HomeMy WebLinkAboutCity Council Resolution 2332Recordjrg requested by, and to be returned to:
City Clerk 0~
13777 Fruitvale Avenue ,~.~
rat a, c li o ia 9s077 i 9 2 0 8 6;' e 40
R OLU O SO. 23S 8812462
R~,SOLUTION OF THE OIlY COUNCIL OF THE ~ OF
SARATOGA VACA~aNG A DEDICATED PEDI{,qTRIAN
WALKWAY AREA
WHEREAS, Doan & Lane, Inc., a corporation-owner, and Western Title
Insurance Company, a corporation-trustee, (hereinafter referred to as "Owners"),
executed an Owner's Certificate dedicating to public use that area identified described
and delineated as "Pedestrian Walkway" between Lots' 204 and 205 of Tract No. 2965
on that l~inal Map recorded and filed in Book 175 of Maps at Pages 54 and 55 in the
Office of the County Recorder of the County of Santa Clara, State of California, on
March 26, 1964 (hereinafter referred to as the "Final Map"); and
WHEREAS, the City Council of the City of Saratoga rejected said
Pedestrian Walkway dedication on March 18, 1964; and
WHEREAS, California Government Code Section 66477.2(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, California Government Code Section 66477.2(c) states that
offers of dedication which are covered in Government Code Section 66477.2(a) may be
terminated and abandoned in the same manner as described for the Summary Vaca'tion
of Streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and
Highways Code; and
WHEREAS, the City Council of the City of Saratoga adopted a Resolution
of Intention to Vacate Dedicated Pedestrian Walkway at a public meeting held on
March 19, 1986; and
WHEREAS, the City Council of the City of Saratoga held a properly
noticed public hearing on April 16, I986, and took public testimony regarding its
intention to vacate the subject Pedestrian Walkway; and
WHEREAS, the City Council of the City of Saratoga has determined that
the dedicated Pedestrian Walkway area is not required for present or prospective
public use to provide access to the Congress Springs School Site;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
RESOLVES THAT:
1. That area identified, described and delineated as "Pedestrian
Walkway" between Lots 204 and 205 of Tract No. 2965 on that Final Map recorded and
filed in Book 175 of Maps at Pages 54 and 55 in the Office of the County Recorder of
the County of Santa Clara, State of California, on March 26, 1964, is hereby vacated
pursuant to the authority of Chapter 3 (commencing at Section 8320) 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 Walkway area shah no longer
constitute a pedestrian walkway area.
-1-
69eA6~
~719eAe~2087
2. Except for the Pedestrian Walkway area expressly vacated pursuant
to the description contained in Paragraph 1 above, all other easements identified,
described and delineated on the Final Map recorded and filed in Book 175 of Maps at
Pages 54 and 55 in the Office of the County Recorder of the County of Santa Clara,
State of California, on March 26, 1964, are not vacated by the City at this time.
3. The Saratoga City Clerk shall cause a certified copy of this
Resolution, attested by the Clerk under seal, to be recorded without acknowledgment,
certificate of acknowledgment, or further proof in the Office of the Recorder of Santa
Clara County, California.
The foregoing Resolution was passed and adopted at a regular meeting of
the City Council of the City of Saratoga held on the 16th day of
~ril ., 1986, by the following vote:
AYES: Councilmembers Callon, Fanelli, Moyles and Mayor Pro Tem Hlava
NOES: None
ABSENT:Mayor Clevenger
ATTEST:
-"- c .......6 9 P~- 6 (; !