1985-059-Order Vacating Excess Portion Of A Public Thoroughfare For Public Road Purposes (At The North End Of Lyndon Avenue Near Bean Avenue)RECORDING REQUESTED BY:
Town of Los Gatos
WHEN RECORDED MAIL TO:
Town Clerk
Town of [.as Gatos
P.O. Box 949
Los Gatos, California 95031
NO FEE - GOV. CODE 6103
RESOLUTION NO. 1985 -59
ORDER VACATING EXCESS PORTION OF A
PUBLIC THOROUGHFARE FOR PUBLIC ROAD PURPOSES
(AT THE NORTH END OF LYNDON AVENUE NEAR BEAN AVENUE)
WHEREAS, the Town Council of the Town of Los Gatos has proceeded under the
provisions of Division 9, Part 3 (Section 8300 through 8330) of the Streets and
Highways Code, concerning vacation of a parcel of land dedicated for public street
purposes in the Town of Los Gatos, County of Santa Clara, consisting, of a strip of
land approximately 400 feet long which contains approximately 18,318 square feet
located at the northerly end of Lyndon Avenue near Bean Avenue, and more
particularly described on Exhibit "A" entitled, "Description of Excess Portion of a
Public Thoroughfare To be Abandoned by the Town of Los Gatos ", attached hereto, and
shown on Exhibit "B" entitled, "Plat to Accompany Description of Public Thoroughfare
Abandonment "; and
WHEREAS, the public convenience and necessity require the reservation of
easements and rights -of -way; and
WHEREAS, pursuant to the provisions of the Streets and Highways Code, a
Resolution of Intention was passed, a noticed hearing held, and good cause appearing
therefor.
WHEREAS, the Town Council of the Town of Los Gatos makes the following findings:
1. The project, consisting of vacating a certain portion of the public
thoroughfare as set forth above, will not have a significant impact on the
environment and a Negative Declaration is made.
2. The traffic enaineerina studies indicate a cul -de -sac is the alternative
which would handle any traffic generated from the closure of the street
with the least impact to the area.
3. Victory Lane would allow circulation of traffic in a north -south direction
between Main Street and Bean Avenue.
4. The closure of access to Bean Avenue from Lyndon Avenue does not
substantially impair residents' right of access to the general system of
streets each serves. Lyndon Avenue is only one block long, and the
connecting streets (Main Street and Bean Avenue) each service the same
downtown network of streets.
5. The closure of Lyndon Avenue is consistent with the Town policy stated in
the General Plan, Section 4.5, 1. b. which is to "inhibit the flow of
through traffic in established neighborhoods to the extent feasible without
impacting the freedom of movement of residents ".
6. If Lyndon Avenue is not closed to through traffic, a substantial and
increasing volume of traffic may be expected to use Lyndon Avenue solely as
a "shortcut" through the downtown area. Such volume of traffic is contrary
to Section 4.6, 1. a. (5) of the General Plan which provides that local
streets "shall not, by design, encourage through traffic ".
7. The project is consistent with the goals stated in Section 4.4, 2. of the
General Plan, in that it will "provide safe and efficient moverent within
the Town... while minimizing unnecessary traffic movement and noise through
residential neighborhoods ".
8. The project is consistent with the goal stated in the Community Design
Element of the General Plan, Section 13.3 which is "to insure high quality
community design for new construction and renovation, and conservation of
historically and architecturally important structures or streetscapes ".
9. The project is in keeping with Section 13.4(3) and (4) of the General Plan
which states two Town policies: promoting and protecting the identity of
residential neighborhoods and promoting and protecting the identity of
commercial areas. The project will separate the commercial from the
residential zones, thereby protecting the identity of each area.
10. The project is within the scope of the Downtown Specific Plan which
provides at Section V, Policy 1. that it is the policy of the Town to
develop and implement appropriate traffic controls "to protect downtown
residential neighborhoods from the impacts of through traffic in terms of
safety, speeding, noise and other disturbances ".
11. The closure of Lyndon Avenue is designed to eliminate the crossing at
mid- street Lyndon Avenue which is a threat to the health, safety and
welfare of neighborhood residents and school children.
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12. The portion of Lyndon Avenue proposed for abandonment was originally owned
by the applicant but was donated to the Town in 1954. In exchange for
granting this same property back to the applicant, the applicant has agreed
to dedicate certain rights -of -way, make specific street improvements on
neighboring streets and provide for landscape maintenance and screening
landscaping for the benefit of the Town.
RESOLVED, the Town Council of the Town of Los Gatos finds from all of the
evidence submitted that all of that excess portion of the Public Thoroughfare at the
north end of Lyndon Avenue near Bean Avenue described above is unnecessary for
present or prospective public street purposes, and hereby makes its order vacating
the excess portion of the Public Thoroughfare Dedication at the north end of Lyndon
Avenue near Bean Avenue.
FURTHER RESOLVED, the Town Clerk shall cause a certified copy of this Order,
attested by her under the seal of the Town, to be recorded in the Office of the
County Recorder of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on 6th day of _May , 1985 by the following vote:
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Thomas J.
N.
Ferrito, Brent Ventura. and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:
--7LER. OF THE -0 OS S
-3-
"EXHIBIT "A"
DESCRIPTION OF EXCESS PORTION OF A PUBLIC THOROUGHFARE
TO BE ABANDONED (LYNDON AVENUE NEAR BEAN AVENUE) BY THE TOWN OF LOS GATOS
All that certain parcel of land in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
Beginning at a point of intersection of the Southerly line of Bean
Avenue, and the Westerly line of Lyndon Avenue; thence along the
Southerly Tine of Bean Avenue South 61° 29' 00" East, 50.06 feet to
the Easterly line of Lyndon Avenue; thence along the Easterly line of
Lyndon Avenue, along a nontangent curve concave to the East with a
radial bearing of South 580 40' 57" East, having a radius of 1,875
feet; through a central angle of 100 53' 470, an arc length of 356.58
feet; thence continuing along said Easterly line South 20° 25' 16"
West, 39.29 feet, to a point of cusp; thence from a radius point which
bears South 69° 34' 44" East along a tangent curve concave to the
Southwest, having a radius of 40 feet, through a central angle of 1040
28' 39`, an arc length of 72.94 feet to a point in the Westerly line
of Lyndon Avenue; thence along said Westerly Tine North 20° 25' 16"
East, 0.56 feet to a point of curvature; thence along a tangent curve
concave to the East, having a radius of 1,925 feet, through a central
angle of 10° 49' 25% an arc Tength of 363.65 feet to the point of
beginning.
Containing 0.42 acres, more or less.
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