HomeMy WebLinkAbout31-17 RESOLUTION 31-17
RESOLUTION OF THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS APPROVING SUMMARY
VACATION OF A SANITARY SEWER EASEMENT
LOCATED AT 12810 DEER CREEK LANE, 12820 DEER
CREEK LANE,AND 12830 DEER CREEK LANE
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easement Vacation Law,
commencing with Streets and Highway Code Section 8330, provides for summary vacation of
streets and public service easements; and
WHEREAS, a public services easement for sanitary sewer purposes, legally described in Exhibit
"A" and as shown by the map in Exhibit "B" attached hereto, and incorporated herein by this
reference, was dedicated and accepted by the Town of Los Altos Hills and recorded in the Office
of the Santa Clara County Recorder on the grant of sanitary sewer easement, filed for recording
on June 20, 2001; and
WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to
summarily vacate public service utilities easements when the easements are no longer needed;
and
WHEREAS, the City Council intends to summarily vacate portion of the sanitary sewer
easement (described and shown in Exhibit "A" and "B") that is located within the property lines
of 12810 Deer Creek Lane, 12820 Deer Creek Lane, and 12830 Deer Creek Lane; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
that:
1. This vacation is made under the authority of California Streets and Highways Code
Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq.
a. The public service easements located within the property lines of 12810 Deer
Creek Lane, 12820 Deer Creek Lane, and 12830 Deer Creek Lane (as
described herein on Exhibit "A" and depicted on the plat map attached as
Exhibit"B") has not been used for the purpose for which it was dedicated;
b. No other public facilities located within the portion of the abovementioned
sanitary sewer easement; and
c. The sanitary sewer easement within the property lines of 12810 Deer Creek
Lane, 12820 Deer Creek Lane, and 12830 Deer Creek Lane will not be needed
in the future.
2. Based upon the findings made above of this Resolution and the provisions of the
Section 8333 of the Streets and Highways Code, the City Council does hereby order
that the sanitary sewer easement within the property lines of 12810 Deer Creek Lane,
12820 Deer Creek Lane, and 12830 Deer Creek Lane shall be and herby are
summarily vacated.
Resolution 31-17 Page 1
3. The City Clerk is hereby directed and authorized to record the record a certified copy
of this Resolution, including the Exhibits at the Santa Clara County, Office of the
Recorder.
4. The public service easement for sanitary sewer within the property lines of 12810
Deer Creek Lane, 12820 Deer Creek Lane, and 12830 Deer Creek Lane will no longer
constitute sanitary sewer easement from and after the date of recordation of the
documents identify in this Resolution.
5. The City Council finds that the summary vacation of the public service easement is
exempt from review under the California Environmental Act pursuant to Title 14
California Code of Regulations Section 15305 as a minor alteration in land use
limitations.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 15th day of June, 2017 by the following vote:
AYES: Waldeck, Radford, Corrigan, Spreen, Wu
NOES: None
ABSTAIN: None
ABSENT: None //
BY: .-"//
Gary Waldeck, Mayor
ATTEST:
/ !/
Deborah Padovan, City Clerk
Resolution 31-17 Page 2
►►
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AUGUST 25, 1999 JOB NO. 5106
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
OVER
LANDS OF OF RUTH B.MORRISON
ALL OF THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF THE TOWN OF
LOS ALTOS HILLS,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA DESCRIBED
AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH LYING OVER THE LANDS OF RUTH B.
MORRISON AS DESCRIBED IN THE DEED RECORDED JULY 21, 1998 UNDER
RECORDER'S SERIAL NUMBER 14295803,SANTA CLARA COUNTY OFFICIAL
RECORDS,SAID LANDS BEING A PORTION OF LOT 48 AS SAID LOT IS SHOWN ON
THAT CERTAIN MAP OF"THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE
TAAFFE PARTITION AS RECORDED IN BOOK"E"OF MAPS AT PAGES 118 AND 119"
WHICH MAP WAS RECORDED IN VOLUME"H"OF MAPS AT PAGES 76 AND 77,SANTA
CLARA COUNTY RECORDS,SAID STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 48,SAID
POINT BEING NORTH 68° 17' 12"EAST 40.95 FEET FROM THE MOST SOUTHERLY
CORNER OF SAID LOT 48,BEING ALSO THE MOST SOUTHEASTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND GRANTED FROM JOHN C.MORRISON,ET UX.TO
THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 6987 AT PAGE 36,SANTA
CLARA COUNTY RECORDS,THENCE ALONG THE SOUTHERLY LINE OF LOT 48
NORTH 68° 17' 12"EAST 1087.62 FEET TO THE EASTERLY LINE OF LOT 48;
THENCE ALONG SAID EASTERLY LINE NORTH 21°42'48"WEST 124.30 FEET MORE
• OR LESS TO THE NORTHERLY LINE OF A 10 FOOT WIDE PUBLIC UTILITY EASEMENT
OVER LOT 13 BLOCK N,AS SAD)EASEMENT AND LOT ARE SHOWN ON THE MAP OF
TRACT 2062 RECORDED IN BOOK 108 OF MAPS AT PAGES 27 THROUGH 29,SANTA
CLARA COUNTY RECORDS
THENCE LEAVING SAID EASTERLY LINE AT RIGHT ANGLES SOUTH 68° 17' 12"WEST
20.00 FEET;
THENCE SOUTH 21°42'48"EAST 104.39 FEET;
THENCE PARALLEL WITH AND 20 FEET NORTHERLY OF THE HEREINABOVE
DESCRIBED SOUTHERLY LINE OF LOT 48 SOUTH 68° 17'12"WEST 1067.52 FEET TO A
POINT IN THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL OF LAND
GRANTED FROM MORRISON TO THE STATE OF CALIFORNIA;
THENCE ALONG SAID EASTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIAL BEARING OF NORTH 69° 46'51"EAST AND A RADIUS OF 470.00
FEET,THROUGH A CENTRAL ANGLE OF 2° 26' 18"AN ARC DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING
END OF DESCRIPTION.
Resolution 31-17 Page 3
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.-r . •••I I:ii,r,, r.. .:,ru veyur.. DRAWN: E.T. EASEMENT
4880 Stevens (reek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: S.R.
(408) 615-4000 Fox (408) 615-4004 FIE: PLAT-3.OWG LOS ALTOS HILLS, CA
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JOB # 5106
Resolution 31-17 Page 4