Vacate Right-of-Way on Albright Way/Albright Circel�wxof
DATE:
TO:
FROM
MEETING DATE: 02/18/14
ITEM NO: j
COUNCIL AGENDA REPORT
FEBRUARY 6, 2014
MAYOR AND TOWN COUNCIL ✓� ����,
GREG LARSON, TOWN MANAGER
SUBJECT: INTENT TO VACATE RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY
AND ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT
AND PUBLIC SERVICE EASEMENT OVER THE AREA
A. ADOPT RESOLUTION OF THE INTENTION TO VACATE PUBLIC
RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY AND ALBRIGHT
COURT AND RESERVE A PUBLIC UTILITY EASEMENT AND PUBLIC
SERVICE EASEMENT IN THE AREA.
B. SET MARCH 17, 2014 AS A PUBLIC HEARING DATE FOR THE
CONSIDERATION OF VACATION.
RECOMMENDATION:
1. Adopt resolution (Attachment 1) of the intent to vacate public right -of -way easement on
Albright Way and Albright Court and reserve a public utility easement and public service
easement in the area.
2. Set March 17, 2014 as a public hearing date for the consideration of vacation.
BACKGROUND:
On June 3, 2013, the Town Council approved both the Albright Planned Development and the
Architecture and Site applications. The development of the approved Albright Planned
Development project calls for demolition of ten existing office buildings and construction of
485,000 square feet of office space in four new buildings. The approved development requires
the vacation of Albright Way and Albright Court. This vacation affects the roadway portion of
the easements. The existing utility easements within the site will be vacated after the final
relocation of all existing public utilities.
PREPARED BY: MATT MORLEY�
Director of Parks and ub is Works
Reviewed by: Assistant Town Manager own Attorney Finance
PAGE 2
FEBRUARY 6, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: INTENT TO VACATE RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY
AND ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT
AND PUBLIC SERVICE EASEMENT OVER THE AREA
BACKGROUND (cont'd):
Albright Way is a loop road with one way in and out from Winchester Boulevard. Albright
Court is a dead end cul -de -sac branching off of Albright Way. Both serve the site exclusively.
The approved Planned Development for the site specifies that future roadways will be private.
As such, the Town no longer requires Albright Way or Albright Court, as per the Council's prior
approval.
All utility companies with services within the area which are to be vacated were notified in
September 20, 2013 with the request of the vacation. The Town has received two letters with no
objections from Santa Clara Water District and West Valley Sanitation District. Other utilities
are in the process of relocating their services to provide for the new development.
DISCUSSION:
Pacific States Title Services has reviewed ownership of the existing easements. The Town owns
the easement rights on Albright Way and Albright Court, but does not own the underlying fee
title. The underlying fee rights are owned by Los Gatos Business Park LLC.
In order for development of the site to proceed as approved, the Town must vacate the roadway
easements. This will allow the developer to proceed with construction, a good deal of which
takes place on the current roadways. Public Service Easements will remain until such time as the
private utility companies can complete relocation of their infrastructure. The approved project
includes installation of new private roadways to service the site. These will be maintained by the
property owner.
The proposed new public service easements total 3.9 acres compared to 2.9 acres for the existing
right -of -way easements (Attachment 3.)
The vacation process includes this initial staff recommendation followed by a minimum 15 day
noticing period, leading up to a public hearing. Staff recommends setting the hearing date for
March 17.
CONCLUSION:
Staff recommends the Town Council adopt a resolution of intention to vacate public right -of -way
on Albright Way and Albright Court and reserve a public utility easement and public service
easement over the area and set March 17, 2014 as a public hearing date for the consideration of
the vacation.
PAGE 3
FEBRUARY 6, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: INTENT TO VACATE RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY
AND ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT
AND PUBLIC SERVICE EASEMENT OVER THE AREA
FISCAL IMPACT:
The vacation of this area will result in short term and long term cost savings for the Town' s
General Fund by way of reduced operating expenses from the maintenance of the pavement,
curb, and gutter on the property. Industry standard estimates of such costs are $10,000 per acre.
Per Council request, the Town also conducted an appraisal of the Town's existing easements and
determined they were of zero value given the approved project.
Attachments:
1. Resolution of the intention to vacate public right -of -way on Albright Way and Albright Court
and reserve a public utility easement and public service easement over the area.
2. Location Map.
3. Proposed Vacation.
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
INTENTION TO VACATE PUBLIC RIGHT -OF -WAY ON ALBRIGHT WAY AND
ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT AND PUBLIC
SERVICE EASEMENT OVER THE AREA
WHEREAS, Streets and Highways Code Section 8300 et seq. permits the Town of Los
Gatos to vacate excess public right -of -way if that right -of -way is unnecessary for present or
prospective public use; and
WHEREAS, research of the title report and recorded maps shows that the Town of Los
Gatos does not have fee ownership of land underlying the street Right -of -Way.
WHEREAS, the offer of public right -of -way described in Exhibit B 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, Town Ordinance 2216 requires the Town Council to vacate Albright Way
and Albright Court; 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
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California that the Town Council hereby finds that
pursuant to Section 8300 et seq. of the Streets and Highways Code, the Resolution of Intention is
hereby established.
BE IT FURTHER RESOLVED that is the intention of the Town Council of the Town
of Los Gatos to vacate the herein described right -of -way as it is no longer necessary for present
or future uses as a street for public convenience and that vacation of said described right -of -way
is no longer necessary for present or future uses as a street for public convenience and that the
vacation of said described right -of -way will also eliminate any future responsibility for their
maintenance.
ATTACHMENT
BE IT FURTHER RESOLVED that Pursuant to Section 8340(c) of the California
Streets and Highway Code, a Public Service Easement (PSE) is to be retained and reserved over
the vacated right -of -way and access will be made available to all utility companies at their
request.
BE IT FURTHER RESOLVED that Pursuant to Section 8340(c) of the California
Streets and Highway Code, a Public Utility Easement (PUE) is to be retained over the vacated
right -of -way and access will be made available to all utility companies at their request.
BE IT FURTHER RESOLVED that on the 17`h day of March, 2014, at a meeting of the
Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E. Main
Street, Los Gatos, California, a public hearing will be held where all persons interested in or
objecting to the proposed vacation may appear before the Town Council and offer evidence on
the proposed vacation.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 18`h day of February, 2014 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
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ATTACHMENT
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