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HomeMy WebLinkAboutCity Council Resolution 05-057Recording requested by, and to be returned to: City of Saratoga Office of the City Clcrk 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. OS-057 A RESOLUTION OF THE CITY COUNCIL OF THF. CITY OF SARATOGA FOR SUMMARY VAC1'ION OF A PORTION OF A STREET (SARATOGA- SUNNYVALE ROAD) WHEREAS, Division 9, Part 3, Chapter 4 of the California Streets and Highways Code authorizes summary vacation of a street or highway if certain criteria are met; and WHF,REAS, the Director of Public Works has determined that a portion of Saratoga-Sunnyvale Road to be abandoned meets these statutory criteria for summary vacation, to wit: For a period of five consecutive, the street has not been used for vehicular travel and no money has been expended for maintenance on the street during such period; NOW, THEREFORE, THE FOLLOWING IS RESOLVED, by the Council of the City of Saratoga: 1. The portion of the street known as Saratoga-Sunnyvale Road, shown on that map attached hereto as Exhibit "A" and described in Exhibit "B" incorporated herein by reference is summarily vacated. 2. The summary vacation of the subject portion ofSaratoga-Sunnyvale Road is made pursuant to Streets and Highway Code. 3. The facts under which the summary vacation is made are: (a) The street has been impassable for vehicular travel for a period of five years, during which no public money has been expended for maintenance on the street. 4. From and after the date of this recordation of the resolution in the office of the Santa Clara County Recorder, the subject portion of Saratoga-Sunnyvale Road as shown on Exhibit "A" and described in Exhibit "B", vacated by this resolution, shall no longer constitute a public street. BF. IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7`~' day of September, 2005 by the following vote: AYES: Councilmembers Nick Streit, Ann Wakonsmith, Vice Mayor Norman Kline, Mayor Kathleen King NOES: None ABSENT: Councilmember Aileen Kao ABSTAIN: None ~~~~~ Kathleen M. King, Mayor 1 S 12DDSV EXHB3iT "B" A street vacation of a portion of a former forty foot street alignment over and across the lands of Berto Development, a Limited Partnership, to be vacated and conveyed to Berto Development, L. P. All that certain real property situate within the City of Saratoga, County of Santa Clara, State of California, being a portion of that certain street having a uniform width of 40 feet, as conveyed by Grant Deed to the State of California as filed in Book 740 of Official Records at page 541 in the office of the Recorder of the County of Santa Clara, State of California, said street being more particularly described as follows: COMMENCING at the most Easterly corner of the Pazcel of Land conveyed by H. Taylor Peery, also known as Horace Taylor Peery, et al, to Guy W. Meek, et al, by Deed dated April 27, 1955 and recorded May 3, 1955 in Book 3158 of Official Records, page 513, in the office of the Recorder of the County of Santa Clara, State of California, being at the point of intersection of the centerline of Prospect Road, 40 feet wide with the centerline of the Saratoga-Sunnyvale Road, 40 feet wide; THENCE Southwesterly, from the Point of Commencement, along the former centerline of said Saratoga-Sunnyvale Road, being also the Easterly line of said Meek parcel, South 28° 16' 12"West for a distance of 129.38 feet to the True Point of Beginning of this description; THENCE Southeasterly, from the True Point of Beginning, along the arc of anon-tangent curve to the right from a tangent bearing S16°33'39"E, with a radius of 190.00 feet through a central angle of 07°37'02" for a length of 25.26 feet to a point of tangency; THENCE Southerly, South 00°25' 19" West for a distance of 25.54 feet; THENCE Southwesterly, South 28° 16' 12" West for a distance of 12.69 feet; THENCE Southerly, South 09°13'48" East for a distance of 10.88 feet; THENCE Westerly, North 89°15'48" West for a distance of 40.14 feet; (1) THENCE Northerly, North 09° 13'48" West for a distance of 17.40 feet; THENCE Northeasterly, North 28° 16' 12" East for a distance of 84.27 feet to a point of curvature; THENCE Southeasterly, along the arc of anon-tangent curve to the right from a tangent bearing S07°11'48"E, with a radius of 190.00 feet through a central angle of 09°21'51" for a length of 31.05 feet to the True Point of Beginning, and being a portion of Section 25, Township 7 South, Range 2 West, M.D.M. Area: 2643.021 Sq.Ft. 0.0607 Acres This description prepared by the undersigned: 03-09 005 arren E. McDowell ' Land Surveyor No. 3414 License expires: 06-30-2006 jr~ SAPID C7LO .i~~NwM>a~~.I V~~Q~a E. AIc ~\ `~ °o~~ o ,k. ~ "b. 3Md ~, ~ ', 4~ E~ o ~ ~ 0-26.° ~~?f +SAl~F4Q, (2) Danna Blue Hills, LLC PARCEL MAP 593 Maps 6 & 7 Grant Deed f c~ wz U H zz wz f H F c~ ow U 0] w~ O O ~~ Z Z H H OO as m U O °o_ °~ Doc. No. 14945089 APN: 366-22-022 m N O m ti 3 W N02_ 34'48°W 165.00 _ - - _ 120.00' ;'Im OIN QJ ~ Z ~y Berto Development, a General Partnership RECORD OF SURVEY 77 Maps 2 Grant Deed Doc. No. 13528937 APN: 366-22-023 EXHIBI 3 'A"I ,. ~, ca N p "~~ o m a ~'mE ~ ' u~ If ) ~ ~ '~ w, °~cD w ~ c'm ~arn ~ ~ ~ 25' ~ 20' w I N I ~ w i I m ~ „ ~, I N ° ti- R1N ~ N I W n^ U o7 y m^ Z m I Z 1, m . ~~~~I I ~~ o I . ~oZr` I ~ d ~I O Q O~ .m CO I °Q v I wl ti u •~~ I o I o 3 N Dm5190'0~' 6 I D ~~6 =49°57'10 ° ° 1•~1~. A= 20.00'I i L= 17.44' IS09_i3 Q~G Centerline ~-, 0 i O cD W m z a a O N ti I O e+ w m m Z a Q 4 0 SARATOGA-SUNNYVALE ROAD SCALE i"=40' \ SARATOGA-SUNNYVALE ROAD is iPlat me. ARREN E. McDOWELL, and Surveyor No. 3414 icense Expires 06-30-2006 974 Pumpkin Drive upertino CA 95014 zAr~o-'•~ E fig! '~~6.e~ c`s" ; er~d ~ ,t, ¢ ¢'f~ o ~ i ~ va 3t16 ,-~~ ~ ,®~ 30. yJ Q~. ~~ rsAti4 by City of Saratoga DATE: 3-09-05 SCALE: 1"= 40' PAGE 1 of 2 __ r 17.40 ~~ N P \~• 1~ e9.2J ~~ F 7°37'02" ~ 1~ p= 0.00 ,(Q~ °25'f9~W =9180.00. ~~ I 36.42' ~ S 9 L~ x.05 ~ ~ ~ ~ I s 4 \ \W ~ S2B o 9 I I ~ ~ `L 129 .~ 16 . `S41 \ e 1~ W _ 176.34' _ ~ ~ N01°30'40"E 743.24' 45' Q w VJ v~ T~ I V'I~ I~ I~ I I _I_