2014-014 - Vacate Public Right-of-Way Easement on Albright Way and Albright Ct

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RESOLUTION 2014 -014 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY AND ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT AND PUBLIC SERVICE EASEMENT WHEREAS, Streets and Highways Code Section 8300 et seq. permits the Town of Los Gatos to vacate excess public right -of -way if that right -of -way is unnecessary for present or prospective public use; and WHEREAS, research of the title report and recorded maps shows that the Town of Los Gatos does not have fee ownership of land underlying the street Right -of -Way. WHEREAS, the offer of public right -of -way described in Exhibit A hereto and depicted in the map contained in Exhibit B has been used for any public right -of -way purpose, that purpose no longer exists; and WHEREAS, Town Ordinance 2216 requires the Town Council to vacate Albright Way and Albright Court; and WHEREAS, the proposed vacation does not constitute a project under the California Environmental Quality Act, and the record before the Council demonstrates that there are no significant Environmental effects from the proposed vacation; and WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan and is in the interest of the general public, NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California that the Town Council hereby finds that pursuant to Section 8300 et seq. of the Streets and Highways Code, the public right -of -way easement on Albright Way and Albright Court as described in Exhibit A and depicted in Exhibit B is vacated upon the recording of a certified copy of this resolution by the Clerk Administrator with the County Recorder of Santa Clara County. BE IT FURTHER RESOLVED that Pursuant to Section 8340(c) of the California Streets and Highway Code, a Public Service Easement (PSE) is to be retained and reserved over the vacated right -of -way and access will be made available to all utility companies at their request.