2022-052 - Vacating Public Utility Easment at 112 Wilder and 115 North Santa Cruz Avenue NSCRESOLUTION 2022-052
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUMMARILY VACATING PUBLIC UTILITY EASEMENT AT 112 WILDER AVENUE AND
115 NORTH SANTA CRUZ AVENUE
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation
Law, commencing with Streets and Highways Code Section 8330 et seq., provides the process for
summary vacation of streets and public service easements; and
WHEREAS, the seven -foot wide public utility easement within the property located at 112
Wilder Avenue, was dedicated to the Town of Los Gatos for the purpose of providing electric
service from a PG&E joint pole on Victory Lane Alley to a PG&E street Tight on Wilder Avenue;
and
WHEREAS, the Grant of Easement for the dedication was recorded at the Santa Clara
County Clerk -Recorder's Office on December 1, 1981, as Document Number 7224823; and
WHEREAS, a Certificate of Lot Line Adjustment between properties at 112 Wilder Avenue
and 115 North Santa Cruz Avenue was recorded on September 24, 2008, as Document Number
19997560, which resulted in this public utility easement existing within both parcels; and
WHEREAS, PG&E relocated a portion of the street light electrical service within the area
of the abandonment of easement request from the property owners of 112 Wilder Avenue to
clear their building structure; and
WHEREAS, no utilities or public improvements now exist in public utility easement
particularly described herein in Exhibit "A" attached to this resolution and depicted on the plat
map attached as Exhibit "B" to this resolution, and the public convenience and necessity do not
require reservation of this portion of the easement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that
the summary vacation is made under the authority of California Streets and Highways Code
Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq.; and
BE IT FURTHER RESOLVED that public utility easement has been superseded by relocation
and there are no other public facilities located within this portion of easement described herein
on Exhibit "A" and depicted on the plat map attached as Exhibit "B"; and
BE IT FURTHER RESOLVED that Section 8333 of the Streets and Highways Code authorizes
the Town Council or any public officer or employee authorized by the legislative body to
summarily vacate public service utilities easements when the easement has been superseded by
relocation and there are no other public facilities located within the easement; and
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Resolution 2022-052 August 2, 2022
BE IT FURTHER RESOLVED that based upon the findings of this resolution and the
provisions of Section 8333 of the Streets and Highways Code, the Town Council hereby order that
the public utility easement as shown on the attached map shall be and hereby summarily
vacated; and
BE IT FURTHER RESOLVED that from and after the date this Resolution is recorded, the
public utility easement vacated no longer constitutes a public easement; and
BE IT FURTHER RESOLVED that The Town Clerk is hereby authorized to record at the Santa
Clara County Clerk -Recorder's Office a certified copy of this Resolution including the Exhibits; and
BE IT FURTHER RESOLVED that the Council finds that the summary vacation of the public
service easement is exempt from review under the California Environmental Act pursuant to Title
14 California Code of Regulations section 15305 as a minor alteration in land use limitations.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd of
August 2022, by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Hudes, Maria Ristow, Marico Sayoc, Mayor Rob Rennie
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
TOWN CORK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
°1/62 [SO.
DATE:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA g
DATE: ` ! / / k
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Resolution 2022-052
August 2, 2022
EXHIBIT "A"
LEGAL DESCRIPTION FOR ABANDONMENT OF
PUBLIC UTILITY EASEMENT (DOC. NO. 7224823)
OVER LOTS 16 & 17, "C" MAPS 3
112 WILDER AVENUE, LOS GATOS, CA
All that real property situate in the Town of Los Gatos, County of Santa Clara, State of California,
being a portion of a 7 foot wide Public Utility Easement, as described in that certain Grant of
Easement recorded on December 1, 1981 as Document Number 7224823, in the Office of the
Recorder of Santa Clara County, and being a portion of Parcels A and B, as described in that
certain Certificate of Lot Line Adjustment recorded on September 24, 2008 as Document Number
19997560, in the Office of the Recorder of Santa Clara County and being more particularly
described as follows:
BEGINNING at the most westerly comer of said Parcel B, said point being on the southeasterly
right-of-way line of Wilder Avenue, at the common corner of Lots 15 and 16, in Block 2, all as
shown on that certain map entitled "MAP OF ALMOND GROVE ADDITION TO THE TOWN
OF LOS GATOS", filed for record on September 5, 1887 in Book "C" of Maps at Page 3, in the
Office of the Recorder of Santa Clara County; thence along said right-of-way line North 20° 10'00"
East, a distance of 28.50 to the beginning of the centerline of said Public Utility Easement; thence
along the centerline of said easement the following four (4) courses: 1) South 61°19'20" East, a
distance of 9.50 feet; 2) North 20°10'00" East, a distance of 31.90 feet; 3) South 61°19'20" East,
a distance of 72.10 feet; 4) South 17°20'00" East, a distance of 5.04 feet to the TRUE POINT OF
BEGINNING; thence leaving said centerline South 61°19'20" East, a distance of 5.04 feet to the
easterly line of said easement; thence along said easement line South 17°20'00" East, a distance
of 80.82 feet to the southwesterly line of said Parcel B and said common line between Lots 15 and
16 of Block 2; thence along said lines North 61 °22'00" West, a distance of 10.07 feet to the
westerly line of said easement; thence along said easement line North 17°20'00" West, a distance
of 80.83 feet to an angle point in said easement line; thence leaving said easement line South
61°19'20" East, a distance of 5.04 feet to the TRUE POINT OF BEGINNING and containing an
area of 566 square feet, more or less.
As shown on the plat, EXHIBIT "B", attached hereto and by this reference made a part hereof.
This description was prepared by me or �.� ;�Id1� ,� envision.
Troy J. Eric l on, PLS 7735
License expires: 12/31/23
PAGE 1 OF 1
s/(-(7) D_
Dated
WILDER AVENUE
N 20'10'00'E
28.50' —.
16' WIDE ALLEY
"C" MAPS 3
P.O.B.
)v
S61'19'20'E
to t 9.50' N20'10'00"E�
Q. Q 31.90'
PARCEL B (TYPICAL)
DOC. NO.
19997560
S61'19'20"E
72.10'
T.P.O.B.
PORTION OF P.U.E.
DOC. NO. 7224823
TO BE ABANDONED
(566 SQ. FT.±)
APN:
510-17-066
PARCEL A
DOC. NO.
19997560
PORTION OF P.U.E.
DOC. NO. 7224823
TO REMAIN
3.5'(TYPICAL)
LINE TABLE
LINE
BEARING
DISTANCE
L1
S17'20'00"E
5.04'
L2
S61'19'20"E
5.04'
L3
N61'22'00"W
10.07'
L4
S61'19'20'E
5.04'
LEGEND
APN ASSESSOR'S PARCEL NUMBER
DOC. NO. DOCUMENT NUMBER
P.O.B.
P.U.E.
SQ. FT.
T.P.O.B.
POINT OF BEGINNING
PUBLIC UTILITY EASEMENT
SQUARE FEET
TRUE POINT OF BEGINNING
PORTION OF EASEMENT TO
TO BE ABANDONED
LOT LINE
CENTERLINE
DATE:
4/28/22
SCALE: 1"=30'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
ABANDONMENT OF A PORTION OF A PUBLIC UTILITY EASEMENT
112 WILDER AVENUE, LOS GATOS
DRAWN BY: TJE
SURVEYED BY: TJE
JOB NO.: 18-240
PAGE: 1 OF 1
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EXHIBIT
59 B 99