Mill Rise WayPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
MEETING DATE: 03/01/16
ITEM NO: 8
COUNCIL AGENDA REPORT
DATE: FEBRUARY 16, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION TO SUMMARILY VACATE A 10-FOOT WIDE STORM
DRAINAGE EASEMENT (SDE) AT 17148 MILL RISE WAY
RECOMMENDATION:
Adopt a resolution (Attachment 1) to summarily vacate a 10-foot wide Storm Drainage Easement (SDE)
at 17148 Mill Rise Way.
BACKGROUND:
The subject property is located at the end of Mill Rise Way near Phillips Avenue (Attachment 2). The
property was part of the Tract 2923 subdivision, recorded in the Santa Clara County Records in 1962.
The 10-foot wide SDE runs through and near the center of the property. The SDE was dedicated on the
recorded tract map and accepted by the County of Santa Clara prior to the property being annexed into
the Town.
On January 21, 2016, the Town received a request from Hanna and Brunetti, a civil engineering firm
company, on behalf of the property owners to summarily vacate the SDE at 17148 Mill Rise Way. The
easement vacation will allow the property owners to propose a new pool and retaining walls within the
easement area.
DISCUSSION:
Streets and Highways Code Section 8333 authorizes the Council to summarily vacate a public easement
when the easement has been superseded by relocation and there are no public facilities located within
the easement. The SDE has been superseded by relocation and a new SDE has been granted to the
Town by the property owners. There are no public facilities and utilities within the existing easement
area.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION TO SUMMARILY VACATE A 10-FOOT WIDE STORM
DRAINAGE EASEMENT AT 17148 MILL RISE WAY
FEBRUARY 16, 2016
DISCUSSION (cont’d):
The SDE is only for storm drainage and is not for the benefit of the utility companies. Therefore,
approval of the easement vacation from the utility companies is not necessary.
Upon recordation of the vacation, no further action by the Town will be required.
CONCLUSION:
Adopt a resolution (Attachment 1) to summarily vacate a 10-foot wide Storm Drainage Easement at
17148 Mill Rise Way.
ALTERNATIVES:
As an alternative to the above recommendation, Council may deny the summary vacation petition and
retain the Storm Drainage Easement on the property. If the Council choses to deny the summary
vacation petition it must make findings that the Storm Drainage Easement is needed for present or
prospective easement purposes and that the public convenience and necessity requires reservation of the
Easement.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There is no fiscal impact from this action.
Attachments:
1. Resolution to summarily vacate a 10-foot Storm Drainage Easement at 17148 Mill Rise Way.
2. Property Location Map.
Distribution:
David and Raquel Faugno, Property Owners, 17148 Mill Rise Way, Los Gatos, CA 95032.
Attachment 1
RESOLUTION 2016-
RESOLUTION OF THE TOWN OF LOS GATOS TO SUMMARILY VACATE A
10-FOOT WIDE STORM DRAINAGE EASEMENT AT 17148 MILL RISE WAY
RESOLVED, by the Town Council of the Town of Los Gatos California, that:
WHEREAS, Section 8333 of the Streets and Highways Code of the State of California
authorizes the Town Council to summarily vacate a public easement if the easement has been
superseded by relocation and there are no public facilities located within the easement; and
WHEREAS, the Town Council intends to summarily vacate a 10 foot-wide Storm
Drainage Easement (hereinafter the “Easement”) at 17148 Mill Rise Way, constituting all that real
property situated in the Town of Los Gatos, County of Santa Clara, State of California, more
particularly described in Exhibit A and depicted in Exhibit B; and
WHEREAS, the proposed vacation is not a project as defined under the California
Environmental Quality Act (CEQA); and
WHEREAS, the proposed Easement vacation has been superseded by relocation and a
new Easement has been granted to the Town by the property owners and there are no public
facilities and utilities within the existing easement area.
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, IT IS HEREBY ORDERED:
1. Pursuant to Section 8333 of the Streets and Highways Code, the Storm Drainage Easement
as described in Exhibit A and depicted in 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. The Town Clerk is directed to record a certified copy of this Resolution, including Exhibits
A & B hereto, with the County Recorder of Santa Clara County.
3. The Easement to be vacated herein will no longer constitute a public easement from and
after the date of recordation of the documents identified in Section 2 of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1st day
of March 2016, 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
Town of Los Gatos
17148 Mill Rise Way
Location Map
Date: 02-16-16Drawn By:3,000 RD Checked By:RD1:Sheet:Scale:
Attachment 2