2003-083 - 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 Code (Summary Vacation)�3. a
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Doc #: 17246653
8/05/2003 3:09 PM
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 2003 - 83
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
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 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 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 public right -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 16' day
of June, 2003, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR,,OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE 'TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA