1989-242-Ordering Vacation Of A Portion Of Public Right-Of-Way Called New York AvenueRESOLUTION 1989 - 242
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING VACATION OF A PORTION OF PUBLIC
RIGHT -OF -WAY CALLED NEW YORK AVENUE (FROM THE STATE RIGHT -OF -WAY FENCE TO 230 FEET
SOUTHEASTERLY).
WHEREAS, the Town Council of the Town of Los Gatos has proceeded under the
provisions of Division 9, Part 3, (Sections 8300 through 8331) of the Streets and
Highways Code concerning vacation of a portion of a public right -of -way situated
in the Town of Los Gatos, County of Santa Clara, State of California, consisting
of a strip of land approximately 230 feet long containing approximately 13,305 sq.
ft. (31± AC) located on New York Avenue with its northwesterly terminus lying on
the state right -of -way line, includes said roadway from said right -of -way line to
approximate 230 feet southeasterly, more particularly described on Exhibit "A"
entitled "Description of Public Roadway to be Abandoned (Portion of New York Avenue
- from the State right -of -way fence to 230± feet southeasterly)" and Exhibit B
(Plat to accompany).
WHEREAS, pursuant to the provisions of the Streets and Highways Code Section
8313 and Government Code Section 65402, a report from the Planning Commission has
been received and reviewed, and the Town Council hereby determines that the proposed
vacation is consistent with the Town's General Plan; and
WHEREAS, the public convenience and necessity may require the reservation of
public utility easements on and over and beneath all of that portion of Roberts Road
referred to in this resolution, for construction, maintenance, operation,
replacement, removal and renewal of sanitary sewers and storm drains and appurtenant
structures in, upon, over and across New York Avenue pursuant to any existing
franchises or renewals thereof, or otherwise, for construction, maintenance,
operation, replacement, removal, renewal and enlargements of pipe lines, conduit,
cables, wires, hose and other convenient structures, equipment and fixtures for
the operation of gas pipe lines, telegraphic and telephone lines, conduit, cables,
wires, hose and other convenient structures, equipment and fixtures for the
transportation and distribution of electric energy, petroleum and its products,
water and incidental purposes, including access and the right to keep the property
free from inflammable materials, and wood growth, and otherwise protect the same
from all hazards, and the proceedings have been taken subject to the reservations
of such easements; and
WHEREAS, an Ingress- Egress Easement to the benefit of the Los Gatos Youth
Park, Inc, will be granted; 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.
RESOLVED, the Town Council of the Town of Los Gatos finds from all of the
evidence submitted that all of that portion of public right -of -way described above
is unnecessary for present or prospective roadway purposes, and hereby makes its
order vacating the public right -of -way dedication along New York Avenue, reserving
from such vacation all easements described above which may be required.
BE IT FURTHER RESOLVED that the Town Resolution No. 1989 -192 is hereby
rescinded.
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 by the Town Council of the Town of Los Gatos at a
meeting held this 18th day of DECEMBER, 1989, by the following vote:
AYES COUNCIL MEMBERS
NAYES COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ABSTAIN COUNCIL MEMBERS
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS
Joanne Benjamind, Eric D. Carlson
Robert L. Hamilton, Brent N. Ventura
Mayor Thomas J. Ferrito
NONE
NONE
NONE
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RESOS: /CNCLRPTS \NEWVORK.TC
DESCRIPTION OF PUBLIC ROADWAY TO BE ABANDONED
(PORTION OF NEW YORK AVENUE - FROM THE STATE
RIGHT -OF -WAY FENCE TO 230+ FEET SOUTHEASTERLY)
BY THE TOWN OF LOS GATOS
All that certain parcel of land situated in the Town of Los Gatos, County of
Santa Clara, State of California, described as follows:
Beginning at the most easterly corner of that certain parcel of land
described in deed to San Jose Water Company recorded in Book 46 of
official records at page 169, Santa Clara County Records. Said
point of beginning is also lying on the southwesterly right -of -way
line of New York Avenue. Thence leaving said point of beginning and
along said southwesterly right -of -way line of New York Avenue. N
60o 33' 54" E, 235.10 feet to a point on the southeasterly right -of -way line of
State Route 17 said point also being the most easterly corner of a parcel of
land granted to the State of California from the Novitiate of Los Gatos recorded
in Book 2929 of official records, at page 609, Santa Clara County Records.
Thence leaving said point and along said right -of -way line of State Route 17,
N 530 34' 55" E, 65.75 ft. to a point on said State right -of -line, said point
being the westerly terminus of the northeasterly right -of -way line of New York
Avenue, said point is also parallel with and 60.00 ft. at right angles from the
southwesterly right -of -way line of New York Avenue. Thence leaving said point
and along said northeasterly right -of -way line S 600 33' 54" E, 208.20 ft. to
a point on said northeasterly right -of -way line of New York Avenue, said point
is also parallel with and 60.00 at right angles from the southwesterly right -
of -way line of New York Avenue. Thence leaving said point and the northeasterly
right-of -way line, S 29* 26' 06" W, 60.00 ft. to the point of beginning.
Containing .31+ AC.
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PLAT TO ACCOMPANY DESCRIPTION OF NEW YORK AVE. ABANDONMENT