2002-184-Vacating Public Right Of Way And Reserving A Public Service Easement On Augustine Avenue Pursuant To Division 9 Part 3 Chapter 4 Of The California State Streets And Highways Codeca~~ ~~~ o~ . ~~-~
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95030
RECORD ~Jt~TpHOI7T FEE UPd;>El
GOVERNMENT CODE SECTION 6103
RESOLUTION 2002 -184
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RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING PUBLIC RIGHT-OF-WAY AND
RESERVING A PUBLIC .SERVICE EASEMENT ON
AJGUSTINE AVENUE
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA S'~ATE STREETS AND HIGHWAYS CODE
(~LJIVIMARY VACATION)
RESOLVED, by the Town Council of the Town of 'Los Gatos California, that:
WHEREAS, Streets and Highways Code, Division 9, Part 3, Chapter 4, permits the Town
of L,os Gatos to vacate excess public right-of-way if that right-of-way has not 'been used for the
purpose for which it was dedicated; and
WHEREAS, the offer of publicrght-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, 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, IT IS HEREBY ORDERED:
1. Pursuant to Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the offer of
public right-of-way easement described in Exhibit A and depicted on 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.
2. A Public Service Easement (PSE) is hereby reserved over the area being vacated for the
purpose of installing, maintaining, improving, replacing and removing utility facilities,
including water and sanitary sewer facilities, located in .the PSE. Said PSE also includes
pedestrian and vehicular access by utility companies., water and sanitation districts and the
Town of Los Gatos, including their employees, agents and contractors, as they may deem
necessary for the purpose of installing, maintaining, improving; replacing or removing utility
facilities.
3. The Town Clerk is directed to record a certified copy of this resolution with the County
Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd day
of December 2002, by the following vote:
COUNCIL MEMBERS:
AYES: :Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSET~ti`: -None
ABSTAIN.: None
r SIGNED: ~~~;~~-'~. -~12L~-~
MAYOR F THE TOWN OF LOS GATOS
LOS GA OS, CALIFORNIA
ATTEST:
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2~.1 ~S
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CLERK OF THE TOWN O~; L~`) GATOS
LOS GATOS, CALIFORNIA
DESCRIPTION OF A 0.128 ACRE +/- PARCEL
PROPOSED TO BE VACATED
That .real property being a portion of Augustine. Avenue as shown on that certain map en-
titled "Map of the 'Siekmann Subdivision, Situated in the :Rancho Rinconada de Los
Gatos", .filed in the office of the County Recorder of .Santa Clara County, State of Cali-
fornia, on :February 9, 1928 in Book W of Maps at Pages. 33, being more particularly de-
scribed as follows:.
BEGINNING at the .Easterly-most Corner of Lot 10 and also 'being the intersection of
Farley Road and Augustine Avenue, as shown on that certain Map entitled, '`:Map of the
Siekmann Si.ibdivision, Situated in he Rancho Rinconada de Los Gatos", said point also
being the POINT OF BEGINNING, thence through course South 57°15'00" East a dis-
Lance of 24.59 .feet; thence through course South 32°45'00" West a distance of 20.00 feet
to the TRUF, POINT OF BEGINNING; thence counterclockwise around the perimeter of
said proposed vacation the following courses and distances: leaving said point through a
course :North .57°15'00" West a distance of 40.86 feet; thence through course South
21°00'.00" West a distance of .140.17 feet; thence through course South 57°15'00" East a
distance of 40.86 feet; thence through course North 21°00'00" East a distance of 140.17
feet to the TRUE POINT OF BEGINNING.
Containing 0.128 acres more or less.
November 20, 2002
Page 1 of 2
Exhibit A
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