Staff Report.101 Blossom Hill Road Quitclaim Easement
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/16/2021 ITEM NO: 16
DATE: November 11, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Quitclaim a 1947 Sewer Line Easement at
101 Blossom Hill Road
RECOMMENDATION:
Authorize the Town Manager to quitclaim a 1947 sewer line easement at 101 Blossom Hill
Road.
BACKGROUND:
On April 23, 2021, the property owners of the parcel at 101 Blossom Hill Road (Assessor’s Parcel
Number 529-11-036) filed an application to request abandonment of a sewer line easement of
record within the property (Attachment 2). The Grant Deed for the sewer line easement was
recorded May 8, 1947 in Book 1469, Page 599, of the Official Records of the County of Santa
Clara (Attachment 3), which allowed for “the privilege of constructing and maintaining a sewer
line across the easterly portion of that certain property.”
DISCUSSION:
The easement is said to be within the area designated as “CALIF. AUTO ASS’N” on the Record of
Survey recorded July 30, 1965, in Book 198 of Maps, page 2, Santa Clara County Records
(Attachment 4). The deed does not precisely describe the location of this easement. The Town
is identified as one of the parties holding an interest in this 1947 sewer easement due to a
transfer of the lands disclosed by the Grant Deed recorded in 1977 described as portions of the
public street on North Santa Cruz Avenue adjacent to the parcel.
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Quitclaim a 1947 Sewer Line Easement at 101 Blossom Hill Road DATE: November 11, 2021
DISCUSSION (continued):
Submitted as part of the application package is a letter from the West Valley Sanitation District,
dated August 31, 2016, confirming that the sanitary sewer conveyance line for the adjoining
properties does not utilize, nor plan to utilize, the 1947 Grant Deed easement. With the
confirmation from the West Valley Sanitary District, the Town has no public interests and
purpose in maintaining the sewer easement in question at 101 Blossom Hill Road.
The Streets and Highways Code Section 8333(a) permits the legislative body of a local agency,
or any public officer or employee authorized or delegated by the legislative body, to summarily
vacate a public service easement when the easement has not been used for “the purpose for
which it was dedicated or acquired for five consecutive years immediately preceding the
proposed vacation.”
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to quitclaim the 1947
sewer line easement (Attachment 1) as requested by the applicant at 101 Blossom Hill Road
and authorize the Town Clerk to file for recordation.
COORDINATION:
This project has been coordinated with the Town Attorney.
FISCAL IMPACT:
No fiscal impact is anticipated.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act - Section 15305: Minor Alterations in Land Use
Limitations.
Attachments:
1. Easement Quitclaim Deed
2. Request for Abandonment of Easement at 101 Blossom Hill Road
3. Grant Deed, Book 1469 of Official Records, Page 599
4. Record of Survey, Book 198 of Maps, Page 2, Office of the County Surveyor