Subject: APPROVAL OF A DEED CONVEYING PROPERTY TO THE TOWN OF LOS GATOS

RECOMMENDATION

Adoption of a resolution authorizing the City Clerk to execute a quitclaim deed conveying 600 sq. ft. of real property situated in the Town of Los Gatos at the convergence of Camino Del Cerro and Ross Creek to the Town of Los Gatos.

BACKGROUND

In 1981 the Santa Clara Valley Water District transferred title to the City of San Jose to 20 parcels of land at bridge locations over Ross Creek while retaining easements for the creek itself. One of these properties was the pedestrian bridge that crosses Ross Creek at Camino del Cerro in the Town of Los Gatos. The bridge was originally constructed in the 1970’s on Water District Land under a permit issued by the District as a part of Town of Los Gatos public improvements for the neighboring development.

In February of 2002 the Town of Los Gatos approached the Water District for a permit to make some ADA modifications to the existing Camino del Cerro pedestrian bridge. It was while reviewing the Town’s request that the Water District became aware of their 1981 error when they inadvertently transferred the underlying fee of the Camino Del Cerro pedestrian bridge right-of-way to the City of San Jose.

ANALYSIS

In March of 2003 the Department of General Services was contacted by Santa Clara Valley Water District Real Estate staff asking that the City of San Jose issue a quitclaim deed to the Town of Los Gatos transferring fee title to the right-of-way beneath the pedestrian bridge across Ross Creek at Camino Del Cerro in the Town of Los Gatos.

In response to the Water District’s request, staff have prepared a quitclaim deed transferring the City’s interest in this right-of-way to the town of Los Gatos. No additional agreement between the parties will be prepared and their respective rights in this transaction will be governed by existing law.

PUBLIC OUTREACH

Not Applicable

COORDINATION

This memorandum has been coordinated with the City Attorney's Office.

COST IMPLICATIONS

The property being transferred is right-of-way within the Town of Los Gatos and as such has little or no value to the City of San Jose. The transfer of this property to the Town of Los Gatos will eliminate any potential liability the City might have in connection with the pedestrian bridge over Ross Creek at Camino Del Cerro. This is just a corrective action, it has not fiscal impact.

CEQA:

Not a project.

JOSE OBREGON

Director of General Services