05 Staff Report - Public Right of Way Augustine Avenue~pW N 0
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DATE
TO:
FROM
COUNCIL AGENDA REPORT
DECEMBER 12, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 1/22/08
ITEM NO: v
GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION ORDERING THE VACATION OF A PORTION
OF EXCESS PUBLIC RIGHT-OF-WAY ON AUGUSTINE AVENUE NORTH
OF FRANK AVENUE AND RETAIN A PUBLIC SERVICE EASEMENT
(PSE) OVER THE AREA.
RECOMMENDATION:
Adopt resolution (Attachment 1) ordering the vacation of a portion of excess public right-of-way
on Augustine Avenue north of Frank Avenue and retain a Public Service Easement (PSE) over
the area.
BACKGROUND:
Augustine Avenue is a half block-long unimproved (gravel) road west of Los Gatos Boulevard
between Farley Road to the north, and Frank Avenue to the south. This area was originally
developed while it was still County unincorporated area in the 1920`s. The area was annexed to
the Town in October 1978. In addition to being unimproved, the roadway is overgrown with
weeds and shrubs. On May 18, 2007, the Town received a letter requesting the vacation of the
remaining section of Augustine Avenue. There is only one property that has access on Augustine
Avenue. This property will retain its Augustine address and the other neighbors adjacent to the
vacation have access on Frank Avenue. Augustine will become a private road.
All utility companies, with lines within the area to be vacated, were notified in November of the
request for the vacation. The Town has received no objections to the vacation of the excess
public right-of-way on Augustine Avenue north of Frank Avenue and the retaining of a Public
Service Easement (PSE) over the area.
t
PREPARED BY: KEVIN ROHANI
Interim Director of Parks and Public Works
C\DOCUME- I\OKOR--1.LOS\LOCALS-I\Temp\XPgrpwiseAaueustine.abandonment.07-b owe ll. 12208. doe
Reviewed by: -tea Assistant Town Manager _Town Attorney Clerk Administrator
Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT ADOPT A RESOLUTION ORDERING THE SUMMARY VACATION OF A
PORTION OF EXCESS PUBLIC RIGHT-OF-WAY ON AUGUSTINE AVENUE
NORTH OF FRANK AVENUE
DECEMBER 12, 2007
DISCUSSION:
The Parks and Public Works Department has been approached by the three property owners that
border Augustine Avenue requesting that the Town abandon the road adjacent to their properties.
However, since there are sanitary sewer, water, and natural gas lines under the street, along with
joint poles that have power, telephone and cable television along the easterly side of the street, a
Public Service Easement (PSE) will need to be retained over the abandoned right-of-way.
Additionally, the various utility companies will need to be able to access their facilities.
CONCLUSION:
It is recommended that Council adopt resolution ordering the vacation of a portion of excess
public right-of-way on Augustine Avenue north of Frank Avenue and retain a Public Service
Easement (PSE) over the area.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Engineering fees of $3,500 have been paid by the property owners to the Town. Costs of the
abandonment proceeding of approximately $3,500 have been charged to the Town's Engineering
Program 5030.
Attwhmentq-
1. Resolution ordering the summary vacation of a portion of excess public right-of-way on
Augustine Avenue southerly of Farley Road and retaining a Public Service Easement
(PSE) - (with Exhibits A and B)
(Exhibit A) - Description to Accompany Vacation
(Exhibit B) - Plat to Accompany Vacation
2. Letter requesting the abandonment or Augustine Avenue
Distribution:
Gary and Linda Johnson, 16971 Frank Avenue, Los Gatos, CA 95032
George and Elsa Cornwell, 15751 Augustine Avenue, Los Gatos, CA 95032
Tim McNeil, 750 University Avenue, Suite 150, Los Gatos, CA 95032
Gregory Howell, 750 University Avenue, Suite 150, Los Gatos, CA 95032
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 PUBLIC RIGHT-OF-WAY AND
RESERVING A PUBLIC SERVICE EASEMENT ON
AUGUSTINE AVENUE
PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE
CALIFORNIA STATE STREETS AND HIGHWAYS CODE
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 (Exhibit A) hereto and
depicted in the map contained in (Exhibit B) has been used for any public right-of-way 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 I
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 (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. A Public Service Easement (PSE) is hereby reserved over the area being vacated for the
purpose of installing, maintaining, improving, replacing and removing utility facilities,
including water and sanitary sewer facilities, located in the PSE. Said PSE also includes
pedestrian and vehicular access by utility companies, water and sanitation districts and
the Town of Los Gatos, including their employees, agents and contractors, as they may
deem necessary for the purpose of installing, maintaining, improving, replacing or
removing utility facilities.
3. 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 22nd
day of January, 2008, 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
EA'WBIT "B" ATTACHED AND MADE A PART BEREOF.
END OF DESCRIPTION NOVENl BER 27, 2007
CONTAINING 0.092 ACRES Exhibit A
INDICATES
VACATED PUBLIC
INGRESS/EGRESS &
RETAINED P.S.E.
\ INDICATES PREVIOUSLY
VACATED PUBLIC
\ INGRESS/EGRESS
RETAINED P.S.E.
SCALE i"50'
50 i00
i' PORTION
LOT 10&11
'W'-M-33
PORTION
LOT 10
'W'-M-33 i
PORTION
LOT 7
'W'-M-3
APN 529-15-096
CORNWELL
a DOC.#18687178
'
20.43
N2i-00'E
'
P
O
B
30.16
.
.
.
APN 529-15-098
20.43'
JOHNSON
DOC.#19024763
N57 "15' W
16.00'
PORTION
LOT 11 N21 *00'E
LOT 8
W'-M-33 45.00'
\
'W'-M-33
24 ®29' 31 w E
\ 64.30'
\
AP
N 529-15-021
\
McNEIL
RTION
OT 7
W'-M-33
\ DOC.#19448601
' \
EXHIBIT B \ \
11/27/07 \ \
PUBLIC INGRESS/EGRESS VACATION
OF REMAINING PORTION OF AUGUSTINE AVENUE
SEIKMANN SUBDIVISION
RECORDED FEBRUARY 9, 1928
BOOK W OF MAPS, PAGE 33
SANTA CLARA COUNTY RECORDS
4 ,f.
is sE
RE E E
30 PT 2008
cat I
EXHIBIT B
May 18, 2007
Town Of Los Gatos
41 Miles Avenue
Los Gatos, CA 95031
Letter of Justification
To whom it may concern,
We are following through on a previous request by the Town of Los Gatos to 16771
Frank Avenue to apply for abandonment of the remaining right-of-way of A Augustine
Avenue. All other neighbors have participated in the abandonment and thiis the last
remaining section of Augustine that remains.
Since, lyl
Tim . cNeil and Gregory Howell
Attachment 2