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1986-043-Order Vacating An Excess Portion Of A Public Right-Of-Way Property Located At 16650 Lark Avenue And Garden Hill DriveRECORDING REQUESTED BY: Town of Los Gatos WHEN RECORDED MAIL TO: Town Clerk Town of Los Gatos P.O. Box 949 Los Gatos, California NO FEE - GOV. CODE 6103 95031 RESOLUTION NO. 1986 -43 ORDER VACATING AN EXCESS PORTION OF A PUBLIC RIGHT -OF -WAY ACROSS PROPERTY LOCATED AT 16650 LARK AVENUE (APN 424 -23 -071) AND GARDEN HILL DRIVE 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 purposes in the Town of Los Gatos, County of Santa Clara, consisting of a strip of land approximately 125 feet in length and five feet in width containing 610 square feet located along the easterly side of Garden Hill Drive, more particularly described on Exhibit "A" entitled, "Description of Excess Portion of a Public Right -of -Way To be Abandoned at Garden Hill Drive by the Town of Los Gatos ", attached hereto, and shown on Exhibit "B" entitled, "Plat to Accompany Description of Right -of -Way Abandonment (16650 Lark Avenue) "; and WHEREAS, the public convenience and necessity require the reservation of public utility easements on and over and beneath all of that portion of Garden Hill Drive referred to in this resolution, for construction, maintenance, operation, replacement, removal and renewal of sanitary sewers and storm drains and appurtenant structures in, upon, over and across Garden Hill Drive and pursuant to any existing franchises or renewals thereof, or otherwise, for construction, maintenance, operation, replacement, removal, renewal and enlargements of pipe lines, conduit, cables, wires, hose and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation and distribution of electric energy, petroleum and its products, water and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards, and the proceedings have been taken subject to the reservations of such easements; 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 portion of public right -of -way described above is unnecessary for present or prospective roadway purposes, and hereby makes its order vacating the public right -of -way dedication along Garden Hill Drive (16650 Lark Avenue), reserving from such vacation all easements described above. 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 7th day of April , 1986 by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito and Vice -Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Terrence J. Daily SIGNED: ATTEST: 4`L. -"i` Y✓dr!3.X`}. -'" C.r? 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CLERK OF THE TOWN OF LOS GATO' r EXHIBIT "A" DESCRIPTION OF EXCESS PORTION OF PUBLIC RIGHT -OF -WAY TO BE ABANDONED AT GARDEN HILL DRIVE AT LARK AVENUE BY THE TOWN OF LOS GATOS All that property situate in the Town of Los Gatos, County of Santa Clara, State of California, being more particularly described as follows: BEGINNING at the center line of Lark Avenue with Arroyo Grande Way as shown on that certain Record of Survey recorded in Book 162 of Maps, at Pages 49 and 50, Santa Clara County Records, and running South 85' 34' East 691.12 feet (record distance - 691.01 feet measured distance) thence; South 31' 26' West 80.00 feet along the dividing line between Lots 15 and 16 as shown on the subdivision of part of the Walker Tract, recorded in Book "F" of Maps at Page 40; thence South 58' 34' East 65.00 feet to the TRUE POINT OF BEGINNING: thence South 31' 26' West and parallel with the dividing line between said Lots 15 and 16, 102.01 feet; thence North 40' 18' 58" East 32.38 feet; thence North 31' 26' East and parallel with the dividing line'between said Lots 15 and 16, 77.29 feet; thence South 86' 02' 04" East 27.60 feet; thence North 58' 34' West 9.49 feet and parallel with center line of Lark Avenue to the beginning of a tangent curve concave Northwesterly and a radius of 20.00 feet; thence Northwesterly along last mentioned curve through a central angle of 90' 00' 00" an arc distance of 28.28 feet to the true point of beginning. 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