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Ord 1332 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO 1976 ALONG WINCHESTER BOULEVARD AND N. SANTA CRUZ AVENUE FROM DAVES AVENUE TO APPROXIMATELY 200 FEET SOUTH OF BLOSSOM HILL ROAD.ORDINANCE NO. 1332 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO 1976 ALONG WINCHESTER BOULEVARD AND N. SANTA CRUZ AVENUE FROM DAVES AVENUE TO APPROXIMATELY 200 FEET SOUTH OF BLOSSOM HILL ROAD. WHEREAS, Article III of Chapter 32 (Sections 32 °14 through 32 ®23), of the Los Gatos Town Code, provides procedures for the establishment of Underground Utility Districts and requires a public hearing for consideration of such districts; and WHER-�EAS, the Town staff has proposed the establishment of Underground Utility District No. 1976 ®1, and has recommended that the boundaries of said District be as described on the attached Exhibit ''A and WHEREAS, pursuant to the Los Gatos Town Code (Sections 32-14 through 32 -23), a public hearing was held on August 16, 1976, to determine whether or not the public necessity, health, or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys or ways, and the underground installation of wires, and facilities for supplying electric, communications, or similar associated services within the area hereinafter described, after notice duly given.by the Town Clerk of the Town of Los Gatos, as prescribed by said Ordinance; and WHEREAS, the Town Council of the Town of Los Gatos does hereby find that the public necessity, health, or safety does require said removal and said underground installations within said area; and WHEREAS, the above finding is made in part for the following reasons: (1) Such undergrounding will avoid or eliminate the usually heavy concentration of overhead distribution facilities; (2) Said street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. Desiqnation of Area as Underground Utility District: The area of the Town of Los Gatos, County of Santa Clara, State of California, described in the attached ''Exhibit A,'' is hereby designated, pursuant to the Los Gatos Code (Section 32 -14 through Section 32 -23), as an Underground Utility District, and shall bear the name ''Underground Utility District No. 1976 - 1. " Section 2. Exception for Transmission Lines This Ordinance shall not apply to poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. tion 3. Time of Removal of Poles and Overhead Wires and Structures Within Underground Utility District No. 1976-1: (a) September 1, 1977, is hereby fixed as the time within which utility companies shall provide necessary facilities to serve their customers underground, and the time within which affected property owners must be ready to receive underground service. (b) December 1, 1977, is hereby fixed as the time within which all poles and overhead wires and associated overhead structures shall be removed. -2- Section 4. Publication _ Effectiv Date The Town Clerk of the Town of Los Gatos shall cause this Ordinance to be published once, within fifteen (15) days after its adoption, in the Los Gatos Times-Saratoga Observer, a newspaper of general circulation, published and circulated in the Town of Los Gatos. This Ordinance shall take effect and shall be in force from and after the expiration of thirty (30) days after its adoption. INTRODUCED at a regular meeting of the Town Council of the Town of Los Gatos, hel d on the 16 day of August , 1976. PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS hel d on the 20 day of September , 1976, by the following vote: AYES: COUNCIL MEMBERS Mark B. DiDuca. Mardi Gualtieri, John B. Lochner, Albert B. Smith and Ruth Cannon NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: MAYOR OF THE TOWN OF LOS GAT CLERK 0 THE TOWN �,F LOS YATOS , _ 3_ UNDERGROUND UTILITY DISTRICT NO. 76 -1 Description All that land situate in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: Beginning at the Southeasterly corner of the land described in the deed to Donald and Alice Townsend and recorded in Book 9653, Page 385, Santa Clara County Records; thence along the Southerly line of said Townsend parcel ten feet to the intersection thereof with the Westerly line of the land described in the dedication from Charles Wilkes Styer to the Town of Los Gatos, recorded in Book 5047, Page 448, Santa Clara County Records last said line also being the Westerly line of Santa Cruz Avenue as it now exists; thence along last said line, Northerly 55 feet more or less; thence along a tangent curve to the left having a radius of 40.00 feet and an arc length of 62.68 feet to a point of tangency thereof with the Southerly line of Mariposa Avenue; thence along said Southerly line of Mariposa Avenue Westerly 30 feet more or less to a point on last said line; thence leaving the Southerly line of Mariposa Avenue, Northerly across Mariposa Avenue to a point on the Northerly line of Mariposa Avenue 80 feet Westerly of the Westerly line of Santa Cruz Avenue; thence Westerly along said Northerly line of Mariposa Avenue.52.8 feet to a point of intersection thereof with the Westerly line of that parcel of land conveyed by deed to Amiel and Antoinette Zanardi and recorded in Book 9813, Page 468, Santa Clara County Records; thence along said Westerly line of said Zanardi parcel Northerly 62.64 feet to the Southwesterly corner of that parcel of land conveyed by deed to Amiel and Antoinette Zanardi and recorded in Book 9813, Page 465, Santa Clara County Records; thence along the Westerly line of last said Zanardi parcel Northerly 61 feet to the Southwesterly corner of that parcel of land conveyed by deed to Amiel and Antoninette Zanardi and recorded in Book 9813, Page 461,.Santa Clara'County Records; thence along the Westerly line of last said Zanardi parcel Northerly 61 feet to a point of intersection thereof with the Southerly line of that parcel of land conveyed by deed to Amiel and Antoinette Zanardi and recorded in Book 9813, Page 463, Santa Clara County Records; thence along said Southerly line of last said Zanardi parcel Westerly 112 feet to the Southwesterly corner of last said Zanardi parcel; thence along the Westerly line of last said Zanardi parcel Northerly 77.96 feet to the Southwesterly corner of that parcel of land conveyed by deed to Joseph and Bettie Zanardi, recorded in Book 0369, Page 36; thence con- tinuing Northerly along the Westerly line of last said Zanardi parcel 21 feet more or less to the Southwesterly corner of that parcel of land conveyed by deed to Bruce Benke, recorded in Book 0070, Page 350; thence 28 feet more or less along the Westerly line of said Benke parcel to the Northwesterly corner of said Benke parcel; thence Easterly 350 feet more or less along the Northerly line of said Benke parcel to the Westerly line of Santa Cruz Avenue (also known as Winchester Boulevard); thence along said Easterly line of Santa Cruz Avenue Northerly to the EXHIBIT "All Page 1 of 4 intersection thereof with the Southerly line of Bruce Avenue; thence Northerly along the Southerly line of Bruce Avenue 60 feet; thence Northerly across Bruce Avenue to a point of intersection with the Northerly line of }Bruce Avenue, said point being 60 feet Westerly from the Westerly line of Santa Cruz Avenue; thence Easterly along the Northerly line of Bruce Avenue to the Westerly line of Santa Cruz Avenue; thence along the Westerly line of Santa Cruz Avenue Northerly 250 feet more or less to the Southeasterly corner of that parcel of land conveyed by deed to Ernest and Ethel Barkley recorded in Book 1288, Page 41; thence along the boundary of said Barkley parcel the following courses and distances: 1. North 77 0 32 1 West 206 feet; 2. South 12 1 28 1 West 6 feet; 3. North 77 West 44 feet; 4. North 15 0 57 1 East 76 feet more or less to the Northerly line of said Barkley parcel; thence Easterly along last said line 69 feet more or less to the Southwesterly corner of that parcel of land conveyed by deed to Robert and Margaret MacLean and Don and Beverly McCleve, recorded in Book 5599, Page 174, Santa Clara County Records; thence along the Westerly line of said MacLean and McCleve parcel 112.39 feet to the intersection thereof with the limit line of the Town of Los Gatos as established by Bruce Tract - Shelburne Addition Annexation to the Town of Los Gatos, said limit line also being the original limit line of the Town of Monte Sereno; thence along last said limit line Easterly 175 feet more or less to an angle point in last said limit line; thence along last said limit line Northerly 20 feet more or less to the Southwesterly corner of Farley Road - Shelburne Way No. 1 Annexation to the Town of Los Gatos; thence along the Westerly line of last said annexation Northerly 450 feet more or less to the Southwesterly corner of Northwest No. 4 Annexation to the Town of Los Gatos, said corner also being in the Easterly line of that parcel of land conveyed by deed to William and Louise Colon, recorded in Book 5717, Page 354, Santa Clara County Records, said corner also being in the Westerly line of Winchesterly Boulevard; thence along the Westerly line of said Northwest No. 4 Annexation to the Town of Los Gatos and along the limits line of last said Town and along said Easterly line of the Colon parcel Northerly to a point distant thereon 100 feet Northerly from the Southeasterly corner of said Colon parcel; thence leaving last said limit line and running Easterly across Winchester Boulevard to a point on the Easterly line of Winchester Boulevard, said point lying distant thereon 60 feet Northerly from the Westerly prolongation of the Northerly line of Farley Road; thence along said Easterly line of Winchester Boulevard Southerly 40 feet more or less; thence on a tangent curve to the left having a radius of 20.00 feet and an arc length of 26.27 feet to a point of tangency thereof with the Northerly line of Farley Road; thence along the Northerly line of Farley Road to a point lying distant thereon 110 feet Easterly froji the Easterly line of Winchester Boulevard; thence Southerly across said Farley Road to a point on the Southerly line of Farley Road, said point lying distant thereon 110 feet from the Easterly line of said Winchester Boulevard; thence along said Southerly line of Farley Road 90 feet more or less; thence along a tangent curve to the left having a radius 20.00 feet and an arc length of 33.07 feet to a point of tangency thereof with EXHIBIT "A41 Page 2 of 4 said Easterly line of Winchester Boulevard; thence along last said line Southerly 75.79 feet to the intersection thereof with the Northerly line of that parcel of land conveyed by deed to Tooru and Mamoru Hirose recorded in Book 4111, Page 538, Santa Clara County Records; thence along the Northerly line of said Hirose parcel Easterly 190 feet; thence Southerly 100 feet along the Easterly line of said Hirose parcel to the Northeasterly corner of that parcel of land conveyed by deed to Hugh and Judith Giffin recorded in Book 145, Page 277, Santa Clara County Records; thence Southerly 100 feet along the Easterly line of said Giffin parcel; thence Westerly 200 feet along the Southerly line of said Giffin parcel to the intersection thereof with the Easterly line of Winchester Boulevard; thence Southerly 100 feet along said Easterly line of Winchester Boulevard to the intersection thereof with the Northerly line of Shelburne Way; thence along last said line Easterly 25 feet; thence across Shelburne Way Southerly to a point on the Southerly line of Shelburne Way, said point lying distant thereon 25 feet Easterly from the Easterly line of Winchester Boulevard; thence 125 feet Easterly along the Southerly line of Shelburne Way to the Northeasterly corner of that parcel of land conveyed by deed to Frank Toso, recorded in Book 8924, Page 713, Santa Clara County Records; thence along the Easterly line of said Toso parcel Southerly 100 feet to the intersection thereof with the Northerly line of that parcel of land conveyed by deed to Antonio and Eleanor Mattiuz, recorded in Book 1517, Page 129, Santa Clara County Records; thence along said Northerly line of said Mattiuz parcel Easterly 50.00 feet to the Northeasterly corner of said Mattiuz parcel; thence along the Easterly line of said Mattiuz parcel Southerly 200.00 feet to a point on the Northerly line of that parcel of land conveyed by deed to James and Dale McElroy, recorded in Book 3577, Page 591, Santa Clara County Records; thence leaving said Northerly line of said McElroy parcel and running from last said point Southwesterly 340 feet more or less across said McElroy parcel and that parcel of land conveyed by deed to Leonard and Marie Smith, recorded in Book 9206, Page 485, Santa Clara County Records, to a point on the Southerly line of said Smith parcel, said point lying thereon 64 feet Easterly from the Northeasterly corner of that parcel of land conveyed by deed to Frederick and Eva Hunt, recorded in Book 2261, Page 306, Santa Clara County Records; thence along said Southerly line of said Smith parcel 64 feet to said Northeasterly corner of said Hunt parcel of land; thence along the Easterly line of said Hunt parcel and continuing along the Easterly line of that parcel of land conveyed by deed to Robert and Madeline Skuse, recorded in Book 7680, Page 387, Santa Clara County Records Southerly 184.00 feet to the Southeasterly corner of said Skuse parcel, said corner also being in the Northerly line of that parcel of land conveyed by deed to California State Automobile Association, recorded in Book 9022, Page 46, Santa Clara County Records; thence 64 feet Easterly along said Northerly line of the California State Automobile Association parcel; thence leaving last said line across last said parcel of land and across Blossom Hill Road Southerly 200 feet more or less to a point on the Southerly line of Blossom Hill Road, said point also being the Northeasterly corner of that parcel of land conveyed by deed to The Chase Manhattan Bank, EXHIBIT "A" Page 3 of 4 recorded in Book 3764, Page 81, Santa Clara County Records; thence along the Easterly line of last said parcel Southerly 120 feet more or less to the Southeasterly corner thereof; thence along the Southerly line of last said parcel 100 feet more or less to the Easterly line of Santa Cruz Avenue; thence Southerly along last said line 60 feet; thence leaving said Easterly line of Santa Cruz Avenue and running Westerly across Santa Cruz Avenue to the Westerly line of Santa Cruz Avenue; thence 15 feet more or less Northerly along the Westerly line of Santa Cruz Avenue to the point of beginning. EXHIBIT "A Page 4 of 4