HomeMy WebLinkAboutCity Council Resolution 2102 RESOLUEION NO. 2102
RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF
SARATOGA VACATING A DEDICATED EASEMENT AND
RIGHT OF WAY FOR A PUBLIC CITY STREET
WHEREAS, WOLFGANG C. NOEGGERATH (hereinafter referred to as
"NOEGGERATH") executed an irrevocable offer to dedicate to the City of Saratoga an
easement and right of way for a public city street upon a strip of land 40 feet wide,
said easement and right of way, and that certain real property on which it is located
(the "Subject Property") having been described in the Offer of Dedication as recorded
on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for
Santa Clara County, California; and
WHEREAS, California Streets and Highways Code Section 1806 provides
that no street or road shall become a city street or road unless and until the City
Council, by resolution, has caused said street or road to be accepted into the city
street system; and
WHEREAS, the City Council of the City of Saratoga has never accepted
the aforementioned offer by NOEGGERATH to dedicate an easement and right of way
for a public city street into the Saratoga city street system; and
WHEREAS, ROBERT J. ARALDI (heroinafter referred to as "ARALDr'),
the current owner of the Subject Property, has executed an irrevocable offer to
dedicate to the City of Saratoga an easement and right of way for a public emergency
access road along the northly 25 feet of the Subject Property, as described in
Document No. 7746958, as recorded on July 15, 1983 in Book H 721, at page 362, in the
Office of the Recorder for Santa Clara County, California; and
WHEREAS, it is the desire of the City of Saratoga to vacate the offer
made by NOEGGERATH for dedication of a public street 4B feet in width and to
preserve the offer made by ARALDI for dedication of a public emergency access road
25 feet in width,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. That the irrevocable offer made by NOEGGERATI{ to dedicate an
easement and right of way for a public city street upon the Subject Property, as
recorded on July H, 1960 in Book 4850, at Pages 434 and 435, in the Office of the
Recorder for Santa Clara County, California, is hereby vacated pursuant to the
authority of Chapter 4 (commencing at Section 8330) of Part 3 of Division 9 of the
California Streets and Highways Code, and that from and after the date on which this
resolution is recorded, said offer of dedication shall no longer constitute an
irrevocable offer to dedicate an easement and right of way for a public city street.
2. That the irrevocable offer made by ARALDI to dedicate an easement
and right of way for a public emergency access road, as described in Document No.
7746958, as recorded on July 15, 1983, in Book H 721, at Page 362, in the Office of the
Recorder for Santa Clara County, California, shall remain in full force and effect;
provided, however, nothing heroin shall be deemed to constitute an acceptance of such
offer by the City of Saratoga.
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RESOLUT ION NO. 2102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA VACATING A DEDICATED EASEMENT AND
RIGHT OF WAY FOR A PUBLIC CITY STREET
WHEREAS, WOLFGANG C. NOEGGERATH (hereinafter referred to as
"NOEGGERATH") executed an irrevocable offer to dedicate to the City of Saratoga an
easement and right of way for a public city street upon a strip of land 40 feet wide,
said easement and right of way, and that certain real property on which it is located
(the "Subject Property") having been described in the Offer of Dedication as recorded
on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for
Santa Clara County, California; and
WHEREAS, California Streets and Highways Code Section 1806 provides
that no street or road shall become a city street or road unless and until the City
Council, by resolution, has caused said street or road to be accepted into the city
street system; and
WHEREAS, the City Council of the City of Saratoga has never accepted
the aforementioned offer by NOEGGERATH to dedicate an easement and right of way
for a public city street into the Saratoga city street system; and
WHEREAS, ROBERT J. ARALDI (hereinafter referred to as "ARALDr'),
the current owner of the Subject Property, has executed an irrevocable offer to
dedicate to the City of Saratoga an easement and right of way for a public emergency
access road along the northly 25 feet of the Subject Property, as described in
Document No. 7746958, as recorded on July 15, 1983 in Book H 721, at page 362, in the
Office of the Recorder for Santa Clara County, California; and
WHEREAS, it is the desire of the City of Saratoga to vacate the offer
made by NOEGGERATH for dedication of a public street 40 feet in width and to
preserve the offer made by ARALDI for dedication of a public emergency access road
25 feet in width,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. That the irrevocable offer made by NOEGGERATF/to dedicate an
easement and right of way for a public city street upon the Subject Property, as
recorded on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the
Recorder for Santa Clara County, California, is hereby vacated pursuant to the
authority of Chapter 4 (commencing at Section 8330) of Part 3 of Division 9 of the
California Streets and Highways Code, and that from and after the date on which this
resolution is recorded, said offer of dedication shall no longer constitute an
irrevocable offer to dedicate an easement and right of way for a public city street.
2. That the irrevocable offer made by ARALDI to dedicate an easement
and right of way for a public emergency access road, as described in Document No.
7746958, as recorded on July 15, 1983, in Book H 721, at Page 362, in the Office of the
Recorder for Santa Clara County, California, shall remain in full force and effect;
provided, however, nothing herein shall be deemed to constitute an acceptance of such
offer by the City of Saratoga.
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The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council, the City of Saratoga held on the 2nd day of
November ., 1983, by the following vote:
AYES: Councils Callon, Clevenger, Fanelli, Mallory and Mayor Moyles
NOES: None
ABSENT: None
M~OF THh' SARATOGA
ATTEST:
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7898546
1 098 445
FILED F'(.'tf(
OFFiCiaL RECORDS
~ESO~UTION O~ ~H~ CIT~ COUNCI~ O~ TH~ CIT~ O~
SArAtOGA VACATING A D~DICAT~D STO~ D~AINAG~
WHS~SAS. ~oB~esdow Deve]oDment Corporstion~ 8 Calitorni8
corporation (hereinafter referred to s "Longmeadowe')~ executed 8D ownerIs
certificate dedicating to public use a storm drainage e~ement on certain parcels of
re~ property s 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 S~ta Cl~a, State of C~ifornia, on J~uary U, 1983; and
WHEREAS, the City Council of the City of Sarat~a 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 S66477.2(c) ~tates, "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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