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HomeMy WebLinkAboutCity Council Resolution 18-065 vacating service easementRESOLUTION NO. 18-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A PUBLIC SERVICE EASEMENT WHEREAS, a public service easement for the purposes of a storm drain runs under and/or through the real property commonly known as Lot 7, Tract No. 7770 Chadwick Place, map filed on October 14, 1988, Map Book 592, Page(s) 1, 2, and 3, Santa Clara County Records, APN 503-15-042, Saratoga, California ("Marcinkowski Property"); and WHEREAS, an Owner's Certificate (Attachment A) for the Marcinkowski Property was recorded on said property on October 14, 1988; and WHEREAS, the Owner's Certificate dedicated a Public Use Easement ("Storm Drain Easement") for sanitary sewer and storm drain purposes under, on or over those certain strips of land designated in the Owner's Certificate and said easement was to be kept free from all buildings and structures of any kind except irrigation systems and appurtenances thereto, and lawful fences; and WHEREAS, as a result of litigation including, among others, the City of Saratoga and Boguslaw Marcinkowski, trustee of the Boguslaw J. Marcinkowski Revocable Trust ("Marcinkowski"), the City of Saratoga entered into a Settlement Agreement in September 2001, regarding Storm Drainage and Control running from Chadwick Court across the Marcinkowski Property; and WHEREAS, as a result of the litigation, the City Council accepted an "Offer of Dedication of Easement for Storm Drainage, Retention and Control Improvements and System" from Marcinkowski on the Marcinkowski Property, which was approved and signed by the Saratoga City Council on December 5, 2018; and WHEREAS, approval of the "Offer of Dedication of Easement for Storm Drainage, Retention and Control Improvements and System" rendered the prior Storm Drain Easement as described in the Owner's Certificate recorded on October 14, 1988 superfluous; and WHEREAS, a public service easement may be summarily vacated pursuant to Streets and Highways Code Section 8333 if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, all legally required notice for Vacating the above described Storm Drain Easement has been given; and WHEREAS, pursuant to Streets and Highways Code section 8336, the City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located, and no fee shall be charged for this recordation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby finds that: 1) The foregoing recitals are true and correct; 2) The October 14, 1988 Storm Drain Easement as described in the Owner's Certificate (Attachment A) is unnecessary for present or prospective use because it is being replaced by the new Storm Drain Easement as described in the "Offer of Dedication of Easement for Storm Drainage, Retention and Control Improvements and System;" 3) The City hereby vacates the Storm Drain Easement pursuant to Streets and Highways Code section 8335, such that from and after the date this Resolution is recorded, the Marcinkwoski Property Storm Drain Easement identified in the Owner's.Certificate recorded October 14, 1988 no longer constitutes a public service easement; and 4) 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. 5) Pursuant to Streets and Highways Code section 8336, the City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the Recorder of the County of Santa Clara. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga 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: bie Bretschneider, City Clerk Mary-ne Fernald, Mayor 2�k Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa/ -6,- On l 21 (2-4, al before me, D-e- Ip bi e. !✓eA-sd) t c2 dlow- /t/d+rtAi Date Here Insert Name and Title of the Officer personally appeared AA - Ln i e..A.Aaa 4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAH BRETSCHNEIDER Notary Public - California Santa Clara County Commission # 2187770 My Comm. Expires Mar 23, 2021 Place Notary Seal Above WITNESS my had and official seal. Signature OPTIONAL ignature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907