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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 00 -4v-c N.T.S. �qK z F GLEN RIDGE PARK s Fc -9 BLOCK 9 6^ 'p, y09y� 'G' -IIA -93 06. LOT 7 cep p 8 (PORTION) APN 510-41-064 LOT 7 00�ll (PORTION) J 345 PENNSYLVANIA AVE. APN 510-41-065 `L KLESNEY n�0 00• DOC.f22515252 ti 02 y �o cu LOT 8 O S84 0 V o J! 0 N 12. S84.40'58, 0 3.38' -;N 5p 337 PENNSYLVANIA AVE. APN 510-43-042 WHITE DOC./12648300 IL ,0.27' \ 9 SysAG�OI(90J \00. 9q BASIS OF BEARINGS THE BEARING OF NORTH 49'12'58" WEST TAKEN ON THE LOT 5 APN 510-46-043 /yp IAND SUR` J. C,i 0� y Of CAS 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 — } J (A) GLEN RIDGE PARK, "G" -M-13 ( cc wa: (8) RECORD OF SURVEY, 733-M-49 \ J aL) A � qK a Q. to s GLEN R0DGEPARK po "G" -QUA -13 LOT 7 (PORTION) APN 510-41-064 b° LOT 7 (PORTION) 345 PENNSYLVANIA AVE. APN 510-41-065 `L KLESNEY DOC . #22515252 V S84 0'58• 18.5 o . e2 0 0 N S84 '40 ,12.42'2 58"E 0 3.38' r'N 0 02 LOT 6 . b� fib° 337 PENNSYLVANIA AVE. APN 510-43-042/-�APN LOT 5 WHITE 510-46-043 )ET E DOC.#12648300 27' 9 B� rpt ✓��� 9S 0 j \00 . 9,Q BASIS OF BEARINGS v ID 1.aNp J. �fJ 54 8 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 -4 �va N. T. S. ` Q z .06CA. U3 a GLEN RMGEs PARK BLOCK 1 0�. 019 0 r°,t�S J `\ LOT 7 ro• 41 (PORTION) 4o 00�` APN 510-41-064 '� LOT 7 \ j (PORTION) \ 3 Cu n 0) C6 co Lo cn 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 0 0 N 12.42'q : S84 '40 ' 58 -E 0 3.38' SEE DET �j V09 ' . 27'/ BASIS OF BEARINGS dao 337 PENNSYLVANIA AVE. APN 510-43-042 WHITE DOC.#12648300 \ 9 s 4q q T99Scq�� F 6° �9 p° \ 49 THE BEARING OF NORTH 49'12'58" WEST TAKEN ON THE LOT 5 APN 510-46-043 02 �� LAND SVq J. C 4��0 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 OVER1 L66K RD Qi 9 z YgEa v un-- ENNSYLVANIAJ �I (\ --- LAUREL AV 0 iLl 1 li 'I T11 i EXHIBIT B