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1985-130-Order Vacating A Sanitary Sewer Easement Across Property Located At 145 Happy Acres RoadRECORDING REQUESTED BY: Town of Los Gatos WHEN RECORDED MAIL TO: Town Clerk Town of Los Gatos P.O. Box 949 Los Gatos, California 95031 NO FEE - GOV. CODE 6103 RESOLUTION NO. 1985 -130 ORDER VACATING A SANITARY SEWER EASEMENT ACROSS PROPERTY LOCATED AT 145 HAPPY ACRES ROAD (APN: 537 -23 -058) WHEREAS, the Town Council of the Town of Los Gatos has proceeded under the provisions of Division 9, Part 3 (Section 8300 through 8363) of the Streets and Highways Code, concerning vacation of a parcel of land dedicated for public street purnoses in the Town of Los Gatos, County of Santa Clara, consisting of a strip of land apnroximately 2,676.60 square feet located across the property located at 145 Happy Acres Road (APN: 537 -23 -058), more particularly described on Exhibit "A" entitled, "Description of a Sanitary Sewer Easement To be Abandoned at 145 Happy Acres Road (APN: 537 -23 -058) by the Town of Los Gatos ", attached hereto, and shown on Exhibit "B" entitled, "Plat to Accompany Description of Sanitary Sewer Easement Abandonment. "; 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. RESOLVED, the Town Council of the Town of Los Gatos finds from all of the evidence submitted that all of that sanitary sewer easement across the property described above is unnecessary for present or prospective sanitary sewer and hereby makes its order vacating the sanitary sewer easement across the property located at 145 Happy Acres Road (APN: 537 -23 -059). 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 J regular meeting Of the T0WM Council of the Town of LOS Gatos held on 14th day Of August , 1985 by the following vote: AYES: COUNCIL MEMBER\ Terrence J Daily, Thomas J Ferrito, Brent N. Ventura, and Mayor Joanne Benjamin, NOES ABSTAIN: ABSENT: ATTEST: COUNCIL MEMBERS None COUNCIL MEMBERS None COUNCIL MEMBERS Eric SIGNED D. Carlson -2- RECORDING REQUESTED BY: Town of Los Gatos WHEN RECORDED MAIL TO: Town Clerk Town of Los Gatos P.O. Box 949 Los Gatos, California 95030 NO FEE - GOV. SEC. 6103 SANITARY SEWER EASEMENT Ronald S. Fink and Linda G. Fink, as Grantors, hereby grant to the TOWN OF LOS GATOS, a municipal corporation, Santa Clara County, State of California, as Grantee, the following easement in the County of Santa Clara, State of California, to wit: Being a portion of that certain parcel of land situated in the Town of Los Gatos, County of Santa Clara, State of California more particularly described as follows: A strip of land 10.00 feet in width, being a portion of Parcel 2A as said parcel is shown upon that certain map of Tract No. 6118 recorded May 25, 1978 in Book 419 of Maps, pages 11 and 12, Santa Clara County Records, the center line of said strip of land being more particularly described as follows: BEGINNING at the Northeasterly corner of said Lot 2A; thence along the Northerly line of said lot North 72" 10' 53" West 117.00 feet to the TRUE POINT OF BEGINNING of this description; thence from said true point of beginning, South 24' 35' 00' West 257.00 feet more or less to the Southerly line of said Lot 2A, said point being the terminus of this easement. TO HAVE AND TO HOLD said easement for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining, and operating sanitary sewers and appurtenances for said TOWN, together with the right of ingress and egress, therefor. Neither Grantor nor his successors in interest shall erect nor construct any building or other structure, nor drill or operate any sort of well, within the limits of the above described easement. GRANTORS HEREBY FURTHER GRANT TO GRANTEE the right to the use of such land on each side of the hereinabove described easement as may be reasonably necessary for the deposit of earth and construction materials and the use and operation of equipment during the construction, maintenance, repair, or replacement of said sanitary sewers and appurtenances. /' IN WITNESS WHEREOF, the Grantors have hereunto� set their bands/ % and signatures thi s '' day of 19-" KPIARiLYN A. HAHS RONALD S. N NMAt< NIUC'_ L; MM CLAFAGOUNTY My Up, luau W, 1998 �� (ACKNOWLEDGEMENT REQUIRED) 4 N �0 d 2 @73Ce de4 A) b ►n "`� —off Lo td Mr.�o�y Sewer 3 /A Easemw.h dea%MVO#" 'oN N o O .v N X M / b • L «E R yQP� Zo >39. L oe i0. Map Sca /e �C5 by V v ►i Exhibif 4 N No sent- • AccolnPany r > , 145 Ho-pp Aeres Road • 537-23-0581 Certificate Accepting Sanitary Sewer Easement - 145 Nappy Acres Road This is to certify that the interest in real property conveyed by that Sanitary Sewer Easement dated July 3, 1985, which is attached hereto, from Ronald S. Fink and Linda G. Fink, to the Town of Los Gatos, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the Town Council of the Town of Los Gatos pursuant to authority conferred by Section 2 -7, Subsection (b) of the Town Code of the Town of Los Gatos, adopted by the Town Council on February 20, 1973, and the grantee consents to recordation thereof by its duly authorized officer. < r Attest: Le RoSe--Ajdaq, Town Clerk I'll By: 4Ronad Vwn gineer Dated: �r' -i�l