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Ord 1605 - Establishing Underground Utility District No 1983-1 in the University Avenue AreaORDINANCE NO. 1605 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1983 -1, PROJECT NO. 268 CT, IN THE UNIVERSITY AVENUE AREA WHEREAS, Article III of Chapter 32 (Sections 32 -14 through 32 -23) of the Los Gatos Town Code provides procedures for the establishment of underground utility districts, and requires a public hearing for consideration of such district; and WHEREAS, the Town staff has proposed the establishment of Underground Utility District No. 1983 -1, Project No. 268 CT, and has recommended that the boundaries of said District be as described on the attached Exhibit " A " ; and WHEREAS, pursuant to the Los Gatos Town Code (Sections 32 -14 and 32 -23), a public hearing was held on January 17, 1984, to determine whether or not the public necessity, health, or safety requires the removal of poles and overhead wires, and associated overhead structures, from the public streets, alley or ways, and the underground installation of wires, and facilities for supplying electric, communications, or similar associated services within the area hereinafter described, after notice fully given by the Town Clerk of the Town of Los Gatos, as prescribed by said ordinance; and WHEREAS, the Town Council of the Town of Los Gatos does hereby find that the public necessity, health, or safety does require said removal and said underground installations within said area; and WHEREAS, the above finding is made in part for the following reasons: (1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; (2) Said street or road or right -of -way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN.AS FOLLOWS: Section 1. Designation of Area as Underground Utility District: The area of the Town of Los Gatos, County of Santa Clara, State of California, described in the attached Exhibit "A ", is hereby designated, pursuant to the Los Gatos Code (Section 32 -14 through 32 -23), as an Underground Utility District, and shall bear the name "Underground Utility District No. 1983 -1, Project No. 268 CT." Section 2. Exception for Transmission Lines: In addition to the exceptions listed in Section 32 -33 of the Los Gatos Code, this ordinance shall not apply to any poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts. Section 3. Time of Removal of Poles and Overhead Wires and Structures Within Underground Utility District No. 1983 -1 (a) November 1, 1984 is hereby fixed as the time within which utility companies shall provide necessary facilities to serve their customers underground, and the time within which affected property owners must be ready to receive underground service. (b) November 30, 1984 is hereby fixed as the time within which all poles and overhead wires and associated overhead structures shall be removed. Section 4. Publication - Effective Date: The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published once, within fifteen days after its adoption, in the Los Gatos Times - Saratoga Observer, a newspaper of general circulation, published and circulated in the Town of Los Gatos. This ordinance shall take effect and shall be in force from and after the expiration of thirty days after its adoption. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 17th , 1984, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on February 6th , 1984. AYES: COUNCIL_ MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito _7 NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS None COUNCIL MEMBERS None COUNCIL MEMB SIGNED: ATTEST: CLER_K0F , In ! re,i._r EXHIBIT " A " UNDERGROUND UTILITY DISTRICT #83 -1 Beginning at a point on the northwesterly line of Lot 2, Block 1 as shown on map titled "Map of Vineyard Lots in the Town of Los Gatos" filed in Book C of Maps, page 87, Santa Clara County Records, said point located South 21 10' West, 40' more or less from the northwesterly corner of said Lot 2; thence North 21 10' East, 1429.39 to a point on the Southwesterly right -of -way line of Saratoga Avenue and as described in deeds numbered 12398 and 12399 to the State of California, recorded in Book 2885, Page 217 and Book 2823, Page 78, Santa Clara County Records; thence leaving said point and along said Southwesterly right -of -way line South 52 14' 28" East 330.09' +; thence leaving last said line in a Southwesterly direction 92.50 to a point on the Southwesterly line of the parcel of land described in Director's Deed from the State of California to Zona B. Boyer, recorded in Book 6576, page 418, Santa Clara County Records; thence along the following four courses: North 84 08' 12" East, 45.03 South 63 24' 48" East, 87.57 North 70 05' 12" East, 38.00 South 62 32' 48 East, 17.20 to the Southeasterly line described in deed to Zona Boyer recorded in Book 4520, Page 569, Santa Clara County; thence in a Southwesterly direction along said Southeasterly line 206.37 to the Northerly line of the lands of Bentley as described in said deed; thence Westerly along said Northerly line of the lands of Bentley, 200 to the Southeasterly line of a parcel of land described in deed to Edward P. Lucey recorded in Book 8689, Page 71, Santa Clara County Records; thence South 21 10' West, 99.16 to the Northeasterly line described in deed to the Town of Los Gatos recorded in Book 5744, Page 542, Santa Clara County Records; thence along said Northeasterly line in a Northwesterly direction 50.00' +; thence leaving last said line and parallel with the Southeasterly line of University Avenue, South 21 10' West, 185.19 ' to the Northeasterly line of Lot 2, in Block 8 as shown on the map titled "Map of Vineyard Lots in the Town of Los Gatos" filed in Book C of Maps, Page 87, Santa Clara County Records; thence along said Northeasterly line South 68 50' East, 37.50 to the Southeasterly line of said lot; thence along said Southeasterly line and parallel with the said Southeasterly line of University Avenue, South 21 10' West, 685.46 to the center line of Miles Avenue; thence leaving said center line line and along the northeasterly prolongation of the Southeasterly line of Lots 1 and 2 of Block 2 of said map titled "Map of Vineyard Lots in the Town of Los Gatos" and parallel with said Southeasterly line of University Avenue, South 24 25' West, 121.00' to the Southwesterly line of said Lot 2; thence along said Southwesterly line and parallel with the Southwesterly line of Miles Avenue as shown on said map North 65 35' West, 273.80 to the point of beginning.