Staff Report with attachment
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Interim Finance Director, and
Acting Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/02/2022 ITEM NO: 15
DATE: July 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Summarily Vacating Public Utility Easement at 112 Wilder
Avenue and 115 North Santa Cruz Avenue
RECOMMENDATION:
Adopt a resolution summarily vacating public utility easement (PUE) at 112 Wilder Avenue and
115 North Santa Cruz Avenue.
BACKGROUND:
A seven-foot wide PUE within the property located at 112 Wilder Avenue, Accessor’s Parcel
Number (APN) 510-17-103, was dedicated to the Town of Los Gatos for the purpose of
providing electric service through the property from a Pacific Gas and Electric (PG&E) joint pole
on Victory Lane Alley to a PG&E streetlight on Wilder Avenue. The Grant of Easement for the
dedication was recorded at the Santa Clara County Clerk-Recorder’s Office on December 1,
1981, as Document Number 7224823.
Through a Certificate of Lot Line Adjustment recorded on September 24, 2008, as Document
Number 19997560, the property line between 112 Wilder Avenue and 115 North Santa Cruz
Avenue (APN 510-17-102) was adjusted along Victory Lane Alley, which resulted in this PUE
existing within both parcels.
The property owners of 112 Wilder Avenue have requested that certain portions of the PUE
over their building structure be vacated as PG&E reroutes the electric service away from their
building space.
PAGE 2 OF 2 SUBJECT: Adopt a Resolution Summarily Vacating Public Utility Easement at 112 Wilder Avenue and 115 North Santa Cruz Avenue DATE: July 19, 2022
DISCUSSION:
Staff has reviewed the documents provided with the Request for Abandonment of Easement
application and has verified that the portion of PG&E streetlight electrical service through 112
Wilder Avenue and 115 North Santa Cruz Avenue within the area of the abandonment request
has been relocated. Utility companies with services within the area were notified of the
request for the vacation. The Town has received responses from PG&E, San Jose Water
Company, Comcast, Verizon, and West Valley Sanitation District with no objections. Staff has
determined that this PUE is no longer necessary for future public purpose.
In accordance with the California Streets and Highways Code Section 8333, the legislative body
of a local agency or any public officer or employee authorized by the legislative body may
summarily vacate a public service or utility easement, if the easement has been superseded by
relocation, or determined to be excess by the easement holder, and there are no other public
facilities located within the easement.
CONCLUSION:
Adopt a resolution (Attachment 1) to vacate a specified portion of PUE at 112 Wilder Avenue
and 115 North Santa Cruz Avenue as described in Exhibit “A” and depicted on the plat map on
Exhibit “B” of this resolution. Once adopted, the Town Clerk would be authorized to file the
resolution with the Santa Clara County Clerk-Recorder’s Office for recordation.
ENVIRONMENTAL ASSESSMENT
The proposed summary vacation of PUE is categorically exempt from review under the
California Environmental Quality Act (CEQA) Guidelines, Section 15305, Minor Alterations in
Land Use Limitations.
FISCAL IMPACT:
No material fiscal impact is anticipated.
Attachments:
1. Resolution with legal description and plat map
RECORDING REQUESTED BY: Town of Los Gatos
WHEN RECORDED MAIL TO: Town Clerk Town of Los Gatos
110 E. Main Street Los Gatos, CA 95030
Record without fee pursuant to Government Code Section 6103
SUMMARY VACATION OF PUBLIC UTILITY EASEMENT
112 Wilder Avenue and 115 North Santa Cruz Avenue Los Gatos, CA 95030 APN 510-17-103 and 510-17-102
Attachment 1
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUMMARILY VACATING PUBLIC UTILITY EASEMENT AT 112 WILDER AVENUE AND
115 NORTH SANTA CRUZ AVENUE
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easements Vacation
Law, commencing with Streets and Highways Code Section 8330 et seq., provides the process for
summary vacation of streets and public service easements; and
WHEREAS, the seven-foot wide public utility easement within the property located at 112
Wilder Avenue, was dedicated to the Town of Los Gatos for the purpose of providing electric
service from a PG&E joint pole on Victory Lane Alley to a PG&E street light on Wilder Avenue;
and
WHEREAS, the Grant of Easement for the dedication was recorded at the Santa Clara
County Clerk-Recorder’s Office on December 1, 1981, as Document Number 7224823; and
WHEREAS, a Certificate of Lot Line Adjustment between properties at 112 Wilder Avenue
and 115 North Santa Cruz Avenue was recorded on September 24, 2008, as Document Number
19997560, which resulted in this public utility easement existing within both parcels; and
WHEREAS, PG&E relocated a portion of the street light electrical service within the area
of the abandonment of easement request from the property owners of 112 Wilder Avenue to
clear their building structure; and
WHEREAS, no utilities or public improvements now exist in public utility easement
particularly described herein in Exhibit “A” attached to this resolution and depicted on the plat
map attached as Exhibit “B” to this resolution, and the public convenience and necessity do not
require reservation of this portion of the easement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that
the summary vacation is made under the authority of California Streets and Highways Code
Chapter 4 of part 3 of Division 9, commencing at Section 8330 et. seq.; and
BE IT FURTHER RESOLVED that public utility easement has been superseded by relocation
and there are no other public facilities located within this portion of easement described herein
on Exhibit “A” and depicted on the plat map attached as Exhibit “B”; and
BE IT FURTHER RESOLVED that Section 8333 of the Streets and Highways Code authorizes
the Town Council or any public officer or employee authorized by the legislative body to
summarily vacate public service utilities easements when the easement has been superseded by
relocation and there are no other public facilities located within the easement; and
BE IT FURTHER RESOLVED that based upon the findings of this resolution and the
provisions of Section 8333 of the Streets and Highways Code, the Town Council hereby order that
the public utility easement as shown on the attached map shall be and hereby summarily
vacated; and
BE IT FURTHER RESOLVED that from and after the date this Resolution is recorded, the
public utility easement vacated no longer constitutes a public easement; and
BE IT FURTHER RESOLVED that The Town Clerk is hereby authorized to record at the Santa
Clara County Clerk-Recorder’s Office a certified copy of this Resolution including the Exhibits; and
BE IT FURTHER RESOLVED that the Council finds that the summary vacation of the public
service easement is exempt from review under the California Environmental Act pursuant to Title
14 California Code of Regulations section 15305 as a minor alteration in land use limitations.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd of August
2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ENWW
SWSSENNEEXHIBIT