2023-025 - Summarily Vacating 0.038 Acres of a 0.055 Acre Public Utility Easement at 15714 Kavin LaneRESOLUTION 2023-025
RESOLUTION OF THE TOWN OF LOS GATOS SUMMARILY VACATING 0.038 ACRES OF A
0.055 ACRE PUBLIC UTILITY EASEMENT AT 15714 KAVIN LANE
WHEREAS, 15714 Kavin Lane was part of Tract No 1740 known as the Hillview Court
subdivision which was recorded by Santa Clara County in File No. 1232432 on July 17, 1956.
WHEREAS, the property includes a 0.055-acre public utility easement that was dedicated
to allow utilities under, on, or over the easement area.
WHEREAS, known utilities, with the exception of PG&E have indicated in writing that the
public utility easement is no longer needed.
WHEREAS, PG&E indicated in writing that a ten -foot wide easement (0.017 acres) is
required.
WHEREAS, Streets and Highways Code Section 8333(c) permits the legislative body of a
local agency to summarily vacate a public service easement when the easement has been
determined to be excess by the easement holder; and
WHEREAS, it is the intention of the Town Council to summarily vacate, under the
provisions of Sections 8333(c) of the Streets and Highways Code of the State of California, a
portion of the public utility easement situated along the easterly property line of 15714 Kavin
Lane, approximately 1,597 sq. ft.; and
WHEREAS, the existing public utility easement will be retained at approximately 10 feet
wide and more particularly described in Exhibit "A" "Legal Description" and depicted on the plat
map Exhibit "B" "Power Line Easement", copies of which are attached hereto. Said exhibits show
the particulars as to the retained easement and are available for public inspection.
WHEREAS, the proposed summary vacation qualifies as categorically exempt from CEQA
review under section 15301, Minor Alterations to Existing Facilities; and
WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan
and is in the interest of the general public,
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Resolution 2023-025 May 2, 2023
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED:
1. Pursuant to Section 8333(c) of the Streets and Highways Code, the excessive easement as
described in Exhibit A and depicted on 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.
2. The Town Clerk is directed to record a certified copy of this resolution with the County
Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2th day of
May 2023, by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Eludes, Rob Moore, Rob Rennie, Mayor Maria Ristow
NAYS: None
ABSENT: None
ABSTAIN: None
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
Resolution 2023-025
•
SIGNED:
V2.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: S "- 3-73
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May 2, 2023
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT WITHIN LOT 3 OF TRACT NO 1740,
MAP RECORDED IN BOOK 71, PAGE 10 OF MAP, SANTA CLARA COUNTY RECORDS
15714 KAVIN LANE, LOS GATOS
ALL OF THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THAT LAND SHOWN AS
LOT 3 OF TRACT NO. 1740, AS RECORDED ON JULY 17, 1956, IN BOOK 71, PAGE 10 OF MAPS,
IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEING A 10.0' WIDE EASEMENT LYING 5.0' ON EACH SIDE OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE, NORTH 77°35'00"
WEST, A DISTANCE OF 19.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
02°14'14" EAST, A DISTANCE OF 73.65 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID LOT 3.
THE ABOVE -DESCRIBED LAND CONTAINS APPDXIMATELY 737 SQUARE FEET.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
LEGAL DESCRIPTION PREPARED BY:
DATE: 4/21/2021
KACIE A. PLOUFF LS 9013
PAGE 1 OF 2
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DATE: 04/21/2021