HomeMy WebLinkAboutCity Council Resolution 2101 RESOLUTION NO. 2101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA VACATING A DEDICATED STORM DRAINAGE EASEMENT
WHEREAS, Longmeadow Development Corporation, a California
corporation (hereinafter referred to as "Longmeadow"), executed an owner's
certificate dedicating to public use a storm drainage easement on certain parcels of
real property as identified and delineated on that parcel map recorded and filed in
Book 508 of Maps at pages 2 and 3, in the office of the County Recorder of the County
of Santa Clara, State of California, on January 11, 1983; and
WHEREAS, the City Council of the City of Saratoga rejected said
dedicated storm drainage easement by resolution dated January 5, 1983; and
WHEREAS, California Government Code S66477.2(a) provides that if at the
time a final map is approved and a dedicated storm drainage easement is rejected, the
offer of dedication shall remain open and the City may at a later date rescind the
rejection and accept the storm drainage easement; and
WHEREAS, California Government Code §66477.2(e) states, "Offers of
dedication which are covered in subdivision (a) may be terminated and abandoned in
the same manner as described for the summary vacation of streets by Part 3
(commencing with ~8300) of Division 9 of the Streets and Highways Code; and
WHEREAS, Longmeadow has requested that, due to the topography and
vegetation on the aforementioned parcels of real property, the City vacate the
rejected dedicated storm drainage easement, and Longmeadow has offered to dedicate
a new storm drainage easement on the aforementioned parcels of property, said new
storm drainage easement being identified in Exhibit "A" attached hereto and
incorporated herein by reference; and
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WHEREAS, the new storm drainage easement described in Exhibit "A" and
offered for dedication by Longmeadow is acceptable to the City, and shall be recorded
in the office of the County Recorder of the County of Santa Clara, State of
California, at the same time as a certified copy of this resolution is recorded;
NOW, THEREFORE, the City Council of the City of Saratoga resolves that
the storm drainage easement dedicated to public use on that parcel map recorded and
filed in Book 5D8 of Maps at pages 2 and 3 in the office of the County Recorder of the
County of Santa Clara, State of California, on January 11, 1983, is hereby vacated
pursuant to the authority of Chapter 4 (commencing at 98330) of Part 3 of Division 9
of the California Streets and Highways Code, and that from and after the date that
this resolution is recorded, said storm drainage easement shall no longer constitute a
storm drainage easement.
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 2nd day of
November 1983, by the following vote:
AYES: Councilmemkers Callon, Clevenger, Fanelli, Mallory and Mayor Moyles
NOES: None
ABSENT: None
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EXHIBIT "A"
DESCRI2TION
10 FOOT SIDRM DRAINAGE FASEMENE F0R 7MAT CEI{EAIN PARCEL
FILED IN BOOK 508 OF MAPS 2 & 3
All that certain real property situate in the City of Saratoga, CcFanty of Santa
Clara, State of California, being a lO foot easement, the centerline of which
being described as followS:
fXI~MMlqCING at the r~rtheaaterly comer of Parcel "C" as said Parcel is slnown on
that certain Parcel Ma~ filed in Book 508 of Mapa, pages 2 & 3, San~ Clara
thence, alonS the northarly line of said Parcel "C" N 88' 05' 16" W, 40.00 feet;
khence, leavinE said northerly line S 1° 54' 44" W, 36.00 feet to the True Point
of BegLnnLng;
thence, frc~ sa~d Tru~ Point of BegL~ning, N 84° 15' CO" W, 55.00 feet;
thence, N 87° 00' 00" W, 113.96 feet to tha lot li~e between Parcel "C' and
Parcel "B", ~td point bears S 12° 2~' 54" W, 29.23 feet from the northerly
corner thereof;
thence, continuh~ along ~atd centerline N 87~ 00' 00" W, 132.45 feet to the lot
line between Parcel "~" and Parcel "A", said point bears S 1° 09' 31" Eo 16.71
feet from the northerly cDmer .thereof;
thence, continuing alon~ said centerline N 87~ 00' 00" W0 126.85 feet to the
easterly line of Douglass !_~_ne said point bears along said line S 6~ 15' 25" E,
5.62 feet fn3m the nort/xwesterly comer of said "Parcel "A" said easterly line
being the terminus of said easement.
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