Staff ReportMEETING DATE: 11/17/15
ITEM NO: b
At�g COUNCIL AGENDA REPORT
DATE: NOVEMBER 3, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY 0.04 ACRES OF PUBLIC RIGHT OF WAY EASEMENT OF AN
UNNAMED ALLEY OFF OF PENNSYLVANIA AVENUE, BETWEEN PROPERTY
ON 345 AND 337 PENNSYLVANIA AVENUE.
RECOMMENDATION:
Adopt a resolution (Attachment 1) for the summary vacation of approximately 0.04 acres of a public
right of way easement of an unnamed alley off of Pennsylvania Avenue between property on 345 and
337 Pennsylvania Avenue.
BACKGROUND:
The property is a part of the Glen Ridge Park subdivision that was recorded by Santa Clara County in
1892. The alley was created to provide additional access to Laurel Avenue, which was also dedicated
with the subdivision. Without evidence that acceptance of said dedication was made by a formal
resolution, it has been determined that this is a common law dedication which results in an easement
interest by the Town, not a fee simple interest. Consequently, the Town cannot sell the property but can
vacate the property.
The portions of Laurel Avenue that were dedicated with the Glen Ridge Park subdivision were
subsequently abandoned by resolution recorded on March 6, 1981. With the abandonment of Laurel
Avenue, the alley way from Pennsylvania Avenue (formerly Orange Avenue) to Laurel Avenue was left
as a dead-end with no connection to any other roadway systems in the area. This portion of the right of
way has never been used for any public right of way purpose, and no public funds have been allocated
for maintaining the alley since acceptance of the subdivision.
PREPARED BY: MATT MORLEY7
Director of Parks and Public ecrks
Reviewed by:
Town Manager
Town Attorney Y) r Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY0.04 ACRES OF PUBLIC RIGHT OF WAY EASEMENT OF AN
UNNAMED ALLEY OFF OF PENNSYLVANIA AVENUE, BETWEEN PROPERTY ON
345 AND 337 PENNSYLVANIA AVENUE
NOVEMBER 3, 2015
BACKGROUND:
On August 13, 2014, the Town received an application requesting summary vacation of this unnamed
alley.
All utility companies with services within the area which is to be vacated were notified on October 20,
2014 of the request for the summary vacation. The Town has received four letters with no objections
from PG&E, San Jose Water Company, Comcast, and Verizon. West Valley Sanitation District
submitted a letter with no objection to the vacation but with reservation of a public service easement.
Public notice was also provided by mail to property owners within a 300 feet radius of the subject
property.
DISCUSSION:
The Streets and Highways Code Section 8300 et seq. permits the Town of Los Gatos to vacate excess
public easements when the easements are no longer needed for their intended use. Upon vacation, the
property subject to the easement reverts to full control of the underlying property owner(s). In this case,
half of the vacated area will be granted to two adjacent property owners, respectively.
The proposed vacation is consistent with the Town policies and State law:
1. This portion of the right of way is a dead-end section and currently does not provide access to any
other streets or public property.
2. The right of way in unnecessary for prospective public roadway purposes.
3. The right of way does not provide access to any public trails.
In addition, the Town's Community Development Department has found that this vacation meets
General Plan conformance, as required by Section 65402 of the California Government Code.
CONCLUSION:
Adopt a resolution (Attachment 1) for the summary vacation of approximately 0.04 acres of public right
of way easement of an unnamed alley off of Pennsylvania Avenue between property on 345 and 337
Pennsylvania Avenue.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY0.04 ACRES OF PUBLIC RIGHT OF WAY EASEMENT OF AN
UNNAMED ALLEY OFF OF PENNSYLVANIA AVENUE, BETWEEN PROPERTY ON
345 AND 337 PENNSYLVANIA AVENUE
NOVEMBER 3, 2015
ALTERNATIVES:
As an alternative to the above recommendation, the Council may amend, modify, or deny the summary
vacation petition and retain the property as public right of way, if the findings required to approve the
project cannot be affirmed.
ENVIRONMENTAL ASSESSMENT
Under CEQA guidelines, Section 15305, Minor Alterations in Land Use Limitations, the project
qualifies as categorically exempt from CEQA review. Staff will prepare a notice of exemption in
accordance with CEQA Guidelines, Section 15374 if Council approves the proposed project.
FISCAL IMPACT:
No material fiscal impact is anticipated at this time.
Attachment:
1. Resolution ordering the summary vacation of approximately .04 acres of public right of way
easement of a 20' wide unnamed alley off of Pennsylvania Avenue, between property on 345 and
337 Pennsylvania Avenue.
Distribution:
Joe Klesney, Applicant, 345 Pennsylvania Avenue, Los Gatos, CA 95030
RESOLUTION 2015 -
RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE SUMMARY VACATION
OF APPROXIMATELY 0.04 ACRES OF PUBLIC RIGHT OF WAY EASEMENT OF A 20'
WIDE UNNAMED ALLEY OFF OF PENNSYLVANIA AVENUE, BETWEEN PROPERTY
ON 345 AND 337 PENNSYLVANIA AVENUE
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Streets and Highways Code Section 8300 et seq. 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, IT IS HEREBY ORDERED:
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 recorded prior
to the recordation of this resolution to reserve a 10' wide easement for West Valley
Sanitation District at their request for any facilities that may need to be constructed in the
future.
3. The Town Clerk is directed to record a certified copy of this resolution with the County
Recorder of Santa Clara County.
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day
of November 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT 1
RIGHT OF WAY VACATION
A LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION PURPOSES FOR A
TRACT OF LAND COMPOSED ON AN UN -NAMED RIGHT OF WAY SITUATE IN THE
TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND
DESCRIBED AS FOLLOWS:
BEING THE 20 -FOOT WIDE ALLEY BETWEEN LOT 6 AND LOT 7 IN BLOCK 1, AS
SAID LOTS ARE SHOWN AND DELINEATED ON THE MAP OF GLEN RIDGE PARK.
FILED FOR RECORD MARCH 5, 1892 IN BOOK "G" OF MAPS, PAGE 13, SANTA
CLARA COUNTY RECORDS; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 7; THENCE THE
FOLLOWING COURSES:
1) SOUTH 40°47'02" WEST 130.26 FEET TO THE WESTERNMOST CORNER OF
SAID ALLEY; THENCE EASTERLY ALONG THE NORTHERN LINE OF
LAUREL AVENUE AS SHOWN ON SAID MAP
2) SOUTH 84°40'58" EAST 0.27 FEET; THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERN LINE OF LAUREL AVENUE
3) SOUTH 49°12'58" EAST 19.78 FEET TO THE SOUTHERNMOST CORNER OF
SAID ALLEY; THENCE NORTHEASTERLY ALONG THE NORTHWESTERN
BOUNDARY OF SAID LOT 6
4) NORTH 40°47'02" EAST 130.10 FEET TO THE NORTHERNMOST CORNER
OF SAID LOT 6 ON THE SOUTHWESTERN LINE OF PENNSYLVANIA
AVENUE; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERN LINE
5) NORTH 49°12'58" WEST 20.00 FEET TO THE POINT OF BEGINNING.
Containing 2602 square feet, more or less.
END OF DESCRIPTION
A plat labeled "Exhibit 1A" is attached hereto and made a part thereof.rl��OVThe description and the accompanying plat were prepared by me. Robert J. Craig, PLS 5418 00
yt I 541,7 _ ,
EXHIBIT A
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. W _
REFERENCES ,
rN
(A) GLEN RIDGE PARK, "G'—M-13 I W¢ 27'
(B) RECORD OF SURVEY, 733—M-49 cc _j DETAIL
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BASIS OF BEARINGS
THE BEARING OF NORTH 49'12'58" WEST TAKEN ON THE
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SOUTHWESTERN LINE OF PENNSYLVANIA AVENUE AS SCALE 1"=30'
SAID BEARING IS SHOWN ON THE RECORD OF SURVEY
FILED IN BOOK 733,PAGE 49,SANTA CLARA COUNTY
RECORDS.
ROBERT J. CRAIG
LICENSED LAND SURVEYOR SCALE
966 ELSIE MAE DRIVE DATE
BOULDER CREEK. CA 95006
B31)359-1750
408)884-3791
0 30 60
EXHIBIT 1A
1"=30' JOB NO. C-14147
MAY 27,2015 INDEX SANTA CLARA CO.
Page 2 Of 2
EXHIBIT 2
DESCRIPTION OF PORTION OF FORMER RIGHT-OF-WAY
TO BE GRANTED TO KLESNEY
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS,
BEING THE NORTHWESTERN ONE-HALF OF THE FORMER 20 -FOOT WIDE ALLEY
BETWEEN LOT 6 AND LOT 7 IN BLOCK 1, AS SAID LOTS ARE SHOWN AND
DELINEATED ON THE MAP OF GLEN RIDGE PARK. FILED FOR RECORD MARCH
5, 1892 IN BOOK "G" OF MAPS, PAGE 13, SANTA CLARA COUNTY RECORDS;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.-
BEGINNING
OLLOWS:
BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT T THENCE THE
FOLLOWING COURSES:
1) SOUTH 40°47'02" WEST 130.26 FEET TO THE WESTERNMOST CORNER OF
SAID ALLEY; THENCE EASTERLY ALONG THE NORTHERN LINE OF
LAUREL AVENUE AS SHOWN ON SAID MAP
2) SOUTH 84°40'58" EAST 0.27 FEET: THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERN LINE OF LAUREL AVENUE
3) SOUTH 49°12'58" EAST 9.78 FEET TO THE SOUTHERNMOST CORNER OF
SAID ALLEY; THENCE NORTHEASTERLY ALONG THE NORTHWESTERN
BOUNDARY OF SAID LOT 6
4) NORTH 40°47'02" EAST 130.10 FEET TO THE NORTHERNMOST CORNER
OF SAID LOT 6 ON THE SOUTHWESTERN LINE OF PENNSYLVANIA
AVENUE; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERN LINE
5) NORTH 49°12'58" WEST 10.00 FEET TO THE POINT OF BEGINNING.
Containing 1301 square feet, more or less.
END OF DESCRIPTION
A plat labeled "Exhibit 2A" is attached hereto and made a part thereof. S�0 GAND��
The description and the accompanying plat were prepared by me. J.
Robert J. Craig, PLS 5418
OF C
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF. W
REFERENCES — }
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(A) GLEN RIDGE PARK, "G" -M-13 ( cc
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(8) RECORD OF SURVEY, 733-M-49 \ J aL)
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GLEN R0DGEPARK
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"G" -QUA -13
LOT 7
(PORTION)
APN 510-41-064
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LOT 7
(PORTION)
345 PENNSYLVANIA AVE.
APN 510-41-065 `L
KLESNEY
DOC . #22515252
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APN 510-43-042/-�APN
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WHITE 510-46-043
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OF CAI.
THE BEARING OF NORTH 49'12'58" WEST TAKEN ON THE
SOUTHWESTERN LINE OF PENNSYLVANIA AVENUE AS SCALE 1 "=30 '
SAID BEARING IS SHOWN ON THE RECORD OF SURVEY
FILED IN BOOK 733,PAGE 49.SANTA CLARA COUNTY
RECORDS.
0 30 60
ROBERT J. CRAIG EXHIBIT 2A
LICENSED LAND SURVEYOR SCALE i"=30' JOB NO. C-14147
966 ELSIE MAE DRIVE
BOULDER CREEK. CA 95006 DATE MAY 27, 2015 INDEX SANTA CLARA CO.
(831 359-1750
(408 884-3791
Page 2 Of 2
EXHIBIT 3
DESCRIPTION OF PORTION OF FORMER RIGHT-OF-WAY
TO BE GRANTED TO WHITE
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING THE SOUTHEASTERN ONE-HALF OF THE FORMER 20 -FOOT WIDE ALLEY
BETWEEN LOT 6 AND LOT 7 IN BLOCK 1, AS SAID LOTS ARE SHOWN AND
DELINEATED ON THE MAP OF GLEN RIDGE PARK. FILED FOR RECORD MARCH
5, 1892 IN BOOK "G" OF MAPS, PAGE 13, SANTA CLARA COUNTY RECORDS;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERNMOST CORNER OF SAID LOT 6; THENCE THE
FOLLOWING COURSES:
1) SOUTH 40°47'02" WEST 130.10 FEET TO THE WESTERNMOST CORNER OF
SAID LOT 6; THENCE NORTHWESTERLY ALONG THE NORTHEASTERN
LINE OF LAUREL AVENUE AS SAID AVENUE IS SHOWN AND DELINEATED
ON SAID MAP;
2) NORTH 49°12'58" WEST 10.00 FEET TO THE CENTERLINE OF SAID ALLEY;
THENCE NORTHEASTERLY ALONG SAID CENTERLINE
3) NORTH 40°47'02" EAST 130.10 FEET TO THE SOUTHWESTERN LINE OF
PENNSYLVANIA AVENUE AS SHOWN AND DELINEATED ON SAID MAP;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERN LINE
4) SOUTH 49°12'58" EAST 10.00 FEET TO THE POINT OF BEGINNING
Containing 1301 square feet, more or less.
END OF DESCRIPTION
A plat labeled "Exhibit 3A" is attached hereto and made a part thereof.
The description and the accompanying plat were prepared by me.
Robert J. Craig, PLS 5418
ALL DISTANCES
REFERENCE
SHOWN ARE IN FEET AND DECIMALS THEREOF. 4:
S , c~n
-1
(A) GLEN RIDGE PARK. "G" -M-13 I wa 0.27'
(B) RECORD OF SURVEY, 733-M-49 0 DETAIL
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GLEN RMGEs
PARK
BLOCK 1 0�. 019 0
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(PORTION) 4o 00�`
APN 510-41-064 '� LOT 7 \
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345 PENNSYLVANIA AVE. 6p
APN 510-41-065 2
KLESNEY
DOC . #22515252
02 P�► do
02 LOT 6
. P^
S84 0'58"
18.5
o . 82
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: S84 '40 ' 58 -E
0 3.38'
SEE
DET �j
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'
. 27'/
BASIS OF BEARINGS
dao 337 PENNSYLVANIA AVE.
APN 510-43-042
WHITE
DOC.#12648300
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THE BEARING OF NORTH 49'12'58" WEST TAKEN ON THE
LOT 5
APN 510-46-043
02 �� LAND SVq
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v 44 �i� •p
* 5418
9 P
OF CA
SOUTHWESTERN LINE OF PENNSYLVANIA AVENUE AS SCALE 1 " =30'
SAID BEARING IS SHOWN ON THE RECORD OF SURVEY
FILED IN BOOK 733,PAGE 49,SANTA CLARA COUNTY
RECORDS.
0 30 60
ROBERT J. CRAIG EXHIBIT 3A
LICENSED LAND SURVEYOR SCALE 1"=30' JOB NO. C-14147
966 ELSIE MAE DRIVE
BOULDER CREEK. CA 95006 DATE MAY 27, 2015 INDEX SANTA CLARA CO.
(831) 359-1750
(408) 884-3791
Page 2 Of 2
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EXHIBIT B