Desk Item.Item #12 - 4 New York Ave Grant Agreement
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Attorney, Director of Parks and Public Works, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022 ITEM NO: 12 DESK ITEM
DATE: October 4, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga
Union High School District and Authorize the Town Manager to Negotiate and
Execute the 4 New York Avenue Grant Agreement and All Documents Needed
to Complete the Transaction in a Form Acceptable to the Town Attorney
REMARKS:
Attachment 4 contains public comment received between 11:01 a.m., Monday, October 3,
2022, and 11:00 a.m., Tuesday, October 4, 2022.
Attachments received with the Staff Report:
1. Resolution Granting 4 New York Avenue
2. 2016 Resolution Declaring 4 New York Avenue Surplus
3. Draft Grant Agreement with Exhibit A - Property Description and Exhibit B - LGSUHSD
Proposal
Attachments received with this Desk Item:
4. Public comment received between 11:01 a.m., Monday, October 3, 2022, and 11:00 a.m.,
Tuesday, October 4, 2022
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San Jose Water Company
1265 S. Bascom Avenue San Jose, CA 95128-3514
Writer’s Direct Line: (408) 918-7296
Email: Scott.hoffman@sjwater.com
October 3, 2022
Town of Los Gatos Town Council and City Staff
Re: Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney
Dear Council Members and Staff;
San Jose Water Company (SJW) has owned property at the westerly terminus of
New York Avenue since 1906. Initially, this property was used as a ground water production site. The wells have since been retired. A portion of the property is currently in beneficial use for a water supply pressure regulator station to serve a large part of the Town of Loas Gatos.
In addition, another portion of the property has been and continues to be leased to Boy Scout Troop #2 for a nominal sum per year.
The SJW property is essential for operation of the SJW water system and continued
access via New York Avenue is important. In addition, SJW has essential
transmission and distribution pipelines within New York Avenue including 12”, 21” and 24” diameter pipelines. As SJW continues to make improvements to our system, these pipelines and appurtenances will need to be continually maintained and eventually replaced.
Finally, any reduction in access rights or underground utility rights would impair the value of the SJW property.
We recommend and would appreciate the Town’s consideration of SJW needs for continued use of New York Avenue for access and maintenance of underground
utilities. Given the age, evolution and complexity of property and property rights within and in the vicinity of New York Ave., it would be prudent for a record of survey to be completed. At a minimum SJW would require a reservation of the full ROW extent as a Public Utility Easement (PUE), Public Service Easement (PSE) and full
ATTACHMENT 4
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unipaired rights for ingress and egress to our facilities and whatever else can be part of the vacation to afford SJW a guarantee that no encroachment into the vacated ROW can occure without express acceptance from SJW. We expect a thorough evaluation and hope that the Town will provide a reservation of easement for
continued access to the SJW property and a reservation of a public service
easement covering the full width of New York Avenue with any quitclaim of New York Avenue to the Los Gatos High School. If you have any questions, you may contact me by phone at 408-918-7296 or by
email at Scott.Hoffman@sjwater.com.
Sincerely,
Hoffma
n, Scott
Digitally signed
by Hoffman, Scott
Date: 2022.10.03
13:40:02 -07'00'
Scott Hoffman Manager of Property & Permit Services
Cc: Bill Tuttle, VP of Engineering, SJWC Ed Lambing, Chief Engineer, SJWC