HomeMy WebLinkAboutCity Council Resolution 18-064 offer to dedicate storm drainRESOLUTION NO. 18-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ACCEPT AN OFFER TO DEDICATE TO THE CITY OF SARATOGA AN
EASEMENT FOR STORM DRAINAGE AND CONTROL
FROM BOGUSLAW MARCINKOWSKI
APN 503-15-042
WHEREAS, as a result of litigation including, among others, the City of Saratoga and
Boguslaw Marcinkowski, trustee of the Boguslaw J. Marcinkowski Revocable Trust (hereinafter
"Marcinkowski"), the City of Saratoga entered into a Settlement Agreement in September 2001,
regarding Storm Drainage and Control running from Chadwick Court across the property
commonly known as Lot 7, Tract No. 7770 Chadwick Place, map filed on October 14, 1988,
Map Book 592, Pages 1, 2, and 3, Santa Clara County Records, APN 503-15-042, Saratoga,
California ("Marcinkowski Property"); and
WHEREAS, the Settlement Agreement required Marcinkowski to provide adequate
infrastructure for Storm Drainage and Control related to the Marcinkowski Property including,
but not limited to, the repair of the existing landslide by construction of a geogrid repair or the
installation of rip rap to stabilize the upper portions of the failed slope, and reconstruction and
extension of the storm drain pipe, which work has been completed; and
WHEREAS, the Settlement Agreement required the City of Saratoga to accept an Offer
of Dedication of Easement from Marcinkowski for a drainage easement related to the storm
drainage infrastructure upon completion by Marcinkowski of all work required pursuant to the
Settlement Agreement and after Marcinkowski provided the City of Saratoga with a survey of
the "as built" location of the storm drainage infrastructure and appropriate deed agreements; and
WHEREAS, a final inspection has been completed by the City geotechnical consultant
and Marcinkowski has performed one final full maintenance of the storm drain and provided a
maintenance report to the satisfaction of Public Works; and
WHEREAS, the City Council desires to accept and authorize the recordation of the
"Offer to Dedicate Easement for Storm Drainage, Retention and Control Improvements and
System" for the property referenced above and located in the City of Saratoga and more fully
described in Exhibit A attached thereto; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga
as follows:
1. The City Council hereby accepts the "Offer of Dedication of Easement for Storm
Drainage, Retention and Control Improvements and System," attached hereto as
Exhibit A.
2. The City Manager of the City of Saratoga is hereby authorized to execute the
Certificate of Acceptance attached as Exhibit B on behalf of the City and to record
the "Offer of Dedication of Easement for Storm Drainage, Retention and Control
Improvements and System" and Certificate of Acceptance thereof.
3. This action is categorically exempt from CEQA pursuant to CEQA Guidelines
sections 15303 (small facilities) and 15061(b)(3), which provides that CEQA applies
only to projects which have the potential to cause a significant effect on the
environment and where, as here, it can be seen with certainty that there is no
reasonable possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 5th day of December, 2018 by the following vote:
AYES: Mayor Mary -Lynne Bernald, Vice Mayor E. Manny Cappello, Council
Members Howard A. Miller, Emily Lo, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Debbie Bretschneider, City Clerk
M. gl y T Bernald, Mayor
City of Saratoga
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