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Ord 1402 - ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1978 -1 PROJECT NO. 226 -UU, ALONG UNIVERSITY AVENUE BETWEEN BLOSSOM HILL ROAD AND 200 FEET NORTHERLY OF COOPER COURTORDINANCE NO. 1402 AN ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 1978 -1 PROJECT NO. 226 -UU, ALONG UNIVERSITY AVENUE BETWEEN BLOSSOM HILL ROAD AND 200 FEET NORTHERLY OF COOPER COURT 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. 1978 -1, Project No. 226 -UU, and has recommended that the boundaries of said District be as described on the attached Exhibit ? ?A I? ; and WHEREAS, pursuant to the Los Gatos Town Code (Sections 32 -14 and 32 -23), a public hearing was held on July 17, 1978, 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 duly 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 -1- 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 Section 32 -23), as an Underground Utility District, and shall bear the name "Underground Utility District No. 1978 -1, Project No. 226 -UU11. 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 all 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 Underaround Utility District No. 1978 -1 (a) May 1, 1979 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 -2- ready to receive underground service. (b) August 1, 1979 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. Introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 17th day of July , 1978. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of August , 1978 by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. FerH to, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: A / _ 1 OF LOS G ATTEST: CLERK . THE OWN OF LOS GATOS -3- ° ' - DeqiooimJ at a point on , :he SuuLhp'/:L �r]y righ�-o�-way line of Uoivcraity Avenue, 80 feer wide, as deo'ribed in cjccJ from Zanardi, eu. ux, Ionn, Amerin, eC uo, Varoi, et ux, t Disposal Co., Inc., a California Corporation, recordaJ in Uook 0� BscTe 268, Santa Clara County Records; thence along the 3uuL}'uriy Drop�,.I.1y said deed South 75 East ]46,l4 feet; along the Southeasterly property line of said deed North 35v1,�/53" East �)2I.'4 1oeL; L}�eoco ulong the North- easterly property line of said d�cJ Nnrdh 16 West 181.30 feet to a point on the 3outheasLerlv line of Parcels l and 2 as described in deed from Semrau to Nilsson, recozded in Kunk 6278 Page 1.47 Santa Clara County Records; thence alomT last said Southeasterly property line North ]O«Sl/ East 273.44 feet to a point on the Soutbe,:isLerly property line of ' deed from Hubbell to �iLzgoraLd recurded io Book 2l43 Page 8, Santa Clara County Records; thence along l,int said 3oudleaaterly property line the following 9 disLaucca 60.63 leeL, Ti_`(, tsei, 84.06 feet, 14.86 feet, 64.93 teat, l08,10 feet, lOO tcct 1. 1euL, 32.85 feet to a point on the Southerly line of a parcel of land titled "Vasnna Business Park" recorded in Book 417 of Maps, Pa�us Sl arid 62, Santa Clara County Records, said point also being the most Oout'herly _�nzzier of Parcel /'C" as shown on last said recorded map; thence aI0119 Said Snutherlv line of last said Parcel of land and alno� the &orther]y Drop -line described in said deed from Hubbell to Pitzgerald Nortb.79"lO/ West 357 feet, more or lco _160 s, �o a point on a line lying �U feet, more or less, v me l� aoured a� right angles from said Sou�e./aterIy right-of-way line ot University Avenue; thence North 30'o51 East 255 feet, more or less ' � to a point of reverse curvature on the Cuutberly right-of-way line f "Cooper Court" as said Court is shown on said "Vanona Business Park/' parcel map; thence along said 3ouLherly riohi-o[-way line and along a curve to the left having a radius of 40 feoL through a central- am7Io of 149 an arc length of 104.53 ƒeeA to a Point on the property line separating Parcels xCn and '`D" as shown on last said recorded parcel mop; Lhence along last said property line the following two courses and di-stances, South 79 West l36.87 leet., North 83 East 192.73 feet to the CostcrLy property line of last.- said recorded parceI map, last oaid property line also being HhQ Easterly property line o� aaid �arceIo "C" and «D'/; thence NurtherLy along last said Cauterlv property line the following four courses and distances, North 6 West 55,08 feet NurLh6»S5']]'/ East 60,22 feet, North 1.7"30 7»3O'U]`' East 64.88 feet, North 46 West 66,45 feet, to a point on the v property line of ParceIo I'D" and ^8o as shown on last said recorded parcel map; thence alomg said NorLherlv property line of said Parcels «Dn and nA'` the �oilowimg two courses and dist-ances, South 59o1-7 West 55.53 feet, North 78 WuuL 324.20 feet t:o a Point on said Southeasterly r ht- of-way line of University Avenue; thence alu/»7 'last said Southeasterly ri�t-it-way line, South 30 West, lU feet, more or less; the/ h Snurb 78»53'40n East: 90 fnot, nmre or less, Uo the Northwesterly right- of-way of said Universiiy 8v,'m'` �, 80 [p,/|, wid c p� �hune along the Nurchorly grop line of Jam| J'zs'ribc'i in deud from Poloe to Dipuca recurded in Book v��j, Page 38, �,ioLa Claru CounLy Records North 78 53 West 205 moro or lesn; thence along a line v 195 feet: mcre or less Nor��x^ m�ucurod a� ri�h� amJlos [romthe 0orth- westerlv ri h�-V1-^ay line of University A.enue South 30 East, 265 feet more ur ]�us, to a T)oioL on the property line which is parallel with the Nnrthnrly yroperLy ]_iue ol t.1-le afurementioned deed to DiDuoa irum Poloc, So'/L�� /S«'�I/4U' �/sL 2�� {�oL, more or less, to the said Northwesterly right-of-way line of University Avenue; thence along said Northwesterly right-of-way line of University Avenue South 30 West 1-098 feet, more or less, to a point on said North- westerly right-of-way line lying 80 feet Northwesterly measured at right angles from said Southeasterly right-of-way line of University Avenue South 59 East 80 feet to said Southeasterly right-of-way line of University Avenue; thence along said Southeasterly right-of--way line South 30 West 175 feet, more or less, to the point of beginning.