HomeMy WebLinkAbout03-85 i • •
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RESOLUTION NO. 3-85
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS
ALTOS HILLS ORDERING THE VACATION 'AND ABANDONMENT OF A CERTAIN '
STORM. DRAINAGE EASEMENT IN THE. CITY OF THE TOWN OF LOS ALTOS
HILLS UNDER THE PROVISIONS.. OF THE: 'PUBLIC STREETS, HIGHWAYS
AND SERVICE EASEMENTS VACATION LAW"
ORDER OF VACATION AND ABANDONMENT
WHEREAS, the City Council of the City of the Town of Los Altos
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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 December, 1984 , pass and
adopt Resolution No. 105-84 declaring the intention of said City
Council to vacate and abandon a certain storm drainage easement and
described in Exhibit "A" , attached hereto and incorporated herein by
reference; and
WHEREAS, the storm drainage easement described in Exhibit "A" is
located generally between Moody Road and generally twenty-five (25)
feet from the top of the bank of Adobe Creek; and
• WHEREAS, a public hearing was had on the 16th day of January,
1985, 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 re-
quired in' the aforementioned Statute; and proof thereof is on file
with said City Council; and
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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 storm drainage
easement is unnecessary for present or prospective public purposes by
reason of the following findings of fact:
1. The cost of the continuing maintenance liability and specifi-
cally the cost of repairing the wooden flume in Moody Creek and located
within the storm drainage easement, is estimated to be beyond the Town' s
financial capabilities . •
2 . The adjacent property owner is the primary beneficiary from
maintenance or repair work which may be performed within the storm
drainage easement;, as distinguished from members of the public generally.
AND, the City Council further finds that the public convenience
and necessity do not require. the reservation of any portion of the
storm drainage easement, •
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 storm drain-
age easement described in Exhibit "A" is hereby vacated and abandoned
as being unnecessary for present or prospective public purposes; and
that the easement and right herein vacated and abandoned is described
in Exhibit "A" , attached hereto and incorporated herein by reference.
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REGULARLY'. passed --and, adopted this 16th. day of January, _ 1985. ..
By,
MAYOR•
ATTEST: .
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. - . ..CITY CLERK`
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EXHIBIT "A"
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That certain storm drainage easement located generally between
the richt-o`-way of Moody Road and a noint oenerall:' twenty-five
( 25) feet from the top of the bank of Adobe Creek within the City
of the Town of Los Altos Hills , County of Santa Clara, State of
California as described in Parcel Map titled. "Parcel Map consistinc
of three sheets beinc all of Lot 2 of the Taaffe Partition of the
Lynn Place recorded in Book H of Maps at pace 75 and also beinc a
portion of Lot 1 of the Partition of the Taaffe Tract recorded in
Book E. of Maps at 118 and 119 Santa Clara County records and lyinc
within the Town of Los Altos Hills , California and said parcel map
is recorded in Book 507 of Maps at paces 50 , 51 , and 52 Santa Clara
County Records .