1963-025-Declaring The Intention Of The Town To Order The Vacation Of A Portion Of Yosemite Way In The TownRESOLUTION NO. 1963-25
RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS TO ORDER THE VACATION OF A PORTION
OF YOSEMITE WAY IN THE TOWN OF LOS GATOS
BE IT RESOLVED:
That the public interest requires, and the Town Council
of the Town of Los Gatos hereby declares its intention to order
the vacation of a portion of Yosemite Way in the Town of
Los Gatos, which said portion to be vacated is shown upon a
map bearing the legend: "Proposed vacation of a Portion of
Yosemite Way, which map is hereby approved and is hereby
ordered filed in the Office of the Town Clerk of the Town of
Los Gatos, and which said map is hereby referred to for the
particulars as to the proposed vacation.
That the 15th day of April, 1963, at the hour of 8:00
o'clock p.m. on said day, in the Council Chambers at the
Town Hall, in the Town of Los Gatos, is hereby fixed as the
time and place for hearing all persons interested in, or
objecting to, the proposed vacation.
That the Town Clerk of the Town of Los Gatos is hereby
directed to post, or cause to be posted, conspicuously, along
the line of the portion of Yosemite Way proposed to be
vacated, notices of such vacation by posting said notices not
more than 300 feet apart, but at least three (3) shall be
posted on said portion of said avenue and shall be posted at
least ten (10) days before the time set for public hearing.
That in the herein -proposed vacation of a portion of
said Yosemite Way, the Town Council of the Town of Los
Gatos hereby elects to proceed under and in pursuance of the
"Street Vacation Act of 1941", and being Division 9, Part 3 of
the Streets and Highways Code of the State of California.
-1-
That the portion of said Yosemite Way intended to be
ordered vacated is particularly described as follows:
All that certain parcel of land situate partly
within and partly without the Town of Los Gatos,
County of Santa Clara, State of California,
described as follows:
BEGINNING at the Westerly corner of that certain
one acre parcel of land conveyed by Kate M. Gregory,
et vir, to Josephine M. Hays, by Deed dated January
23, 1923 and recorded January 24, 1923 in Book 7
of Official Records, at page 58, Santa Clara County
Records, and in the Northwesterly line of Yosemite
Way, as shown on the Map of Los Robles Subdivision
on file in the office of the. Recorder of the County
of Santa Clara, State of California, in Book X of
Maps, at page 48 and 49; thence along the Southwesterly
line of said one acre parcel of land crossing Yosemite
Way, S. 63° 19' E. 30.11 feet to the Southeasterly
line of Yosemite Way, as shown on said Map, and the
Northwesterly line of that certain 0.268 of an acre
parcel of land conveyed by Josephine M. Hays, et vir,
to H. S. Hallenbeck, by Deed dated October 14, 1927
and recorded October 19, 1927 in Book 350 of Official
Records, at page 564, Santa Clara County Records;
thence along the Northwesterly line of said 0.268 of
an acre parcel of land and along the Southwesterly
line of Yosemite Way, as shown on said Map above referred
to, N. 33° 59' E. 83.16 feet to the Northerly corner
of said 0.268 of an acre parcel of land in the
Northeasterly line of said one acre parcel of land
above referred to; thence along the Northeasterly
line of said one acre parcel of land and the North-
easterly terminus of Yosemite Way, as shown on said
Map, N. 62° 05' W. 30.16 feet to the Northerly corner
of said one acre parcel of land at the Northeasterly
terminus of the Northwesterly line of Yosemite Way,
as shown on said Map of Los Robles Subdivision; thence
along the Northwesterly line of said one acre parcel of
land and a Northwesterly line of said Yosemite Way,
S. 33° 59' W. 83.16 feet to the point of beginning,
being a portion of the Rancho Rinconada de Los Gatos,
and also being a portion of Yosemite Way, as shown on
said Map of Los Robles Subdivision hereinabove referred
to.
BE IT FURTHER RESOLVED:
That the public convenience and necessity require the
reservation of easements and rights of way at any time, or
from time to time, to construct, maintain, operate, replace,
remove, and renew sanitary sewers and storm drains and pertinent
structures in, upon, over, and across the portion of Yosemite
Way proposed to be vacated, and to construct, maintain, operate
-2-
replace, remove, renew and enlarge lines of pipe, conduits,
cables, wires, poles and other convenient structures,
equipment and fixtures for the operation of gas pipe lines,
telephone lines, and for the
of electrical energy, water,
transportation or distribution
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, in, upon, and over the portion proposed to be
vacated, all in accordance with the provisions of Section 8330
of the Streets and Highways Code.
BE IT FURTHER RESOLVED:
That these proceedings are hereby taken subject to such
reservations and exceptions hereinabove stated.
That this REsolution shall be published once in the "Los
Gatos Times -Saratoga Observer", a newspaper of general circulation,
printed and circulated in the Town of Los Gatos, within fifteen (15)
days of its passage.
PASSED AND ADOPTED BY A REGULAR MEETING OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS HELD ON THE 25th DAY OF MARCH, 1963, BY
THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ATTEST:
C db TEE
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
GATOS
-3-
JOHN LINCOLN
HENRY C. CRALL
JAMES E. DONATI
ALBERTO E. MERRILL
JOE WHELAN
NONE
NONE
HE -TOWN OF LOS GATOS
Affidavit of
RESOLUTION NO. 1963-25
RESOLUTION DE-
CLARING THE INTENTION
OF THE TOWN COUNCIL OF'
THE TOWN OF LOS GATOS
Puollcatloni TOF ARPORT ON£OVFAYOSEM
MES '7 =`SERVER
114 Royce Street
LOS GATOS ® CALIFORNIA
In The Superior Court
OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
RESOLUTION 1,O. 19 3-2
O.
John S. Baggerly , declares
and says: That at all times hereinafter mentioned he was •a citizen of the
United States, over the age of eighteen years, and a resident of said
county, and was at and during all said times the Principal Clerk of the
printer of Los Gatos Times -Saratoga Observer, a newspaper of general
circulation printed and published daily except Saturdays, Sundays and
Holidays, in the Town of Los Gatos, in said County of Santa Clara, State
of California; that said Los Gatos Times -Saratoga Observer is and was
at all times herein mentioned, a newspaper of general circulation in
the Town of Los Gatos and County of Santa Clara as that term is
defined by Sec. 6000 et seq. of the Government Code, and, as provided
by said section, is published for dissemination of local news and in-
telligence of a general character, having a bona fide subscription list of
paying subscribers, and is not devoted to the interests, or published
for the entertainment or instruction of a particular class, profession,
trade, calling, race, or denomination, or for the entertainment and in-
struction of any number of such classes, professions, trades, calling, races
or denominations; that at all times said newspaper has been established,
printed and published in the said Town of Los Gatos in said County
and State, at regular intervals for more than one year preceding the
first publication of the notice herein mentioned; said notice was set in
type not smaller than nonpareil, and was preceded with words printed
in black -face type not smaller than nonpareil describing and expressing
in general terms, the purport and character of the notice intended to
be given; that the
Resolution
of which the annexed is a true printed copy, was published and printed
in said newspaper once on each of the following dates, to wit:
March 22, 1963
, ctha..B..... _Bagger.ly , declare
under penalty of perjury that the foregoing is true and correct.
ISI
Subscribed and sworn to before me this2_9_.day of._ ar 119_.6
(TA,
Notary Public in and for Santa lara County, California
Mary A. Andrews
ITE WAY IN THE TOWN OF
LOS GATOS
BE IT RESOLVED:
That thc priblic 1 Itc•r'est re-
quires, and tiie Town Council
o' the Town of Los Gatos
hereby declares its • intention
to order the vacation of a por-
tion of Yosemite Way in the
Town of Los Gatos, which said
portion to be vacated is shown
upon a map bearing the
legend: "Proposed vacation of
a Portion of Yosemite Way,
which man is hereby approved
and is hereby ordered fil
in the Office of the Town C]er
of the Town of Los Gatos. an
which said map is hereby re-
ferred to for the particular
as to the proposed vacation.
That the 15th day of April,
1963, at the hour of 8:00 o'.Y
clock p. rn. on said day, in;.
the Council Chambers at the,
Town Hall, in the Town off'
Los Gatos, is hereby fixed
as the time and place for
hearing all persons interested
in, or objectinng to, the pro-
posed vacation.
That the Town Clerk of the,
Town of Los Gatos is hereby
directed to post, or cause to
he posted, conspicuously, along
the line of the portion of Yo-
semite Way proposed to bel
vacated, notices of such va- J
cation by posting said notices/
not more than 300 feet apart,
but at least three (3) shall be
posted on said portion ,.qf said
avenue and shall be $bsted
at least ten (10) days before
the time set for public hear-
ing.
That in the herein -proposed
vacatigg of a, portion of said
Yosemite Way. . , the Town
Council of the Town of Los
Gatos hereby elects to proceed
under and in pursuance of
the "Street Vacation Act of
1941 ", and being Division 9,
Part 3 of the Streets and High-
ways Code of the State of
California.
That the portion of said Yo-
semite Way intended to be
ordered vacated is particularly
described as follows:
All that 'certain parcel of
land situate ortly within
and partly witfiiutthe Town
of Los Gatos, County of San-
ta Clara, State of California,
described as follows:
BEGINNING at the West-
erly corner of that certain
one acre parcel of land con-
veyed by Kate M. Gregory,
et vir, to Josephine M. Hays,
by Deed dated January 23,
1923 and recorded January
24, 1923 in Book 7 of Official
Records, at page 58, Santa
Clara County Records and
in the Northwes,te-ra ;�- eTr
of the sriia C1aSookt X 49 '
tY °f one 48 and est
n Call at South esce
e
.. Me cline�nof saaoss ng Y11
fi erlY of land 19' E. 30• e
ag par tewaY• uheaster1as 91Own
B� feet t° elmite°waY'the North
OF of Yos and Certai,
aid 'Ma?. ,of that1 of
TH,, 011 esterof la e acre Pateel,ine
HEM W by 3 oseP xal-
OF 1 0.268 Convesea toll- S• Oc_
FOL, 1 becl�, b19Dvg e and a e er 35
erode 14, 192, in B at page
toOctober 19 tds, County
geC
of Official Clara e
564 Santa e alonof sad
gecords; thenc line e1 of
O Northv t an acre e Se-
F S 0,268 and along the osemlte \
l' Ni land ear line n°on said M59' 1
si Jk eSt as she°red to, N'ott1 erXY
MAY E 8316 fee .,„ 0,2, 8 of the
y corner °eel of land of said
fik
3F I
EST:
s/ Bever]vRK acre Peasterre Boland ag t e `C'
TOWN OF Norta re Parcel °ce along the'
Pub. Mar. ' referreeas erlsi line d ansaid t ofl,
Northparcel of la moos, rm
JL.L Lll.b.11/1.1 LEL ally .1.11.1111,./.1 ,aczoo,o7
or denominations; that at all times said newspaper has been established,
printed and published in the said Town of Los Gatos in said County
and State, at regular intervals for more than one year preceding the
first publication of the notice herein mentioned; said notice was set in
type not smaller than nonpareil, and was preceded with words printed
in black -face type not smaller than nonpareil describing and expressing
in general temis, the purport and character of the notice intended to
be given; that the
Resolution
of which the annexed is a true printed copy, was published and printed
in said newspaper once on each of the following dates, to wit:
March 29, 1963
1, Jnhn_B, Baggeriy , declare
under penalty of perjury that the foregoing is true and correct.
Subscribed and sworn to before me this2.9..day of...Maroti 19..6.3
Notary Public in and for SantaClara County, California
Mary A. Andrews
That the portion of said Yo- '
semite Way intended to be
ordered vacated is particularly
described as follows:
All that -Op jorcel of
land r.ituate, tly within
and partly wi ut the Town
of Los Gatos, County of San-
ta Clara, State of California,
described as follows:
BEGINNING at the West-
erly corner of that certain
one acre parcel of land con-
veyed by Kate M. Gregory,
et vir, to Josephine M. Hays,
by Deed dated January 23,
1923 and recorded January
24, 1923 in Book 7 of Official
Records, at page 58, Santa
Clara County Records, and
in the Northwesterly line of
Yosemite Way, as shown on
the Map of Los Robles Sub-
division on file in the office
of the Recorder of theCoun-
ty of Santa Clara, State of
California, in Book X of
Maps, at page 48 and 49;
- thence along the Southwest-
erly line of said one acre
parcel of land crossing Yo-
semite Way, S. 63° 19' E. 30.11
feet to the Southeasterly line
of Yosemite Way, as shown
on said Map and the North-
westerly line of that certain
0,268 of an acre parcel of
land conveyed by Josephine
M. Hays, et vir, to H. S. Hal-
lenbeck, by Deed dated Oc-
tober 14, 1927 and recorded
October 19, 1927 in Book 350
of Official Records, at page
564, Santa Clara County
Records; thence along the
Northwesterly line of said
0.268 of an acre parcel of
land and along the South-
westerly line of Yosemite
Way, as shown on said Map
above referred to, N. 33° 59'
E. 83.16 feet to the Northerly
corner of said 0.268 of an
acre parcel of land in the
Northeasterly line of said
one acre parcel of land above
referred to; thence along the
Northeasterly line of said one
acre parcel of land and the
Northeasterly terminus of
Yosemite Way, as shown on
said Map, Ni 62° 05' W 30.16
feet to the Northerly corner
of said one acre parcel of
land at the Northeasterly
terminus of the Northwest-
erly line of Yosemite Way,
as shown on said Map of
Los Robles Subdi'vision;
thence along the Northwest-
erly line of said one acre
parcel of land and a North-
westerly line of said Yo-
semite Way, S. 33° 59' W.
83.16 feet to the point of
beginning, being a portion
of the Rancho Rinconada de
Los Gatos, and also being a
portion of Yosemite Way, as
shown on said map of Los
Robles Subdivision herein -
above referred to.
BE IT FURTHER RESOLVED:
That the public convenience
and necessity require the res-
ervation of easements and I
rights of way at any time, or
from time to time, to con-
struct, maintain, operate, re-
place, remove, and renew san-
itary sewers and storm drains
and pertinent structures in,
U13051 over, and across the
portion of Yosemite Way pro-
posed to be vacated, and to
construct, maintain, operate,
replace, remove, renew and
enlarge lines of pipe, conduits,
cables, wires, poles and other
convenient structures; equip-
ment and fixtures for the op-
eration Of gas pipe lines, tele-
phone lines, and for the trans-
portation or distribtition of
electrical energy, water, and
incidental purposes, including
access and the right to keep
the property free from inflam-
mable materials, and wood
growth, and otherwise pro-
tect the same from all haz-
ards, in, upon. and over the
portion proposed to be vacated,
all in accordance with the pro-
visions -of 'Section- 8$10"of the
Affidavit of Publication
MES „' BSERVER
114 Royce Street
LOS GATOS ® CALIFORNIA
In The Superior Court
OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
RESOLUTION NO. 1963-25
No.
John S . Bagger1y , declares
and says: That at all times hereinafter mentioned he was a citizen of the
United States, over the age of eighteen years, and a resident of said
county, and was at and during all said times the Principal Clerk of the
printer of Los Gatos Times -Saratoga Observer, a newspaper of general
circulation printed and published daily except Saturdays, Sundays and
Holidays, in the Town of Los Gatos, in said County of Santa Clara, State
of California; that said Los Gatos Times -Saratoga Observer is and was
at all times herein mentioned, a newspaper of general circulation in
the Town of Los Gatos and County of Santa Clara as that term is
defined by Sec. 6000 et seq. of the Government Code, and, as provided
by said section, is published for dissemination of local news and in-
telligence of a general character, having a bona fide subscription list of
paying subscribers, and is not devoted to the interests, or published
for the entertainment or instruction of a particular class, profession,
trade, calling, race, or denomination, or for the entertainment and in-
struction of any number of such classes, professions, trades, calling, races
or denominations; that at all times said newspaper has been established,
printed and published in the said Town of Los Gatos in said County
and State, at regular intervals for more than one year preceding the
first publication of the notice herein mentioned; said notice was set in
type not smaller than nonpareil, and was preceded with words printed
in black -face type not smaller than nonpareil describing and expressing
in general terms, the purport and character of the notice intended to
be given; that the
Resolution
of which the annexed is a true printed copy, was published and printed
in said newspaper once on each of the following dates, to wit:
March 29, 1963
I, sIQhxi...a......Bagger 1,y , declare
under penalty of perjury that the foregoing is true and correct.
Subscribed and sworn to before me this2.9--.day of--.Mar'Gt'I19--63
Notary Public in and for Santa. lara County, California
iVicrtr A A»r7»ot.tcr
1 ESOL1
R E S O
TO
CLARORINt
OF THE
THE TO
OF A
ITE' W A
LOS GI
BE IT E
That
quires,
-)f the
hereby
to orde
tion of
Town o-
oortior
upon
legend—
a Pots
which u saornaas
and i` In pa.xa;}3o sr uotunuzuro0
in the o „'lsragO
of the 3 lunoo ;If7 stra 2uopicrt„
which,ptsuoo of laatu uauz OOSZ se
ferredWoucl�t0 ut „uannaq to opts
as to 11 uTJaglE� .lsalna z aril
Ths �f:zols aql Sr sri;I,I, 'umogs aq
1962,.tm „uwi? 3 tgatuznt agy„ .guru
clockma ',,fepuns stgy •ui•d L le
the .1-0aq a3fAJas +2ufuana agy
Towr •
'paltnut aan glnoS
as Los
•aigrg aql pun uorintona
hea to s Al slnap wigstg,L •ulno�f
I
rows g21q alp of umgs
o
posecl IIIm„ssaursna UfaK Y1Euo
T?rIIF atly •ur•d „
00:9 In ptag sr
Towlnofi ale a3o11o3 pun 'mows
diredtg 'ugrH Jotunp `Jotun
be
theprl anon ulno P
A tzntlsrau0
•saatAdas atll II0 uranp
serrautelutt rzz st .faasanu aqy •a3e
vaczana ao a
cat% 3 prat/ g ate sassn10 •turn
not '6 In sur,3aq Ioogos algtg
but „i,uorsaanuo3 sI 1ULIM , 'a2ns
posatu aql luasaad Iltm lalstuttu
avFd,L 'tzz•n gf7:0E In sur,3aq aor
at iaas' dtgsaom 3utuaoyil agJ1
the
in LLE le 'any saAea
plaq saZrnaas aql
vaualln of ITV saltnur solMO sou
Yr goang0 uat4sr,zg0 oq.L
Ci N'itLLSI13HO
G
1psanat as [pa d OE:f, In �fuprJ3
groa I .nog0 Jorun f
O 'ls at/LL '. utmolloj SI
kalemattutu ssnto uotlnuzJtJuoo
tgl glfm anutluoa rip uotl
olsatrla pun aa�fnad .uruana
s ualua- at l lq.3ru let/4 I -
E 4v. 'aaztuads lsan aq Mm f l
eltdsog unitdeures poop ag1 fff o AaetltxnV s,uauro1 aql ;o alto aaopoagx •sayil •gounl
faes 'pun 2utlaatu ssauisnq n
Streets and Highway Code.
BE IT FURTHER RESOLVED:
• That these proceedings are
hereby taken subject to such
reservations a n d exceptions
hereinµbove stated.
That this Resolution be pub-
• lished once in the "Los Gatos
Times -Saratoga Observer", a
'newspaper of general circula-
tion, printed anti circulated in
the Totvn of Los Gatos, within
fifteen C 15) days of its pass-
age.
PASSED A N D ADOPTED
BY A REGULAR MEETING
OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS
HELD' ON THE 25th DAY
OF MARCH, 1963, BY THE
FOLLOWING VOTE: iYES:JOHCOUN.LINNCOLNCILMEN
HENRY C. CRALL
r. JAMES E. DONATI
AI. BERTO E. MERRILL
JOE WHEI,AN ,
OES: C UNCILII'FEN::'
None.
ESENT; COUNCILM N
• None '
s/ 3OHN •LINGOL
•MAYOR OF THE,.
OE LOS GATOS;EST: i
/ Beverly H. Plattiick, (Seal)
CLERK OP THE
TOWN OF LOS GATOS
Pub. Mar. 29. 1963
31b'IJ321ddY
•••sazuva�
ai!
1139V3-83HJSf3-E
i4bi2 0
siirn NH! it
c
I•
6
U
l
a
Il
A
It
Ot
a'
a
s
3
c