HomeMy WebLinkAboutCity Council Resolution 08-002RECORDING REQUESTED SY,
AND WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RESOLUTION NO. 08-002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
VACATING A DEDICATED EASEMENT FOR LIGHT AND AIR
WHEREAS, application has been made to City on behalf of the owner of property generally
known as 14875 Baranga Lane (APN 397-18-039) for summary vacation of easement for light and air
under, on and over that certain strip of land lying between the lines of Baranga Lane and the lines
designated "building line" or "B/L" as shown on Lot 2 of that Final Map for Tract No. 1206 recorded and
filed in Book 46 of Maps, Page 8 in the Office of the County Recorder of the County of Santa Clara, State
of California, on September 23, 1953 (hereinafter referred to as "Final Map"); and
WHEREAS, California Government Code Section 664772 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 easement for light and air under, on and over that
certain strip of land lying between the lines of Baranga Lane and the lines designated "building line" or
"B/L" as shown on Lot 2 of that Final Map for Tract No. 1206 has not been continuously used as an
easement for air and light for the five consecutive years immediately preceding the date of this resolution.
NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga as follows:
The easement for light and air under, on and over that certain strip of land lying between the lines
of Baranga Lane and the lines designated "building line" or "B/L" as shown on Lot 2 of that Final
Map for Tract No. 1206 recorded and filed in Book 46 of Maps, Page 8 in the Office of the
County Recorder of the County of Santa Clara, State of California, on September 23, 1953 is
hereby vacated pursuant to the Chapter 4 of Part 3 of Division 9 of the California Streets and
Highway Code; and
2. The fact under which the summary vacation is made are that the easement has not been
continuously used as an easement for air and light for the five consecutive years immediately
preceding the date of this resolution; and
3. From and after the date that this resolution is recorded, said easement for light and air shall no
longer constitute an easement for light and air on said lot; and
4. All other easements identified, described and delineated on the Final Map are not vacated by the
City at this time.
Passed and adopted by on the 16 day of January, 2008 by the City Council of the City of
Saratoga by the following vote of the members thereof:
AYES: Councilmembers Jill Hunter, Aileen Kao, Kathleen King,
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None
Attesi`° ~-°~
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Ann Waltonsmith, Mayor
City of Saratoga
C~er~.Bpyer, City Clerk
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