08 Staff Report - 24 Kimble Avenue~owN of MEETING DATE: 2/22/05
ITEM NO. g
boa„a...a..os COUNCIL AGENDA REPORT
S ~ pS
DATE: FEBRUARY 9, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
SUBJECT: ADOPT RESOLUTION ORDERING THE SUMMAR ACATION OF A
PORTION OF EXCESS WATER PIPE LINE EASEMENT AT 24 KIlVIBLE
AVENUE (A.P.N.: 529-32-016)
RECOMMENDATION:
Adopt resolution (Attachment 1) ordering the summary vacation of a portion of Excess Water Pipe
Line Easement at 24 Kimble Avenue (A.P.N.: 529-32-016).
BACKGROUND:
In 1890, when Kimble Tract No. 1 and No. 2 were recorded, a water pipe line was shown crossing
Lots 18 and 19, now known as 24 Kimble Avenue. Since that time, the water pipe line has been
removed, but the easement remains.
The property owners contacted San Jose Water Company requesting that they quitclaim the water
pipeline easement. San Jose Water Company has no records of the easement or water pipeline in
that location - (Attachment 2).
DISCUSSION:
The Parks and Public Works Department was contacted by the representative of the property owner
at 24 Kimble Avenue, requesting that the water pipe line easement be abandoned. They have paid
all Town fees for the abandonment and provided documentation that there is no water pipe line in
the location shown on the map of Kimble Tract No. 1 and No. 2 - (Attachment 3). There is no
reason that this easement can not be abandoned.
PREPARED BY:
GG~v
i1
J HN E. CURTIS
rector of Parks and Public Works
Reviewed by: Assistant Town Manager t~Town Attorney Clerk Administrator
_Finance Community Development Revised: 2/9/05 1:44 pm
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORMAbandon-Kimble 24.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SUMMARY VACATION AT 24 KIMBLE AVENUE
FEBRUARY 9, 2005
Additionally, the property owner owns Lots 18 and 19 that are encumbered by the water pipe line
easement. Since no other property owner can benefit from the abandonment, a summary vacation
of the easement is recommended. In a summary abandonment process, a public hearing is not
required.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The following fees have been paid by the applicant:
Easement Abandommnent Application fee $ 344.00 Paid 11/17/04
Easement Abandonment Processing fee 1,370.00 Paid 11/17/04
Attachments:
1. Resolution ordering the summary vacation of a portion of excess Water Pipe Line Easement
at 24 Kimble Avenue (APN: 529-32-016) - (with Exhibit A) - Plat to Accompany Vacation
2. Letter from San Jose Water Company regard water line
3. Map of Kimble Tract No. 1 and No. 2
T)i strihrnti nn
Palmira R. McBride, 141 Kimble Avenue, Los Gatos, CA 95030
Edith Espinola, Keller Williams Realty, 2542 S. Bascom Avenue, Suite 100, Campbell, CA 95008
PLEASE RECORD AND RETURN TO:
Clerk Administrator
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 EXCESS WATER PIPE LINE EASEMENT
ON
24 KIMBLE AVENUE (APN: 529-32-016)
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 easements if that easement has not been used for the purpose for which
it was dedicated; and
WHEREAS, the water pipe line depicted in the map contained in Exhibit A hereto has not
used for any public water pipe line purpose, that purpose 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
WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General Plan
and is in the interest of the general public,
Attachment 1
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. Pursuant to Chapter 4, Part 3, of Division 9 of the Streets and Highways Code, the water pipe
line depicted on Exhibit A 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 day of
2005, 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
/
BL
E
A V \
WATER PIPE LINE PER
TO BE ABANDONED
EXF`r2ON'
DUNBAR & CRAIG APN: 529-32-016 .
LICENSED LAND SURVEYORS SCALE 1"=100' JOB NO. 04406
236 N. SANTA CRUZ AVE, SUITE 104 DATE NOVEMBER 2004 INDEX SANTA CLARA
LOS GATOS, CALIFORNIA 95030
(408) 399-6929 DRAWN RJC BASE MAP
Exhibit A
I /.G 'r •v-.
San Jose
Water
Company
374 West Santa Clara St.
San Jose, CA 95196-0001
Keller Williams Realty
2542 S. Bascom Ave., #100
Campbell, CA 95008
Attention: Edith Espinola
SUBJECT: 24 Kimble Ave., Los Gatos, CA
Dear Ms. Espinola:
November 15, 2004
This letter is to inform you that the San Jose Water Company does not have any facilities that
cross over the address of 24 Kimble Ave. in Los Gatos. After reviewing our records, we can not
find any reference to the "water line" that crosses the before mentioned parcel. The reference
Assessors Parcel Number that you supplied is 529-32-016.
If you have any questions, call me at (408) 279-7821.
Sincerely,
G ~
Martin Henderson
Engineering Support Supervisor
MH:mh
Attachment 2
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