HomeMy WebLinkAboutCity Council Resolution 00-054RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
DOCUMENT: 15441857
~0015441
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AMT PAl D
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
C~ty
RDE N 002
10/31/2000
4:01 PM
RESOLUTION NO. 0 0 - 0 5 4
RESOLUTION OF SUMMARY VACATION OF A PORTION OF A STREET
(ESTERLEE AVENUE - FORMERLY SAGE DRIVE)
Affecting portions of the following properties:
APN 503-28-073 (Esterlee Avenue)
APN 503-28-072 (21020 Canyon View Drive)
APN 503-26-040 (14440 Esterlee Avenue)
APN 503-26-002 (14436 Esterlee Avenue)
WHEREAS, application has been made to City on behalf of the owner of property generally known as
14440 Esterlee Avenue (formerly Sage Drive)(APN 503-26-040) for summary vacation of a portion of
Esterlee Avenue adjacent to said property as a public street; and
WHEREAS, Streets and Highways Code S8330, et seq. authorizes summary vacation of a street or
highway if certain criteria are met; and
WHEREAS, the Director of Public Works has determined that the portion of Esterlee Avenue requested
to be abandoned meets these statutory criteria for summary vacation, to wit:
For a period of five consecutive years, the street has been impassable for vehicular travel and no money
has been expended for maintenance on the street during such period;
NOW, THEREFORE, Be it Resolved By The City Council of The City of Saratoga as follows:
The portion of the street known as "Esterlee Avenue" (formerly Sage Drive), shown on that map
attached hereto as Exhibit A and described in Exhibit B incorporated herein by reference is
hereby summarily vacated.
2. The summary vacation of the subject portion of Esterlee Avenue (formerly Sage Drive) is made
pursuant to Streets and Highway
3. The facts under which the summary vacation is made are:
(a) The street has been impassable for vehicular travel for a period of five years, during
which period no public money has been expended for maintenance on the street.
From and after the date of this recordation of the resolution in the office of the Santa Clara
County Recorder, the subject portion of Esterlee Avenue (formerly Sage Drive) as shown on
Exhibit A and described in Exhibit B, vacated by this resolution, shall no longer constitute a
public street.
5. The reversion interests resulting from this summary vacation are described in Exhibit C attached
hereto.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on
the 1-a i-:1~ day of c~ ~ t-_ob e r ,2000, by the following vote of the members thereof:
AYES: Evan Baker, John Mehaffey, Nick Streit,
Mayor Stan Bogosian
NOES: None
Ann Waltonsmith,
ABSENT: None
ABSTAIN: None
Stan Bogosian, Mayor
N0:I °,
EXHIBIT 'A"
71 74'
P~RCEL 4 127.30'
125.69'
Ol / ~0 i30'
..JI
om Tract No 1318
m~, \Wildwood Heights
Z 68 Maps 16 & t7
Q- X o~-q' ' ~'~ ApriZ X7. 1956
×: PARCEL 2 PCL
×.4. ~ ~02.96' ~ 49.20' .25.80/"~
_~' / ~0~× S03°28 - 177.96'
/ ~ /AP~ 503-26-002/
Map No.2 of the Mary Springer Tract
K Maps 33 * May 4, 1905
ESTERLEE AVENUE
This Plat~~y me.
~RREN E. McDOWELL
License Expires 06-30-2004
7974 PUMPKIN DRIVE
CUPERTINO CA 95014
(408) 257-82~0
CITY of SARATOGA
SmEET VACATION
DATE: 09-15-2000
SCALE: 1''= 50'
EXHIBIT "B"
A 40 foot wide street Vacation of a portion
of Esterlee Avenue and a 103.62 foot street
40 foot wide appendage from and extending
Westerly from Esterlee Avenue, within the
City of Saratoga.
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being public streets to be vacated consisting of that portion of Esterlee Street, 40 foot wide,
lying between Canyon View Drive, on the North, Sage Avenue as Vacated by County of Santa Clara by
Resolution dated November 19, 1951, on the South, and that certain 40 foot street appendage extending
from that certain monument designated as R6 Westerly to terminate at that certain monument
designated as R7, on the West, as said monuments are shown on the Map No. 2 of the Mary Springer
Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of
Santa Clara, State of California, said streets to be Vacated being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4,
1905 in Book K of Maps at page 33 in the office of the Recorder of the Cx)unty of Santa Clara,
State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood
Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder
of the County of Santa Clara, State of California;
THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet;
THENCE Easterly, North 88.o 12'00"East for a distance of 68.58 feet to the Westerly line of Esterlee
Avenue;..
THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown on said
Tract No. 1318, North 03°28'00"West for a ~listance of 71.74 feet to a non-tangent curve
on the Southerly sideline of Canyon View Drive, 60 foot wide;
THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North
36°52'50"East having a Radius of 105.00 feet, a central angle of 17°32'50'' .and an arc
length of 32.16 feet to a point of tangency;
THENCE Northerly, North 19°20'00"East for a distance of 59.94 feet to a point on the Easterly
sideline of said Esterlee Avenue, 40 feet wide, said point being South 03 °28'00"East a
distance of 25.80 feet from the North corner of Lot 93 as said Lot is shown on said Map
No.2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03 °28'00"East
for a distance of 152.16 feet to the South corner of said Lot 93 as shown on Map No. 2
of the Mary Springer Tract;
THENCE Southwesterly, along the Southwesterly prolongation of the Southeasterly line of said Lot 93
South 30°06'00"West for a distance of 20.41 feet to a point that is on the Northwesterly
prolongation of the centerline of former Sage Avenue being distant thereon North 48 °28'00"West
a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said
Map No. 2 of the Mary Springer Tract;
THENCE Southeasterly, South 48°28'00"East for a distance of 8.71 feet to said monument R6;
THENCE Westerly, South 88° 12'00"West for a distance of 10.06 feet to a point on the Southwesterly
prolongation of the Southeasterly line of said Lot 93;
THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93,
South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly
prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide;
THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of
former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to
point that is point of intersection of the said Southwesterly sideline of former Sage
Avenue and the Southerly sideline of the 103.62 feet Street, 40 feet wide;
THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide,
South 88° 12'00"West for a distance of 96.11 feet;
THENCE Northerly, North 01 °48'00"West for a distance of 20.00 feet to R7, the Point of Beginning.
Containing therein 8220.649 square feet of land, more or less.
· This description prepared by me.
Warren E. McDowell
L~d Su~eyor No. 3414
License Expires: 06-30-96
EXHIBIT "C"
The reversionary interests of the four
adjoining property owners have been provided
here in Parcel 1, 2, 3, and 4, the effective
date of reversion shall be the date upon which
the street vacation is filed for record in
the office of the Recorder of the County of
Santa Clara.
PARCEL 1
All that certain real property situate within the CitY of Saratoga, County of Santa Clara, State of
California, being a public easement for street purposes which is being herewith vacated by the City
of Saratoga the subject lands described as Parcel 1 shall revert to that certain parcel of land
designated as APN: 503-28-073, now or formerly owned by Saratoga Oaks Homeowners Association,'
Inc., the reversion is in accord with the original property lines which have controlled the
neighborhood, and being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4,
1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara,
State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood
Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder
of the County of Santa Clara, State of California;
THENCE Easterly, from the Point of Beginning, along the centerline of the 103.62 feet street,
North 88° 12'00"East for a distance of 94.00 feet to a point on the Southwesterly
prolongation of the Southeasterly line of said Lot 93;
THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93,
South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly
prolongation of the Southwesterly sideline oF former Sage Avenue, 40 feet wide;
THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of
former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to
point that is point of intersection of the said Southwesterly sideline of former Sage
Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide;
THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide,
South 88 ° 12'00"West for a distance of 96.11 feet;
THENCE Northerly, North 01 °48'00"West for a distance of 20.00 feet to R7, the Point .of Beginning.
Containing therein 1818.425 square feet of land, more or less.
PARCEL 2
All that certain real property situate within the City of Saratoga, County of Santa Clara, ..State
of California, being a public easement for street purposes which is being herewith vacated by
the City of Saratoga the subject lands described as Parcel 2 shall revert to that certain parcel of
land designated as APN: 503-26-040, now or formerly owned by Michael T. Couch and Sheila
Moran Couch, the reversion is in accord with the original property lines which have controlled
the neighborhood, and being more particularly described as follows:
BEGINNING at a point that is the South corner of Lot 93 as shown on Map No. 2 of the Mary
Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the
Recorder of the County of Santa Clara, State of California;
THENCE Southwesterly, from the Point of Beginning, along the Southwesterly prolongation
of the Southeasterly line of said Lot 93 South 30o06'00'' West for a distance of 20.41
feet to a point that is on the Northwesterly prolongation of the centerline of former
Sage Avenue being distant thereon North 48 °28'00" West a distance of 8.71 feet from
a monument designated as R6 as said monument is shown on said Map No. 2 of the
Mary Springer Tract;
THENCE Southeasterly, South 48028'00'' East for a distance of 8.71 feet to said monument
R6;
THENCE Westerly, South 88012'00'' West for a distance of 14.88 feet to a point that is the
intersection point on the line between the monuments designated as R6 and R7 as
shown on said Map No. 2 of the Mary Springer Tract and the Southerly prolongation of
the centerline of Esterlee Avenue;
THENCE Northerly, along the said centerline of Esterlee Avenue North 03 °28'00" West for a
distance of 125.69 feet;
THENCE Easterly, North 86032'00'' East for a distance of 20.00 feet to a point that is distant
South 03o28'00'' East a distance of 75.00 feet from the North corner of said Lot 93 as
shown on Map No. 2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide,
South 03o28'00'' East for a distance of 102.96 feet to the South corner of said Lot 93,
said point also being Point of Beginning.
Containing therein 2372.765 square feet of land, more or less.
PARCEL 3
All that certain real property situate within the City of Saratoga, County of Santa Clara, State
of California, being a public easement for street purposes which is being herewith vacated by
the City of Saratoga the subject lands described as Parcel 3 shall revert to that certain parcel of
land designated as APN: 503-26-002, now or formerly owned by Phillip D. Jacklin, the rever-
sion is in accord with the original property lines which have controlled the neighborhood, and
being more particularly described as follows:
BEGINNING at a point on the Easterly sideline of Esterlee Avenue, 40 feet wide, said
said point being distant thereon South 03 °28'00" East a distance of 75.00 feet
from the North corner of Lot 93 as said Lot is shown on Map No. 2 of the Mary
Springer Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the
Recorder of the County of Santa Clara, State of California;
THENCE Westerly, South 86032'00'' West for a distance of 20.00 feet to a point on the
centerline of Esterlee Avenue as shown on said Map No. 2 of the Mary Springer Tract;
THENCE Northerly, along said centerline of Esterlee Avenue, North 03 °28'00" West for a
distance of 1.62 feet to the intersection of said centerline and the Southeasterly
sideline of Canyon View Drive, 60 feet wide, as Canyon View Drive is shown on the
map of Tract No. 1318 filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in
the office of the Recorder of the County of Santa Clara, State of California;
THENCE Northerly, North 19°20'00" East for a distance of 51.61 feet to a point on the
Easterly sideline of said Esterlee Avenue, 40 feet wide, said point being
South 03 °28'00" East a distance of 25.80 feet from the North corner of Lot 93 as
said Lot is shown on said Map No. 2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide,
South 03°28'00'' East for a distance of 49.20 feet to the Point of Beginning.
Containing therein 508.123 square feet of land, more or less.
PARCEL 4
All that certain real property situate within the City of Saratoga, County of Santa Clara, State
of California, being a public easement for street purposes which is being herewith vacated by
the City of Saratoga the subject lands described as Parcel 4 shall revert to that certain parcel of
land designated as APN: 503-28-072, now or formerly owned by James N. Wholey and Louise
A. Wholey, the reversion is in accord with the original property lines which have controlled
the neighborhood, and being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mar Springer Tract filed
May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County
of Santa Clara, State of California, said monument R7 being also shown on the map of
Tract No. 1318, Wildwood Heights, filed April 17, 1956 in Book 68 of Maps at pages
16 & 17 in the office of the Recorder of the County of Santa Clara, State of California;
THENCE Northerly, from the Point of Beginning, North 01 °48'00" West for a distance of
20.00 feet;
THENCE Easterly, North 88012'00'' East for a distance of 68.58 feet to the Westerly line of
Esterlee Avenue;
THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown
on said Tract No. 1318, North 03028'00'' West for a distance of 71.74 feet to a non-
tangent curve on the Southerly sideline of Canyon View Drive, 60 feet wide;
THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North
36052'50'' East having a Radius of 105.00 feet, a central angle of 17032'50'' and an arc
length of 32.16 feet to a point of tangency;
THENCE Northerly, North 19°20'00'' East for a distance of 8.33 feet to a point that is the
intersection of the Southeasterly line of said Canyon View Drive and the centerline of
Esterlee Avenue, 40 feet wide, as shown on said Map No. 2 of the Mary Springer
Tract;
THENCE Southerly, along the centerline of Esterlee Avenue, 40 feet wide, South 03°28'00"
East for a distance of 127.30 feet to a point that is the intersection of the centerline and
its prolongation of said Esterlee Avenue and the centerline of former Sage Avenue
shown on said Map No. 2 of the Mary Springer Tract as having 103.62 feet between
monument R6 and monument R7;
THENCE Westerly, along said 103.62 feet former Sage Street, 40 feet wide, South 88012'00''
West for a distance of 89.17 feet to monument R7, being the Point of Beginning.
Containing therein 3521.301 square feet of land, more or less.
These,descriptions wery,-prepared by the undersigned.
.09-15/2000 ,~. d / ~
~/~arren . McDowell
Land Surveyor No. 3414
License Expires: 06-30-2004
.. ,~CALIFORNIA ALL-PURPOSE ACKNOWLED~MENI'
State of On/'l ~ n'~ CL
On ~O'~' before me, ~ ~ ~~leC ,t
~ATE - .
NAME, TI~E OF OFFICE~. E.G., 'JANE ~E. ~T~Y ~
personally appeared
monally known to m~ - O~ - ~ ~rov~ to m~ on t~ ~a~ of ~afi~facto~
su~cd~d to th~ within instrument and
tho ~am~ in h~/h~r/th~ir authorized
ca~acity(i~), and that ~y h~lh~r/th~ir
si~natum(~) on th~ in~trum~m th~ ~r~on(~),
or th~ ~ntity u~on. ~half of wh~c~
~r~on(~) acted, ~x~cut~d th~ in~trumont.
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