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AddendumCOUNCIL AGENDA REPORT DATE: NOVEMBER 16, 2015 TO: MAYOR AND TOWN COUNCIL 4wz FROM: LAUREL PREVETTI, TOWN MANAGER MEETING DATE: 11/17/15 ITEM NO: 6 ADDENDUM 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. REMARKS: After the initial staff report was distributed on November 12, 2015, West Valley Sanitation District (WVSD) e-mailed Town staff to inform them WVSD had changed their Public Service Easement/Public Utility Easement reservation need from 10 feet to 8 feet. The revised attached resolution (Attachment 2) reflects this width change for the requested easement. It is standard for West Valley Sanitation to reserve easement rights. There is current plan for use of the easement rights. Additionally, following the initial staff report distribution, staff received the following question from a Council Member: Question: Exhibit B: At what point does the "alley" terminate? Answer: The alley terminates at the back of 345 and 337 Pennsylvania Avenue. These properties back up to another property that is the abandoned unimproved section of Laurel Avenue. This property is wooded and hilly. The access through this old alley is difficult and easy access exists along the length of the property from Wadsworth Avenue. PREPARED BY: MATT MORLEY Director of Parks and Public Wor s Reviewed by: it tiAssistant Town Manager Town Attorney PG Finance PAGE MAYOR AND TOWN COUNCIL 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. NOVEMBER 16, 2015 Attachment 1 (Previously received with Staff Report on November 12 2015)• 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. Attachment received with this Addendum: 2. Revised 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. 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: 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 8' 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 2 PASSED AND ADOPTED at a regular meeting of the Town Council held on the l 7th 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