HomeMy WebLinkAboutCity Council Resolution 16-071 -Vacating easement-MontalvoRECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION N.O. 16-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
VACATING A PORTION OF EMERGENCY ACCESS EASEMENT
WHEREAS, on February 8, 2007, the City of Saratoga (hereinafter referred to as
"City") accepted Grant of Emergency Access Easement from Montalvo Arts Center
(hereinafter referred to as "Montalvo") recorded by Santa Clara County Recorder as
Document No. 19316949 on the property generally known as 15400 Montalvo Road,
APN 517-15-012; and
WHEREAS, Montalvo requested to relocate a portion of the referenced existing
Emergency Access Easement and executed a new Grant of Emergency Access Easement
attached here as Exhibit A; and
WHEREAS, the City agreed to relocate referenced Emergency Access Easement
by accepting the new Grant of Emergency Access Easement and vacating a portion of the
existing Emergency Access Easement no longer needed; and
WHEREAS, all necessary documents for the recordation of the vacated portion of
the Emergency Access Easement were prepared in acceptable form and content including
legal description vacating a portion of the existing Emergency Access Easement attached
hereto as Exhibit B; and
WHEREAS, the City Council finds that with the relocation of a portion of the
referenced existing Emergency Access Easement, vacation of the portion of the
Emergency Access Easement is unnecessary for present or prospective public use and
vacates the portion of the Emergency Access Easement pursuant to Streets and Highways
Code section 8335.
WHEREAS, a public service easement may be summarily vacated pusuant to
Streets and Highways Code section 8333 if the easement has been superseded by relocation
as it is here; and
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE
CITY OF SARATOGA as follows:
1. The preexisting Emergency Access Easement on property identified as 15400
Montalvo Road (APN 517-15-012) as described on the attached Exhibit B is
hereby vacated and from and after the date that this Resolution is recorded in the
office of the Santa Clara County Recorder, said easement shall no longer
constitute an easement on said property; and
2. No other easements identified, described and delineated on the property identified
as 15400 Montalvo Road (APN 517-15-012) are abandoned or vacated by the
City by virtue of this Resolution.
3. The City Clerk is hereby authorized and directed to record this Resolution
vacating a portion of the Preexisting Emergency Access Easement.
Passed and adopted on the December 21, 2016 by the CITY COUNCIL OF THE CITY
OF SARATOGA by the following vote of the members thereof:
AYES: Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Member E.
Manny Cappello, Howard A. Miller
NOES:
ABSENT: Council Member Rishi Kumar
ABSTAIN:
ATTEST:
C`Crysfal Bothelio, City Clerk
Emily Lo, Mayor
DATE: (.lo