HomeMy WebLinkAboutCity Council Resolution 19-061 vacating easment on Valle Vista DriveRECORDING REQUESTED BY
City of Saratoga
WHEN RECORDED MAIL TO
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
RESOLUTION NO. 19-061
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 storm water drainage runs
under and/or through the real property commonly known as 19361 Valle Vista Drive, Saratoga,
California or Lot 31, Tract No. 373 Montecito Heights, Tract Map filed on January 13, 1947,
Map Book 12, Pages 34 and 35, Santa Clara County Records, APN 397-11-014, ("the
Property"); and
WHEREAS, a Certificate of Owner for the Property was recorded on said Tract Map
dedicating a Public Use Easement ("Drainage Easement") for storm drain purposes; and
WHEREAS, the current owners Anil W. Ubale and Anuradha U. Sonvane, as Trustees of
the Ubale and Sonvane Family Trust, executed on September 5, 2014 submitted a design review
application No. PDR19-0006, which application was approved by Planning Commission
Resolution No. 19-027 on September 25, 2019; and
WHEREAS, Public Works Staff inspected the storm drainage pipeline and determined
that it is not located within the existing 5-foot easement; and
WHEREAS, the current owners agree to dedicate a new Easement for Storm Drain
Purposes to relocate the existing storm drainage easement to the correct alignment; and
WHEREAS, the location of the new Easement for Storm Drain Purposes is described in
attached Exhibit A Legal Description and shown in Exhibit B Plat to accompany description; and
WHEREAS, the new Easement for Storm Drain Purposes is adequate, and no storm
water drainage improvements are required at this time; 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Highways Code Section 8333 if the easement has been superseded by relocation or determined to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, no other easement is vacated by this resolution.
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 January 13, 1947 Drainage Easement as described in the Owner's Certificate 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";
3) The City hereby vacates the Storm Drain Easement pursuant to Streets and Highways
Code section 8335; and
4) From and after the date of this resolution is recorded, the street, highway, or public
service easement vacated no longer constitutes a street, highway, or public service
easement.
The above Resolution was passed and adopted at a regular, meeting of the City Council of the
City of Saratoga held on the 6`" day of November, 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:
AT EST:
ie retschneider, City Clerk
1173547.1
E.1V-army Cappello, Mayor
City of Saratoga
t1/2/2��
Date
EXHIBIT "A99
Storm Drainage Easement over parcel APN 397-11-014
SITUATE in City of Saratoga, the County of Santa Clara and State of
California.
BEING a storm drainage easement, 5 feet wide, for ingress, egress,
construction, replacement, inspection, maintenance of existing storm
drainage system and accessories, lying within the lands conveyed by Grant
Deed to Anil W. Ubale and Anuradha U. Sonvane, Trustees of the Ubale and
Sonvane Family Trust dated 9/5/2014, or their successors in trust, under the
Ubale and Sonvane Family Trust dated 9/5/2014, recorded May 04, 2018 in
Document # 23925808, Santa Clara County Records, which the centerline of
said easement is described as follows:
COMMENCING at the north corner of said lands of Ubale and Sonvane;
Thence South 16°31'50" West along the westerly boundary of said lands
37.73 feet to the Point of Beginning;
Thence leaving said boundary and along existing storm line South
10'53'00" West 5 3. 10 feet;
Thence South 05'13'00" West 13 1. 10 feet;
Thence South 21 ° 16'00" West 40.00 feet;
Thence South 48°08'00" West 75.92 feet to the northerly boundary of Valle
Vista Drive.
Exhibit "B99 Plat to accompany this Exhibit "A" Legal description.
END OF DESCRIPTION
This description and plat was prepared by me or under my direction in
conformance with the requirements of the Land Surveyor's Act.
r
Prepared by: Paul Jensen
Professional Land Surveyor #4627
October 29, 2019
&4627
EXP.�
EXHIBIT "E
/
PLAT / / LEWIS S. EPSTEIN
TO ACCOMPANY/ VICKIE A EPSTEIN,
/ G /� C�+C® ®yam /�� POINT ®F �o / FAMILY REVOCABLE TRUST
LTRUSTEES of THE EPSTEIN
EGAL DESCRIPTION I®Itl �4i
COMMENCEMENT
OF THE CENTERLINE
w / OF NOVEMBER 4, 2013 i
DOC. # 22441331 /
/
OF Co WIDE
/ APN 397-11-013LOT
DRAINAGE EASEMENT ,l
30
l 1z M 34
°
S163150 W
37.73',
RAJEEV BHARADHWAJ LOT 32
12 M 34
30,
& �l
i
GAYATRI BHARADHWAJ,
I�
3p.
TRUSTEES of then o
POINT OF
BHARADHWAJ FAMILY
('5
BEGINNING
TRUST, dated July 1, 2005
DOC. # 19156140
APN 397-11-048 / co
3
W. U ANIL WBALE
& Cl
o o
ANURADHA U. SONVANE
\ TRUSTEES of the UBALE.-
/
�� AND SONVANE c�
/
FAMILY TRUST
dated 9/5/2014
DOC. # 23925808
APN 397-11-014 ((
Jl
1
I� 30' `S 21°16'00" W
30' --� / / 40.00'
L
^/ T
CO
LOT 31
®� 12M34
PAULJENSEN
PROFESSIONAL
LAND SURVEYOR
OCT.2019
i
0
50'
I
i
I
i
#4627
EXP.� Z
Traverse PC