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Home My WebLink About105-02 ID • RESOLUTION NO. 105-0 2 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DECLARING THE INTENTION TO VACATE AN EASEMENT FOR CERTAIN PORTIONS OF BURKE ROAD (Lands of Swan) WHEREAS, pursuant to the provisions of Section 8300 et seq., of the Streets and Highways Code the City Council of the Town of Los Altos Hills approved Resolution 102-87 vacating and abandoning portions of public street easements commonly known as Burke Road and Sunset Way; and WHEREAS,the abandoned public street easement for Burke Road consisted of a 20-foot wide (half-width) right-of-way adjacent to 13201 and 13190 Burke Road and the City Council has determined that vacation of the remainder of the right-of-way (the "Subject Property") serves an important public purpose and is unnecessary for present or prospective public use; and WHEREAS, pursuant to Section 65402 of the Government Code the Planning Commission has determined that vacation of the Subject Property is in conformity with the Town General Plan subject to certain conditions of approval requiring the preparation of a complete legal description and a plat map of the Subject Property; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: Section 1. The City Council hereby declares its intention to vacate and abandon the Subject Property described in Exhibit A, and depicted in Exhibit B, except that the Town shall reserve and except from vacation, the portions of the Subject Property described as follows: The permanent easement and right at any time, or from time to time,to use for pedestrian or vehicular access and to construct, maintain, operate, replace, remove and renew water pipe lines, sanitary sewers and storm drains or other public utilities and appurtenant structures in, upon, over and across the Subject Property, and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures in, upon, over and across the portion of the Subject Property for the operation of gas pipe lines, telegraphic and telephone lines, and for the distribution of electric energy, water and incidental purposes, including access and the right to protect such works from all hazards in, upon and over the Subject Property. Section 2. The City Council hereby directs the Town Clerk to properly notice and schedule a hearing on the proposed vacation and abandonment of the Subject • • Property pursuant to the general vacation procedures of Section 8320 et seq., of the Public Streets, Highways, and Service Easements Vacation Law. PASSED AND ADOPTED thisZl qday of blialwl , 2002 BY: May. ATT.'ST: City Clerk 207928v2 • • EXHIBIT A Legal Description i • EXHIBIT B Survey Map • • EXHIBIT "A" LEGAL DESCRIPTION-ABANDONMENT OF A PORTION OF BURKE AVENUE PARCEL ONE: All that certain real property situated in the Town of Los Altos Hills,County of Santa Clara, State of California described as follows: A strip of land being twenty(20')feet in width further described as the northwesterly half of Burke Avenue as shown on that certain map entitled, ".Map of Los Altos Heights" as recorded in Book"N" of Maps at page 47,Santa Clara County records in as much as it affects the following Parcel of Land: All of Lot 15, as shown on that certain map entitled " Map of Los Altos Heights" recorded in Book "N" of Maps at page 47,Santa Clara County records, Excepting there from any of that portion thereof described in the deed from Fred H. Wickman and Esto L.Wickman,his wife,to John B.Rutherford and.Millicent A. Rutherford, his wife, dated May 24, 1954,recorded May 25, 1954 in Book 2880,Page 549, Official Records, Santa Clara County, and more particularly described as follows: Portion of Lot 15,as shown upon that certain Map entitled, "Map of Los Altos Heights" as recorded in Book "N" of Maps at page 47,Santa Clara County Records. Excepting therefrom the above described portions of Burke Avenue,the following parcels of Land: Being an access easement thirty(30')feet in width the westerly line being described as follows: Beginning at a point on the centerline of Burke Avenue,said point being the northwesterly corner of lands of Rutherford as recorded in the previously mentioned Book 2880,Page 549, Official Records; thence southerly along the centerline of Burke Avenue and the northwesterly line of said Lot 15 a distance of two hundred fifty(250')feet. PARCEL TWO All that certain real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California described as follows: A strip of land being forty(40') feet in width further described as the northeasterly portion of Burke Avenue as shown on that certain map entitled, " Map of Los Altos Heights" as recorded in Book"N" of Maps at page 47, Santa Clara County records in as much as it affects a portion of the following Parcel of Land:. • • All of Lot 16, as shown on that certain map entitled " Map of Los Altos Heights" recorded. in Book."N" of Maps at page 47, Santa Clara County records. Excepting therefrom the above described portions of Burke Avenue,the following parcels of Land: Being an access easement thirty(30')feet in width the westerly line being described as follows: Beginning at a point on the centerline of Burke Avenue, said point being the northwesterly corner of lands of Rutherford as recorded in the previously mentioned Book 2880,Page 549,Official Records; thence southerly along the centerline of Burke Avenue and the northwesterly line of said Lot 15 a distance of twohundred fifty(250')feet. PARCEL SEE A strip of land being twenty(20')feet in width further described as the southeastern most half of Burke Avenue as shown on that certain map entitled, "Map of Los Altos : eights" as recorded in Book "N" of Maps at page 47, Santa Clara County records in as much as it affects the northeastern most portion of the following Parcel of Land: All of Lot 16, as shown on that certain map entitled " Map of Los Altos Heights" recorded in Book"N" of Maps at page 47,Santa Clara County records. Excepting there from the above described portions of Burke Avenue,the following parcels of Land: Being an access easement thirty(30')feet in width the westerly line being described as follows: Beginning at a point on the centerline of Burke Avenue, said point being the northwesterly corner of lands of Rutherford as recorded in the previously mentioned Book 2880,Page 549, Official Records; thence southerly along the centerline of Burke Avenue and the northwesterly line of said Lot 15 a distance of two hundred fifty(250')feet. €:=escription prepared August 25,2002 Mun B;,Lee,P.E. Registered Professional.Engineer State of California te 5 �� No. C 25881' - ,� t9 uaU a Expires 12/31/05 5.. 1, a, `y • EXHIBIT " B " : ,fir r I �� ////�� rr r ,, r lc rr BOOK 880 EXCEPTION" 1 r O R.,PAGE 549 • • LOT 16 r� - BOOK"N"AT PAGE 47 / �' , 13201 BURKE Rb. 0/ ,- 41P fl1! ea QOPEfkr'itItIe0,v,\V bPN!Ip�,III<it- . , /.,/ / / / - ; ` I�►III��I,, 4�R�►E BOOK"LVOT 15 I/I0��l'll/�``1�,�, PREP. ATPAGE47 • ///f/ 13190 BURKE RD �� illll�� i 4 r�' \„ ▪ Q1 Iry r i it PLAT TO ACCOMPANY LEGAL DESCRIPTION s�,co�� A �,,.' VACATION OFMA PORTION OF BURKE ROAD 5v� � � ��/ ��%`� IN THE TOWN OF LOS ALTOS FALLS ,\,�.-- ;:-,.. 1.,f y G. _,/'.,Nt. r'r COUNTY OF SANTA CLARA V: ' "w"5 �� '', �'• "/:' i''.1-:„1.'` .3 Tom, STATE OF CALIFORNIA .,F, .._:..-,,.� , DATE:08-25.02 SCALE: 1"=100'