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Home My WebLink About09-01-2010 SUPPLEMENTAL COUNCIL AGENDAMemo. To: City Council From: Ann Sullivan Date: September 1, 2010 Re: AGENDA ITEM NO. 10 — Parker Ranch Upper Tank Trail Easement Relocation on Two Properties Attached is a revised Resolution from Iveta Harvancik regarding the above item/s. A "red- lined" version is also attached depicting the changes that were made to the resolution after it was sent to you in your Council packet. nMI , N P Memo To: Mayor and City Council Members From: Iveta Harvancik, Senior Engineer Date: September 1, 2010 Re: City Council Meeting Agenda Item Number 10 Parker Ranch Upper Tank Trail Easement Relocation on Two Properties One of the Resolutions submitted with this item needed revisions. Attached is the revised Resolution Accepting Offer to Dedicate Trail Easement and Abandoning Trail Easement on Country Club Property. Please consider approving the attached Resolution instead of the one submitted with the staff report. The second Resolution for the trail easement on Parker Ranch Open Space Property as submitted with the staff report is correct. Thank you. RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT AND ABANDONING TRAIL EASEMENT WHEREAS, on March 23, 2009, the City of Saratoga (hereinafter referred to as "City ") and Saratoga Country Club (hereinafter referred to as "Owner ") entered into an Agreement to Relocate Pedestrian and Equestrian Trail (hereinafter referred to as "Agreement ") on Owner's property located at 21990 Prospect Road (APN 366 -29 -007); and WHEREAS, per the referenced Agreement, the City agreed to relocate the pedestrian and equestrian trail and prepare all necessary documents for the recordation of the new pedestrian and equestrian trail easement and abandonment of the trail easement no longer needed; and WHEREAS, per the referenced Agreement, the Owner agreed to dedicate a new pedestrian and equestrian trail easement after the completion of the trail relocation; and WHEREAS, the City completed the trail relocation; and WHEREAS, the Owner signed the Offer to Dedicate Pedestrian and Equestrian Easement attached hereto as Exhibit A; and WHEREAS, the City prepared all necessary documents for the recordation of the relocated trail easement dedication in acceptable form and content including legal description attached hereto as Exhibit B and plat plan attached hereto as Exhibit C; and WHEREAS, the City prepared all necessary documents for the recordation of the trail easement abandonment in acceptable form and content including legal description attached hereto as Exhibit D and plat plan attached hereto as Exhibit E; and WHEREAS, the City Council has determined that the acceptance of the Offer to Dedicate Trail Easement and abandonment of the preexisting trail easement would be in compliance with the referenced Agreement and in the public interest. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: The Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits A, B and C is hereby accepted; and 2. The preexisting Pedestrian and Equestrian Trail Easement on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits D and E is hereby abandoned and from and after the date that this resolution is recorded in the office of the Santa Clara County Recorder, said trail easement shall no longer constitute an easement on said property; and No other easements identified, described and delineated on the property located at 21990 Prospect Road (APN 366 -29 -007) are abandoned or vacated by the City by virtue of this Resolution. 4. The City Clerk is hereby authorized and directed to record the Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail and this Resolution Accepting Offer for relocated Trail Easement and abandonment of preexisting Trail Easement. Passed and adopted on the , 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor City of Saratoga Attest: Arm Sullivan, City Clerk RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT AND ABANDONING TRAIL EASEMENT WHEREAS, on March 23, 2009, the City of Saratoga (hereinafter referred to as "City ") and Saratoga Country Club (hereinafter referred to as "Owner ") entered into an Agreement to Relocate Pedestrian and Equestrian Trail (hereinafter referred to as "Agreement ") on Owner's property located at 21990 Prospect Road (APN 366 -29 -007); and WHEREAS, per the referenced Agreement, the City agreed to relocate the pedestrian and equestrian trail and prepare all necessary documents for the recordation of the new pedestrian and equestrian trail easement and abandonment of the trail easement no longer needed; and WHEREAS, per the referenced Agreement, the Owner agreed to dedicate a new pedestrian and equestrian trail easement after the completion of the trail relocation; and WHEREAS, the City completed the trail relocation; and WHEREAS, the Owner signed the Offer to Dedicate Pedestrian and Equestrian Easement attached hereto as Exhibit A; and WHEREAS, the City prepared all necessary documents for the recordation of the relocated trail easement dedication in acceptable form and content including legal description attached hereto as Exhibit B and plat plan attached hereto as Exhibit C; and WHEREAS, the City prepared all necessary documents for the recordation of the trail easement abandonment in acceptable form and content including legal description attached hereto as Exhibit D and plat plan attached hereto as Exhibit E; and WHEREAS, the City Council has determined that the acceptance of the Offer to Dedicate Trail Easement and abandonment of the preexisting trail easement would be in compliance with the referenced Agreement and in the public interest. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: 1. The Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits A, B and C is hereby accepted; and 2. The preexisting Pedestrian and Equestrian Trail Easement on property located at 21990 Prospect Road (APN 366 -29 -007) as described on the attached Exhibits D and E is hereby abandoned and from and after the date that this resolution is recorded in the office of the Santa Clara County Recorder, said trail easement shall no longer constitute an easement on said property; and 3. NoAJI other easements identified, described and delineated on the property located at 21990 Prospect Road (APN 366 -29 -007) are abandoned or vacated by the City by virtue of this Resolution*. 4. The City Clerk is hereby authorized and directed to record the Offer to Dedicate Pedestrian and Equestrian Trail Easement for the relocated Trail and this Resolution Accepting Offer for relocated Trail and abandonment of preexisting Trail. Passed and adopted on the , 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Kathleen King, Mayor City of Saratoga Attest: Ann Sullivan, City Clerk MOVIE WIG W AT WILDWOOD PARK Sept 11, 2010 7:3opm "NATIONAL W IEL A 0 lu IEL 99 • FREE FREE Bring a Chair, Blanket, and Flashlight Sponsored by Downtown Merchants Group Saratoga Chamber of Commerce Saratoga City Council Saratoga Monte Sereno Community Foundation Saratoga Parks and Recreation Commission movie in ine Park • I September l ith @ 70 3OPm Wildwood Park, Saratoga .2� .� ¥k .»� 3 - � .�: � Z S Music tart at S yood p� Raffle tickets and P riz e s Bring in receipts from your purchases in The Village Dated Sept. 6-11th in exchange for Raffle tickets!