2016-007 - Summarily vacate a 10-foot wide Stom Drainage Easement at 17148 Mill Rise WyRESOLUTION 2016 -007
RESOLUTION OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A
10 -FOOT WIDE STORM DRAINAGE EASEMENT AT 17148 MILL RISE WAY
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Section 8333 of the Streets and Highways Code of the State of California
authorizes the Town Council to summarily vacate a public easement if the easement has been
superseded by relocation and there are no public facilities located within the easement; and
WHEREAS, the Town Council intends to summarily vacate a 10 foot -wide Storm
Drainage Easement (hereinafter the "Easement') at 17148 Mill Rise Way, constituting all that real
property situated in the Town of Los Gatos, County of Santa Clara, State of California, more
particularly described in Exhibit A and depicted in Exhibit B; and
WHEREAS, the proposed vacation is not a project as defined under the California
Environmental Quality Act (CEQA); and
WHEREAS, the proposed Easement vacation has been superseded by relocation and a
new Easement has been granted to the Town by the property owners and there are no public
facilities and utilities within the existing easement area.
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, IT IS HEREBY ORDERED:
1. Pursuant to Section 8333 of the Streets and Highways Code, the Storm Drainage Easement
as described in Exhibit A and depicted in 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.
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Resolution 2016 -007 March 1.2016
2. The Town Clerk is directed to record a certified copy of this Resolution, including Exhibits
A & B hereto, with the County Recorder of Santa Clara County.
3. The Easement to be vacated herein will no longer constitute a public easement from and
after the date of recordation of the documents identified in Section 2 of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the I' day
of March 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Rob Rennie, Marico Sayoc, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN: �—
MAY40R OF THE TOWN OF LOS GATOS
LOS GATOS7CLIFORNIA
DATE:
ATTEST:
CLERK ADMINIS RAATO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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Resolution 2016 -007 March 1, 2016
EXHIBIT A
LEGAL DESCRIPTION TO ACCOMPANY AN ABANDONMENT OF A PORTION
OF AN EXISTING STORM DRAINAGE EASEMENT IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
A STRIP OF LAND IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
BEING A PORTION OF THAT 10 FOOT WIDE STORM DRAINAGE EASEMENT PREVIOUSLY DEDICATED TO
THE COUNTY OF SANTA CLARA, LYING ACROSS A PORTION OF LOT 4 AS SHOWN ON THAT CERTAIN MAP
OF TRACT NO. 2923, FILED IN BOOK 150 OF MAPS, AT PAGES 6 TO 7, RECORDS OF SAID COUNTY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY
OF SAID LOT NORTH 88 °20'00" WEST 45.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID
EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY NORTH 88 020'00" WEST 10.02 FEET TO A POINT ON THE WESTERLY LINE OF SAID
EASEMENT: THENCE LEAVING SAID BOUNDARY ALONG SAID WESTERLY LINE NORTH 1 °31'24" WEST
199.24 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT; THENCE LEAVING SAID
WESTERLY LINE ALONG SAID NORTHERLY BOUNDARY SOUTH 84 °41'20" EAST 10.07 FEET TO A POINT ON
SAID EASTERLY LINE; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG SAID EASTERLY LINE SOUTH
1 °31'24" EAST 198.60 FEET TO THE TRUE POINT OF BEGINNING.
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE REQUIREMENTS OF THE CALIFORNIA LAND SURVEYOR'S ACT.
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EXHIBIT B
PLAT TO ACCOMPANY AN ABANDONMENT OF A PORTION OF
A STORM DRAINAGE EASEMENT IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
JANUARY, 2016
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PORTION OF 10 FOOT WIDE STORM
DRAINAGE EASEMENT PREVIOUSLY
DEDICATED TO THE COUNTY OF
SANTA CLARA PER 150 MAPS 6 -7
TO BE ABANDONED
/ POINT OF COMMENCEMENT
r
L1
TRUE POINT OF BEGINNING
LINE TABLE
LINE
LENGTH
BEARING
L1
10.02'
N88- 20'00 "W
L2
10.07'
S84'41'20 "E
Hanna • Brunetti
•Civil Engineers Land Surveyors-
-Construction Managers
Gilroy, California (408) 842 -2173
,! ROFESS��
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'\ NO 17186
OF CALIF
Arnold R. Brunetti, P.E.
—/ .6?— /'6
Date
Job No 15114
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
(SPACE ABOVE BAR FOR RECORDER'S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 6103 and 27383) - If applicable
RESOLUTION OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A 10-
FOOT WIDE STORM DRAINAGE EASEMENT AT 17148 MILL RISE WAY
SEPARATE PAGE, PURSUANT TO CA. GOVT CODE 27361.6