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HomeMy WebLinkAbout114-89 1• • NO FEE • 0276335L �i 1"lL�EO FUR �'::.er4,Jf\.� Hs REQUEST OF RESOLUTION NO. 114-89 LOS A119 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF OCT 3 t 01 ? f 6 LOS ALTOS HILLS ORDERING THE VACATION AND ABANDONME• - ,c,&L RFOORtiS 6, OF A PORTION OF A CERTAIN OPEN SPACE CONSERVATION N A EASEMENT IN THE TOWN OF LOS ALTOS HILLS UNDER THE �\LrIEmpe<'r. PROVISIONS OF THE "PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW" 10276335 117pA6E20 42 ORDER OF VACATION'AND ABANDONMENT RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, the City Council of the Town of Los Altos Hills, under and pursuant to the provisions of the "Public Streets, Highways and Service -Easements Vacation Law"; Section 8300, et seq., Government Code, did on the • 2nd day of August, 1989 pass and adopt Resolution No. 98-89 declaring the intention of said City Council to vacate and abandon a portion of a certain Open Space Conservation Easement and described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the portion of a certain Open Space Conservation Easement described in Exhibit "A" is located on Lot One as shown on the Map of Tract No. 6518 recorded in Book 448 of Maps at Pages 35, 36, 37, 38, and 39 on August 27, 1979, in the Office of the Santa Clara County Recorder; and WHEREAS, a Public Hearing was held on the 6th day of September, 1989, in the Council Chamber, Town Hall, 26379 Fremont Road, Los Altos Hills, California, whereat said proposed`vacation and abandonment were duly considered, and said matter submitted to said City Council for action; and WHEREAS, notice of said Hearing was duly given and made in the time, • • I117PnE2043 form, manner and by publication and posting, in the manner required in the aforementioned Statute, and proof thereof is on file with said City Council; and WHEREAS, no protests, either written or oral, were filed with or received by said City Council respecting said proposed vacation and abandonment, and the Planning Commission having submitted its report and recommendation; AND, said City Council being advised in said matter finds that, from all the evidence submitted, the above-described portion of the Open Space Easement is unnecessary for present or prospective public purposes by reason of the following findings of fact: 1. The purpose for which the portion of the Open Space Conservation Easement was obtained, namely, to ameliorate a water drainage problem involving Lot One in Tract No. 6518, is being resolved by the requirement of storm drainage improvements including construction of a retention basin for vagrant waters in connection with the pending application for division of Lot One. 2. A new Open Space Conservation Easement is also to be required in connection with the division of Lot One described above. AND, the CityCouncil further finds that the public convenience and necessity do not require the reservation of any portion of the portion of the Open Space Easement described in Exhibit "A". NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by said City Council that the foregoing Recitals are true and correct. BE IT FURTHER RESOLVED by said City Council that the portion of the Open Space Easement described in Exhibit "A" hereby vacated and abandoned as being unnecessary for present or prospective public purposes, and that the -2- . . • 1. 117PA6t2044 Easement and right herein vacated and abandoned is described in Exhibit "A", attached hereto and incorporated herein by reference. REGULARLY passed and adopted this 20th day of September, 1989. MAYOR ATTEST: CITY CLE 081689 -3- • S • L117446E2045 EXHIBIT "A" All that certain real property situate in the TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, described as follows: 4 llarKangas foulk August 16, 1989 Job No. 880383-10 I. 11'71)0E2046 • Consulting Engineers Legal Description for the Abandonment of an 540 Price Avenue Open Space Conservation Easement Redwood City,CA 94063 • 415/365-0412 FAX 415/365.1260 A portion of an Open Space Conservation Easement over a portion of Lot One as shown on that certain map filed for record August 27, 1979 in Book 448 of maps at Pages 35 through 39, inclusive, Santa Clara County records, State of California, more particularly described as follows for the purposes of abandonment: Beginning at the northwesterly corner of Lot One as shown on said map; thence along the westerly line of Lot One South 15°12'32" West 269.05 feet; thence leaving last said line at a right angle South 74°47'28" East 27.09 feet to the easterly line of a 10.00 wide Sanitary Sewer and Pedestrian-Equestrian Easement as shown on said map, being the True Point of Beginning of this descrip- tion; thence along said easterly line of a Pedestrian-Equestrian Easement North 10°37'11" East 94.82 feet; thence continuing along said "line -North -58°23'33" East- 118:-76 feet; thence—continuing -- ----- - along said line North 83°54'33" East 51.10 feet to a point from which the radial center of a curve bears South 30°28'54" West 159.00 feet; thence easterly along said curve and southerly line of a Slope Easement as shown on said map through a central angle of 5°24'19" an arc distance of 15.00 feet; thence South 28°22'15" West 201.71 feet; thence North 74°47'28" West 90.00 feet to the True point of Beginning of this description. Containing an area of 18,292 square feet, more or less. This description was prepared from �APdO • record data by the undersigned. p - 4411110 NO. 5080 g • J. Robert A. Bell LW-# -5080 - s . xicense expires June 30, 1991 -�f1 0c4 ` - -- FCAL,� LH:hh Exhibit A Sheet 1 of 2