Item 14 Staff Report Adopt Resolution Vacating Excess Public Right-of-Way on Roberts Road (West), Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highway Code (Summary Vacation).COUNCIL AGENDA
DATE: 10/2/95
ITEM NO/ V
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 22, 1995
TO: MAYOR AND TO V I COUNC
FROM: TOWN MANAGER(
SUBJECT: ADOPT RESOLUTION VACATING EXCES§PUBLIC RIGHT-OF-WAY ONBOB.ER_TS
ROAD . (.IDLEST), PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE (SUMMARY VACATION).
RECOMMENDATION:
Adopt resolution vacating excess public right-of-way on Roberts Road (West), pursuant to Division 9, Part 3,
Chapter 4 of the California Streets and Highways Code (Summary Vacation).
BACKGROUND:
The Planned Development Ordinance for 300 Blossom Hill Road includes conditions that allow the Town to
close the Roberts Road Bridge or make it one-way. In order to close the bridge to vehicular traffic or make
the bridge one-way eastbound, a vehicle turnaround would be needed on the east side of the bridge. A
condition is included requiring an irrevocable offer of dedication for a cul-de-sac.
Last year, the Town Council chose to make the Roberts Road Bridge one lane. Stop signs were placed on
either side of the bridge, and a lane was striped for pedestrians. This street design eliminates the need for
a dedication.
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN %-J
PLANNING DIRECTOR kU
LEB:BL:TD 9/22/95 4:42 pm
N:IDEVICNCLRPTS1300BHR2.VAC File #
DV20:1CNCLRPTS1300-BH R.VAC
ATTACHMENTS: (See Page 2 for list of Attachments)
DISTRIBUTION: (See Page 2 for Distribution List)
Reviewed by:
Treasurer
Attorney
Clerk Finance
COUNCIL ACTION/ACTION DIRECTED TO:
AVE
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SUMMARY VACATION ON ROBERTS ROAD (WEST)
September 22, 1995
CONCLUSION:
Staff recommends that Council adopt the attached resolution ordering the summary vacation of approximately
1,600 square feet of two properties that are burdened by an irrevocable offer of dedication.
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project is Categorically Exempt pursuant to Section 15301 of the State
Environmental Guidelines as adopted by the Town.
FISCAL IMPACTS:
The applicant has paid the $850 application fee and the $550 processing fee to Account No. 3190-46010,
Receipt No. 57830, posted 9/22/95. These fees will cover the cost of processing the abandonment.
ATTACHMENTS:
1. Resolution
a. Description of right-of-way to be abandoned on Lot 4, Tract No. 8280
b. Description of right-of-way to be abandoned on Lot 5, Tract No. 8280
c. Plat showing right-of-way to be abandoned on Lots 4 and 5, Tract No. 8280
DISTRIBUTION:
Elaine Voulgares, SummerHill Homes, 777 California Avenue, Palo Alto, CA 94304
Sheldon Satnick, Comerica Bank -California, 55 Almaden Boulevard, San Jose, CA 95113
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95030
RECORD WITHOUT FEE UNDER
GOVERNMENT CODE SECTION 6103
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING PUBLIC RIGHT-OF-WAY AT
108 AND 110 OHLONE COURT (TRACT NO. 8280--300 BLOSSOM HILL ROAD)
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
(SUMMARY VACATION)
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Streets and Highways Code, Division 9, Part 3, Chapter 4, permits the Town
of Los Gatos to vacate excess public right-of-way if that right-of-way has not been used for the
purpose for which it was dedicated; and
WHEREAS, the offer of public right-of-way described in Exhibits A and B hereto and
depicted in the map contained in Exhibit C has never been used for any public right-of-way purpose,
although offered for dedication over three years ago; and
WHEREAS, the Town has determined that there are no public utilities in the right-of-way
to be vacated; and
D V20:1RES OS\300-BH R.RSO
N:1DEV\CNCLRPf S\300-BHR.RSO
ATTACHMENT 1.
WHEREAS, the proposed vacation does not constitute a project under the California
Enviornmental Quality Act, and the record before the Council demonstrates that there are no
significant enviornmental effects form the proposed vacation; 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 Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the offer of
public right-of-way easement described in Exhibits A and B and depicted on Exhibit C 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. The Town Clerk is directed to record a certified copy of this resolution with the County
Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd day
of October 1995, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
D V20:1RBSOS1300-BH R.RSO
N:\DBVICNCLRPTSl300-BHR.RSO
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
PAGE 2
PLEASE RECORD AND RETURN TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95030
RECORD WITHOUT FEE UNDER
GOVERNMENT CODE SECTION 6103
RESOLUTION 1995 -136
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING PUBLIC RIGHT-OF-WAY AT
108 AND 110 OHLONE COURT (TRACT NO. 8280--300 BLOSSOM HILL ROAD)
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
(SUMMARY VACATION)
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Streets and Highways Code, Division 9, Part 3, Chapter 4, permits the Town
of Los Gatos to vacate excess public right-of-way if that right-of-way has not been used for the
purpose for which it was dedicated; and
WHEREAS, the offer of public right-of-way described in Exhibits A and B hereto and
depicted in the map contained in Exhibit C has never been used for any public right-of-way purpose,
although offered for dedication over three years ago; and
WHEREAS, the Town has determined that there are no public utilities in the right-of-way
to be vacated; and
WHEREAS, the proposed vacation does not constitute a project under the California
Enviornmental Quality Act, and the record before the Council demonstrates that there are no
significant enviornmental effects form the proposed vacation; 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 Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the offer of
public right-of-way easement described in Exhibits A and B and depicted on Exhibit C 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. The Town Clerk is directed to record a certified copy of this resolution with the County
Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd day
of October 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, StevenBlanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
r i y4NI ULJO
Civil Engineering Associates
Civil Engineers • Planners • Surveyors
Peter B. McMorrow. P E.
Donald V Utt
FUTURE STREET DEDICATION LOT 4
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF L05 GATOS, COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
COMMENCING AT TNT MOST NORTHWESTERLY CORKER OF PARCEL •D• AS SHOWN UPON
THAT CERTAIN RECORD OF SURVEY RECORDED IN BOOK 151 OF MAPS AT PAGES 36
AND 37, RECORDS OF SAID SANTA CLARA COUNTY, SAID CORNER ALSO BEING AM
ANGLE POINT IN THE CENTERLINE OF ROBERTS ROAD AS SHOWN UPON THAT
CERTAIN DEED OF RIGHT OF WAY RECORDED OCTOBER 8, 1892 IN BOOK 149 OF
DEEDS PAGE 452;
THENCE SOUTHERLY ALONG THE CENTERLINE OF ROBERTS ROAD AS SHOWN UPON
SAID DEED OF RIGHT OF WAY THE FOLLOWING COURSES, SOUTH 11°47'50' WEST A
DISTANCE OF 166.99 FEET TO AN ANGLE POINT;
THENCE SOUTH 11'49'50' WEST A DISTANCE OF 99.99 FEET TO AM ANGLE POINT;
THENCE SOUTH 15°49'S0' WEST A DISTANCE OF 93.00 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 74 10'10' EAST A DISTANCE OF 8.00
FEET;
THENCE SOUTH 15'49'50' WEST AND PARALLEL WITH THE CENTERLINE OF SAIO
ROBERTS ROAD A DISTANCE OF 203.53 FEET:
THENCE SOUTH 74°10'10' EAST A DISTANCE OF 28.00 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE WESTERLY HAYING A RADIUS 96.00 FEET;
THENCE SOUTHERLY ALONG LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF
19`04'19' AN ARC DISTANCE OF 31.96 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTHERLY ALONG LAST MENTIONED CURVE THROUGH A
CENTRAL ANGLE OF 26.17'14' AN ARC DISTANCE OF 44.04 FEET;
THENCE SOUTH 75°12'27' EAST A DISTANCE OF 32.48 FEET TO A POINT IN A
NON TANGENT CURVE CONCAVE WESTERLY HAYING A RADIUS OF 37.00 FEET;
THENCE NORTHERLY ALONG LAST MENTIONED CURVE FROM A RADIAL THAT BEARS
NORTH 57'55'56' WEST THROUGH A CENTRAL ANGEL OF 60"52'23' AN ARC
DISTANCE OF 39.32 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 649 SQUARE FEET MORE OR LESS.
EXil81T 'A'
1641 N. First Street • Suite 280 • Son Jose. CA 95112 • (408) 452-1066
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Civil Engineering Associates
Civil Engineers • Planners • Surveyors
Peter B. trtcwtonow. P.E.
Doncict V. Utz
FUTURE STREET DEDICATION LDT 5
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF LDS GATOS COUNTY
OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORKER OF F PARCEL
'D' AS SHOWN
S
THAT CERTAIN RECORD OF SURVEY RECORDED IN 151
AND 37, RECORDS OF SAID SANTA CLARA COUNTY, SAID CORNER ALSO BEING AM
ANGLE POINT IN .THE CENTERLINE OF ROBERTS ROAD AS SHOWN UPON THAT
CERTAIN DEED OF RIGHT OF WAY RECORDED OCTOBER 8, 1892 IN BOOK 149 OF
DEEDS PAGES 452;
THENCE SOUTHERLY ALONG THE CENTERLINE OF ROBERTS ROAD AS SHOWN UPON
SAID DEED OF RIGHT OF WAY THE FOLLOWING COURSES, SOUTH 11°47'50' WEST A
DISTANCE OF 166.99 FEET TO AN ANGLE POINT;
THENCE SOUTH 11'49'50' WEST A DISTANCE OF 99.99 FEET TO AN ANGLE POINT.
THENCE SOUTH 15°49'50' WEST A DISTANCE OF 93.00 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 74°10'10' EAST A DISTANCE OF 8.00
FEET;
THENCE SOUTH 15°49'50' WEST AND PARALLEL WITH THE CENTERLINE OF SAID
ROBERTS ROAD A DISTANCE OF 203.53 FEET;
THENCE SOUTH 74°10'10' EAST A DISTANCE OF 28.00 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS 96.00 FEET;
THENCE SOUTHERLY ALONG LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF
45`21'33' AN ARC DISTANCE OF 76.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 75°12'27' EAST A DISTANCE OF 32.48 FEET TO A POINT IN A
NON TANGENT CURYE CONCAVE WESTERLY HAYING A RADIUS OF 37.00 FEET;
THENCE SOUTHERLY ALONG LAST MENTIONED CURYE FROM A RADIAL THAT BEARS
NORTH 57°55'56' WEST THROUGH A CENTRAL ANGLE OF 111°48'05' AN ARC
DISTANCE OF 72.20 FEET TO A POINT OF CUSP IN A CURVE CONCAVE WESTERLY
HAYING A RADIUS OF 96.00 FEET;
THENCE NORTHERLY ALONG LAST MENTIONED CURVE FROM A RADIAL THAT BEARS
NORTH 9`51'20' WEST THROUGH A CENTRAL ANGLE OF 18°57'17' AN ARC
DISTANCE OF 31.76 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 960 SQUARE FEET MORE OR LESS.
EXHE Tr 'B'
1641 N. First Street • Suite 280 • San Jose. CA 95112 • (408) 452-1066
NV- 1°4° M � o 4 Q�`
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CIVIL ENGINEERING ASSOCIATES
CIVIL ENGINEERS : PLANNERS : SURVEYORS
1641 N. First Stseet • Sumo 210 • Sal Jove. C.A 95112 • ice) 452 1065
BY : DATE: c/L•;E(r
SCALr : - {''=)
J08 NO. SHT NO
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County
of Santa Clara at 110 E. Main Street, Los Gatos, California, 95032.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing
of correspondence for mailing with the United States Postal Service and that correspondence is deposited
with the United States Postal Service that same day in the ordinary course of business.
3. On October 9, 1995 I mailed at Los Gatos, California a true and correct copy of the
attached TOWN OF LOS GATOS RESOLUTION in a sealed envelope, with postage fully prepaid,
addressed as:
Elaine Voulgares
SummerHill Homes
777 California Avenue
Palo Alto, Ca 94304
4. I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on October 9, 1995.
Mar n
Executive A sip ant/Senior Deputy Clerk
Town of Los atos
110 East Main Street
Los Gatos, CA 95032
c:lproof
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TOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
PROOF OF SERVICE
(by Mail)
I, MarLyn J. Rasmussen, declare:
1. I am over the age of 18 years, not a party to this action, and am employed in the County
of Santa Clara at 110 E. Main Street, Los Gatos, California, 95032.
2. I am readily familiar with the Town of Los Gatos' practice for collection and processing
of correspondence for mailing with the United States Postal Service and that correspondence is deposited
with the United States Postal Service that same day in the ordinary course of business.
3. On October 9, 1995 I mailed at Los Gatos, California a true and correct copy of the
attached TOWN OF LOS GATOS RESOLUTION in a sealed envelope, with postage fully prepaid,
addressed as:
Sheldon Satnick
Comerica Bank - California
55 Almaden Blvd.
San Jose, CA 95113
4. I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on October 9, 1995.
MarL en
Executive A tan enior Deputy Clerk
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95032
c:lproof
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
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RESO/ORD NUMBER: 19% /8.6
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DATE
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LIST IN BOOK
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ON DISC OR SHARE. FORM SENT TO DEPT.
4L'1 1P-1''
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
-
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,
MAIL TO DISTRIBUTION LIST
NO.of COPIES:'-.11',(,)_,
..._
PROOF OF MAILING PREPARED
/./f
SIGN BY CLERK/SEAL
POSTED
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE
cik:d16:lother1ordrd2
October 2, 1995
Los Gatos, California
CLAIM DENIAL/EUGENE ATCHESON (06.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny claim of Eugene Atcheson
for alleged emotional distress occurring on June 28, 1995. Carried unanimously.
AMICUS/BUILDING INDUSTRY ASSOCIATION/CITY OF LIVERMORE (07.01)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize amicus participation
in BIA of Northern California v. City of Livermore, First District, Court of Appeals, Case
A070517 at no cost to the Town. Carried unanimously.
MURAL PROJECT/FORBES MILL FOOTBRIDGE/BUDGET AMENDMENTS (09.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize Town operating budget
amendment to include Forbes Mill Footbridge Mural Project grant donations and related
expenditures. Carried unanimously.
PARK COMMISSION/STUDENT APPOINTMENTS/MINDY ROBERTS/MIKE METTEE (10.20)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council affirm Student Park
Commissioner Appointments for Mindy Roberts and Mike Mettee. Mrs. Lubeck noted the
students' attendance this evening and recognized them in the audience. Carried unanimously.
FINANCIAL REPORT AWARD/CERTIFICATE OF ACHIEVEMENT (11.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on Award of
Financial Reporting Achievement to the Town Manager. Carried unanimously.
ROBERTS ROAD/SUMMARY VACATION/RIGHT-OF-WAY/RESOLUTION 1995-136 (14.44)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-136
entitled, RESOLUTION OF THE TOWN OF LOS GATOS VACATING PUBLIC RIGHT-OF-
WAY AT 108 AND 110 OHLONE COURT (TRACT 8280--300 BLOSSOM HILL ROAD)
PURSUANT TO DIVISION 9. PART 3. CHAPTER 4 OF THE CALIFORNIA STATE STREETS
AND HIGHWAYS CODE (SUMMARY VACATION). Carried unanimously.
DOWNTOWN PARKING/TIME LIMITS/RESOLUTION 1995-137 (15.42)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING DOWNTOWN
STREET PARKING TIME LIMITS FROM ONE HOUR TO TWO HOURS. Carried
unanimously.
BELLA VISTA WAY 371/PROPERTY DEVELOPMENT/ORDINANCE (16.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item to October
16, 1995 Council meeting for reintroduction of revised ordinance. Carried unanimously.
VILLA VASONA/BOND REFUNDS/SUBORDINATION/RESOLUTION 1995-138 (16A.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-138
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
EXECUTE A SUBORDINATION AGREEMENT FOR VILLA VASONA TO PERMIT
REFUNDING OF HOUSING AND URBAN DEVELOPMENT AND COUNTY OF SANTA
CLARA BONDS. Carried unanimously.
TC: D7: MM100295
3