2004-122-Summary Vacation Of Twenty 20 Foot Pedestrian And Equestrian Trail Easement On 530 Santa Rosa Drive Apn 527-56-011 Pursuant To Division 9 Part 3 Chapter 4 The California State Streetsr~ t
r1I~ Ot~i~~~U..,~'X: 'I'hi~ dr~ctxy~enti bras
teat been ~nrng~ared with chi; Uri~inal.
St~NTA C:L.A~RA CUlll`1T`~ CL~E.iI~-~tE~G~~
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of .Los Gatos
P.O. Box 949
Los Gatos, CA 95030
RECORD WITHOUT FEE UNDER
GOVERNMENT CODE SECTION 6103
RESOLUTION 2004-122
Doc#: 18098334
11/15/2004 1123 AM
RESOLUTION OF THE. TOWN COUNCIL
OF THE TOWN OF LOS GATOS
FOR A SUMMARY VACATION OF A TWENTY (20) FOOT
"PEDESTRIAN AND EQUESTRIAN TRAIL" EASEMENT
ON 530.SANTA ROSH DRIVE{A'PN: 527-56-011)
.PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
(SUMMARY 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 Los Gatos to vacate excess Pedestrian and Equestrian Trail Easement that easement'has
not been used for the purpose for which it was dedicated; and
WHEREAS, the offer of Pedestrian and Equestrian Trail Easement described in Exhibit
A hereto and depicted in the map contained in Exhibit B has never been used for .any trail
easement purpose, although offered for dedication. more than twenty five years ago; .and
WHEREAS, the Town has determined that there are no public utilities or services in the
easement to be vacated; 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
Pedestrian and Equestrian 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. '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 18`h
day of October 2004, by the following vote:
COUNCIL, MEMBERS:
AYES: Sandy Decker, Diane McNutt,- Joe Przynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GA'TOS
LOS GATOS, CALIFORNIA
AcT~T~ES~T:
d V~-
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
CORDING REQUESTED BY ~
WHEN RECORDED'MAIL TO:`
TOWN CLERK
TOWN DF LOS GATOS
P.O. BOX 949
LOS GATOS, CA 95030
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): ~ Vc
CITY TRANSFER TAX $ N/A
DOCUMENTARY TRANSFER TAX $ N/A
SAME AS ABOVE SURVEY MONUMENT FEE $
Computed on the consfderatlon or value of properly conveyed; OR
Computed on the conslderatlon or value less liens or encumbrances remalnln9 at
time of sale.
APN : 527-56-014
EA~EM~NT Ql~~~
F'OR A VALUABLE CONSIDERATION, receipt of which'is hereby acknowledged,
Alex M. Leupp, Sr. and Suzy Leupp, Husband and Wife
hereby grants to : THE TOWN OF LOS GATOS, a California Municipal Corporation
the real property in the Town of Los Gatos, County of Santa Clara,. State of California, described as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated: ~9- /~Z~ ~/
STATE OF CALIFO(R' NIA ,~(+- / }ss
COUNTY OF _ `~ 6f-~V /~I' '~./~L R~ /~- }
On a '°' Z ~
before me, ~^ ,~b'7" onally
appeared _('
Aa n II .own. a (or proved o me on the basis of sat(sfactory
evidence} to be 'the person(s) whose name(s).l~lare subscribed to the
within instrument and acknowledged to me that~aefefae/they executed the
same In •hks~taer/their authorized capacity(les), and that by pisFl•ier/their
signature(s) on the Instrument the person(s) or the entity upon behalf of
whlchthe person(s) acted,.executed the Instrument.
WITNESS my h d nd offlcial seal.
Signature iC. c...~,~-~
BY:
By:
Alex M. Leupp, Sr.
w~
n. wwR:v
#- 141a69S
h1bNc - Ct~llfotnla
County
Co~wtn. Ju-16. X007
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MARY A. 8W4C0
Commlts<lon # 1418598
q ~'~~ hlotaty Public - CaUfomla
'ygmedp County
t,~yComm, Fa(pkesJun 16, 2007
(Thisarea for official noiadal seal)
Exhibit A
15432-1
EXHIBIT '~An 9/30/02
Rev. 5/21/04
S.D.
DESCRIPTION
20.00 Foot Public Utility and Trail Easement Over a Portion of
Lot 44 of Tract No. 6309, Alta Vista Unit No. 1,
to be Conveyed to the Town of Los Gatos
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of
California, being an easement ofi a uniform v~~idth of 2Q.00 feet. for the instalatiori and
maintenance of public utilities, and .for pedestrian and equestrian ingress-egress purposes under,
on, or over that certain parcel of land, the Easterly line of which is described as follows:
BEGINNING at the most Northeasterly corner of Lot 14 of Tract No. 6309, a map of which was
filed for record in Book 436 of Maps at pages 22 - 31, Santa Clara County Records; said point
lying on the Southerly line of Santa Rosa Drive as shown on said map; thence from said POINT
OF BEGINNING along the Easterly line of said Lot 14 S00°14' 19'E 70.00 feet to the terminal
point of the Easterly line herein being described.
:Said easement is :bound on the North by the Southerly line of Santa Rosa Drive, and on the South
by a line that is at right angles to said Easterly line of Lot 14.
Prepared by
the firm of
IVIACKAY & SOIVIPS
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do TRAIL EASEMENT
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~~ I ~~ SHANNON VALLEY
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~~/ 7RAC7 No. 63OJ j~
~ BK 436 1vlAPS ~2-~3 ~ 1 °~
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PLAT TO ACCOMPANY DESCRIPTION
20' PUBLIC UTILITY & TRAIL EASEMENT
OVER A PORTION OF LOT 14
OF TRACT N0. 6309
~~
CIVIL ENGINEERS. 1NC.
CML ENGINEERING~LANO PLANNINGoLAND SURVEYING
1955 THE ALAMEDA, SAN JOSE, C.A 95126 PHe(408) 955-0960
:SCALE: T"=60' DATE: 10/02 J08 NO.; 15432-1
EXWIBIT B
15432-1
1.013/02
S.D.
DES CRIP'I'ION
Trail Easement Over Lot 14
of Tract No. 6309, Alta Vista Unit No. 1,
to be Vacated
All that certain real property situate in the Town of Los Gatos, County of Santa Clara,
State of California, being that certain 2U' Pedestrian & Equestrian Trail Casement lying
within Lot 14 as shown on Tract No. 6309, a map of which was filed for record in .Boole
436 of Maps at pages 22 - 31, Santa Clara County Records.
Prepared by
the firm of
MACKAY & SOMPS
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S.HANN ON ~lALL~Y
RANCH
-~'~ e ~ `p PLAT TQ ACC®OMPANYpDESCRIPTION
~°~ 20' PEDESTRIAN BC
~~ EQUESTRIAN TRAIL EASEMENT
y OVER LOT 14 OF TRACT NO. 6309
l ..~ AIN-Aft TO BE VACATED _ __ ___ __
~~
CIVIL ENGINEI=RS. 1NC.
CML ENGINEERING•LAND PLANNING•lANO SURVEYING
1955 THE ALAMEDA, SAN JOSE, CA 95126 PH:(40$) 9$6-0980
SCALE: 1"=60' DATE: AUGUST, 2004 JO8 NO.: 15432-1
~~.e.,®,.~..,.~
CERTIFICATE ACCEPTING
GRANT OF 20-FOOT PUBLIC UTILITY AND TRAIL EASEMENT FROM
ALEX and SUZY LEUPP
530 Santa Rosa Drive
(APN: 527-56-011)
This is to certify that the interest in real property conveyed by that GRANT OF 20-FOOT
.PUBLIC UTILITY AND TRAIL EASEMENT from ALEX and SUZY LEUPP, dated August 12,
2004, to the Town of Los Gatos, a California 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 2.30.025 (d) of the Town Code of the Town of I,os G atos, adopted by the'I'own
Council on February 20, 1973; .and the grantee consents to recordation thereof by its duly authorized
officer.
Kourosh Rohani
Town Engineer, Town of Los Gatos
APPROVED AS TO FORM:
DATE: ~~ 'r -/ ` 0 !~`
~~.
.DATE: ~~ ~ 6~"•I
Orry P rb
T n Attorney
DV34:\N:\B&E\ENGR-PROJECTS\Tracl 9505\ESmI AccepllPUE•TraILACPT.wpd
Rev:; 10/1/99
4
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT
`State of California
County of Santa Clara
On ~ before me, MARIAN V. COSGROVE,
Town Clerk, personally appeared Kourosh Rohani, Town Engineer, ..personally known
to me to be the person whose name is subscribed to the within instrument and acknowl-
edged to me that he executed the same in his authorized capacity, and #hat by his
signature on the within instrument the entity upon behalf of which the person acted, the
Town of .Los Gatos, executed the instrument.
WITNESS my hand and official seal.
l~
(To -n ,, ~ rk,6f~L s Gatos, California)
CAPACITY CLAIMED BY SIGNER:
Municipal Officer of the Town of Los Gatos
DESCRIPTION OF ATTACHED DOCUMENT:
Title of Document: Grant of 20-foot Public Utility and Trail. Easement
530 Sartita Rosa Drive
Number of Pages: 4
Date of Document: Auaust 12, 2004
Signers Other than Named Above: Orry P. Korb
DV34:1N:\B&E1ENG R-.PROJECTS\TracP 9505\ESmt: AccepgPUE-Trail. ACPT.wpd
Rev,: 10/1/99
1.5432-1
10/3/02
S.D.
DESCRIPTION
Trail Easement Over Lot 14
of Tract No. b309, Alta Vista Unit No. 1,
to be Vacated
All tlAat certain real property situate in the Town of Los Gatos, County of Santa Clara,
State of California, being that certain 20' Pedestrian & Equestrian Trail Easement lying
within Lot 14 as shown cn Tract No. 6309, a map of which was filed for record in Book
436 of Maps at pages 22-31, Santa Clara County Records.
Prepared by
the firm of
IViACKAY chi SOMPS
fxhi bi t B
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- ~'' ~, ~; o PLAT TO ACCOMPANY DESCRIPTION
~«>s 20 PEDESTRIAN
~~ '~ EQUESTRIAN TRAIL EASEMENT
OVER LOT 14 OF TRACT N0. 6309
OS GATOS TO BE VACATED CALIFORNIA
^ngca~s~rs
CIVIL ENG'I'NEERS, INC.
CML ENGINEERING~LAND 'PLANNING~LAND BURVEIING
1955 THE ALAMEDA,'SJ+N JOSE, CA 95128 PH:(408) 985-0960
SCALE:. 1°=60' DATE: AUGUST, 2004' .JOB NO.: 15432-1