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05 Staff Report - Public Right of Way Augustine Avenue~pW N 0 g GaSO 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