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Home My WebLink About102-87 441)RESOLUTION NO. 102-87 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ORDERING THE VACATION AND ABANDONMENT OF CERTAIN PORTIONS OF BURKE ROAD AND SUNSET WAY IN THE TOWN OF LOS ALTOS HILLS UNDER THE PROVISIONS OF THE "PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS VACATION LAW" 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 September, 1987 pass and adopt Resolution No. 91-67 declaring the intention of said City Council to vacate and abandon certain portions of public street easements, commonly known as Burke Road and Sunset Way, and described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the public street easements described in Exhibit "A" are located southwest of Fremont Road and between Fremont Road and Highway 280; and WHEREAS, a public hearing was held on the 7th day of October, 1987 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 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 portions of Burke Road and Sunset Way is unnecessary for present or prospective public purposes by reason of the following findings of fact: 1. The portions of the street easements proposed to be abandoned do no currently provide public access to any of the properties adjacent thereto. 2. Access to these adjacent properties currently is provided by alternate public or private easements. 3. From an engineering standpoint the terrain through which the portions of Burke Road and Sunset Way street easements pass is such that it would be impossible to construct public street improvements within these street easements. AND, the City Council further finds that the public convenience and necessity do require the reservation of the hereinafter described easements and rights of 9way. 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 portions of the public street easements, namely Burke Road and Sunset Way and each of them, described in Exhibit "A" hereby are 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 portions of the public street easements described in Exhibit "A", attached hereto and incorporated herein by reference, the following: 1. Easements and rights-of-way for access, and, in addition, the reservation and exception of easements for emergency vehicle access, water pipe lines and a pathway from the portion of Sunset Drive proposed to be vacated. -2- Ilb 2. 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 and other public utilities and appurtenant structures in, upon, over and across the portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A", 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 portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A", for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation or 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 portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A". 3. The permanent easement and right at any time, or from time to time, to use for emergency vehicular access and to construct, maintain, operate, replace, remove and renew water pipe lines, and a pathway in, upon, over and across the portion of Sunset Drive proposed to be vacated which is described in Exhibit "A". AND the easement and right herein vacated and abandoned is described in Exhibit "A", attached hereto an incorporated herein by reference. REGULARLY passed and adopted this 7th day of October 1987. e - ATTEST: CITY CLERK- 93087 LERK93087 -3- 410 41110 Exhibit "A" LEGAL DESCRIPTION - ABANDONMENT OF BURKE AVENUE All that certain real property situate 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 a portion of Burke Avenue 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 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", Excepting therefrom 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. Excepting therefrom the above described portions of Burke Avenue, the following parcel 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 the previously mentioned Lot 15 a distance of two hundred fifty (250') feet. LEGAL DESCRIPTION - ABANDONMENT OF SUNSET DRIVE All that certain real property situate 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 a portion of Sunset Drive 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 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", 411) Excepting therefrom any portion thereof described in the deed from Fred H. Wickman and Esto L. Wickman, his wife, dated May 24, 1954, recorded May 25, 1954 in Book 2880, Page 549, Official Records, Santa Clara County. Excepting therefrom the above described portions of Sunset Drive, the following parcels of land: Parcel I: A parcel of land twenty (20') feet in width running over the above described portion of Sunset Road to be retained as (1) an Emergency Vehicle Access Easement; (2) a waterline easement; and (3) a Pedestrian/Equestrian Easement. Parcel 2: Being an access easement thirty (30') feet in width the easterly line being described as follows: Beginning at a point on the centerline of Sunset Drive, said point being the southwesterly corner of Lands of Rutherford as recorded in Book 2880, Page 549, Official Records; Thence southerly along the centerline of Sunset Drive and the southeasterly line of Lot 15, 190 feet. 93087 -2-