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HomeMy WebLinkAbout112-88 6.._, RESOLUTION NO. 112-88 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DECLARING THE INTENTION OF SAID TOWN TO VACATE AND ABANDON A PORTION OF A CERTAIN STREET EASEMENT UNDER THE PROVISIONS OF THE "PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW", SECTION 8300, ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA, AND RESCINDING RESOLUTION NO. 97-88 (LOWELL AVENUE) it appearing to the City Council of the Town of Los Altos Hills that a portion of a certain street easement hereinafter more particularly described and located within the Town of Los Altos Hills, California, should be vacated and abandoned for the reason that the portion of the easement is unnecessary for present or prospective public use, and that the best interests of the citizens of Los Altos Hills will be served by such vacation and abandonment; And, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law", Section 8300, et seq., of the Streets and Highways Code, such action is authorized if the portion of said easement is unnecessary for present or prospective public use, NOW, THEREFORE, BE IT AND IT HEREBY IS RESOLVED by the City Council of the Town of Los Altos Hills as follows: 1. The City Council does hereby declare its intention to vacate and abandon a portion of a certain street easement described in Exhibit "A" attached hereto and incorporated herein by reference, and the lawful or official name by which it is commonly known being Lowell Avenue. 2. A hearing on said proposed vacation and abandonment of the portion of the street easement hereinabove described be, and the same is hereby fixed for Wednesday, November 16, 1988 at the hour of 7:15 p,m. of said day • • at the Council Chambers, Town Hall, 26379 Fremont Road, Los Altos Hills, California, notice of which hearing is hereby given, at which time and place all persons interested in or objecting to said proposed vacation and abandonment may appear and present objections to said proposed vacation and abandonment, and submit to said City Council evidence in support thereof, under and in conformity with the provisions of said "Public Streets, 1 Highways and Service Easements Vacation law". 3. Reference is hereby made to the map and/or plat of the said street easement above-described, on file in the Office of the City Clerk, Town Hall, 26379 Fremont Road, Los Altos Hills, California, for further particulars and said map/or plat is incorporated herein and made a part hereof. 4. The proposed street easement vacation and abandonment be II submitted to the Planning Commission, to be considered by said body and a recommendation returned to the City Council at said hearing. 5. That for two (2) successive weeks prior to the Hearing this Resolution beublished in the Peninsula Times Tribune, a newspaper aer pp published and circulated in the Countyof Santa Clara, there no being newspaper published or circulated in the Town of Los Altos Hills. That at least three (3) notices of said vacation and abandonment, which notices shall state the passage of this Resolution of Intention and of the day, hour and place of hearing thereunder, shall be posted not more than 300 feet apart along the portion of the street easement proposed to be abandoned, at least two (2) weeks before the day set for the hearing, or as provided in the "Public Streets, Highways and Service Easements Vacation Law". 6, The City Council has determined that the public convenience and necessity require the reservation of easements, and if the proposed street easement vacation and abandonment is completed, there shall be reserved .s. • •and excepted from the vacation of the portion of the public street easement described in Exhibit "A" attached hereto and incorporated herein by reference, the permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew water pipelines, sanitary sewers and storm drains and other public utilities and appurtenant structures in, upon, over and across the property described in Exhibit "A" and pursuant to any existing franchises or renewals thereof, or otherwise, to install, construct, maintain, repair, 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 property described in Exhibit "A" for the operation of gas pipelines, telegraphic and telephone lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water and incidental purposes, including access and the right to keep the property described in Exhibit "A" free from inflammable materials and wood growth, and otherwise protect the same from all hazards in, upon and over the property described in Exhibit "A". There shall also be reserved and excepted from the vacation of the portion of the public street easement described in Exhibit "A" the following: A PATHWAY AND TRAIL EASEMENT for equestrians and pedestrians, together with ingress thereto and egress therefrom and the right to install, maintain, repair, protect, and replace, a PATHWAY AND TRAIL thereon together with appurtenances thereto, in, on, over, across, along and upon the property described in Exhibit "A". The proceedings shall be taken subject to such reservations and exceptions. -3- • . • 7. Resolution No. 97-88 adopted by the City Council on September 21, 1988 be and it hereby is rescinded and annulled. REGULARLY passed and adopted this 19th day of October, 1988. / , � BY MAYOR ATTEST: CITY CLERK 91488-101088 -4- _ 1 • EXHIBIT "A' All that certain real property situated in the CITY OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, described as follows: Beginning at the southeasterly corner of Lot One of Block 3 as shown on that Map of Los Altos Villa Tract, filed for record in Book '0' of Maps at Page 41, Santa Clara County. Said corner being on the west line of Lowell Avenue as shown on said Map; thence N 0° 15' E along said west line 842.63 feet to the northeasterly corner of Lot 27 of said Block 3 thence S 86° 50' E 40.05 feet to the northwesterly corner of Lot 55 of Block 2 of said Map, last said corner being on the east line of said Lowell Avenue; thence 50° 15' W along said east line 842.63 feet to the southwesterly corner of Lot 2 of said Block 2; thence N 86° 50' W 40.05 feet to the point of beginning. 91388