1978-068-Ordering The Vacation Of Public Utility Easement Lot 12, Tract 2938-222 Blossom Villa Wayc
RESOLUTION NO.1978 -68A
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING
THE VACATION OF PUBLIC UTILITY EASEMENT
LOT 12. TRACT 2938 - 222 BLOSSOM VILLA WAY
On April 17, 1978, the Town Council adopted Resolution No. 1978 -52
declaring its intention to order the vacation of easements.
A public hearing was held on May 15, 1978, and all the persons
interested were given an opportunity to be heard.
The easement proposed to be vacated is within the area for which
a master plan has been adopted and the question of whether or not to
vacate the easement was submitted to the Planning Commission and acted
upon by it.
It is in the public interest so to do.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows:
1. From all the evidence submitted, the ten -foot sanitary swer
easement described in the resolution of intention and in Exhibit A
attached hereto and made a part hereof by this reference is unnecessary
for prospective public use.
2. The ten -foot sanitary sewer easement as described in Exhibit
A attached hereto is ordered vacated.
3. Upon the making of this order, title to the land previously
subject to easement reverts to the owner of the land free from the rights
of the public in the manner set forth in Government Code Section 50444.
4. The Clerk shall have a certified copy of this resolution recorded
in the Office of the Recorder of the County of Santa Clara.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS this 15th day of May , 1978, by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
Peter W. Siemens, John B. Lochner and Mardi Gualtieri.
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None.
ATTEST:
CLERK OF' HE WN OF LOS GATOS
EXHIBIT A
A ten -foot sanitary sewer easement more particularly described as
follows:
The Southerly 10 feet of Lot 12, Tract 2938, recorded in
Book 138 of Maps at Page 8, Santa Clara County Records.
RESOLUTION NO. 1978 -68
A RESOLUTION REVERSING A DECISION OF THE
TOWN PLANNING COMMISSION
WHEREAS, Brent N. Ventura, Roy Rusin and Diane Rusin has duly and
regularly filed an appeal with the Town Council, from a decision of the Town
Planning Commission as follows: Approving a negative declaration re
environmental impact requirements for an eighteen -lot subdivision,
north side of Kennedy Road, east of Forrester Road.
WHEREAS, pursuant thereto, a public hearing with respect to said
appeal has been duly and regularly held by the Town Council; and
WHEREAS, the Town Council has determined that the decision of the
Town Planning Commission should be reversed.
NOW, THEREFORE, BE IT RESOLVED:
1. The decision of the Town Planning Commission, as hereinabove set-
forth, is hereby reversed as follows:
Appeal granted as it was sufficient to suggest a full environmental
impact report is required.
2. There was an error or abuse of discretion in the decision of the
Planning Commission in the following particulars: Planning Commission was
confused about why and when an environmental impact report is required.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS this 15th day of May, 1978, by the following votes:
AYES: COUNCIL MEMBERS: Ruth Cannon, Thomas J. Ferrito,
Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS: John R. Lochner
ABSENT: COUNCIL MEMBERS: None
ATTEST: Mayox of the Town of Los Gatos
Clerk of the Gown of Los Gatos