Vacate Public Right-of-Way Easement Albright WayMEETING DATE: 03/17/14
ITEM NO: 9
�os_G�tbs COUNCIL AGENDA REPORT
DATE: MARCH 3, 2014
TO: MAYOR AND TOWN COUNCIL �I
FROM: GREG LARSON, TOWN MANAGER -'6 -�'l�
SUBJECT: ADOPT RESOLUTION TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT
ON ALBRIGHT WAY AND ALBRIGHT COURT AND RESERVE A PUBLIC
UTILITIES EASEMENT AND PUBLIC SERVICE EASEMENT
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Council:
1. Make a finding that easements along Albright Way and Albright Court are no longer required
by the Town.
2. Adopt the resolution vacating Albright Way and Albright Court, reserving a public utilities
and a public service easement for existing utilities (Attachment 1).
BACKGROUND:
The subject property is located in the northern part of Los Gatos, immediately east of Winchester
Boulevard and south of Highway 85. Albright Way and Albright Court provide access to the
development from Winchester Boulevard. The roads serve only the development area.
On June 3, 2013, the Town Council approved both the Albright Planned Development and the
Architecture and Site applications. The development of the Council 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 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.
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.
PREPARED BY: MATT ORIL YV�_
Director of Parks and Public Works
Reviewed by: Assistant Town Manager 'own Attorney j2jinance
N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORM014 Reports \031714WIbright TC Report 03172014 ROW vacation REV2.docx
PAGE 2
MARCH 3, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT
ON ALBRIGHT WAY AND ALBRIGHT COURT AND RESERVE A PUBLIC
UTILITES EASEMENT AND PUBLIC SERVICE EASEMENT
BACKGROUND (cont'd):
The Planned Development for the site means future roadways will be private. As such, the Town
no longer requires easements over Albright Way or Albright Court.
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.
On February 18, 2014, the Town Council set the hearing date for the proposed vacation of
Albright Way and Albright Court for March 17, 2014 and directed staff to conduct the required
posting and noticing (Attachment 2).
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.
The State Highway Code provides for the vacation of public easements when the easements are
no longer needed for their intended use. Upon vacation, the property subject to the easement
reverts to full control of the underlying property owner.
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).
ENVIRONMENTAL ASSESSMENT:
Albright Office Park EIR -12 -003 (Resolution No. 2013 -024)
CONCLUSION:
It is recommended that the Town Council make a finding that easements along Albright Way and
Albright Court are no longer required by the Town and adopt the resolution in Attachment 1,
vacating Albright Way and Albright Court and reserving a public utilities and a public service
easement for existing utilities.
PAGE
MARCH 3, 2014
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT
ON ALBRIGHT WAY AND ALBRIGHT COURT AND RESERVE A PUBLIC
UTILITES EASEMENT AND PUBLIC SERVICE EASEMENT
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, gutter on the property. Industry standard estimates of such costs are $10,000 per acre.
Per the Town Council's request, the Town also conducted an appraisal of the Town's existing
easements. The Town received a letter from the appraiser, Valbridge Property Advisors, wherein
the easements were determined to have no value. On March 3, 2014 Council approved a
settlement agreement between the Town, the developer, and the Los Gatos Citizens for
Responsible Development. Because of ongoing discussions on the value of the easements, one
of the terms of the settlement agreement included compensation to the Town in the amount of
$350,000 for the abandonment of the easements.
Attachments:
1. Resolution to vacate public right -of -way easement
2. Resolution 2014 -006
3. Location Map
4. Legal Description
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO VACATE PUBLIC RIGHT -OF -WAY EASEMENT ON ALBRIGHT WAY AND
ALBRIGHT COURT AND RESERVE A PUBLIC UTILITY EASEMENT AND PUBLIC
SERVICE EASEMENT
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 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, 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
WHEREAS, the proposed vacation is consistent with the Town of Los Gatos General
Plan and is in the interest of the general public,
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 public right -of -way
easement on Albright Way and Albright Court as described in Exhibit A and depicted in 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.
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.
ATTACHMENT
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 17`h day of March, 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
RESOLUTION 2014 -006
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 sect. 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 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, 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.
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
ATTACHMENT
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 17th 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`x' day of February, 2014, by the following vote:
COUNCIL MEMBERS:
AYES, Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
ABSTAIN:
SIGN D:
AYOR 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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LEGEND
ALBRIGHT WAY ROW ABANDONMENT
ALBRIGHT COURT ROW ABANDONMENT
JOHN
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No 8883
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PARCEL TJ
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Subject ALBRIGHT WAY do ALBRIGHT COURT
RIGHT OF WAY ABANDONMENT
Job No. 20118053
By JG Date 01-27-14 Chkd. JVK
SHEET 1 OF 1
BKF
ENGINEERS: SURVEYORS l PLANNERS
E }CMTT «A -1"
Legal Description
ALBRIGHT WAY
Right of Way Abandonment
February 25, 2014
BKF No. 20116053
Page 1 of 3
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California and
described as follows:
Being Albright Way as shown on that certain map of Tract No. 5807, filed for record on September 14, 1976
in Book 379 of Maps at Pages 29 and 30, Records of Santa Clara County; as shown on that certain Parcel
Map, filed for record on October 12, 1977 in Book 405 of Maps at Page 38, Records of said County; as
shown on that certain Parcel Map, filed for record on November 13, 1978 in Book 430 of Maps at Page 15,
Records of said County; and as shown on that certain Parcel Map, filed for record on December 29, 1982 in
Book 507 of Maps at Page 47, Records of said County, more particularly described as follows:
_ BEGENNING-at the southeasterly corner of said -A bright Way; being 54-.00-feet in -width as shown on said
Parcel Map (430 M 15);
Thence leaving said comer and along the southerly line of said Way, North 84 140'00" West, 54.00 feet to the
westerly line of said Way;
Thence along said westerly line, North 05 020'00" East, 211.93 feet to the beginning of a tangent curve to the
left; having a Radius of 20.00 feet;
Thence northwesterly along said curve, through a central Angie of 90 °00'00 ", for an arc Length of 31.42 feet
to the southerly line of said Albright Way, as shown on said Parcel Map (430 M 15);
Thence North 84 °40'00" West, 25.00 feet to the beginning of a tangent curve to the right, having a Radius of
117.00 feet;
Thence northwesterly along said curve, through a central Angle of 47 °45'00 ", for an are Length of 97.51
feet;
Thence North 36 °55'00" West, 25.18 feet to the beginning of a tangent curve to the left, having a Radius of
63.00 feet;
Thence northwesterly along said curve, through a central Angle of 26 °40'00 ", for an are Length of 29.32
feet;
Thence North 63 °35'00" West, 96.71 feet to the southeasterly corner of Albright Way, being 54.00 feet in
width, as shown on said map of Tract No. 5807 (379 M 29 -30), said comer being also the beginning of a
tangent curve to the left, having a Radius of 20.00 feet;
Thence southwesterly along said curve, through a central Angle of 90 000'00 ", for an arc Length of 31.42 feet
to the southeasterly line of said Way;
Attachment 4
ALBRIGHT WAY
Page 2 of 3
Thence along said southeasterly line, South 26 025'00" West, 373.95 feet to the beginning of a tangent curve
to the left, having a Radius of 20.00 feet;
Thence southeasterly along said curve, through a central Angle of 112 °11'45 ", for an arc Length of 39.16
feet to the northwesterly corner of Albright Way, being 54.00 feet in width, as shown on said Parcel Map
(405 M 38);
Thence along the northerly line of said Way, South 85 °4645" East, 384.52 feet to the beginning of a tangent
curve to the left, having a Radius of 20.00 feet;
Thence northeasterly along said curve, through a central Angle of 88153'15", for an are Length of 31.03 feet
to a point on the westerly line of Albright Court, as shown on said Parcel Map (405 M 38);
Thence along said westerly line, South 05 °20'00" West, 94.02 feet to the beginning of a non - tangent curve,
concave to the southwest, having a Radius of 20.00 feet, from which a radial line bears South 84 °40'00"
East;
Thence northwesterly along said curve, through a central Angie of 91 °06'45 ", for an are Length of 31.80 feet
to the southerlyline of said AI nghtWay, as shown on said? arceiMifo (405-M38);
Thence along said southerly line, North 85 °46'45" West, 382.70 feet to the southeasterly corner of Albright
Way, being 54.00 feet in width, as shown on said map of Tract No. 5807 (379 M 29 -30);
Thence along the southerly line of said Way, North 85 °46'45" West, 28.27 feet to the beginning of a tangent
curve to the left, having a Radius of 35.00 feet;
Thence southwesterly along said curve, through a central Angle of 67 °48' 15 ", for an arc Length of 41.42 feet
to the southeasterly line of said Way;
Thence along said southeasterly line, South 26 °25'00" West, 1.90.31 feet to the southerly line of said Way, as
shown on said map of Tract No. 5807 (379 M 29 -30);
Thence North 85 °46'45" West, 104.32 feet the southwesterly line of said Way, being 70.00 feet in width, as
shown on said map of Tract No. 5807 (379 M 29 -30);
Thence along said southwesterly line, North 63 °35'00" West, 154.41 feet to the southeasterly comer of said
Albright Way, being 70.00 feet in width, as shown on said Parcel Map (507 M 47);
Thence along the southwesterly line of said Way, as shown on said Parcel Map (507 M 47), North 63 °35'00"
West, 21.00 feet to the beginning of a tangent curve to the left, having a Radius of 20.00 feet;
Thence southwesterly along said curve, through a central Angle of 90 °00'00 ", for an arc Length of 31.42 feet
to the southeasterly line of Winchester Boulevard, as shown on said Parcel Map (507 M 47);
Thence along said southeasterly line, North 26 °25'00" East, 110.00 feet to the beginning of a non - tangent
curve, concave to the northeast, having a Radius of 20.00 feet, from which a radial line bears North
63 °35'00" West;
ALBRIGHT WAY
Page 3 of 3
Thence leaving said southeasterly line of Winchester Boulevard, southeasterly along said curve, through a
central Angle of 90 °00'00 ", for an arc Length of 31.42 feet to the northeasterly line of said Albright Way, as
shown on said Parcel Map (507 M 47);
Thence along said northeasterly line, South 63 °35'00" East, 21.00 feet to the northwesterly corner of
Albright Way, being 70.00 feet in width; as shown on said map of Tract No. 5807 (379 M 29 -30);
Thence along the northeasterly line of said Way, as shown on said map of Tract 5807 (379 M 29 -30), South
63 °35'00" East, 137.00 feet to the beginning of a tangent curve to the left, having a Radius of 60.00 feet;
Thence northeasterly along said curve, through a central Angle of 90°00'00 ", for an arc Length of 94.25 feet
to the northwesterly line of said Albright Way, as shown on said map of Tract No. 5807 (379 M 29 -30);
Thence along said northwesterly line, North 26 °25'00" East, 585.28 feet to the beginning of a tangent curve
to the right, having a Radius of 74.00 feet;
Thence northeasterly along said curve, through a central Angle of 90 °00'00 ", for an arc Length of 116.24
feet to the northwesterly corner of Albright Way, as shown on said Parcel Map (430 M 15);
Thence along the northerly line of said Way, as shown on said Parcel Map (430 M 15), South 63 °35'00"
East, 96.71 feet to the beginning of a tangent curve to the right, having a Radius of 117.00 feet;
Thence southeasterly along said curve, through a central Angle of 26 °40'00 ", for an arc Length of 54.45 feet;
Thence South 36 °55'00" East, 25.18 feet to the beginning of a tangent curve to the left, having a Radius of
63.00 feet;
Thence southeasterly along said curve, through a central Angle of 47 °45'00 ", for an arc Length of 52.50 feet;
Thence South 84 °40'00" East, 25.00 feet to the beginning of a tangent curve to the right, having a Radius of
74.00 feet;
Thence southeasterly along said curve, through a central Angle of 90 000100 ", for an arc Length of 116.24
feet to the easterly line of said Albright Way, as shown on said Parcel Map (430 M 15);
Thence along said easterly line, South 05 020'00" West, 211.93 feet to the point of BEGINNING of this
description and containing an area of 2.582 acres, more or less.
As shown on EXHIBIT "B" attached hereto and made a part hereof.
For: BKF Engineers
rrKO By_ John Koroyan P.L.S. No. 8883
Dated: tC466. 27 , Z aT /4 _ \ f�Mo. 5883
. BKF
FNatNEER5, SURVEYORS' PLANNERS
EXHIBIT -AA -2»
Legal Description
ALBRIGHT COURT
Right of Way Abandonment
February 25, 2014
BKF No. 20116053
Page I of 1
All that certain real property situate in the Town of Los Gatos, County of Santa Clara, State of California and
described as follows:
Being Albright Court as shown on that certain Parcel Map, filed for record on October 12, 1977 in Book 405
of Maps at Page 38, Records of Santa Clara County, more particularly described as follows:
BEGINNING at the northeasterly corner of said Albright Court, being 54.00 feet in width, as shown on said
Parcel Map (405 M 38);
Thence leaving said comer and along the easterly line of said Court, South 05 °20'00" West, 196.16 feet to
the begimimg of a-tangent curve -to-the left, having a-Radiug of 15:00 feet;
Thence southeasterly along said curve, through a central Angle of 58 °10'43 ", for an arc Length of 15.23 feet
to the beginning of a reverse curve, concave to the north, having a Radius of 40.00 feet;
Thence southeasterly along said curve, through a central Angle of 238 °10'43 ", for an are Length of 166.28
feet to the westerly line of said Court, as shown on said Parcel Map;
Thence along said westerly line, North 05 020100" East, 242.89 feet to the northwesterly corner of said
Albright Court;
Thence along the northerly line of said Court, South 84 °40'00" East, 54.00 feet to the point of BEGINNING
of this description and containing an area of 0.375 acres, more or less.
As shown on EXHIBIT "B" attached hereto and made a part hereof.
For: BKF Engineers
A N D
By JOHN Koroyan
P.L.S. No. 8883
No 8883
Dated: FEg. ZS
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430 M 15 LEGAL DESCRIPTIONS
ALBRIGHT COURT ROW ABANDONMENT
(EXHIBITS A -1 & A -2)
cHAatEt; OPAS
JOHN
KOROYAN
No. 8883
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EXHIBIT "B"
TOWN OF LOS GATOS� SANTA CLARA COUNTY, CALIFORNIA PLAT TO ACCOMPANY LEGAL DESCRIPI)ON
1650 TECHNOLOGY DRIVE Subject ALBRIGHT WAY & ALBRIGHT COURT
�� SUITE 650 RIGHT OF WAY ABANDONMENT
SAN JOSE, CA 95110 Job No. 20116053
:q 408167 -9100 By JG Date 02 -25 -14 Chkd. JVK
Itwnerwl�u� 408467- 9199(FAX) SHEET 1 OF 1
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