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Home My WebLink AboutCity Council Resolution 19-051 vacating land on Scully avenue 24280227 Regina Alcomendras Santa Clara County - Clerk-Recorder 09/13/2019 11:38 AM RECORDING REQUESTED BY, Titles:$ 1 Pages: 40.00 AND WHEN RECORDED MAIL TO: Taxes: $ Total: $0.00 City Clerk III 14��.��'riZN.f:i�k��Y4�� 1 �'��Gf��I� iRh'��L�r� II III City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO. 19-051 ...... ,_ _ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED RIGHT-OF-WAY EASEMENT FOR SCULLY AVENUE WHEREAS, application has been made to City on behalf of the owner of property generally known as 12499 Scully Avenue(APN 386-04-016& 017) for summary vacation of a right-of-way easement for Scully Avenue being under,on, and above a portion of the lands described in deed Document No. 24086911, Official Records of Santa Clara County,being described for purposes of vacation of any and all public utility easements,public rights of way, or building restrictions, except as expressly reserved on Exhibits"A"and`B"hereto,which exhibits are hereby incorporated by reference; and WHEREAS, California Government Code Section 66477.2 provides that offers of dedication of any streets, paths, alleys,public utility easements,and similar items, which directly benefit the residents of a subdivision, may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, Streets and Highways Code Section 8330, et seq. authorizes summary vacation of a street or highway if certain criteria are met; and WHEREAS,the City has determined that the right-of-way easement for Scully Avenue being under,on, and above a portion of the lands described in deed Document No. 24086911 and described on Exhibits"A"and `B"has not been continuously used for the purposes for which it was dedicated for the five consecutive years immediately preceding the date of this resolution and is not required for street or highway purposes. NOW, THEREFORE,be it resolved by the City Council of the City of Saratoga as follows: 1. The right-of-way easement for Scully Avenue being under, on, and above a portion of the lands described in deed Document No. 24086911, Official Records of Santa Clara County,being described for purposes of vacation of any and all public utility easements, public rights of way, or building restrictions, except as expressly reserved as shown on Exhibits"A"and"B" is hereby vacated pursuant to the Chapter 4 of Part 3 of Division 9 of the California Streets and Highway Code;and 2. The facts under which the summary vacation is made are that the right-of-way easement has not been continuously used for the purposes for which it was dedicated for the five consecutive years immediately preceding the date of this resolution and is not necessary for street or highway purposes; and 3. From and after the date that this resolution is recorded, said right-of-way easement for Scully Avenue shall no longer constitute a right-of-way easement on said lot; and 4. Except as specifically provided herein,no other public utility easements,public rights of way, or building restrictions applicable to the land identified,described and delineated on deed Document No. 24086911, Official Records of Santa Clara County are vacated by this action. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of September,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 ATTEST: Date: 9/5 2.1) / / ebbie Bretschneider, City Clerk 1154021.1 NOTES: COMPOUND CURVE IS TANGENT RP0\1 A''� THIS PLAT IS FOR EASEMENT AND 2 RIGHT OF WAY ABANDONMENT AND VACATION PURPOSES. , 21ho411 , �4 v/1). LK, 1,,, b Q „r_ o 2, 5e-Pv, 0 ji I I Jo Ta7T -9 v �� ,91) °�S33s�2 SCULLY gyENUE I u "> I �� DSO �? POINT OF 50 WIDE COMPOUND 25 25 7 o cc,- 1) �� o P CURVE Q LOT 13 0 0 �. \` �'9,y�F R= 1685 � �1 \¢s "E" MA S 117 03 N ,").(< 4 L=79.85 Z Z "• \i , /o�� D=00'40'30,' , � o�N`. � V4' LOT 61 a Q ( W 8 �• LOT 62 TRACT NO. /3738 � o ' - 219 MAPS 46 g 4 I W I `'' \\ PARCEL ONE oI '- / DOC.#24086911 l O ( Q g co NOTE HATCHED SECT/ON OF SCULLY AVENUE F„i Q Z 1/ AND PUBLIC EASEMENTS TO BE cn U o ABANDONED AND VACATED AREA=4154 SO. FT +/- 25.01 N85'03 22"W — — C M D sbpG i\P�FT LOT 2313341 a !uro BEGINNING TRACT NO. 5233 T : z304MAPS484/1 q * CONSOLIN 7523ti,' EXHIBIT "A" www.baylandconsulting.com CAL1FT PLAT TO ACCOMPANY LEGAL DESCRIPTION ROAD AND EASEMENT VACATION SIUATE IN THE CITY OF SARATOGA, CALIFORNIA ALL REFERENCES ARE SANTA CLARA COUNTY RECORDS Exhibit elf 12499 Scut& Avenue Saratoga, California Legal Description PORTION OF SCULLY AVENUE EASEMENT VACATION The following described area situate in the City of Saratoga, County of Santo Clara, State of California, being under, on, and above a portion of the lands described in deed Document NO. 24086911, Official Records of Santa Clara County, being described for purposes of vacation of any and all public utility easements, public rights of way, or or building restrictions, except as expressly reserved herein, and being more particularly described as follows: Beginning at the southwesterly corner of Lot 62, as said Lot is shown on the Map of Tract No. 3738, which Map was filed for record in the Office of the Recorder of Santa Clara County in Book 219 of Maps, Page 46, said map indicates bearings used; Thence, N2'59'00"E, 181.41 feet, along the centerline of Scully Avenue, 40 feet wide, to a point on the southerly line of Scully Avenue, 50 feet wide as shown on said Map; Thence, southeasterly along last said line with a curve to the left, the radius point of which bears N59'25'34"E, a radius of 150 feet through a central angle of 14'37'57" an arc length of 38.31 feet to a point on the East line of Scully Avenue, 50 feet wide, as shown shown on the Map of Titus and Langtry Tract, which Map was filed for record in the Office of the Recorder of Santa Clara County in Book E of Maps, Page 117; Thence, southerly along last said line S2'59'00"W, 153.38 feet to a point on the South line of said lot 62; Thence, N85'03'22"W, 25.01 feet to the Point Of Beginning, and being a portion of Parcel One and also a portion of Parcel Two of the lands described in Document No. 24086911, recorded on December 24, 2018, in the Official Records of of Santa Clara County, and as graphically depicted on the attached plat entitled Exhibit A', which by mention hereby is made a part hereof, and containing 4154 square feet more or less, and being subject to the existing 10 foot San Jose Water Company Easement recorded January 12, 1961 in Book 5039, Book 735, of Official Records of the Office of the Recorder of Santa Clara County, and being further subject to building restrictions imposed by the current City of Saratoga Building regulations. END OF DESCRIPTION This Legal Description was prepared by me or under my direction in compliance with the Professional Land Surveyors Act and the Subdivision Map Act. •4D s'D :i*0 rlI Z°• \. 3/04./j 9 `A., No. 7523,, aF CAi1F�' Kenneth M Anderson, LS 7523 Licensed Land Surveyor Bay Land Consulting