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HomeMy WebLinkAboutCity Council Resolution 1009 RESOLUTION NO. 1009 RESOLUTION ORDERING VACATION AND ABANDONB~NT OF WALKWAY EASEMENT LOCATED IN TRACT NO. 5164 The City Council of the City of Saratoga does hereby resolve as follows: Section 1: Pursuant to Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, and pursuant to Resolution No. 1002 heretofore passed and adopted by the Council of the City of Saratoga on the 18th day of March, 1981, hearing was held on this Council's proposal to vacate and abandon a portion of that certain walkway easement located along the southerly and westerly boundary of Tract No. 5164, more particularly described in the attached Exhibit "A", and shown as a hatchmarked area on the attached Exhibit "B", reserving however from such aban- donment the existing public service easements, sanitary sewer ease- ments and flood control easements, within said described area and as shown on that certain map of Tract No. 5164. Said hearing was held on the 15th day of April, 1981, at the hour of 8:00 p.m., at the Council Chambers of the City Council, City Hall, Fruitvale Avenue, Saratoga, California, and the City Council makes the following findings, conclusions and orders as hereinafter set forth. Section 2: The City Council finds, from the evidence submitted, that the hereinafter described portion of the public service easement described in the Resolution of Intention is unnecessary for present or prospective public use, and the City Council further finds that at least ten (10) days prior to the aforesaid hearing, said portion of the public service easement was duly and regularly posted with not less than three (3) copies of notices of said proposed vacation and of said hearing, which notices were not posted more than three hundred (300) feet apart. NOW, THEREFORE, the City Council makes the following order: Section 3: The City Council of the City of Saratoga hereby orders and declares that the portion of the public service easement described in Exhibit "A" attached hereto and shown in Exhibit "B" attached hereto, be and the same is hereby vacated and abandoned, reserving however from such abandonment the existing public service easements, sanitary sewer easements, and flood control easements within said described area as shown on that certain map of Tract No. 5164. The City Clerk shall cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the County of Santa Clara, State of California. Upon such recordation, the vacation is complete. 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 15th day of April, 1981, by the following vote: AYES, and in favor thereof, Councilmembers: Clevenger, Jensen, Watson NOES, Councilmembers: Mallory and Mayor Callon ABSENT, Councilmembers: None Mayor ATTEST: Acting City Clerk -2- .'/. '; EXHIBIT "A" Beginning at the n~rthwesterly corner of-Tract No. 5164, recorded on May 25, 1972 in Book 302 of Maps at Pages 7 and 8 in the Office of the Santa Clara County Recorder; thence' from said northwesterly corne~ running South 89°54' East 50.00 feet along the northerly boundary of said Tract No. 5164; thence leaving ~aid northerly line and running South 23°44'West, 149.96 feet; thence south 1~ 35'43" west, 245.54 feet; thence south 3 22'28" West, 79.00 feet; ' thence south 17o33'57" east, 143.39 feet to the beginning of a tangent curve .to the right, having a radius of 505 feet; thence along said tangent curve to the right, through a central angle of 30 46'11", for an arc length of 271.20 feet; thence south 13 12'14" west, 150.54 feet to the beginning of a non-tangent curve to the left, having a radius of 195 feet; -thence along said curve to the left frSm a tangent that bears south 9°55' 53" west, through a central angle o~ 56 04'06" for an arc length of 190.82' feet to the point of intersection with a line that is parallel to and 20 ~ feet northerly of the southerly boUndar~ of described Tract No. 5164; thence running along said line south 89 30' east 196.80 feet to a point on a curve to the right, having a radius of 20 feet; Said point also lying on the westerly right-of-way line of Sobey Meadows 'Court as shown on that map of Tract No. 5164; thence along said curve to the right, fro~ a tangent that bears south 6° 06'16" east, through a dentral angleof 60 20'18" for an arc length of 24.20 feet to a point on the ~outherly boundary line of said Tract No. 5164; thence running north 89 30' west along said southerly boundary line 250.16 · feet to the southwesterly corner of said Tract No. 5164; thence northerly along the westerly boundary of said Tract No. 5164'through the following courses: North 9 ~8'.13" west 188.35 North 13o12'14" east 295.22 feet, . North 17 33'57" west 320.10 feet, North 7°~3'03".east 290.40 feet, North 30 15'50" east 156.15 feet to the northwesterly corner of said Tract No. 5164 and point of..beginning.---2: ................ .. · r . ' ~:~:::'::':' '''~ ........