06 Staff Report - Oka Road Right-of-Way Abandonment and Quitclaim DeedMEETING DATE:6/4/07
ITEM NO:
COUNCIL AGENDA REPORT
DATE:May 24,2007
TO:MAYOR AND TOWN COUNCIL
FROM:DEBRA J.FIGONE,TOWN MANAGER
SUBJECT:OKA ROAD RIGHT-OF-WAY ABANDONMENT AND QUITCLAIM DEED
A.ADOPT RESOLUTION ORDERING THE SUMMARY VACATION OF A
PORTION OF EXCESS RIGHT-OF-WAY ON OKA ROAD
B.ADOPT RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE
QUITCLAIM DEED IN FAVOR OF THE STATE OF CALIFORNIA
RECOMMENDATION:
1.Adopt resolution (Attachment 1)ordering the summary vacation of a portion of excess right-
of-way on Oka Road.
2.Adopt resolution (Attachment 2)authorizing the Mayor to sign the Quitclaim Deed in favor
of the State of California.
BACKGROUND:
When Highway 85 was constructed,the portion of Oka Road that was to be located under the
overpass was moved westerly about 100 feet (Page 1 of Exhibit B of Attachment 1).At the
southerly transition end,the California Department of Transportation (Caltrans)Right-of-Way
agent discovered that over 40 years ago,a portion of the original Oka Road right-of-way was
incorrectly deeded to Santa Clara County,rather than to the Town of Los Gatos.The Town of
Los Gatos had annexed the area approximately a year before the dedication to the County,so the
Town of Los Gatos could not be the successor agency.Last summer,Santa Clara County
quitclaimed the right-of-way to the Town.The quitclaimed area includes a portion of Oka Road
that is currently being used.Now,the Town of Los Gatos must vacate the unused portion of the
right-of-way and quitclaim it back to the State of California (Page 2 of Exhibit B of Attachment
1).
PREPARED BY:KEVIN ROHANI
Interim Director of Parks and Public Works
N:\ENGINEERING\COUNCIL REPORTS\Abandon Oka Rd r-w.doc
Reviewed Town Manager __Town Attorney
__Clerk Administrator __Finance __Community Development
PAGE 2
MA YOR AND TOWN COUNCIL
SUBJECT:OKA ROAD RIGHT-OF-WA Y ABANDONMENT AND QUITCLAIM DEED
MAY 24,2007
DISCUSSION:
The procedure for vacation of public streets and easements is contained in Division 9,Part 3 of
the California Streets and Highways Code,Section 8300,et seq.Section 8313 requires the
procedure under Section 65402 of the California Government Code (CGC)be followed if the
street to be vacated falls under the General Plan of the local agency.CGC Section 65402 gives
the Planning Commission authority to review the vacation for conformance with the adopted
General Plan.In this instance,Oka Road was re-aligned westerly,so the vacation is more of a
technicality than it would be in most other abandonment of right-of-way.
Appendix "A"of the General Plan defines Oka Road as a neighborhood collector.Highway 85
has been constructed for several years,and the new alignment has been used since that time.The
balance of the unneeded former Oka Road alignment was vacated and exchanged with Caltrans
during the Highway 85 design and construction process.Since Oka Road still exists as a
neighborhood collector in its new location,the Planning Commission made the finding on May
23,2007 that the vacation is in conformance with the adopted General Plan.
Section 8330(a)of the Streets and Highways Code gives the local legislative body (Town
Council)the authority to summarily vacate a street that has been superseded by relocation.Since
Oka Road was relocated westerly,a summary vacation is allowed.In a Summary Vacation,no
public hearing is required.Additionally,since the utilities were relocated along with the road,the
Town of Los Gatos will not need to retain a public service easement over the abandoned portion
of the right-of-way.
CONCLUSION:
Caltrans has provided the necessary descriptions and plats (maps)to record the resolution of
summary vacation and quitclaim the unused portion of the Oka Road back to them.Authorizing
the Mayor to sign the quitclaim deed,in addition to the recording of the resolution of vacation of
excess right-of-way,will ensure that the abandoned right-of-way will correctly be transferred
back to Caltrans.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA,and no further action is required.
FISCAL IMPACT:
There are no direct fiscal impacts.The Engineering Program will absorb the cost of their staff
preparing the Planning Commission and Town Council reports.Caltrans staff prepared the legal
descriptions and plats and the recordings are done at no cost to public agencies.
PAGE 3
MA YOR AND TOWN COUNCIL
SUBJECT:OKA ROAD RIGHT-OF-WAY ABANDONMENT AND QUITCLAIM DEED
MAY 24,2007
Attachments:
1.Resolution ordering the Summary Vacation of excess public right-of-way on Oka Road
and authorizing the Mayor to sign the Quitclaim Deed in favor of the State of California.
A.Description to Accompany Summary Vacation
B.Plat to Accompany Summary Vacation (2 pages)
2.Resolution authorizing the Mayor to sign the Quitclaim Deed in favor of the State of
California
A.Quitclaim Deed for a Portion of Oka Road
a.Description to Accompany Quitclaim Deed
b.Plat to Accompany Quitclaim Deed (2 pages)
Distribution:
Kristen L.Schober,District Branch Chief;Local Public Agencies Services;State of California,
Department of Transportation;P.O.Box 23660;Oakland,CA 94623-0660
Ron Denevi,Los Gatos Swim and Racquet Club,14702 Oka Road,Los Gatos,CA 95032
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
P.O.Box 949
Los Gatos,CA 95031
Record without fee pursuant to
Government Code Section 6103
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
VACATING EXCESS PUBLIC RIGHT-OF-WAY
OKAROAD
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 summarily vacate a street or highway and a public service easement that
has been superseded by relocation;and
WHEREAS,the street and the Public Service Easement described in Exhibit A and
depicted in the map contained in Exhibit B hereto has been relocated westerly and their purpose
in this location no longer exists;and
WHEREAS,the proposed vacation does not constitute a project under the California
Environmental Quality Act,and the record before the Council demonstrates that there are no
significant environmental effects from the proposed vacation;and
ATTACHMENT 1
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 street
and Public Service Easement described in Exhibit A and depicted on Exhibit B is vacated
upon the recording of a certified copy of this resolution by the Clerk Administrator with the
County Recorder of Santa Clara County.
2.The Clerk Administrator 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 4th
day of June,2007,by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
EXHIBIT "A"
VACATION OF A PORTION OF
THE FORMER ALIGNMENT OF OKA ROAD
A parcel ofland situated in the Town of Los Gatos,County of Santa Clara,
State of California,being a portion of the 0.23 acre parcel ofland described in deed from
the County of Santa Clara to the Town of Los Gatos,recorded July 28,2006,as
Document No.19039577,Official Records of said County,said portion being more
particularly described as follows:
Beginning at the most northerly comer of said parcel of land;thence
South 58°14'18"East,along the northeasterly line of said parcel ofland,50.01 feet to the
most easterly comer of said parcel ofland;thence South 32°58'56"West,along the
southeasterly line of said parcel of land,203.17 feet to the most southerly comer of said
parcel ofland;thence North 57~9'27"West,along the southwesterly line of said parcel
of land.2.09 feet to a point in the general southeasterly right of way line of the existing
Oka Road;thence northeasterly along said right of way line,on a non-tangent curve to
the left,a radial line of said curve to said point bears South 63°23'46"East,having a
radius of325.00 feet,through an angle of 19°12'15",an arc distance of 108.93 feet.;
thence North 7°23'59"East,continuing along said right of way line,41.82 feet to the
northwesterly line of said parcel of land;thence leaving said right of way line,North
32°58'56"East,along said northwesterly line,60.17 feet to the point of beginning.
CONTAINING 6,025 square feet or 0.138 of an acre,more or less.
The bearings and distances used in the above description are based on the
California Coordinate system of 1927,Zone 3.Multiply the above distanct~s by
].0000537 to obtain ground distances.
This real property description has been prepared by me,or under my direction,in
conformance with the Professional Land Surveyors Act.
Signature /A~
Licensed Land Surveyor
EXHIBIT A
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VACATION OF RIGHT-OF-WA Y
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RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE MAYOR TO SIGN THE
QUITCLAIM DEED
FOR AN UNUSED PORTION OF OKA ROAD
IN FAVOR OF THE
STATE OF CALIFORNIA
WHEREAS,the Town of Los Gatos has summarily vacated an unused portion of Oka
Road in accordance with Streets and Highways Code,Division 9,Part 3,Chapter 4,that has been
superseded by relocation;and
WHEREAS,the adjoining property is owned by the State of California.
NOW,THEREFORE,IT IS RESOLVED that the Mayor hereby authorized to execute
the Quitclaim Deed attached to this resolution as Exhibit A along with appurtenant description
and plats,and the Clerk Administrator is directed to forward the signed and notarized Quitclaim
Deed to the State of California,Department of Transportation for acceptance and recording.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th day
of June,2007 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MA YOR OF THE TOWN OF LOS GATOS
LOS GATOS,CA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
ATTACHMENT 2
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
P.O.Box 949
Los Gatos,CA 95031
Record without fee pursuant to
Government Code Section 6103
QUITCLAIM DEED
PORTION OF OKA ROAD
FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the
TOWN OF LOS GATOS,a California Municipal Corporation,hereby QUITCLAIMS to the
State of California,the following described real property:
Legal Description as per Exhibit "A,"and generally shown on Exhibit "B;"attached
hereto and made a part herein.
TOWN OF LOS GATOS
Joe Pirzynski,Mayor
APPROVED AS TO FORM:
Orry P.Korb,Town Attorney
Notary Acknowledgement Required
DATE:_
DATE:_
EXHIBIT A
EXHIBIT"A"
QUITCLAIM:OF A PORTION OF
THE FORMER ALIGNMENT OF OKA ROAD
A parcel of land situated in the Town of Los Gatos,County of Santa Clara,
State of California,being a portion of the 0.23 acre parcel ofland described in deed from
the County of Santa Clara to the Town of Los Gatos,recorded July 28,2006,as
Document No.19039577,Official Records of said County,said portion being more
particularly described as follows:
Beginning at the most northerly comer of said parcel of land;thence
South 58°14'18"East,along the northeasterly line of said parcel ofland,50.01 feet to the
most easterly comer of said parcel ofland;thence South 32°58'56"West,along the
southeasterly line of said parcel ofland,203.17 feet to the most southerly comer of said
parcelofland;thence North 57°29'27"West,along the southwesterly line of said parcel
ofland.2.09 feet to a point in the general southeasterly right of way line ofthe existing
Oka Road;thence northeasterly along said right of way line,on a non-tangent curve to
the left,a radial line of said curve to said point bears South 63°23'46"East,having a
radius of325.00 feet,through an angle of19°12'15",an arc distance of 108.93 feet;
thence North 7°23'59"East,continuing along said right of way line,41.82 feet to the
northwesterly line of said parcel of land;thence leaving said right of way line,
North 32°58'56"East,along said northwesterly line,60.17 feet to the point ofbeginnillg.
CONTAINING 6,025 square feet or 0.138 of an acre,more or less.
The bearings and distances used in the above description are based on the
California Coordinate system of 1927,Zone 3.Multiply the above distances by
1.0000537 to obtain ground distances.
This real property description has been prepared by me,or under my direction,in
conformance with the Professional Land Surveyors Act.
Signature ~fd~~I2~~~,~_
Licensed Land Surveyor
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