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HomeMy WebLinkAboutCity Council Resolution 19-015 vacating unused portion Saratoga-Sunnyvale roadRESOLUTION NO. 19-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING AN UNUSED PORTION OF SARATOGA-SUNNYVALE ROAD, VACATING A PORTION OF A PUBLIC UTILITY EASEMENT, VACATING A PORTION OF A FENCE EASEMENT, AND VACATING A PORTION OF A NON - ACCESS EASEMENT WHEREAS, an 19-foot-wide, unused portion of Saratoga -Sunnyvale Road (described in Exhibit A and shown in Exhibit B) lies along the eastern boundary of that property commonly known as APN 503-19-030, 13251 Paramount Drive, Saratoga, California and as Lot 23 (the "Property") on the Final Map for Tract No. 4673 ("Final Map"), recorded and filed in Map Book 255, Pages 9 and 10 in the office of the Recorder of the County of Santa Clara; and WHEREAS, on or around July 20, 2000, the California Department of Transportation relinquished to the City of Saratoga all of the State of California's right, title, and interest in Saratoga -Sunnyvale Road between Prospect Road and State Route 9, including the portion of the road that borders the Property and is described in Exhibit A and shown in Exhibit B; and WHEREAS, an excess of right of way for a street or highway may be summarily vacated pursuant to Streets and Highways Code Section 8334(a) where that excess right of way is not required for street or highway purposes; and WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission of the City of Saratoga has found that vacation of the 19-foot-wide portion of Saratoga - Sunnyvale Road that borders the Property, described on Exhibit A and shown in Exhibit B, conforms with the City's General Plan; and WHEREAS, a portion of a 10-foot Public Utility Easement and a 3-foot Fence Easement, both held by the City, lie within the Property, along the Property's eastern boundary, as shown on the Final Map, as referenced in City Council Resolution No. 36-B-125, dated May 19, 1971, and as described in Exhibit C and shown in Exhibit D to this Resolution; and WHEREAS, a portion of a Non -Access Easement (i.e., an easement for City of Saratoga egress and ingress) held by the City lies with the 19-foot-wide portion of Saratoga -Sunnyvale Road that borders the Property, as shown on the Final Map, as referenced in City Council Resolution No. 36-B-125, dated May 19, 1971, and as described in Exhibit C and shown in Exhibit D to this Resolution; and WHEREAS, the Public Utility Easement, the Fence Easement, and the Non -Access Easement are all public service easements; and WHEREAS, a public service easement may be summarily vacated pursuant to Streets and Highways Code Section 8333 if that easement has not be used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, or if that easement determined to be excess by the easement holder and there are no other public facilities located within the easement; and WHEREAS, application has been made to the City on behalf of the owner of the Property for summary vacation of the 19-foot wide, unused portion of Saratoga -Sunnyvale Road as described in Exhibit A and shown in Exhibit B, and for summary vacation of the portions of the Public Utility Easement, the Fence Easement, and the Non -Access Easement that lie within the Property and along the Property's eastern boundary, as described in Exhibit C and shown in Exhibit D; and WHEREAS, all legally required notice for vacating the above -described 19-foot-wide, unused portion of Saratoga -Sunnyvale Road and of the above -described portions of the Public Utility Easement, the Public Fence Easement, and the Non -Access Easement have 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 acknowledgement, certificate of acknowledgement, or further proof in the Office of the Recorder of the County of Santa Clara, 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 19-foot-wide, unused portion of Saratoga -Sunnyvale Road that lies along the eastern boundary of the Property, described in Exhibit A and shown in Exhibit B, is summarily vacated pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, such that after the date this Resolution is recorded, the portion of that Road described in Exhibit A and shown in Exhibit B shall no longer constitute a public street; and 3. The summary vacation of this portion of Saratoga -Sunnyvale Road is made based on the fact that, pursuant to Streets and Highway Code section 8334(a), this is an excess portion of that Road unnecessary for present or future street or highway purposes; and 4. The vacation of this portion of Saratoga -Sunnyvale Road has been found by the Planning Commission of the City of Saratoga to be in conformity with the City of Saratoga General Plan; and 5. The portion of the Public Utility Easement, the Fence Easement, and the Non -Access Easement, that lie within the Property and along the Property's eastern boundary, as described in Exhibit C and shown in Exhibit D, are summarily vacated pursuant to Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code, such that after the date this Resolution is recorded, the portions of these easements described in Exhibit C and shown in Exhibit D shall no longer constitute public service easements; and 6. These summary vacations of the portions of the Public Utility Easement, the Fence Easement, and the Non -Access Easement are made based on the fact that, pursuant to Streets and Highways Code Section 8333, these easements have not been used for the purpose for which they were dedicated or acquired for the five consecutive years immediately prior to the adoption of this resolution, and are in excess and contain no public facilities; and 7. All other easements identified, described and delineated on the Final Map and accepted in City Council Resolution No. 36-B-125, dated May 19, 1971, and any other easements that exist within Tract No. 4673, will remain in effect and are not changed by this action; and 8. This action is categorically exempt from CEQA pursuant to CEQA Guidelines section 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; and 9. 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 acknowledgement, certificate of acknowledgement, or further proof in the Office of the Recorder of the County of Santa Clara, and no fee shall be charged for this recordation. The above resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of April, 2019 by the following vote: AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi Kumar, Mary -Lynne Bernald, Yan Zhao NOES: ABSENT: ABSTAIN: ebbie Bretschneider, City Clerk anny Cappello, Mayor