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MEETING DATE: 11/17/15 <br />ITEM NO: b <br />At�g COUNCIL AGENDA REPORT <br />DATE: NOVEMBER 3, 2015 <br />TO: MAYOR AND TOWN COUNCIL <br />FROM: LAUREL PREVETTI, TOWN MANAGER <br />SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF <br />APPROXIMATELY 0.04 ACRES OF PUBLIC RIGHT OF WAY EASEMENT OF AN <br />UNNAMED ALLEY OFF OF PENNSYLVANIA AVENUE, BETWEEN PROPERTY <br />ON 345 AND 337 PENNSYLVANIA AVENUE. <br />RECOMMENDATION: <br />Adopt a resolution (Attachment 1) for the summary vacation of approximately 0.04 acres of a public <br />right of way easement of an unnamed alley off of Pennsylvania Avenue between property on 345 and <br />337 Pennsylvania Avenue. <br />BACKGROUND: <br />The property is a part of the Glen Ridge Park subdivision that was recorded by Santa Clara County in <br />1892. The alley was created to provide additional access to Laurel Avenue, which was also dedicated <br />with the subdivision. Without evidence that acceptance of said dedication was made by a formal <br />resolution, it has been determined that this is a common law dedication which results in an easement <br />interest by the Town, not a fee simple interest. Consequently, the Town cannot sell the property but can <br />vacate the property. <br />The portions of Laurel Avenue that were dedicated with the Glen Ridge Park subdivision were <br />subsequently abandoned by resolution recorded on March 6, 1981. With the abandonment of Laurel <br />Avenue, the alley way from Pennsylvania Avenue (formerly Orange Avenue) to Laurel Avenue was left <br />as a dead-end with no connection to any other roadway systems in the area. This portion of the right of <br />way has never been used for any public right of way purpose, and no public funds have been allocated <br />for maintaining the alley since acceptance of the subdivision. <br />PREPARED BY: MATT MORLEY7 <br />Director of Parks and Public ecrks <br />Reviewed by: <br />Town Manager <br />Town Attorney Y) r Finance <br />