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HomeMy WebLinkAboutCity Council Resolution 2188Recorded at the request of ~-~ ~'~ . 8229 186 ' and to be returned to: "~ 6 ', City Clerk , City, of Saratoga ?.~.< :: .. 13777 Fruitvale Avenue' [ILEB [e~ ':' 5/~HIA CLARA COUIITY RESOLUTION OF THE CITY COUNCIL 5EORCE A. MANN OF THE CITY OF SARATOGA VACATING A DEDICk~.EI~.TR,~R PEDESTRIAN AND EQUESTRIAN EASEMENT ~, WHEREAS, VALLEY TITLE CO., a California Corporation (heroinafter referred to as "VALLEY TITLE"), executed an owner's certificate dedicating to public use a pedestrian and equestrian easement, on certain parcels of real property as identified and delineated on that Parcel Map recorded and filed in Book ~99 Maps at Pages 35 to ~1, in the office of the County Recorder of the County of Santa Clara, State of California, on May 3, 1982 (heroinafter referred to as the "Book 499 Map"); and WHEREAS, the City Council of the City of Saratoga rejected said pedestrian and equestrian easement by Resolution No. 1339-2 dated April 21, 19S2; and WHEREAS, on September 1, 1982, VALLEY TITLE recorded and filed a Parcel Map in Book ~0~ of Maps at Page 7 in the office of the County Recorder of the County of Santa Clara, 5tare of California (hereinafter referred to as the "Book Map") reverting to acreage certain of those Parcels of real property identified and delineated in the Book ~99 Map; and WHEREAS, the Book ~0~ Map identifies and delineates the same pedestrian and equestrian easement as was identified and delineated on the Book ~99 Map; and WHEREAS, CalifOrnia:Government Code, Section 66~77.2(a) provides that if, at the time a final map is approved, a dedicated street, path, alley, public utility easement, or similar item which directly benefits the residents of a subdivision is rejected, the offer of dedication shall remain open, and the City may at a later date rescind the rejection and accept the street, path, alley, public utility easement or similar item; and WHEREAS, Calilornia Government Code, Section 66z~77.2(c) states that offers of dedication which are covered in Government Code, Section 66~77.2(a) may be terminated and abandoned in the same manner as described for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the 5t[eet. s and Highways Code; and WHEREAS, the Book ~0~ Map also identifies and delineates a ten foot pedestrian and equestrian easement running along the eastern boundary of the lands within the distinctive border lines of that Map; and WHEREAS, it was not the intent of the City of Saratoga to require the dedication of two separate pedestrian and equestrian easements on the Book 5O~ Map; and -1- WHEREAS, VALLEY TITLE has requested that the City vacate the rejected pedestrian and equestrian easement described in the attached Exhibit At inasmuch as the pedestrian and equestrian easement described in the attached Exhibit A (1) is an additional pedestrian and equestrian easement not required by the City of Saratoga for these particular parcels of real property, and (2) has not been continuously used as a pedestrian and equestrian easement since September 1, 1982. NOW THEREFORE, the City Council of the City of Saratoga resolves that: (1) The pedestrian and equestrian easement dedicated to public use on that Parcel Map recorded and filed in Book 50~ of Maps at Page 7 in the office of the County Recorder of the County o~ Santa Clara, State of California, on September l, 1982, and more particularly described in Exhibit A attached hereto, and incorporated herein by reference, is hereby vacated pursuant to the authority of Chapter ~ (commencing at Section 8330) 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 pedestrian and equestrian easement shall no longer constitute a pedestrian and equestrian easement. (2) All other easements for sanitary sewers and water pipe lines which are located within the area described in the attached and incorporated Exhibit A are not vacated by the City at this time. (3) The Saratoga Cily Clerk shall cause a certified copy of this Resoiution, attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or ~urther proof in the office Santa Clara County, California. The above and foregoing Resolution was passed and adopted at a regular me tin of the City Council of the City of Saratoga held on the 17th day of '~gb~,_::~984 , by the following vote: AYES: Councilmemkers Callon, Clevenger, Hlava, MDyles and Mayor Fanelli NOES: None MA~OR, CITYOF S~RATOGZ~ -2~ 1987 741 DESCRIPTION A 20 FOOT WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT (P.E.E.), SITUATE IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALJ FORNiA, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN BOOK 504 OF MAPS, PAGE 7, RECORDS OF SAID COUNTY, WHICH TRAVERSES PARCELS A, B, C AND D AND IDENTIFIED THEREON AS THE "CENTERLINE 20' WIDE EASEMENT FOR SANITARY SEWERS, WATER PIPE LINE AND P.E.E., PER 5209 O.R. 73, 5132 O.R. 324 AND 5037 0.R. 284"; THE CENTERLINE OF SAiD 20 FOOT WIDE PEDESTRIAN AND EQUESTRIAN EASi~MENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE iNTERSECTION OF' SAID 20 FOOT WiDE EASEMENT AND THE WESTERLY LINE OF PARKER RANCH ROAD AT THE NORTHEASTERLY L~NE OF SAID PARCEL D, AS SHOWN.ON SAID ABOVE REFERENCED PARCEL MAP, SAID POINT OF BEGINNING HAS A RADIAL BEARING OF N 75° 03; 20" W; THENCE TRAVERSING THROUGH SAID PARCELS D, C, B AND A THE FOLLOWING COURSES AND DISTANCES; S 50~ 24' 40" W 171.88 FEET, S 14° 42' 1~O" W 180.94 FEET, S 39° Ol' 40" W 151.47 FEET, S 3° 35' 50;: E 97.91 FEET, S 34~ 55' t0" W 315.74 FEET AND S 4° 23' 40" W 288.86 FEET TO THE SOUTHEREY LINE OF SAID PARCEL A, ALSO BEING THE NORTHERLY LINE OF SAID PARKER RANCH ROAD AND.THE TERMINUS THEREOF, . EXHIBIT "A"