HomeMy WebLinkAboutCity Council Resolution 19-016 -sale of portion of Saratoga-sunnyvale roadRESOLUTION NO.19-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SALE OF AN UNUSED PORTION OF SARATOGA-
SUNNYVALE ROAD
WHEREAS, an 19-foot-wide, unused portion of Saratoga -Sunnyvale Road (the
"Property") lies along the eastern boundary of that property commonly known as APN 503-19-
030, 13251 Paramount Drive, Saratoga, California and as Lot 23 on the Final Map for Tract No.
4673, 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 13251 Paramount Drive; and
WHEREAS, pursuant to Government Code section 65402(a), the Planning Commission
of the City of Saratoga has found that vacation of the Property as a road conforms with the City's
General Plan; and
WHEREAS, concurrently with consideration of this Resolution, the City Council has
approved vacation of the Property as a road, under Streets and Highways Code Section 8334(a)
and vacation of portions of public service easements that lie within the Property and within
13251 Paramount Drive, under Streets and Highways Code Section 8333; and
WHEREAS, staff has negotiated a Purchase and Sale Agreement (the "Purchase and
Sale Agreement") with Pasquale V. Martire, as Trustee of the Pasquale V. Martire Trust, the
owner of the adjoining property (Assessor's Parcel No. 503-19-130), that specifies the terms and
conditions for the sale of the Property; and
WHEREAS, the Property will become a part of the Buyer's property; and
WHEREAS, funds from the sale of the Property will be used for pedestrian
improvements along Saratoga -Sunnyvale Road; and
WHEREAS, the Purchase and Sale Agreement provides that the purchase price for the
Property shall be $92,183.20.
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 Property is not needed for any governmental purpose and disposition of the Property
for the Project pursuant to the Purchase and Sale Agreement will be for the common benefit.
3. The Purchase and Sale Agreement in the form presented to the City Council is approved,
and the City Manager or his designee is authorized to execute the Purchase and Sale Agreement
substantially in such form.
4. The City Manager or his designee are authorized and directed execute such additional
instruments and to take such actions as necessary to carry out the intent of this Resolution,
including without limitation, the execution and delivery of a quitclaim deed for the Property
upon the satisfaction of the conditions precedent set forth in the Purchase and Sale Agreement.
5. Any funds from the sale of the Property shall be used for pedestrian improvements along
Saratoga -Sunnyvale Road.
6. The sale of the Property and it becoming a part of the buyer's adjoining property 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
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:
E. Manny Cappello, Mayor
Att
Debbie Bretschneide r
City Clerk