HomeMy WebLinkAboutCity Council Resolution 14-063 Vacating the Easement for Light and Air on Lot 4 of Tract 1206 - 14835 Baranga Lane RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RESOLUTION NO. 14-063
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
VACATING A DEDICATED EASEMENT FOR LIGHT AND AIR
WHEREAS, application has been made to City on behalf of the owner of property
generally known as 14835 Baranga Lane (APN 397-18-037) for summary vacation of easement
for Light and Air under, on and over that certain strip of land lying between the property side
line and the line designated"building line" or`B/L" as shown on Lot 4 of that Final Map for
Tract No. 1206 recorded and filed in Book 46 of Maps, Page 8 in the Office of the County
Recorder of the County of Santa Clara, State of California, on September 23, 1953 (hereinafter
referred to as "Final Map"); and
WHEREAS, California Government Code Section 66477.2 provides that offers of
dedication of any streets,paths, alleys,public utility easements, and similar items, which directly
benefit the residents of a subdivision, may be terminated and abandoned in the same manner as
prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of
Division 9 of the Streets and Highways Code; and
WHEREAS, Streets and Highways Code Section 8330, et seq. authorizes summary
vacation of a street or highway if certain criteria are met; and
WHEREAS, the City has determined that the easement for Light and Air under, on and
over that certain strip of land lying between the property side line and the line designated
"building line" or`B/L" as shown on Lot 4 of that Final Map for Tract No. 1206 has not been
continuously used as an easement for air and light for the five consecutive years immediately
preceding the date of this resolution.
NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga as follows:
1. The easement for Light and Air under, on and over that certain strip of land lying
between the property side line and the line designated"building line" or"B/L" as shown
on Lot 4 of that Final Map for Tract No. 1206 recorded and filed in Book 46 of Maps,
Page 8 in the Office of the County Recorder of the County of Santa Clara, State of
California, on September 23, 1953 is hereby vacated pursuant to the Chapter 4 of Part 3
of Division 9 of the California Streets and Highway Code; and
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2. The fact under which the summary vacation is made are that the easement has not been
continuously used as an easement for air and light for the five consecutive years
immediately preceding the date of this resolution; and
3. From and after the date that this resolution is recorded, said easement for Light and Air
shall no longer constitute an easement for Light and Air on said lot; and
4. All other easements identified, described and delineated on the Final Map are not vacated
by the City at this time.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 5th day of November, 2014 by the following vote:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Emily Lo, Mayor
ATTEST:
a -t/ DATE: 1 x 2 0
Cx tal Bothelio, City Clerk
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