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2016-005 - Summarily vacate a 30-foot wide light and air easement along Kimble Ave at 209 Prospect AveRESOLUTION 2016 -005 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A 30 -FOOT WIDE LIGHT AND AIR EASEMENT ALONG KIMBLE AVENUE AT 209 PROSPECT AVENUE RESOLVED, by the Town Council of the Town of Los Gatos California, that: WHEREAS, Section 8333 of the Streets and Highways Code of the State of California authorizes the Town Council to summarily vacate a public easement if the easement has been determined to be excess and there are no public facilities located within the easement; and WHEREAS, the Town Council intends to summarily vacate a 30 -foot wide Light and Air Easement (hereinafter the "Easement') along Kimble Avenue at 209 Prospect Avenue, constituting all that real property situated in the Town of Los Gatos, County of Santa Clara, State of California, more particularly described and depicted in Exhibit A; and WHEREAS, the proposed vacation qualifies as categorically exempt from the California Environmental Quality Act (CEQA) Section 15305, Minor Alterations in Land Use Limitations; 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, IT IS HEREBY ORDERED: Pursuant to Section 8333 of the Streets and Highways Code, the Light and Air Easement as described and depicted in Exhibit A is vacated upon the recording of a certified copy of this Resolution by the Town Clerk with the County Recorder of Santa Clara County. 2. The Clerk Administrator is directed to record a certified copy of this Resolution, including Exhibit A hereto, with the County Recorder of Santa Clara County. 3. The Easement to be vacated herein will no longer constitute a public easement from and after the date of recordation of the documents identified in Section 2 of this Resolution. Resolution 2016 -005 February 16, 2016 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16`h day of February 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: —� cttAv THE TOWN OF LOS GATOS LOS GATOS, ALIFORNIA DATE: ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: iZj- gz Ilp Resolution 2016 -005 February 16, 2016 Exhibit A Legal Description Beginning at the northeast corner of Lot 3 as shown on that certain map entitled "Tract No. 1954, Ambassador Estates ", filed October 16, 1960, in Map Book 126, Page 12, Santa Clara County Records; Thence from said point of beginning along the east line of the above mentioned Lot 3 South 25 055' 10" East 33.52 feet to the intersection of the said east line of Lot 3 with the Building Setback Line (B.S.L.) as shown on the above mentioned map; Thence leaving said east line of Lot 3 and along said Building Setback Line North 89 °16' West 94.13 feet to the comer of said Building Setback Line; Thence leaving said comer of the Building Setback Line and along the prolongation of the west Building Setback Line as shown on the above mention map North 4 °28' West 30.12 feet to a point on the north line of said Lot 3; Thence along said north line of Lot 3 South 89° 16' East 81.82 feet to the point of beginning. The above description contains an area of 2,638 square feet more or less. Portion of A.P.N. 529 -32 -006. Prepared by Paul Hanagan, LS J77797. /f" a aP.12�31• I� U *� NO. 7747 Page I , of Z pages. R = 10' L = 33.25' D �** �N C� y EXHIBIT A r �a I � 6 I 6j�2 4p.,F I I Lot 4 ��QJHPL LA g09Z 5 J. HA 'rC N0. 7797 EXP. 12 -31 -16 Legend All distances shown are in eet and decimals thereof. NORTH 14.40' EXHIBIT FOR The Caudill Residence Being the lands, within the County of Santa Clara, conveyed to Marcie Caudill. December, 2015 APN 519 -32 -006 Scale: 1" = 50' HANAaAN LAND SL/RVEYING, INC. (1 1r�00EL AVS., SANTA CRUZ, CA 95062 )`i 111' ) 305 -L 50 PNONE 931.469 -3438 Job # 14050 Page Z, of 2 pages. K/ 1`9 B AL E A V E /V U AE- 90.04' S 89 °16' E w 81.82' W IP.O.B. N 30' a _ 94.13_ N 89 °16' W Z I - AREA r N I DESCRIBED, N 2,638 SO. FT :t s; I'o >0 m Lot 3 0 <^ Lot 2 ro y l IL ^ � I Tract No. 1954, wo Ambassador Estates, Book 126, Page 12. r �a I � 6 I 6j�2 4p.,F I I Lot 4 ��QJHPL LA g09Z 5 J. HA 'rC N0. 7797 EXP. 12 -31 -16 Legend All distances shown are in eet and decimals thereof. NORTH 14.40' EXHIBIT FOR The Caudill Residence Being the lands, within the County of Santa Clara, conveyed to Marcie Caudill. December, 2015 APN 519 -32 -006 Scale: 1" = 50' HANAaAN LAND SL/RVEYING, INC. (1 1r�00EL AVS., SANTA CRUZ, CA 95062 )`i 111' ) 305 -L 50 PNONE 931.469 -3438 Job # 14050 Page Z, of 2 pages.