HomeMy WebLinkAboutCity Council Resolution 859 RESOLUTION NO. 859
RESOLUTION OF INTENTION TO ABANDON
A PORTION OF MONTAUK DRIVE
The City Council of the City of Saratoga hereby resolves as
follows:
Section 1: Pursuant to Part 3 of Division 9 of the Streets and
Highways Code of the State of California, the City
Council of the City of Saratoga hereby declares its intention tc order
the vacation and abandonment of a portion of Montauk Drive, more par-
ticularly described as follows:
That certain portion of street known as Montauk Drive,
located between Lots 4 and 5 and northwesterly of Taos
Drive, as shown and delineated on that certain Map of
Tract No. 5327 recorded on March 16, 1973 in Book 318
of Maps at Pages 38 and 39, Santa Clara County Official
Records, and which portion of street is more particularly
described on the attached Exhibit "A" and shown on the
attached Exhibit "B". Reserving, however, from such vacation
and abandonment, the exceptions described on said attached
Exhibit "A" and shown on said attached Exhibit "B".
Section 2: The 2nd day of August , 1978, at the hour
of 8:00 o'clock p.m., at the CoUnCil Chambers of the
City Council, City Hall, Fruitvale Avenue, Saratoga, California, is
hereby fixed as the time and place for hearing all persons interested
in or objecting to the proposed vacation and abandonment above set forth.
The above and foregoing resolution was passed and adopted by the
City Council of the City of Saratoga at a regular meeting held on the
5th day of July , 1978, by the following vote:
AYES: Councilman Kraus, Corr, Callon, & Kalb
NOES: None .// .
ABSENT: Councilman Matteoni .~~""
~ / /' ,"MA~OR /J[ ~//
ATTEST:
~2 1 TY CLERK/
EXN/B I T " '
Beginning at the northwest corner of that certain tract entitled
"Tract No. 5327, Lands of George Day" recorded in the 6ffice of the
Santa Clara County Recorder on March 16, 1973, in Book 318 of Maps
at Pages 38 and 39;
thence from said point of beginning, running along the northerly
boundary of said Tract No. 5327, North 89° 51' 50" East 213.31 feet
to a point which is the beginning of a curve to the right, and having
a radius of 410 feet; thence leaving said northerly boundary of Tract
No. 5327 and runBing along said curve to the right, from a taBgent
bearing South 58.44' 52" East, through a central angle of 11 14' 43"
for an arc length of 80.47 feet to a point of tangency, this previous
course is also the northeasterly line of Montauk Drive as shown on the
easterly line k i u ~ 1
e ence
leaving said northeasterly line of Montauk Drive South 43 24' 27" West
60.01 feet to a point on the southwesterly line of said Montauk Drive;
thence running along said southwesterly line of Montauk Drive North 47°
30'-09" West 59.49 feet to the point of tangency with a curve to the
left and having a radius of 350 feet; thence continuing along the south-
westerly line of said Montauk Drive and said curve to the left through
a central angle of 42° 35' 42" for an arc length of 260.20 feet to the
northwest corner of said Tract No. 5327 and the point of beginning,
containing 11,888 square feet, more or less.
EXCEPTING THEREFROM, the following described parcel of land to remain
clear and open for the purposes of Storm Drain Easement and Santa Clara
Valley Water District Access Easement:
Beginning at the northwest corner of that certain tract entitled "Tract
No. 5327, Lands of George Day" recorded in the office of the Santa Clara
County Recorder on March 16, 1973, in Book 318 of Maps at Pages 38 and
39; thence from said point of beginning, ~unning along the northerly
boundary of said Tract No. 5327, North 89 51'50" East 204.26 feet;
thence 1Saving said northerly boundary of Tract N8. 5327 and running
South 47 30'09"oEast 146.83 feet; thence South 43 24'27" West 26.00 feet;
thence North 47 30'09" West 59.81 feet to the point of tangency of a
curve to the left and having a radius of 370 feet; t~ence running along'
said curve to the left through a central angle of 17 26'03" for an arc.
length of 112.58 feet; thence South 89°51'50'' West ~5.72 feet to ~ point
on a curve to the lef~ whose tangent bears North 73 13'26" West and
cente~ bears South 16 46'34" West; thence running along said curve eo
the left through a central angle of 16 52'25" for an arc length of
103.08 feet to the northwest corner of said Tract No. 5327 and the
point 6f beginning.
Containing 6,264 square fee~ more or less. ,
, ~nO .,OHIvzz.:A/'T' OF/q
L/i<
E. J. Balzer
19764 Montauk Drive
Saratoga, California 95070
RECEIVED MAY 1 B 1977 May 13, 1977
Nr. Donald R. Burr
Assistant Planner
CITY OF SARATOGA
13777 Fruitvale Avenue
Saratoga, California 95070
Dear Hr. Burr:
Attached are two drawings of my property.and the property immediately
adjacent to it. Drawing #~ attempts to depict the strip of ground which
was originally designated to be a green belt, and also a bike path
(Drawing ~ that leads to a small wooden bridge (Drawing
During the past three years this green belt has never materialized and
the result is an unmaintained strip of ground approximately 150~ x 18*
that has become au eyesore for the city as well as the property owners.
At my own expense, I have had this ground disced on several occasions
and have personally ro~otilled it at least five times to keep the weeds
down. I have also removed the trash that has accumulated from the
Redwood school children and those people who use the playground for
organized sports such as baseball and soccer.
I would like to propose that a survey be performed by the City to
establish the proper boundaries. It appears that the bike path was partially
built on my property from Point A to Point B. If a portion of the bike
path is on my property, the City of Saratoga should require George Day
to remove it or have it removed. Further, if the City of Saratoga
does not intend to landscape and maintain this strip of property between
my boundary and the bike.path, or require George Day to landscape it,
I would consider accepting it, by quitclaim for example, as part of my
deed. I would assume the responsibility of improving and maintaining it.
I would appreciate hearing from you.
Sincerely yours,
E. J. Balzer
137"Fj' FRUII~VALE AVENUE · S/~ATOGA. CALIFORNIA 95070
(408)
AUo~ 10
tO: ~blic Wor~ Director DA~: ~t 10, 1977
~: Pla~g Dir~tor PUBLIG WORKS DEPt.
Cl~ OF SARATOGA
susJEa: He~ ~tension ~doment '
Our Staff has reviewed this matter with the City Manager and the Director
of Cormunity Services, both of which have no objections to the proposed
right-of-way abandonment. It is our opinion, based on the 1974 General
Plan, that the City abandon that portion of Montauk Drive right-of-way
west of Taos Drive, allowing the ownership thereof to revert back to the
respective land owners on either side.
Attached is a memorandt~n from our Staff outlining, in detail, the basis
for abandonment. Also attached is a memorandum from the Assistant Director
of Public Works suMnarizing the prerequisites for such action. It is sug-
gested' that the Public Works Department initiate abandonment proceedings
subsequent to fulfillment of.those requirements listed.
Planning Directrr~ ,.
MVlI: RTL: ft
................... Attachuent ............................................................................
, ~"~ ~_, ~ Pacific Telephone
,/' - . ,,;,t· . ,'
///' District Manager San Jose,
Calitornia 95128
,,/ Plan, Engineefir~ Phone
(408) 291-3747
eUe~ lC
a_Tl WO '
' ;', RKS DEPT.
Octobe= 25, 1977 ' ,- OF. SARATOGA '
City of Saratoga
Department of Public Wo=ks
13777 FruitVale/kverme
SaratOga, CA 95020
\
Attention: Mr. Robert S. Shook
Directo= of Public Works
Gentle~e,n:
This Ls in answe~ to you~ lette= of October 12, 1977 CRSS/dTtdsm).
This Company has no objections to the abandonment of that portion of
Montauk Drive, as shown and delineated upon the map and description
attached.
Said portion of Drive to be abandoned is not necessary, useful or occu~
pied by telephone facilities.
If any further information is desired, please direct correspondence to
the undersigned marked to the attention of R. M. Van Houte.
Ve. rF truly yours,
Attachments
PACIFIC GAS AND EL~CTi=~IC COMPANY
~Tt~ + !11 ALMADEN BOULEVARD · SAN JOSE, CALIFORNIA 95198 * (408) 298'3333
APR
City of Saratoga PUBLIC WORKS DEPT.
13777 Fruitvale Avenue CI~ OF SARA~GA
Saratoga, California 95070
Attention: Hr. Robert S. Shook
Proposed abandonment of that portion of Nontauk Drive westerly of Taos
Drive; our file 641
Gentlemen:
In response to your request, this company has no objections, and hereby
consents, to the abandonment of that portion of Nontauk Drive at the
subject location as shown in red on the attached copy of your drawing.
As a condition of th~s consent, we request that our San Jose Division
Land Department be supplied with a certified copy of the final resolu-
tion of abandonment by the City.
Should you have any questions concerning this abandonment, please contact
Mr. Robert Hinson, of our Land Department, at the letterhead address,
telephone extension 449.
Thank you for this opportunity to be of service.
Sincerely,
District Hanager
Attachment ,
374 West Santa Clara Street /VOL/
San Jose, California
October ~, ~77
Mr. Robert S. Shook
Director of Public Works
City of Saratoga
13777 Fruitvale AVenue
Saratoga, CA 95070
Reference: Proposed Abandonment of a Portion of
Montauk Drive in Tract No. 5323
Dear Bob:
Reference is made to your letter of October 12, 1977
conceding the proposed abandonment of the most wester-
ly portion of Montauk Drive in Tract No. 5323.
Please be advised that San Jose Water Works has no
objections to the abandonment and hereby gives its consent.
Ve y~truly yours,
'- GEORGE SPZTZ
Planning Supv. _ .....
' GS ~ds ·
anta Clara Valley Water District ,,,
5750 ALMADEN EXPRESSWAY ,
SAN JOS'E, CALIFORNIA 9511.8
1ELEPHONE (408) 265-2600
October 31, 1977
NOV" 1 1977
Mr. Robert S. Shook '
Director of Public Works PUBLIC WORKS DEPT.
City of Saratoga C~T¥ OF SARATOGA
13777 Fruitvale Avenue
Saratoga, California 95070
Dear ROb:
This is in reply to your letter of October 12, 1977
regarding the most westerly portion of Montauk Drive
shown on Tract 5323.
- The District has very limited access to Wildcat Creek
for maintenance purposes. We would like to use a
portion of Montauk Drive for access and therefore
request that the District be granted a 20 foot ingress/
egress right of way over this portion of Montauk Drive,
if it is to be abandoned. We would prefer the right
of way be transferred in fee title, however, an ease-
ment would be satisfactory as long as it could be
fenced off from adjacent properties.
Please contact Mr. Don Lawtie of our Real Estate ~ivi-
sion regarding this matter if you plan to abandon this
portion of Montauk Drive.
' ~ ~ry tr,~~rs.~._ -. .
W. F. Carlsen
- Division Engineer
Design Coordination Division ·
AN AFFIRMATIVE ACTION EMPLOYER
(.
COUNTY SANITATION DISTRICT NO. 4
CtlY Ol
CAM['L3L~.L
]OWN OF LOS
OF SANTA CLARA COUNTY -~,~o~,o,~
CiTY OF SAN JOSE
100 East Sunnyoaks Avenue ~~~~~ cJy oF S~T~ CL~
Campbell. California 95008 cnY OF SA~T~
Telephone 378-2407 U~INCO~PORATED
PUBLIC WORKS D~p~.
Nove~ec 18, 1977 CI~ OF SARATOGA
City of Saratoga .
13777 Fruitvale Avenue
Saratoga, CA 95070
Attention Robert S. Shook,
Director of Public Works
RE Abandonment of Portion of Montauk Drive
Gentlemen
Sanitation District No. 4 does not now have, nor does it
anticipate any future need for sanitary sewers within the
portion of Montauk Drive proposed to be abandoned.
Very truly yours
Stephen H. Goodman
~ger an~/ ----.
By Howard T. Garratt
Assistant Civil Engineer
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