Aztec Ridge Vacation of Public Right of Way EasementSON N Oar
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DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
DECEMBER 3, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 12/16/14
ITEM NO: i a
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY 0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT
ON AZTEC RIDGE DRIVE, EASTERLY OF MAYA WAY, FRONTING 16348
AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITIES AND A PUBLIC
SERVICE EASEMENT FOR EXISTING UTILITIES
RECOMMENDATION:
Adopt a resolution (Attachment 1) for the summary vacation of approximately 0.70 acres of
public right of way easement on Aztec Ridge Drive, easterly of Maya Way, fronting 16348
Aztec Ridge Drive and retain Public Utilities Easement (PUE) and Public Service Easement
(PSE) for existing utilities.
ALTERNATIVE:
As an alternative to the above recommendation, the Council could:
Take no action which would retain the property as public right of way. In this case the Town
would retain maintenance responsibility for the roadway and the revocable gate permit in place
with the property owner would remain in effect.
BACKGROUND:
The subject property is located in the southerly part of Los Gatos and described in the Road
Abandonment Plan (Attachment 1, Exhibit B). The portion of public right of way easement to be
vacated is discontinuous and unused by the public, and instead serves as a gated private driveway
for the property at 16348 Aztec Ridge Drive. Existing public utilities are located within this
portion of the right of way.
PREPARED BY: MATT MORLEY
Director of Parks and Public Works
Reviewed by: AlAssistant Town Manager 1W ✓fW own Attorney !l�Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY 0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT
ON AZTEC RIDGE DRIVE, EASTERLY OF MAYA WAY, FRONTING 16348
AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITIES AND A PUBLIC
SERVICE EASEMENT FOR EXISTING UTILITIES
DECEMBER 3, 2014
BACKGROUND (cont'd):
The property and street is a part of the Anchor subdivision that was approved by the Santa Clara
County Board of Supervisors in 1976. The Town annexed the Anchor subdivision in 1979. This
portion of the right of way is bifurcating 16348 Aztec Ridge Drive (A.P.N. 532 -26 -101). The
street was terminated with a dead -end at the edge of the subdivision boundary line with no
connection to any other roadway systems in the area. This portion of the right of way has never
been used for any public right of way purpose, and no public funds have been allocated for
maintaining the street since acceptance of the subdivision.
On December 2, 1982, the Town Planning Commission heard the Architecture and Site
application for a gate, tennis court, walkways, gazebo and other landscape improvements on
16348 Aztec Ridge Drive. The Planning Commission approved all improvements except for the
gate and recommended that the gate application be forwarded to the Town Council for
consideration of a revocable permit to allow a gate to be constructed within the Aztec Ridge
Drive right of way. On January 17, 1983, the Town Council approved the gate application
subject to conditions in the revocable permit.
The property owner at the end of the current Aztec Ridge Drive and the property owners at
16348 Aztec Ridge Drive have had disputes over access to the road that go back many years.
Town staff was recently able to facilitate a conversation with the property owners looking for a
solution that both could agree upon. The property owners were able to come to an agreement
and the adjacent owner has provided a letter of support for the vacation of the roadway
(Attachment 2).
On September 8, 2014, the Town received an application requesting a summary vacation of a
portion of Aztec Ridge Drive and the associated change in street designation from a public to a
private driveway from the current homeowner of 16348 Aztec Ridge Drive. This vacation
affects the roadway portion of the easement ten (10) feet west from the existing gate to the
eastern end of the easement/roadway at the eastern edge of parcel 532 -26 -101.
All utility companies providing services within the area to be vacated were notified on October
10, 2014 of the request for the summary vacation. The Town has received three letters with no
objections to the vacation from West Valley Sanitation District, San Jose Water Company, and
Comcast; two letters with no objection to the vacation but with reservation of public service
easements from PG &E and Verizon; and one letter from Santa Clara County Fire Department
with no objection to the vacation but stating that the property needs to maintain a 12 foot wide
all- weather surface access to the residence and a Knox lock on the gate. In addition, there are
private water lines in the area to be vacated, servicing the adjacent properties, that will remain in
place. Any private rights regarding these private water lines will not be affected by this vacation
pursuant to Street and Highway Codes Section 8352(a) and (b).
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY 0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT
ON AZTEC RIDGE DRIVE, EASTERLY OF MAYA WAY, FRONTING 16348
AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITIES AND A PUBLIC
SERVICE EASEMENT FOR EXISTING UTILITIES
DECEMBER 3, 2014
BACKGROUND (cont'd):
Notice of the potential vacation was provided by mail to the adjacent property owners of the
subject property.
DISCUSSION:
The Town owns the easement rights on this portion of Aztec Ridge Drive, but does not own the
underlying fee title. The underlying fee rights are owned by the property owner of this parcel.
State Highway Code, Section 8330 provides for the summary 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.
The proposed vacation is consistent with Town policies and State law:
1. This portion of the right of way is a dead -end section and currently does not provide access
to any other streets or public property.
2. The right of way is unnecessary for prospective public roadway purposes.
3. The right of way does not provide access to any public trails.
CONCLUSION:
Staff recommends that the Town Council adopt a resolution for the summary vacation of
approximately 0.70 acres of public right of way easement on Aztec Ridge Drive, easterly of
Maya Way, fronting 16348 Aztec Ridge Drive and retain Public Utilities Easement (PUE) and
Public Service Easement (PSE) for existing utilities.
ENVIRONMENTAL ASSESSMENT:
Under CEQA guidelines, Section 15305, Minor Alterations in Land Use Limitations, the project
qualifies as Categorically Exempt.
FISCAL IMPACT:
Engineering fees of $4,871.36 have been paid by the property owner to the Town.
The summary vacation of this area will result in short term and long term cost savings for the
Town's General Fund by way of reducing the potential operating expenses for the maintenance
of the pavement, curb, and gutter on the property.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION FOR THE SUMMARY VACATION OF
APPROXIMATELY 0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT
ON AZTEC RIDGE DRIVE, EASTERLY OF MAYA WAY, FRONTING 16348
AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITIES AND A PUBLIC
SERVICE EASEMENT FOR EXISTING UTILITIES
DECEMBER 3, 2014
Attachments:
1. Resolution to vacate a portion of public right of way easement
2. Letter from adjacent property owner
Distribution:
Steve Atkinson, Senior Counsel, McKenna Long & Aldridge LLP, One Market Plaza, Spear Tower, 24th Floor, San
Francisco, CA 94105
Kevin Scott, Applicant, 16348 Aztec Ridge Drive, Los Gatos, CA 95030
RESOLUTION 2014-
RESOLUTION OF THE TOWN OF LOS GATOS FOR
THE SUMMARY VACATION OF APPROXIMATELY
0.70 ACRES OF PUBLIC RIGHT OF WAY EASEMENT ON
AZTEC RIDGE DRIVE EASTERLY OF MAYA WAY
FRONTING 16348 AZTEC RIDGE DRIVE AND RETAIN PUBLIC UTILITES AND
PUBLIC SERVICE EASEMENT FOR EXISTING UTILITIES OVER THE AREA
WHEREAS, Section 8300 et seq. of the Streets and Highways Code 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, the offer of public right of way described in Exhibit A hereto and depicted in
the map contained in Exhibit B has not been used for any public right of way purpose, and that
purpose no longer exists; and
WHEREAS, the proposed vacation qualifies as Categorically Exempt from CEQA review
under Section 15305, Minor Alterations in Land Use Limitations; 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:
1. Pursuant to Section 8300 et seq. of the Streets and Highways Code, the public right -of -way
easement as described in Exhibit A and depicted on Exhibit B is vacated upon the
recording of a certified copy of this resolution by the Town Clerk with the County
Recorder of Santa Clara County.
2. A Public Service Easement (PSE)/Public Utilities Easement (PUE) is to be retained over
the portion of the abandoned right of way for PG &E and Verizon at their request for any of
their facilities that may exist in the easement area at this time.
3. As required by the Santa Clara County Fire Department, the owner shall also maintain a
twelve (12) foot wide all weather access to the residence on the property and a Knox lock
on the gate.
4. There are private water lines in the area to be vacated, servicing the adjacent properties,
that will remain in place.
ATTACHMENT
5. Any private rights regarding these private water lines will not be affected by this vacation
pursuant to Street and Highway Codes Section 8352(a) and (b).
6. The Town Clerk 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 16`h day of
December 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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AZTEC RIDGE DRIVE ABANDONMENT
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF LOS GATOS, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF AZTEC RIDGE DRIVE (A CITY STREET 50 FEET WIDE) TOGETHER WITH A
TURNAROUND EASEMENT (22 FEET WIDE) ADJACENT TO SAID STREET ALONG ITS
SOUTHERN BOUNDARY AND ALSO TOGETHER WITH A SLOPE EASEMENT (25 FEET WIDE)
ADJACENT TO SAID TURNAROUND EASEMENT ALONG ITS SOUTHERN BOUNDARY AND ALSO
TOGETHER WITH A SLOPE EASEMENT (25 FEET WIDE) ADJACENT TO SAID STREET ALONG ITS
NORTHERN BOUNDARY, AS SAID STREET AND EASEMENTS ARE SHOWN ON THAT CERTAIN
PARCEL MAP FILED FOR RECORD OCTOBER 4, 1989 AT 3:46 PM IN BOOK 606 OF MAPS, PAGES
18 THRU 22 (FILE NO. 10278475) SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERN BOUNDARY OF THE ABOVE SAID
SLOPE EASEMENT WITH THE WESTERN BOUNDARY OF THE LANDS OF SCRANTON AS SAID
LANDS AND WESTERN BOUNDARY ARE DELINEATED ON THAT CERTAIN RECORD OF SURVEY
ENTITLED "RECORD OF SURVEY OF THE WESTERLY LINE OF THE LANDS OF SCRANTON
DESCRIBED IN DOCUMENT NO. 18747480" FILED FOR RECORD SEPTEMBER 23, 2009 AT 1:00
PM IN BOOK 834 OF MAPS, PAGES 1 -2 (FILE NO. 20441441) SANTA CLARA COUNTY RECORDS
FROM WHICH A 1/2 INCH DIAMETER PIPE (L.S. 5615) AT THE INTERSECTION OF SAID
WESTERN BOUNDARY WITH THE CENTERLINE OF AZTEC RIDGE DRIVE BEARS SOUTH 3 002'49"
WEST 31.91 FEET DISTANT; THENCE FROM SAID POINT OF BEGINNING, LEAVING THE
WESTERN BOUNDARY OF SCRANTON AND ALONG THE NORTHERN BOUNDARY OF SAID
SLOPE EASEMENT
1. NORTH 86 048'17" WEST 47.99 FEET; THENCE
2. SOUTH 66 039'43" WEST 48.00 FEET; THENCE
3. SOUTH 29 °21'16" WEST 41.29 FEET TO THE NORTHERN BOUNDARY OF AZTEC
RIDGE DRIVE; THENCE
4. LEAVING SAID SLOPE EASEMENT AND ALONG THE NORTHERN BOUNDARY OF
AZTEC RIDGE DRIVE SOUTH 66 039'43" WEST 138.55 FEET TO A STATION AT THE
BEGINNING CURVE FROM WHICH A 3/4 INCH DIAMETER PIPE ON THE CENTERLINE
OF AZTEC RIDGE DRIVE BEARS SOUTH 23 020'17" EAST 25.00 FEET DISTANT,
THENCE
5. ALONG SAID CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF
33 °39'30 ", A RADIUS OF 181.63 FEET, AND AN ARC LENGTH OF 106.70 FEET TO A
STATION AT THE BEGINNING REVERSE CURVE FROM WHICH A 3/4 INCH DIAMETER
PIPE BEARS SOUTH 10 °04'31" WEST 25.00 FEET DISTANT; THENCE
EXHIBIT A
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6. ALONG SAID CURVE CONCAVE TO THE SOUTH THROUGH A CENTRAL ANGLE OF
31 040'19 ", A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 190.71 FEET; THENCE
7. LEAVING THE NORTHERN BOUNDARY OF AZTEC RIDGE DRIVE SOUTH 21 021'07"
EAST 50.00 FEET TO A STATION ON A CURVE ALONG THE SOUTHERN BOUNDARY
OF AZTEC RIDGE DRIVE; THENCE
8. ALONG SAID CURVE CONCAVE TO THE SOUTH FROM A TANGENT BEARING OF
NORTH 68 038'53" EAST THROUGH A CENTRAL ANGLE OF 31 040'19 ", A RADIUS OF
295.00 FEET, AND AN ARC LENGTH OF 163.07 FEET TO A STATION AT THE
BEGINNING OF A REVERSE CURVE; THENCE
9. ALONG SAID CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF
33 039'30 ", A RADIUS OF 231.63 FEET, AND AN ARC LENGTH OF 136.07 FEET;
THENCE
10. NORTH 66 °39'43" EAST 154.26 FEET TO THE INTERSECTION OF THE SOUTHERN
BOUNDARY OF AZTEC RIDGE DRIVE WITH THE WESTERN BOUNDARY OF THE
ABOVE MENTIONED TURNAROUND AND SLOPE EASEMENT; THENCE
11. LEAVING THE SOUTHERN BOUNDARY OF AZTEC RIDGE DRIVE AND ALONG THE
WESTERN AND SOUTHERN BOUNDARY THEREOF SOUTH 23 °20'17" EAST 47.00
FEET; THENCE
12. NORTH 66039'43" EAST 58.17 FEET TO THE ABOVE SAID WESTERN BOUNDARY OF
SCRANTON;THENCE
13. ALONG SAID WESTERN BOUNDARY NORTH 3 002'49" EAST 112.28 FEET TO THE
POINT OF BEGINNING,
SURVEYED AUGUST 15, 2014 BY MID COAST ENGINEERS UNDER JOB NO. 14110
NO. 6832
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SEPT. 22, 2014
MID COAST ENGINEERS
CIVIL ENGINEERS $. LAND SURVEYORS
70 PENNY LANE, SUITE A r1
WAT50NVILLE, CA 95076
(831) 7242580
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JAMES KEVIN SCOTT, TRUSTEE
DOG #22601243
APN 532 -26 -101
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HATCHED AREA TO
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PRIVATE ENTRANCE
GATE -- AGREEMENT
PER DOC H567, PG 163
(EXCEPTION #7).
TOWN OF LOS
COUNTY OF SANTA CLARA
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JAMES KEVIN SCOTT, TRUSTEE
DOG #22601243
APN 532 -26 -101
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PARCEL G
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6 _ 5 �-
HATCHED AREA TO
BE ABANDONED.
PRIVATE ENTRANCE
GATE -- AGREEMENT
PER DOC H567, PG 163
(EXCEPTION #7).
TOWN OF LOS
COUNTY OF SANTA CLARA
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Robert & Scranton Home: (408) 354 -5339
Home Fax: (408) 416 -0927
Cell. (408) 838 -4793
15785 Blackberry Hill Rd
Los Gatos, CA 95030
August 28, 2014
Mr. Greg Larson, Town Manager
Ms. Lisa Petersen, Town Engineer
Town of Los Gatos
You will recall that we (Robert and Yaffe Scranton) own property (parcel 532 -25 -013)
at the east end of Aztec Ridge Drive. On June 3, 2014 Robert wrote to you, the
Town, concerning a Revocable Permit for Private Gate Across Public Road (which
the Town had granted in 1983) (the "Permit ") to the owners of 16348 Aztec Ridge
Drive, Los Gatos (Parcel 532 -26 -101). By that letter, we sought an amendment of
the Permit so we could use the gate and access our property by crossing over the
16348 Aztec Ridge Drive (the "Amendment').
Please be advised that we now abandon our request for the Amendment. Please be
further advised that we have reached an agreement with the new owners of 16348
Aztec Ridge Drive (the Scotts) whereby we will and do:
1. Support the Scotts efforts to have the Town abandon the public street
at the Gate and across 16348 Aztec Ridge Drive, such that fee title to
that road will revert to the Scotts, including without limitation, the Scott
"Application for Abandonment."
2. Support the abandonment of the Town's right of way across 16348
Aztec Ridge Drive.
3. Waive and release any abutter's or other rights of access to 16348
Aztec Ridge Drive (other than in connection with existing utilities).
Indeed, we have agreed to record a quitclaim in favor of the Scotts of
any right, title or interest we may have in or to the Scott Property,
reserving only certain rights to existing utility easements across the
Scott Property for the benefit of our property, and acknowledging, that
henceforth, we shall have no right of pedestrian, vehicular or other
access through the Scott Property except to maintain, repair, or
replace existing utilities. As further evidence of our support of the
abandonment, the document we are recording with the Scotts grants to
the Scott Property an easement in our property whereby we commit
that no road, path or other surface improvements that might afford
means of access shall be built on our property, within one foot of the
common boundary with the Scott Property at the Aztec Ridge Drive
ATTACHMENT
• Page 2
August 28,2WA
location. This easement shall run with the land and bind all successors
and assigns of our property. We also acknowledge the right of the
Scotts to erect a fence with no gate along our common property line.
4. Agree to reasonably cooperate with the Town's abandonment of its
right of way, so long as there is no cost to us, and we agree to execute
such other and further documents as the Town reasonably may
request in connection with the abandonment, including, without
limitation, a notarized affidavit of our support for the abandonment.
5. In consideration for good and valuable consideration, the receipt of
which we hereby acknowledge, and to the fullest extent permitted by
laws and regulations, we release the Town, its officers, elected
officials, agents and employees from any and all claims we have
(direct, indirect and consequential) pertaining to or arising out of the
abandonment of the real property which is the subject of the Scott
Application for Abandonment.
Robert A. Scranton
_TryX_
Yaffa Scranton