HomeMy WebLinkAboutCity Council Resolution 2195 Recording requested by and to be returned to:
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City of Saratoga
SaratogaJ California 95070 RESOLUTION NO. 2195
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
VACATING A DEDICATED EASEMENT AND RIGHT OF WAY FOR A PUBLIC
CITY STREET
WHEREAS, DANNY RAY (hereinafter referred to as "RAY")
executed an irrevocable offer to dedicate to the City of
Saratoga,a right-of-way for a public city street upon a strip of
land 20 feet wide, said 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 8,
1980 in Book 466 at Page 26, 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 RAY to dedicate an easement
and right of way for a public city street into the Saratoga city
street system; and
WHEREAS, RALPH AND BEVERLEY ANDERSON (hereinafter referred
to as "ANDERSON"), executed an irrevocable offer to dedicate a 10
ft. ingress and egress easement on the subject property, as
described in Book D 546, Page 15, 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 RAY for dedication of a 20 ft. public street
right of way and to preserve the offer made by ANDERSON for a 10
ft. ingress and egress easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Saratoga as follows:
1. That the irrevocable offer made by RAY to dedicate a
right of way for a public city street upon the subject
property, as recorded on July 8, 1980 in Book 446, at
Page 26, 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, and said offer of
dedication shall no longer constitute an irrevocable
offer to dedicate a right of way for a public city
street.
2. That the irrevocable offer made by ANDERSON to dedi-
cate an easement for ingress and egress, as described
1
'JO3S 59Z
in Book D 546, at Page 15, in the Office of the Re-
corder for Santa Clara County, California, shall re-
main in full force and effect; provided, however,
nothing herein shall be deemed to constitute an
acceptance of such offer by the City of Saratoga.
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 7th day of November , 1984, by the
following vote:
AYES: Councilmenbets Callon and Moyles and Mayor Pro Ten Hlava
NOES: None
ABSENT: Councilmember Clevenger and Mayo~ik~~ ~ ~ C%-kD ~
ATTEST:
C I TY CLERK