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2014-078 - Vacation of Public Right of Way Easement 16348 Aztec Ridge DrRESOLUTION 2014 -078 RESOLUTION OF THE TOWN OF LOS GATOS FOR THE SUMMARY VACATION OF APPROXIMATELY 0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT ON AZTEC RIDGE DRIVE EASTERLY OF MAYA WAY FRONTING 16348 AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITES AND PUBLIC SERVICE EASEMENT FOR EXISTING UTILITIES OVER THE AREA WHEREAS, Section 8300 et seq. of the Streets and Highways Code permits the Town of Los Gatos to vacate excess public right -of -way if that right of way is unnecessary for present or prospective public use; and WHEREAS, the offer of public right of way described in Exhibit A hereto and depicted in the map contained in Exhibit B has not been used for any public right of way purpose, and that purpose no longer exists; and WHEREAS, the proposed vacation qualifies as Categorically Exempt from CEQA review under Section 15305, Minor Alterations in Land Use Limitations; and WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan and is in the interest of the general public, NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to Section 8300 et seq. of the Streets and Highways Code, the public right -of -way easement as described in Exhibit A and depicted on Exhibit B is vacated upon the recording of a certified copy of this resolution by the Town Clerk with the County Recorder of Santa Clara County. 2. A Public Service Easement (PSE) /Public Utilities Easement (PUE) is to be retained over the portion of the abandoned right of way for PG &E and Verizon at their request for any of their facilities that may exist in the easement area at this time. 3. As required by the Santa Clara County Fire Department, the owner shall also maintain a twelve (12) foot wide all weather access to the residence on the property and a Knox lock on the gate. 4. There are private water lines in the area to be vacated, servicing the adjacent properties, that will remain in place. 5. Any private rights regarding these private water lines will not be affected by this vacation pursuant to Street and Highway Codes Section 8352(a) and (b). 6. The Town Clerk is directed to record a certified copy of this resolution with the County Recorder of Santa Clara County. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16`x' day of December 2014, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: SIGNED: � / �r� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ALL THAT REAL PROPERTY SITUATE W THE CITY OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF AZTEC RIDGE DRIVE (A CITY STREET 50 FEET WIDE) TOGETHER WITH A TURNAROUND EASEMENT (22 FEET WIDE) ADJACENT TO SAID STREET ALONG ITS SOUTHERN BOUNDARY AND ALSO TOGETHER WITH A SLOPE EASEMENT (25 FEET WIDE) ADJACENT TO SAID TURNAROUND EASEMENT ALONG ITS SOUTHERN BOUNDARY AND ALSO TOGETHER WITH A SLOPE EASEMENT (25 FEET WIDE) ADJACENT TO SAID STREET ALONG ITS NORTHERN BOUNDARY, AS SAID STREET AND EASEMENTS ARE SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD OCTOBER 4, 1989 AT 3:46 PM IN BOOK 606 OF MAPS, PAGES 18 THRU 22 (FILE NO. 10278475) SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERN BOUNDARY OF THE ABOVE SAID SLOPE EASEMENT WITH THE WESTERN BOUNDARY OF THE LANDS OF SCRANTON AS SAID LANDS AND WESTERN BOUNDARY ARE DELINEATED ON THAT CERTAIN RECORD OF SURVEY ENTITLED "RECORD OF SURVEY OF THE WESTERLY LINE OF THE LANDS OF SCRANTON DESCRIBED IN DOCUMENT NO. 18747480" FILED FOR RECORD SEPTEMBER 23, 2009 AT 1:00 PM IN BOOK 834 OF MAPS, PAGES 1 -2 (FILE NO. 20441441) SANTA CLARA COUNTY RECORDS FROM WHICH A 1/2 INCH DIAMETER PIPE (L.S. 5615) AT THE INTERSECTION OF SAID WESTERN BOUNDARY WITH THE CENTERLINE OF AZTEC RIDGE DRIVE BEARS SOUTH 3 °02149" WEST 31.91 FEET DISTANT; THENCE FROM SAID POINT OF BEGINNING, LEAVING THE WESTERN BOUNDARY OF SCRANTON AND ALONG THE NORTHERN BOUNDARY OF SAID SLOPE EASEMENT 1, NORTH 86 048'17" WEST 47.99 FEET, THENCE 2. SOUTH 66 039'43" WEST 48.00 FEET: THENCE 3. SOUTH 29 °21'16" WEST 41.29 FEET TO THE NORTHERN BOUNDARY OF AZTEC RIDGE DRIVE; THENCE 4. LEAVING SAID SLOPE EASEMENT AND ALONG THE NORTHERN BOUNDARY OF AZTEC RIDGE DRIVE SOUTH 66 °39'43" WEST 138.55 FEET TO A STATION AT THE BEGINNING CURVE FROM WHICH A 3/4 INCH DIAMETER PIPE ON THE CENTERLINE OF AZTEC RIDGE DRIVE BEARS SOUTH 23 °20'17" EAST 25.00 FEET DISTANT; THENCE 5. ALONG SAID CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 33 039'30 ", A RADIUS OF 181.63 FEET, AND AN ARC LENGTH OF 106.70 FEET TO A STATION AT THE BEGINNING REVERSE CURVE FROM WHICH A 3/4 INCH DIAMETER PIPE BEARS SOUTH 10 °04'31" WEST 25.00 FEET DISTANT; THENCE EXHIBIT A 6. ALONG SAID CURVE CONCAVE TO THE SOUTH THROUGH A CENTRAL ANGLE OF 31`40'19 ", A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 190.71 FEET; THENCE 7. LEAVING THE NORTHERN BOUNDARY OF AZTEC RIDGE DRIVE SOUTH 21 021'07" EAST 50.00 FEET TO A STATION ON A CURVE ALONG THE SOUTHERN BOUNDARY OF AZTEC RIDGE DRIVE; THENCE 8. ALONG SAID CURVE CONCAVE TO THE SOUTH FROM A TANGENT BEARING OF NORTH 68 °38'53" EAST THROUGH A CENTRAL ANGLE OF 31 040'19 ", A RADIUS OF 295.00 FEET, AND AN ARC LENGTH OF 163.07 FEET TO A STATION AT THE BEGINNING OF A REVERSE CURVE; THENCE 9. ALONG SAID CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 33 °39'30 ", A RADIUS OF 231.63 FEET, AND AN ARC LENGTH OF 136.07 FEET, THENCE 10, NORTH 66 039'43" EAST 154.26 FEET TO THE INTERSECTION OF THE SOUTHERN BOUNDARY OF AZTEC RIDGE DRIVE WITH THE WESTERN BOUNDARY OF THE ABOVE MENTIONED TURNAROUND AND SLOPE EASEMENT; THENCE 11, LEAVING THE SOUTHERN BOUNDARY OF AZTEC RIDGE DRIVE AND ALONG THE WESTERN AND SOUTHERN BOUNDARY THEREOF SOUTH 23 °20'17" EAST 47.00 FEET; THENCE 12. NORTH 66'39'43" EAST 58.17 FEET TO THE ABOVE SAID WESTERN BOUNDARY OF SCRANTON;THENCE 13. ALONG SAID WESTERN BOUNDARY NORTH 3 °02'49" EAST 112.28 FEET TO THE POINT OF BEGINNING, SURVEYED AUGUST 15, 2014 BY MID COAST ENGINEERS UNDER JOB NO. 14110 mffR+ REIN. 8.30 -16 SEPT. 22, 2014 MID COAST ENGINEERS GVIL ENGINEER5 E LAND SURVEYORS 70 PENNY LANE, SUITE A s NA750NVILLE, CA 95070 (E31) 724 -25c'D J JAMES KEVIN SGOT'T, TRUSTEE DOC #22601249 APN 532 -2G -101 wow w � PRIVATE ENTRANCE GATE -- AGREEMENT PER DOC H507, PG 159 (EXCEPTION #7). TOWN OF LOS COUNTY OF SANTA CLARA / / / '°-�✓ CD t" 11 i?, ", 12 I j C 2 A j C 2 11WZ110,318i� 1 L F IY L 'v 11WZ110,318i� r. IR� «T> s�347cI17 Augus128,2014 Mr. Greg Larson, Town Manager Ms. Lisa Petersen, Town Engineer Town of Los Gatos Home: (406) 354 -5339 Home Fax 1408) 416 -0927 Cell. (4 A) 838-4793 You will recall that we (Robert and Yaffe Scranton) own property (parcel 532 -25 -013) at the east end of Aztec Ridge Drive. On June 3, 2014 Robert wrote to you, the Town, concerning a Revocable Permit for Private Gate Across Public Road (which the Town had granted in 1983) {the "Permit ") to the owners of 16348 Aztec Ridge Drive, Los Gatos (Parcel 532 -26 -101). By that letter, we sought an amendment of the Permit so we could use the gate and access our property by crossing over the 16348 Aztec Ridge Drive (the "Amendment'). Please be advised that we now abandon our request for the Amendment. Please be further advised that we have reached an agreement with the new owners of 16348 Aztec Ridge Drive (the Scotts) whereby we will and do: 1. Support the Scott's efforts to have the Town abandon the public street at the Gate and across 16348 Aztec Ridge Drive, such that fee title to that road will revert to the Scotts, including without limitation, the Scott "Application for Abandonment." 2. Support the abandonment of the Town's right of way across 16348 Aztec Ridge Drive. Waive and release any abutters or other rights of access to 16348 Aztec Ridge Drive (other than in connection with existing utilities). Indeed, we have agreed to record a quitclaim in favor of the Scotts of any right, Mile or interest we may have in or to the Scott Property, reserving only certain rights to existing utility easements across the Scott Property for the benefit of our property, and acknowledging, that henceforth, we shall have no right of pedestrian, vehicular or other access through the Scott Property except to maintain, repair, or replace existing utilities. As further evidence of our support of the abandonment, the document we are recording with the Scotts grants to the Scott Property an easement in our property whereby we commit that no road, path or other surface improvements that might afford means of access shall be built on our property within one foot of the common boundary with the Scott Property at the Aztec Ridge Drive ATTACHMENT2 o page 2 August 26, 2014 location. This easement shall run with the land and bind all successors and assigns of our property. We also acknowledge the right of the Scotts to erect a fence with no gate along our common property line. d. Agree to reasonably cooperate with the Town's abandonment of its right of way, so long as there is no cost to us, and we agree to execute such other and further documents as the Town reasonably may request in connection with the abandonment, including, without limitation, a notarized affidavit of our support for the abandonment. 5. In consideration for good and valuable consideration, the receipt of which we hereby acknowledge, and to the fullest extent permitted by laws and regulations, we release the Town, its officers, elected officials, agents and employees from any, and all claims we have (direct, indirect and consequential) pertaining to or arising out of the abandonment of the real property which is the subject of the Scott Application for Abandonment. Robert A. Scranton -4"U-O- -I,- Yeffa Scranton