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2016-007 - Summarily vacate a 10-foot wide Stom Drainage Easement at 17148 Mill Rise WyRESOLUTION 2016 -007 RESOLUTION OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A 10 -FOOT WIDE STORM DRAINAGE EASEMENT AT 17148 MILL RISE WAY 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of the State of California authorizes the Town Council to summarily vacate a public easement if the easement has been superseded by relocation and there are no public facilities located within the easement; and WHEREAS, the Town Council intends to summarily vacate a 10 foot -wide Storm Drainage Easement (hereinafter the "Easement') at 17148 Mill Rise Way, constituting all that real property situated in the Town of Los Gatos, County of Santa Clara, State of California, more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the proposed vacation is not a project as defined under the California Environmental Quality Act (CEQA); and WHEREAS, the proposed Easement vacation has been superseded by relocation and a new Easement has been granted to the Town by the property owners and there are no public facilities and utilities within the existing easement area. 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: 1. Pursuant to Section 8333 of the Streets and Highways Code, the Storm Drainage Easement as described in Exhibit A and depicted in Exhibit B is vacated upon the recording of a certified copy of this Resolution by the Town Clerk with the County Recorder of Santa Clara County. 1 of 2 Resolution 2016 -007 March 1.2016 2. The Town Clerk is directed to record a certified copy of this Resolution, including Exhibits A & B 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. PASSED AND ADOPTED at a regular meeting of the Town Council held on the I' day of March 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Rob Rennie, Marico Sayoc, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: �— MAY40R OF THE TOWN OF LOS GATOS LOS GATOS7CLIFORNIA DATE: ATTEST: CLERK ADMINIS RAATO OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 2of2 Resolution 2016 -007 March 1, 2016 EXHIBIT A LEGAL DESCRIPTION TO ACCOMPANY AN ABANDONMENT OF A PORTION OF AN EXISTING STORM DRAINAGE EASEMENT IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA A STRIP OF LAND IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT 10 FOOT WIDE STORM DRAINAGE EASEMENT PREVIOUSLY DEDICATED TO THE COUNTY OF SANTA CLARA, LYING ACROSS A PORTION OF LOT 4 AS SHOWN ON THAT CERTAIN MAP OF TRACT NO. 2923, FILED IN BOOK 150 OF MAPS, AT PAGES 6 TO 7, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT NORTH 88 °20'00" WEST 45.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 88 020'00" WEST 10.02 FEET TO A POINT ON THE WESTERLY LINE OF SAID EASEMENT: THENCE LEAVING SAID BOUNDARY ALONG SAID WESTERLY LINE NORTH 1 °31'24" WEST 199.24 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT; THENCE LEAVING SAID WESTERLY LINE ALONG SAID NORTHERLY BOUNDARY SOUTH 84 °41'20" EAST 10.07 FEET TO A POINT ON SAID EASTERLY LINE; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG SAID EASTERLY LINE SOUTH 1 °31'24" EAST 198.60 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE CALIFORNIA LAND SURVEYOR'S ACT. ,: �OQROfESS /p� f P R R R. BRL1fl117% P.E�- m DATE RCE # may`` CD /L2/ Z Fr n O c1 N N / Am FAAI � a) EXHIBIT B PLAT TO ACCOMPANY AN ABANDONMENT OF A PORTION OF A STORM DRAINAGE EASEMENT IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA JANUARY, 2016 S84'4 7 '20 "E �RPG �tFp� VVj 45.00' N88'20'00 "W 151.00' " o M / W J U 5 pfd PORTION OF 10 FOOT WIDE STORM DRAINAGE EASEMENT PREVIOUSLY DEDICATED TO THE COUNTY OF SANTA CLARA PER 150 MAPS 6 -7 TO BE ABANDONED / POINT OF COMMENCEMENT r L1 TRUE POINT OF BEGINNING LINE TABLE LINE LENGTH BEARING L1 10.02' N88- 20'00 "W L2 10.07' S84'41'20 "E Hanna • Brunetti •Civil Engineers Land Surveyors- -Construction Managers Gilroy, California (408) 842 -2173 ,! ROFESS�� U i 2 ti` Z '\ NO 17186 OF CALIF Arnold R. Brunetti, P.E. —/ .6?— /'6 Date Job No 15114 Recording Requested by: TOWN OF LOS GATOS WHEN RECORDED MAIL TO: CLERK ADMINISTRATOR TOWN OF LOS GATOS 110 E MAIN ST LOS GATOS, CA 95030 (SPACE ABOVE BAR FOR RECORDER'S USE) (RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 6103 and 27383) - If applicable RESOLUTION OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A 10- FOOT WIDE STORM DRAINAGE EASEMENT AT 17148 MILL RISE WAY SEPARATE PAGE, PURSUANT TO CA. GOVT CODE 27361.6