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HomeMy WebLinkAboutCity Council Resolution 702 RESOLUTION'NO. 702 RESOLUTION REQUESTING CONSENT OF CALIFOtNIA HIGHWAY COMMISSION TO THE OPENING OF A CITY STREET ON ~ FREEWAY RIGHT OF WAY. The City Council of the City of Saratoga hereby resolves as follows: WHEREAS, on appeal from the City to Planning Commission, this Council on the 5th day of June, 1974 did approve a tenta- tive map of a certain subdivision known as Summer Place, Unit No. 2, by AVCO CO}R~JNITY DEVELOPERS, and being.File .No. SD-1101, which tentative map, a copy of which is attached hereto and incorporated herein by reference, shows a 'proposed city street located on a portion of proposed State Freeway Route 85, and · WHEREAS, in action No. 286379. in the Superior Court of the State of California in and for the County of Santa Clara, State of California, entitled "AVCO CODfUNiTY DEVELOPERS, INC., a corporation, Plaintiff, vs. CITY DF SARATOGA, a Municipal corporation, Defendant", said Superior Court has heretofore, on or about the 30th day of August, 19~3, found and determined, inter alia, that the .State of California has no intention of furthering its said freeway plan in said area in the' in~ediate future and does not offer any objection to having said property developed into a residential subdivision, and has, inter alia, directed this City not to disapprove any such subdivision solely on the ground that the same m. ay be superimposed upon said Stat~.~., Route 85 corridor, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: Pursuant to Section 100.2 of the Streets & Highways Code of the State of California, and other applicable laws, request is hereby made to the California Highway Commission to adopt a resolution consenting to the opening of that certain street more particularly Shown and delineated on the tentative map attached hereto and incorporated herein by reference, into, over and upon the portion of State Freeway Route 85 right of way upon which the same is superimposed, as more particularly shown and delineated on said map. The City Clerk shall forward a certified copy of the within Resolution to the said Department of Transportation .for presentation to the California Highway Commission. The above and foregoing resolutio~ was duly and regularly introduced at a regular meeting of the City Council of the City of Saratoga and was passe~ and adopted by the following vote: AYES: councilmen Smith, Bridges, and Brigham NOES: Councilman Kraus ~ 0~ ABSENT: Councilman Diridon ' -" MAYOK' ATTEST.~ ~ ~ ' '~ ClTY'~CL~RK" '.~,~/