06 Staff Report - 530 Santa Rosa Drive
DATE: TO: FROM: COUNCIL AGENDA REPORT October 15, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 10/18/04 ITEM NO. 6 CORRECTION SUBJECT: ADOPT RESOLUTION ORDERING
THE SUMMARY VACATION OF A TWENTY (20) FOOT PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT WITHIN THE PROPERTY LOCATED AT 530 SANTA ROSA DRIVE (APN: 527-56-011) PREPARED BY: Previously distributed
copies of the report had several pages that were missing. Attached is the corrected and complete report for Item #6. DEBRA J. FIGONE Town Manager v 0 N:\MGR\AdminWorkFiles\cnclrpts\
l O.18Correction.6.wpd Reviewed by: __Assistant Town Manager __Town Attorney __Clerk.__Finance __Community Development Revised: 10/15/04 3:07 pm Reformatted: 5/30/02
DATE: TO: FROM: COUNCIL AGENDA REPORT OCTOBER 13, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETINGDATE: 10/18/04 ITEM NO. 0 SUBJECT: ADOPT A RESOLUTION
ORDERINGTHE SUMMARYVACATION OFA TWENTY (20) FOOT PEDESTRIAN AND EQUESTRIAN EASEMENT WITHIN THE PROPERTY LOCATED AT 530 SANTA ROSA DRIVE (APN: 527-56-011) RECOMMENDATION: Adopt a
resolution ordering the summary vacation of a twenty (20) foot Pedestrian and Equestrian Trail Easement within the property located at 530 Santa Rosa Drive (APN: 527-56-011). BACKGROUND:
In 1979, the map for Tract No. 6309 was recorded that created 530 Santa Rosa Drive. When this lot was created, a twenty foot pedestrian and equestrian easement was also created. The
trail that the easement was created for was never constructed. The new development by Greenbriar Homes Communities at the northwest comer of Hicks and Shannon Roads (Tract No. 9505 -Shannon
Valley Ranch) has been approved to construct a portion oftrail through the new development, and a a realignment of the trail within the property at 530 Santa Rosa Drive is necessary.
DISCUSSION: The Shannon Valley Ranch Planned Development (DEV-99-002) of Greenbriar Homes was approved by the Town Council on March 18, 2002 by Ordinance 2097. Since the pedestrian and
equestrian trail is being constructed through the new development, the developer is requesting that the existing easement that affects the property at 530 Santa Rosa Drive be vacated.
An easement for the trail in the new location has been dedicated by Mr. Leupp, the owner ofthe 530 Santa Rosa Drive property (Exhibit A). PREPARED BY: OHN E. CURTIS irector
of Parks and Public Works Reviewed by: Town Manager __Clerk ::X:......Finance ----lL..-Community Development Revised: 10/13/04 1:43 pm Reformatted:
5/30/02 N:\B&E\COUNCIL REPORTS\Abandon-Santa Rosa 530.revised.wpd
PAGE 2 SUBJECT: EASEMENT VACATION AT 530 SANTA ROSA DRIVE October 13,2004 Greenbriar Homes Communities has submitted the required application,
paid the appropriate fees, and provided a legal description and plat ofthe area to be vacated (Exhibit B). CONCLUSION: Vacating this easement will reduce the encumbrance on the property
located at 530 Santa Rosa Drive. The new trail easement will connect the homes on Santa Rosa Drive with the trail system being constructed on the Shannon Valley Ranch proj ect. ENVIRONMENTAL
ASSESSMENT: This is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Greenbriar Homes Communities has paid the following: Abandonment Application Fee
$ 344.00 Abandonment Processing Fee $1,370.00 Attachments: Resolution to Vacate Pedestrian and Equestrian Trail Easement (with Exhibits A and B) A. Description to Accompany Vacation
B. Plat to Accompany Vacation Distribution: Katja Kamangar, Greenbriar Homes Communities, Inc., 43160 Osgood Road, Fremont, CA 94539 Sue Dillon, Project Surveyor, McKay & Somps, 1955
The Alameda, San Jose, CA 95126-1484 Alex M. Leupp, 530 Santa Rosa Drive, Los Gatos, CA 95032
PLEASE RECORD AND RETURN TO: Town Clerk Town ofLos Gatos P.O. Box 949 Los Gatos, CA 95030 RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTION 6103RESOLUTION RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS FOR A SUMMARY VACATION OF A TWENTY (20) FOOT "PEDESTRIAN AND EQUESTRIAN TRAIL" EASEMENT ON 530 SANTA ROSA DRIVE (APN: 527-56-011) PURSUANT TO DNISION 9, PART
3, CHAPTER 4 OF THE CALIFORNIA STATE STREETS AND HIGHWAYS CODE (SUMMARY VACATION) RESOLVED, by the Town Council of the Town ofLos Gatos California, that: WHEREAS, Streets and Highways
Code, Division 9, Part 3, Chapter 4, permits the Town ofLos Gatos to vacate excess Pedestrian and Equestrian Trail Easement that easement has not been used for the purpose for which
it was dedicated; and WHEREAS, the offer ofPedestrian and Equestrian Trail Easement described in Exhibit A hereto and depicted in the map contained in Exhibit B has never been used for
any trail easement purpose, although offered for dedication more than twenty five years ago; and WHEREAS, the Town has determined that there are no public utilities or services in the
easement to be vacated; and N:\B&E\COUNCIL REPORTS\Abandon-Santa Rosa 530.revised.wpd
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 WHEREAS, the proposed vacation is consistent with the Town ofLos 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, ofDivision 9 ofthe Streets and Highways Code, the Pedestrian and Equestrian Easement described in Exhibit A and
depicted on Exhibit B 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 COlillty. PASSED AND ADOPTED at a regular meeting ofthe Town Council held on the 18th day of October
2004, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS,
CALIFORNIA N:\B&E\COUNCIL REPORTSlAbandon-Santa Rosa 530.revised.wpd 2
,J: REQUESTED BY WHEN RECORDED MAIL TO: TOWN CLERK TOWN OF LOS GATOS P.O. BOX 949 LOS GATOS, CA 95030 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO:
SAME AS AI;lOVE The undersigned grantDr(s) declare(s): CllYTRANSFER TAX $ N/A DOCUMENTARY TRANSFER TAX $ N/A SURVEY MONUMENT FEE $ Computed on the consideration or value of property
conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. APN: 527-56-011 EASEMENT DEED FORA VALUABLE CONSIDERATION, receipt of which
is hereby acknowledged, Alex M. Leupp, Sr. and Suzy Leupp, Husband and Wife hereby grants to: THE TOWN OF LOS GATOS, a California Municipal Corporation the real property in the Town
of Los Gatos, County of Santa Clara, State of California, described as A4 H. Alex M. Leupp, Sr. By: -............
BY: }ss } STATE OF CALIFORNIA COUNTY OF .r "FOR LEGAL DESCRIPTION SEE EXHIBIT
"A" ATIACHED HERETO AND MADE A PART HEREOF Dated: A-tLJ. /r2-r r :pe n" own e (or proved 0 me on the basis of satisfactory evidence) to be the person(s) whose
subscribed to the within instrument and ackno¥"ledged to me executed the same in authorized capacity(ies), and that by tJi&!Aer/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the.instrument. WITNESS seal. ." 'C:" SOMrurn._
(This area for official nolarial seal) Exhibit A
EXHIBIT "A" DESCRIPTION 15432-1 9/30/02 Rev. 5/21/04 S.D. 20.00 Foot Public and Trail Easement Over a Portion of Lot 14 of Tract No. 6309, Alta Vista Unit No.1; to be
Conveyed to the Town ofLos Gatos All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California, being an easement of a· uniform width of
20.00 feet for the installation and maintenance of public utilities, and for pedestrian and equestrian ingress-egress purposes under, on, or over that certain parcel of land, the Easterly
line ofwhich is described as follows: BEGINNING at the most Northeasterly corner ofLot 14 of Tract No. 6309, a map of which was filed for record iIi Book 436 of Maps pages 22 -31,
Santa Clara County Records; said p'oint lying on the Southerly line of Santa Rosa Drive as shown on said map; thence from said POINT OF BEGINNING along the Easterly line of said Lot
14 SOoo14'19'E 70.00 feet to the terminal point ofthe Easterly line herein being described. Said easement is bound on the North by the Southerly line of Santa Rosa DrivC\,.. and on the
South by a line that is at right angles to said Easterly line of Lot 14. Prepared by the firm of MACKAY & SOMPS
CALIFORNIA SHANNON VALLEY RANcH as GATOS PLAT TO ACCOMPANY DESCRIPTION 20· PUBLIC UTILllY & TRAIL EASEMENT OVER A PORTION OF LOT 14 OF TRACT NO. 6309 _ ... CIVIL ENGINEERS. INC. CML
ENGINEERING-lAND PlANNING-lAND SUR'IEYlNG 1955 Tl1E ALAMEDA, SAN JOSE, CA 9512.6 PH:(4(8) 985-0960 \ \ I \ \ I I I \ \ I /I \ \ I LANDS Of I ! \ \ I GANT I I \ \I I I \ \1 I I \ J!
I I LANpS Of ! .1,-I 0,'STER I ---... I LOT 12 /"" -.L -...... ""'. _J , I /'{ \ _--- J}OB ,/./'./". Cj / PUBLIC UTILITY :20.00 ./,///& TRAIL
EASEMENT I _.//' ././0.027 ACRES± ...."..... .//' I ..,. ./'",,"" /"" ...."..... Lor 14 TRAcT No. 5309" \ BK 435 MAPS
. \ \ 1i=f:G \ \ \ w.w \ I \\ I , REV: ob 04 ,-) .. SCALE: 1"=60' DATE: 10/02 JOB NO.: 15432-1
CERTIFICATE ACCEPTING GRANT OF 20-FOOT PUBLIC UTILITY AND TRAIL EASEMENT FROM ALEX and SUZY LEUPP 530 Santa Rosa Drive (APN: 527-56-011) This is to certify that the interest in real
property conveyed by that GRANT OF 20-FOOT PUBLIC UTll..,ITYAND TRAlLEASEMENTfrom ALEX and SUZY LEUPP, dated August 12, 2004, to the Town of Los Gatos, a California Municipal Corporation,
is hereby accepted by the undersigned officer on behalf of the Town Council of the Town ofLos Gatos, pursuant to authority conferred by Section 2.30.025 (d) ofthe Town Code ofthe Town
ofLos Gatos, adopted by the Town Council on February 20, 1973; and the grantee consents to recordation thereofbyits duly authorized offiCer. DATE:----:.g--'--_'_Cf_---'-o_·j}. _ Kourosh
Rohani Town Engineer, Town of Los Gatos APPROVED AS TO FORM: DATE: _ OrryP. Town Attorney I DV34:IN:\B&E\ENGR·PROJECTS\Tract 9505\Esmt Accepl\PUE·Trail.ACPT.wpd Rev.: 10/1/99
4
TOWN OF LOS GATOS, CALIFORNIA, ACKNOWLEDGMENT State of California County of Santa Clara On before me, MARIAN V. COSGROVE, Town Clerk, personally appeared Kourosh Rohani, Town Engineer,
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the within instrument the entity upon behalf of which the person acted, the Town of Los Gatos, executed the instrument. WITNESS my hand and official seal. (Town Clerk of
Los Gatos, California) CAPACITY CLAIMED BY SIGNER: Municipal Officer of the Town of Los Gatos DESCRIPTION OF ATTACHED DOCUMENT: Title of Document: Number of Pages: Oate of Document:
Grant of 20-foot Public Utility and Trail Easement 530 Santa Rosa Drive 4August 12, 2004 Signers Other than Named Above: Orry P. Korb DV34:IN:IB&ElENGR-PROJECTSITracl 9S0SIEsmi AccepIIPUE-TraiJ.ACPT.
wpd Rev.: 1011/99
15432-1 10/3/02 S.D. DESCRIPTION Trail Easement Over Lot 14 of Tract No. 6309, Alta Vista Unit No.1, to be Vacated All that certain real property situate in the Town of Los Gatos, County
of Santa Clara, State of California, being that certain 20' Pedestrian & Equestrian Trail Easement lying within Lot 14 as shown on Tract No. 6309, a map of which was filed for record
in Book 436 of Maps at pages 22 -31, Santa Clara County Records. Prepared by the firm of MACKAY & SOMPS Exhibit B
------LANDS Of FAllo SHANNON VALLEY RANCH ....-CIVIL ENGINEERS, INC. CML ENGINEERING-lAND PlANNING-lAND SURVEYING 1955 THE AlAMEDA, SAN JOSE, CA 95126 PH:(408) 985-0960 PLAT TO ACCOMPANY
DESCRIPTION 20' PEDESTRIAN & EQUESTRIAN TRAIL EASEMENT OVER LOT 14 OF TRACT NO. 6309 OS GATOS TO BE VACATED CALIFORNIA LOT 12 LOT 14 TRACT NO. 5309 BK 435 MAPS \\\\\\\\\\\\\\\\\\\
LO-r 'J 5 \\ \ \0' \ \ <!? \ .s \ \'SiJ \ \0'\ I b< "!: --.---\--0 __ 0' - --_.---\- \ ....----\0 \ \ Ol. \0 \
\ o:l. //................ --i//...................... ",-" /-- ,./. ----------;. OR\\}( r:o;----- RO ------------- SCALE: 1"=60' DATE: AUGUST, 2004
JOB NO.: 15432-1