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2014-014 - Vacate Public Right-of-Way Easement on Albright Way and Albright CtRESOLUTION 2014 -014 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY AND ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT AND PUBLIC SERVICE EASEMENT WHEREAS, Streets and Highways Code Section 8300 et seq. permits the Town of Los Gatos to vacate excess public right -of -way if that right -of -way is unnecessary for present or prospective public use; and WHEREAS, research of the title report and recorded maps shows that the Town of Los Gatos does not have fee ownership of land underlying the street Right -of -Way. WHEREAS, the offer of public right -of -way described in Exhibit A hereto and depicted in the map contained in Exhibit B has been used for any public right -of -way purpose, that purpose no longer exists; and WHEREAS, Town Ordinance 2216 requires the Town Council to vacate Albright Way and Albright Court; and WHEREAS, the proposed vacation does not constitute a project under the California Environmental Quality Act, and the record before the Council demonstrates that there are no significant Environmental effects from the proposed vacation; and WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan and is in the interest of the general public, NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California that the Town Council hereby finds that pursuant to Section 8300 et seq. of the Streets and Highways Code, the public right -of -way easement on Albright Way and Albright Court as described in Exhibit A and depicted in Exhibit B is vacated upon the recording of a certified copy of this resolution by the Clerk Administrator with the County Recorder of Santa Clara County. BE IT FURTHER RESOLVED that Pursuant to Section 8340(c) of the California Streets and Highway Code, a Public Service Easement (PSE) is to be retained and reserved over the vacated right -of -way and access will be made available to all utility companies at their request. BE IT FURTHER RESOLVED that Pursuant to Section 8340(c) of the California Streets and Highway Code, a Public Utility Easement (PUE) is to be retained over the vacated right -of -way and access will be made available to all utility companies at their request. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 17`h day of March, 2014 by the following vote: COUNCIL MEMBERS: AYES:Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steve Leonardis NAYS: ABSENT: ABSTAIN: ATTEST: LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATT OS, CALIFORNIA ros Bulk I to BKF PH6MEERS SURVEYNRS- PLANNM EXHIBIT `°A -I" Legal Description ALBRIGHT WAY Public Right of Way Easement Vacation March 6, 2014 BK% No. 201 16053 Page I of 3 All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California and described as follows: Being Albright Way as shovvn on that certain map of Tract No. 5807, filed for record on September 14, 1976 in Book 379 of Maps at Pages 29 and 30, Records of Santa Clara County; as shown on that certain Parcel Map, filed for record on October 12, 1977 in Book 405 of Maps at Page 38, Records of said County; as shown on that certain Parcel Map, filed for record on November 13, 1978 in Book 430 of Maps at Page 15, Records of said County; and as shown on that certain Parcel Map, filed for record on December 29, 1982 in Book S07 of Maps at Page 47, Records of said County, more particularly described as follows: BEGINNING at the southeasterly corner of said Albright Way, being 54.00 feet in width, as shoum on said Parcel Map (430 M 15): Thence leaving said corner and along the southerly line of said Way, North 84 146'00" West, 54.00 feet to the westerly Line of said Way; Thence along said westerly line, North 05 °20'00" East, 211.93 feet to the beginning of a tangent curve to the Left, having a Radius of 20.00 feet; Thence northwesterly along said curve, through a central Angle of 90 °00'00 ", for an arc Length of 31.42 feet to the southerly line of said Albright Way, as shown on said Parcel Map (430 M 15); Thence North 84 °40'00" West, 25.00 feet to the beginning of a tangent curve to the right, having a Radius of 1 17.00 feet: Thence northwesterly along said curve, through a central Angle of 4745'00 ", for an are Length of 97.51 feet: 'llience North 36 °55'00" West, 25.I8 feet to the beginning of a tangent curve to the left, having a Radius of 63.00 feet; Thence northwesterly along said curve, through a central Angle of 26 040'00 ", for an arc Length of 29.32 feet: Thence North 63'35'00" West, 96.71 feet to the southeasterly comer of Albright Way, being 54.00 feet in width, as shown on said map of Tract No. 5807 (379 M 29 -30), said corner being also the beginning of a tangent curve to the left, having a Radius of 20,00 feet; Thence southwesterly along said curve, through a central Angle of 90 °00'00 ", for an are Length of 31.42 feet to the southeasterly tine of said Way; ALBRIGHT WAY Page 2 of 3 Thence along said southeasterly line. South 26 025'00" West, 373.95 feet to the beginning of a tangent curve to the left, having a Radius of 20.00 feet; Thence southeasterly along said curve, through a central Angle of 112 °1 P45 ", for an are Length of 39.16 feet to the northwesterly corner of Albright Way, being 54.00 feet in width, as shown on said Parcel Map (405 M 38); Thence along The northerly line of said Way, South 85 °4645" East, 384.52 feet to the beginning of a tangent curve to the left, having a Radius of 20.00 feet; Thence northeasterly along said curve, through a central Angle of 88'53'15", for an arc Length of 31.03 feet to a point on the westerly line of Albright Court, as shown on said Parcel Map (405 M 38); Thence along said westerly line, South 05 °20 "00" West, 94.02 feet to the beginning of a non - tangent curve, concave to the southwest, having a Radius of 20.00 feet, from which a radial line bears South 84 °40'00" East; Thence northwesterly along said curve, through a central Angle of 91'06'45", for an are Length of 31.80 feet to the southerly line of said Albright Way, as shown on said Parcel Map (405 M 38); Thence along said southerly line, North 85 °46'45" West, 382.70 feet to the southeasterly corner of Albright Way. being 54.00 feet in width, as shown on said reap of "!Tact No, 5807 (379 M 29 -30); 'thence along the southerly line of said Way, North 85 046'45" West, 28.27 feet to the beginning of a tangent curve to the left, having a Radius of 35.00 feet; Thence southwesterly along said curve, through a central Angle of 67'48'15", for an arc Length of 41.42 feet to the southeasterly line of said Way; Thence along said southeasterly line, South 26 °25'00" West, 190.31 feet to the southerly line of said Way, as shown on said map of'fract No. 5807 (379 M 29 -30); Thence North 85 °46'45" West, 104.32 feet the southwesterly line of said Way, being 70.00 feet in width, as shown on said map of Tract No. 5807 (379 M 29 -30); Thence along said southwesterly line, North 63 °35'00" West, 154.41 Peet to the southeasterly comer of said Albright Way, being 70.00 feet in width, as shown on said Parcel Map (507 M 47); Thence along the southwesterly line of said Way, as shown on said Parcel Map (507 114 47), Noah 63 °35'00" West, 2I.00 feet to the beginning of a tangent curve to the left, having a Radius of 20.00 feet; Thence southwesterly along said curve, through a central Angle of 90 °00'00 ", for an arc Length of 31.42 feet to the southeasterly line of Winchester Boulevard, as shown on said Parcel Map (507 M 47); Thence along said southeasterly line, North 26 °25'00" Bast, 110.00 feet to the beginning of a non - tangent curve, concave to the northeast, having a Radius of 20.00 feet, from which a radial line bears North 63 °35'00" West; ALBRIGHT WAY Page 3 of 3 1hence leaving said southeasterly line of Winchester Boulevard, southeasterly along said curve, through u central Angle of90»0O'0V`^, for uo are Length of3l.42 feet b) the northeasterly line of said Albright Way, uo shown oa said Parcel Map (5O7M47); Thence along said northeasterly line, South 63«35`O0,' East, 2i.00 feet to the northwesterly corner o[ Albright Way, being ?0.0V feet iu width, as shown ^o said map of Tract No. 58O7(379M29^l0); Thence along the northeasterly line o( said Way, us shown oo said map of Tract 58D7(3790& 29-30), South 6]�35`n0" East, l37.A0 feet /o the beginning »tu tangent curve 1v the left, having u Radius of6Aj8feet: Thence northeasterly along said curve, through n central Angle nIy0»0V`V0`^/ for uu are Length of9425feet h, the northwesterly line n[ said Albright Way, nn shown wu said map oITnaot No. j807(]79M29`]0); Thence along said northwesterly line, North 26«25'8O" East, 5S528feet to the beginning ofu tangent curve to the right, having u Radius "[74.0Ofeet; Thence northeasterly along said curve, through u central Angle of90«V0'00", for uu are Length ofl1624 feet 10 the northwesterly comer of Albright Way, us shown ousaid Parcel Map (430&Xl5); Thence along the northerly line of said Way, as shown on said Parcel Map (430 M 15), South 6395'00" East, 96.7< feet io the beginning *[u tangent curve k` the right, having o Radius ofii7�0Vfeet; Thence southeasterly along said curve, through u central Angle of 26"40`00^`, for uo are Length of54.45feet; Thence South 36«55`O0" East, 2j38 feet to the beginning ofn tangent curve \u the left, having u Radius o[ 43.00����� , Ihcuoe southeasterly along said curve, through a central Aulde of 47'45'00", for an are Length of 52.50 feet: Thence South 84^40`0Q" East, Z5.00 feet to the beginning V[u tangent curve {vthe right, having u Radius of 74,00 feet; , Cbonue southeasterly along said curve, through a central Angle of 90'00'00", for an arc Length of 116.24 feet to the easterly line *[ said Albright Way, us shown mn said Parcel Map (4}00Xl5); Thence along said easterly line, South 05"20`AO" West, 2\l.93 feet tn the point oI BEGINNING ufthis description and containing un area of].582 acres, more *rless. ;&^ shown omEXHIBIT "m^ attached hereto and made upart hereof. For: BKFEngineers L LAND By: John Korovan JOHN PJ-S. No. G883 FrKOROYAN l}a\od: rr*�� eey. EXHIBIT "A -2" Legal Description ALBRIGHT COURT Public Right of Way Easement Vacation March 6, 2014 BKF No. 20116053 Page I of 1 All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California and described as follows: Tieing Albright Court as shown on that certain Parcel Map, filed for record on October 12, 1977 in Book 405 of Maps at Page 38, Records of Santa Clara County, more particularly described as follows BEGIN:tiING at the northeasterly corner of said Albright Court, being 54.00 feet in width, as shown on said Parcel Map (405 M 38); Thence leaving said corner and along the easterly line of said Court, South 05 °20'00° West, 196.16 feet to the beginning of a tangent carve to the left, having a Radius of 15:00 feet; Thence southeasterly along said curve, through a central Angle of 58'10'43 ", for an arc Length of I5.23 feet to the beginning of a reverse curve, concave to the north, having a Radius of 40.00 feet; hhence southeasterly along said curve, through a central Angle of 238 °10'43 ", for an are Length of 166.28 feet to the westerly line of said Court, as shown on said Parcel Map; Thence along said westerly line, North 05 °20'00" East, 242.89 feet to the northwesterly corner of said Albright Court; Thence along the northerly line of said Court, South 84'40'00" East, 54.00 feet to the point of BEGINNING of this description and containing an area of 0.375 acres, more or less As shown on EXIIIBIT "B" attached hereto and made a part hereof. For: BKF Engineers rAND By% (f — (CKOROYAN John Koroyan P.L.S. No. 8883 Dated: PARCEL C 460 M 47 PARCEL A 507 M 47 PARCEL S 450 M 47 - LAMM OP' UNION PACIFIC PARCEL 3A 405 M 30 ARCEL 3A 405 M 36 ALBRIGHT WAY PUBLIC RIGHT OF WAY EASEMENT VACATION 1_! ALBRIGHT COURT PUBLIC RIGHT OF WAY EASEMENT VACATION PARCEL R1 405 M 38 1650 TECHNOLOGY DRIVE SUN E 650 SAN JOSE, CA 95110 408-467 -9100 408 -467 -9199 (FAX) PARCEL 2A 393 M 55 PARCEL 51 416 M 33 LOT I TRACT NO, 5" 379 M 29 6 30 PARCEL 71 430 M 15 / `-POINT OF BEGINNING FOR ALBRIGHT WAY & PARCEL T2 ALBRIGHT COURT 430 M 15 LEGAL DESCRIPTIONS (EXHIBITS A -1 & A -2) 4 �to J 3 U � O Z LU F N ~ 0 100 200 400 (SCALE IN FEET) OEM PLAT TO ACCOMPANY LEGAL. DESCRIPPa Subject ALBRIGHT WAY & ALBRIGHT COURT PUBLIC RIGHT OF WAY EASEMENT VACATION Job No. 20116053 By JG Date 03 -06 -14 Chkd, JVK SHEET 1 OF 1 mm Ma ENGINEERING DIVISION PHONE (408) 399-5771 FAX (408) 399-5763 SCRVICF CENTER 41 MILES AVENUE Los GATOS, CA 95031 TOWN SURVEYOR'S STATEMENT For ALBRIGHT WAY AND ALBRIGHT COURT PUBLIC RIGHT-OF-WAY EASEMENT VACATION I hereby state that I have examined the plat and legal description for the Albright Way and Albright Court public right-of-way easement vacation attached as Exhibits "A-1', "A-2" and Exhibit B, respectively, and I am satisfied that said plat and legal descriptions are technically correct in accordance with Section 66442 of the Government Code (Subdivision Map Act)- 1 81 DA:' MIC EYEf'--' J Date R.C'E, No: C-00060 E Reg r_xp, 12/31/2015 surveys -7114 GaWST73016 Mappng RevieM073,11$ 69_AViqlN Abandlcnment%'LG Map review h1cotpor"ved AnglAf