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Home My WebLink About121-88 - -- 95145444 NO FEE FILED r-'0R I:0011 ? Lose T RESOLUTION NO. 121-88 DEC II-! 3 47 pill i88 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF oFf IcI+ , LOS ALTOS HILLS ORDERING THE VACATION AND ABANDONMEIfi'ITF F', (f' ,4`ri i1" OF A PORTION OF A CERTAIN STREET UNDER THE PROVISIONS OF R is c o R o E I{ THE "PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW" SECTION 8300 et seq. , OF THE STREET AND HIGHWAYS CODE OF CALIFORNIA ( 788PAGE 39 ORDER OF VACATION AND ABANDONMENT (LOWELL AVENUE) 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 19th day of October, 1988, pass and adopt Resolution No. 112-88 declaring the intention of said City Council to vacate and abandon a portion of a certain street described in Exhibit "A", attached hereto and incorporated herein by reference; and the name by which it is commonly known being Lowell Avenue; and WHEREAS, a public hearing was held on the 16th day of November, 1988, 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, 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 K 78 8 PAGE 40 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 a certain street easement is unnecessary for present or prospective public purposes by reason of the following findings of fact: 1. The portion of the street to be abandoned does not provide access to any residences or public facilities. There are alternative public streets presently existing which would provide access to and from any residences the future in the vicinity might be constructed in of Lowell Avenue. AND, the City Council further finds that the public convenience and necessity does require the reservation of the hereinafter described easements and rights of way. 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 street easement described in Exhibit "A" be and it is hereby vacated and abandoned as being unnecessary for present or prospective public purposes; provided, however, there hereby is reserved 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 -2- S K 788PAGE 41 . 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". BE IT FURTHER RESOLVED there also hereby is 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". REGULARLY passed and adopted this 16th day of November, 1988. BY MAYOR ATTEST: CITY CLE 110488 -3- 4 . :. . . • 0 EXHIBIT "A" K 7 S 8 PAGE 42 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 eing on the east line of said Lowell Avenue; then S 0° 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. 110488 3.. MESA TRACT SUB Y 5s as :F. 4 542 22t.5 --- - _ r�F ..m '` {2605 4C} i 365.5& ( roc 6940....46_0_41.4.).- � `' _ \ `0 1 (3.00 AC_) I T4s ��.� If 5.605 AC. - l; � -- - ' - - - - t0/_ _17•E: - .= J8'sT f._‘i 3739^ T TOTA 9 -. .. = a 0 77 e h, /02 ,.� PCL. 2 :cam 2fi.Q'.'r) ;. A,Q �(~ 96 I i 2. 5 AC. 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