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Staff Report - Request to Vacate Laurel AveTO: W. H. AVERY, TOWN MANAGER FROM: R. L. WARNICK, DIRECTOR OF PUBLIC WORKS SUBJECT: REQUEST TO VACATE LAUREL AVENUE DATE: JUNE 11, 1980 Attached is a copy of my report of May 13, 1980 which was considered by the Town Council at their meeting of May 19, 1980. The Town Council, at that meeting, continued the hearing to June 16, 1980, and directed the staff to again notify property owners of the advisibility of obtaining private easements if they desired to continue the use of existing driveways. We sent the attached letter dated May 28, 1980 to the affected property owners. Subsequently we have received the attached letter from Mr. Tumey, indicating his concern. I have also been contacted by Mr. Bob Hamsher, a local realtor, who has been trying to assist the property owners in this matter. He indicated that he was endeavoring to have the appropriate easements drawn up, but did not expect them to be completed by the Council's June 16, 1980 meeting. After discussion of the matter, we concluded that it would be appropriate for the Town Council to proceed with the vacation, but to delay the recording until the new easements could also be recorded at the same time. It is therefore recommended that the Town Council at their meeting of June 16, 1980 hear any additional evidence that may be presented, and if they determine it to be proper, that they adopt a resolution ordering the vacation, with direction to the staff that the order not be recorded until it can be accompanied by appropriate driveway easements satisfactory to the Town Engineer. R. L. WARNICK APP0 TOWN MANAGER Director of Public Works COUNCILAGENDA RLW:pm Attachments CC: Regular Distribution Mrs. Lois Chapson Mr. Barney F. Tumey Mr. W. R. Hamsher DA Item VI(E) TO: W. H. AVERY, TOWN MANAGER FROM: R. L. WARNICK, DIRECTOR OF PUBLIC WORKS SUBJECT: REQUEST TO VACATE LAUREL AVENUE DATE: MAY 13, 1980 On April 21, 1980 the Town Council adopted a resolution of intention to vacate a portion of Laurel Avenue between Wissahickon and Fairview Avenue. (A copy of our report dated April 17, 1980 is enclosed.) Subsequently the Notice of Public Hearing on Street Vacation was advertised and posted as required by law and the property owners have paid the $100 processing fee. On May 14, 1980 the Planning Commission will consider whether or not the proposed vacation is consistent with the General Plan. Part of the section of Laurel Avenue proposed to be vacated provides driveway access to several of the abutting properties. (See enclosure.) There are three paved driveways to Fairview Avenue via Laurel Avenue and one unpaved driveway to Wissahickon via Laurel Avenue. It therefore appears that each property owner taking driveway access via Laurel Avenue will require an easement to Fairview Avenue in order to retain legal access over their existing driveways. If the easements cannot be obtained and the existing driveways are to be maintained the section of Laurel Avenue containing these driveways should not be vacated. Copies of this report have been sent to all affected property owners. It is recommended that this matter be referred to the Town Council at their meeting of May 19, 1980 with the recommendation that they hold a public hearing. After the public hearing, if the Council elects to proceed with the vacation, they should adopt a resolution ordering the vacation. /.. APP7 4/ /Co TOWN MANAGER R. L. WARNICK COUNCILAGENDA Director of Public Works 'ige1016ezkne. RLW:kb cc: Abutting Property Owners Regular Distribution DALE ) ITEM VII(A) 1-71<f-4 ' f%. 19V.410 •Ils.•••=p•If 7-Aalh.15 1 )7'e1I1144 1CCATO11-7 ,1 0-4 LA-J,Jrl-t., TO: PROPERTY OWNERS HAVING DRIVEWAYS IN THE PORTION OF LAUREL AVENUE TO BE VACATED FROM: R. L. WARNICK, DIRECTOR OF PUBLIC WORKS SUBJECT: EASEMENT OF PRIVATE DRIVEWAYS DATE: MAY 28, 1980 On May 19, 1980 the Town Council postponed its decision on the proposed vacation of Laurel Avenue to June 16, 1980, to permit property owners with driveways in Laurel Avenue to obtain easements. The need for easements is described as follows: If the Town vacates (gives up its interest in) Laurel Avenue, as proposed, the public right-of-way will become private property. If your present driveway crosses land that will revert to some other property owner, you might lose the right to use it unless you obtain an easement from the owner or owners of the property. To be proper, the easement should be a notarized, recorded document, signed by the owner or owners of record of the property which the driveway crosses. The easements should be recorded before the Town -vacates the affected portion of Laurel Avenue. We recommend that you contact an engineer, an attorney, or a title company to advise you in this matter, and to have the appropriate easement documents prepared. If you have an existing driveway on Laurel Avenue, or feel you will have a future need for driveway access via Laurel Avenue, and are unable to acquire an easement from the owners of the property, please contact us immediately. We would be happy to be of any possible assistance, but the preparation of land descriptions, private deeds of easements, and the giving of special legal advice about your rights as a landowner is beyond what we can properly do. In this context, the most we can do is to caution you that vacation of abandonment of the street might leave you without a recorded right at a location where you might or might not need access. 9//a/144-fee R. L. WARNICK Director of Public Works RLW:pm cc: Town Manager T ,,7n nt t rn2v W.H. AVERY, TOWN MANAGER CITY HALL TOWN OF LOS GATOS LOS GATOS, CA 94030 PRIPIPSED VETATInN LARE; AV I OWN THE PROPERTY COMMONLY KNOWN AS PRNNSYiVANIA AV. FOR APPRnXIMATRLY ELEVEN YEARS I HHVR MNTINEnHSLY LSED AND ENJOYED INGRESS/EGRESS TO THE BACK OF MY FRnPFRTY nVER A PnRTInN nF •LRHREL AV PRESENTLY ERnPnSED A.7-jANDnNMENT. THE FRnP;-;ED ABANDONMENT ADDS NO VALUE TO NY PROPERTY THAT I Dn NnT ALREADY ENJOY. I AGREE WITH MR R. L. WARNICK'S LETTER TO YOU OF MAY 1S, iSSO, THAT THE SECTION OF LARUEL AV OnNTAININn DRIVE- WAYS SHOULD NOT DE ABANDONED. I HAVE Nn OBJECTION Tn THE ABANDONMENT OF ALL nF LAUREL V, IFRN EAsEmINRREIS TAINED nAEnR SS/EnRE;S REr THE BENEFIT Jr THP ADjniNNINn FRIPERTY THE LEGALITY OF EASEMENTS BEING GRANTED Tn PRIVATE PROPERTY OWNERS BY !PRIVATE PROPERTY OWNERS nVER PRnPERTY PRESENTLY IN THE PUBLIC DOMAIN, RS SUGGESTED IN MR R. L.- WARNInK'S LETTER nF MAY 28E: IE QHESTInNABLE. iRDR TNMT PASE r:AREFHLLY nnNSIEABANDOEOF !HUREL AV Tn ADEOHATELY PROTECT THE EXISTING RIGHTS OF ADjnINNINn PRFFERTY nWNERS. RETENTION OF AN EAsEmENT rLr". INnRRSS/PTiRESS nVER PRnTIONS nF LAUREL AV WILL REF:nRAND ilnE TID AWLEDHISORRIGHTS. BARNEY-r. TUNE PO Lox 5:744n SAN MATEO, CA 944C-12 - 5 •-• .iAMSHER HAS IT w. R. HAMSHER, Realtor SUITE 12, LA CANADA BUILDING Oa NORTH SANTA CRUZ AVENUE P. 0. Box 355, Los Gatos, California 95030 Telephone (408) 354-1540 June 10, 1980 TO: Los Gatos Town Council FROM: W. R. Hamsher SUBJECT: Vacation of Laurel Avenue --June 16, 1980 I represent the owners of the following parcels whose prop- erties abut on Laurel Avenue which is proposed to be abandoned. For reference purposes, I refer to Assessor's Parcel Numbers rather than owners. Assessor's Parcel Numbers 510-41-027 to 030, being the four parcels at the Northwesterly end of Laurel Avenue Assessor's Parcel Numbers 510-43-034 to 037, covering the four parcels at the Southeasterly end of Laurel Avenue. Assessor's Parcel Numbers 510-41-036 to 038, being the prop- erties abutting on the Southerly one half of Laurel Avenue. In each instance, adjacent property owners have been contacted and have expressed no interest in the retention of a right-of-way as, in fact, no usable access exists at this time. It is proposed that each block of parcels execute reciprocal rights -of -way over the half street which would result due to the abandonment of Laurel Avenue. All parties are in agreement. Western Title Insurance Company is in process of preparing the necessary right-of-way deeds for execution to take effect upon vacation of Laurel Avenue by the Town of Los Gatos. These rights - of -way will be appurtenant to the respective properties. However, they will not be insurable as this would necessitate an extensive title search going back to 1892. It is felt that the cost would not be justified. It is probable that the final deeds will not be ready for execution by June 16, 1980 as the precise language will have to be reviewed. In the event the deeds are not ready for execution by June 16, 1980, a request will be made for a continuance of any final action on the part of the Los Gatos Town Council. ,�P/ rasher