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1985-059-Order Vacating Excess Portion Of A Public Thoroughfare For Public Road Purposes (At The North End Of Lyndon Avenue Near Bean Avenue)RECORDING REQUESTED BY: Town of Los Gatos WHEN RECORDED MAIL TO: Town Clerk Town of [.as Gatos P.O. Box 949 Los Gatos, California 95031 NO FEE - GOV. CODE 6103 RESOLUTION NO. 1985 -59 ORDER VACATING EXCESS PORTION OF A PUBLIC THOROUGHFARE FOR PUBLIC ROAD PURPOSES (AT THE NORTH END OF LYNDON AVENUE NEAR BEAN AVENUE) WHEREAS, the Town Council of the Town of Los Gatos has proceeded under the provisions of Division 9, Part 3 (Section 8300 through 8330) of the Streets and Highways Code, concerning vacation of a parcel of land dedicated for public street purposes in the Town of Los Gatos, County of Santa Clara, consisting, of a strip of land approximately 400 feet long which contains approximately 18,318 square feet located at the northerly end of Lyndon Avenue near Bean Avenue, and more particularly described on Exhibit "A" entitled, "Description of Excess Portion of a Public Thoroughfare To be Abandoned by the Town of Los Gatos ", attached hereto, and shown on Exhibit "B" entitled, "Plat to Accompany Description of Public Thoroughfare Abandonment "; and WHEREAS, the public convenience and necessity require the reservation of easements and rights -of -way; and WHEREAS, pursuant to the provisions of the Streets and Highways Code, a Resolution of Intention was passed, a noticed hearing held, and good cause appearing therefor. WHEREAS, the Town Council of the Town of Los Gatos makes the following findings: 1. The project, consisting of vacating a certain portion of the public thoroughfare as set forth above, will not have a significant impact on the environment and a Negative Declaration is made. 2. The traffic enaineerina studies indicate a cul -de -sac is the alternative which would handle any traffic generated from the closure of the street with the least impact to the area. 3. Victory Lane would allow circulation of traffic in a north -south direction between Main Street and Bean Avenue. 4. The closure of access to Bean Avenue from Lyndon Avenue does not substantially impair residents' right of access to the general system of streets each serves. Lyndon Avenue is only one block long, and the connecting streets (Main Street and Bean Avenue) each service the same downtown network of streets. 5. The closure of Lyndon Avenue is consistent with the Town policy stated in the General Plan, Section 4.5, 1. b. which is to "inhibit the flow of through traffic in established neighborhoods to the extent feasible without impacting the freedom of movement of residents ". 6. If Lyndon Avenue is not closed to through traffic, a substantial and increasing volume of traffic may be expected to use Lyndon Avenue solely as a "shortcut" through the downtown area. Such volume of traffic is contrary to Section 4.6, 1. a. (5) of the General Plan which provides that local streets "shall not, by design, encourage through traffic ". 7. The project is consistent with the goals stated in Section 4.4, 2. of the General Plan, in that it will "provide safe and efficient moverent within the Town... while minimizing unnecessary traffic movement and noise through residential neighborhoods ". 8. The project is consistent with the goal stated in the Community Design Element of the General Plan, Section 13.3 which is "to insure high quality community design for new construction and renovation, and conservation of historically and architecturally important structures or streetscapes ". 9. The project is in keeping with Section 13.4(3) and (4) of the General Plan which states two Town policies: promoting and protecting the identity of residential neighborhoods and promoting and protecting the identity of commercial areas. The project will separate the commercial from the residential zones, thereby protecting the identity of each area. 10. The project is within the scope of the Downtown Specific Plan which provides at Section V, Policy 1. that it is the policy of the Town to develop and implement appropriate traffic controls "to protect downtown residential neighborhoods from the impacts of through traffic in terms of safety, speeding, noise and other disturbances ". 11. The closure of Lyndon Avenue is designed to eliminate the crossing at mid- street Lyndon Avenue which is a threat to the health, safety and welfare of neighborhood residents and school children. -2- 12. The portion of Lyndon Avenue proposed for abandonment was originally owned by the applicant but was donated to the Town in 1954. In exchange for granting this same property back to the applicant, the applicant has agreed to dedicate certain rights -of -way, make specific street improvements on neighboring streets and provide for landscape maintenance and screening landscaping for the benefit of the Town. RESOLVED, the Town Council of the Town of Los Gatos finds from all of the evidence submitted that all of that excess portion of the Public Thoroughfare at the north end of Lyndon Avenue near Bean Avenue described above is unnecessary for present or prospective public street purposes, and hereby makes its order vacating the excess portion of the Public Thoroughfare Dedication at the north end of Lyndon Avenue near Bean Avenue. FURTHER RESOLVED, the Town Clerk shall cause a certified copy of this Order, attested by her under the seal of the Town, to be recorded in the Office of the County Recorder of the County of Santa Clara. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on 6th day of _May , 1985 by the following vote: AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Thomas J. N. Ferrito, Brent Ventura. and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: ATTEST: --7LER. OF THE -0 OS S -3- "EXHIBIT "A" DESCRIPTION OF EXCESS PORTION OF A PUBLIC THOROUGHFARE TO BE ABANDONED (LYNDON AVENUE NEAR BEAN AVENUE) BY THE TOWN OF LOS GATOS All that certain parcel of land in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: Beginning at a point of intersection of the Southerly line of Bean Avenue, and the Westerly line of Lyndon Avenue; thence along the Southerly Tine of Bean Avenue South 61° 29' 00" East, 50.06 feet to the Easterly line of Lyndon Avenue; thence along the Easterly line of Lyndon Avenue, along a nontangent curve concave to the East with a radial bearing of South 580 40' 57" East, having a radius of 1,875 feet; through a central angle of 100 53' 470, an arc length of 356.58 feet; thence continuing along said Easterly line South 20° 25' 16" West, 39.29 feet, to a point of cusp; thence from a radius point which bears South 69° 34' 44" East along a tangent curve concave to the Southwest, having a radius of 40 feet, through a central angle of 1040 28' 39`, an arc length of 72.94 feet to a point in the Westerly line of Lyndon Avenue; thence along said Westerly Tine North 20° 25' 16" East, 0.56 feet to a point of curvature; thence along a tangent curve concave to the East, having a radius of 1,925 feet, through a central angle of 10° 49' 25% an arc Tength of 363.65 feet to the point of beginning. Containing 0.42 acres, more or less. IN / V, . DETAIL, °A LOCATION MAP ® w\ •0 � 820e26'16'° W 39.29 Q 0`4e•26— R® i8A2.at.04 4' .4 00 5.18"E N2C*2 O.aa' R. s SEE DETAIL •A• \ L.72.9 a-10428,30" 8.¢40.00' L:72.94" TK8 .cc." n, PLAT TO ACCOMPANY DESCRIPTION GCw CRESC.7.AN & CONSULTING ENGINEERS X17 r� 12J2�/84 183109 �—SHEET V OF 1 I GRAWtNa » . .. 1 +C Y DETAIL, °A LOCATION MAP ® w\ •0 � 820e26'16'° W 39.29 Q 0`4e•26— R® i8A2.at.04 4' .4 00 5.18"E N2C*2 O.aa' R. s SEE DETAIL •A• \ L.72.9 a-10428,30" 8.¢40.00' L:72.94" TK8 .cc." n, PLAT TO ACCOMPANY DESCRIPTION GCw CRESC.7.AN & CONSULTING ENGINEERS X17 r� 12J2�/84 183109 �—SHEET V OF 1 I GRAWtNa » . .. 1