HomeMy WebLinkAboutCity Council Resolution 2369 (2) Recording requested by,
to ratted to: 3 8 4 5 PAGE:I 2 4 9
&~'City Clerk, City of Saratoga " :
1377z Fruitraze Ave. S94 016
Saratoga, California 95070 RESOLUTION NO. 2369
RE$OLUTION OF TI~E CiTY COUNCIL OF THE CITY OF SARATOGA
VACATING A PORTION OF MARION ROAD OFFERED FOR
DEDICATION A8 A PUBLIC STREET
WHEREAS, W. D. POLLARD executed an Owner's Certificate offering for
dedication as a public street Marion Road, as identified, described and delineated on
that Map of the Pollard Subdivision recorded and filed in Book E of Maps, at page 65
in the office of the County Recorder of the County of Santa Clara, State of
California, on January 13, 1891 (hereinafter referred to as the "Map"); and
~'.i!!~:X :~ ~iD WHEREAS, the board of Supervisors of the County of Santa Clara have never
g~":~ !::"~'.i ~ ~ accepted the aforesaid offered dedication of Marion Road; and
]~[~' E.,ud~ L,,...~ ~ WHEREAS, the area encompassed in the Map was placed into the jurisdiction
~- of the City of Saratoga (hereinafter "City") when the City was incorporated; and
[ ..........:i~:~i~:':. !.,~ M:KWHEREAS, the City Council of the City has never accepted the aforesaid
C,~:::~ ~:::.~ offer of dedication of Marion Road; and
L::1 C~ U~ WHEREAS, a portion of the land delineated on the Map has been re subdivided
~ ' [L'.] [-- pursuant to a parcel Map recorded at Book 496 of maps at Page 1 in the Office of
~ '< ~:::,~ .~- the County Recorder of the County of Santa Clara, State of California on February
.~.:!,~ ~...~ I:.X:"M ~Z 2, 1982 (hereinafter "Parcel Map"); 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
vacation of streets by part 3 (commencing with Section 8300) of Division 9 of the
Streets and Highways Code; and
WHEREAS, CARL FRANKLIN (hereinafter "Franklin"), the current owner of a
parcel of real property delineated on the Parcel Map and encumbered by the Marion
Road dedication, has requested that the City vacate that portion of Marion Road
offered for dedication and not accepted as identified, described and delineated in
the metes and bounds description attached hereto as Exhibit "A" and incorporated
herein by reference, inasmuch as the referenced portion of Marion Road has, for a
period of five consecutive years, been impassable for vehicular travel, and no public
money was expanded for the maintenance of the referenced portion of Marion Road
during such period of time; and
WHEREAS, the City has determined that the portion of Marion Road which
Franklin has requested to be vacated has, for a period of five consecutive years,
been impassable for vehicular traffic, and no public money was expanded for
maintenance of the referenced portion of Marion Road during such period of time;
FAINT WRITING OR
OR CARBON COPIES MAKEJ~
J845 1250
:.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
RESOLVES THAT:
1. That portion of Marion Road identified, described and delineated in
the metes and bounds description attached hereto as Exhibit "A" and incorporated
herein by reference, offered for dedication as a public street on the Map of the
Pollard Subdivision recorded and filed in Book E of Maps at page 65 in the Office of
the County Recorder of the County of Santa Clara, State of California, on January
13, 1891, 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, and
that from and after the date that this resolution is recorded, the aforementioned
described portion of said Marion Road shall no longer constitute a street or public
highway as offered for dedication.
2. Except for the portion of Marion Road expressly 'vacated pursuant to
the description contained in Paragraph 1 above, all other easements and offers of
dedication identified, described and delineated on the Map of the Pollard Subdivision
recorded and filed Book E of Maps at page 65 in the Office of the County Recorder
of the County of Santa Clara, State of California, on January 13, 1891, and on the
Parcel Map recorded at Book 496 of Maps at Page 1 in the Office of the County
Recorder of the County of Santa Clara, State of California, on February 2, 1982, 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 3rd day of
September ,1986, by the following vote:
AYES: Counci]zei~rs Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava
NOES: Ncr~e
ABSENT:None
Ma~, C(~foT Sgr~toga
Attest: TH,S IS Trl CERTIFY THAT TF~E WITFIIN
~TRUMENT IS A TRLJE ~.~.I~' :jt'3T COPY
,",
· J845 1251
HARION ROAD ABANDONMENT
Beginning at the Northwest corne~ of paVc~e.~ A as.~ho~n on that
Parcel Map recorded in Book 496 of maps, page 1 of S~n~a Clara County
Records, said point of beginning being also a point on the centerline
terminus of Hation Road, as sho~n on the map of the Pollard Subdivision,
which was recorded in Book E of maps, st page 65 of Santa Clara County
Records; thence from said point of beginning along the Northwesterly
prolongation of the Southwesterly line of said parcel A, North 56°
46'30" West 1B.lO feet; thence leaving said prolqngation and proceeding
Northeasterly along the Northwesterly line of said Marion Road said
line being parallel with & fifteen feet Northerly measured at right
angles from the said centerline of Marion Road, North 67°15' East
233.79 feet to a point of cusp, said point of cusp being North 69°
04'51" West 42.00 feet radially from the centerline of a cul-de-sac
as shown on said Parcel Map; thence Southerly along a radial curve
to the left from said radial bearing with a radius of 42.00 feet
through central angle of 24°21'53'' for an arc length of 17.86 feet
to the Northeast corner of said parcel A; thence along the Northeasterly
line of said parcel A and continuing along said curve to the left
with a radius of 42.00 feet through a central angle of 20~50'16''
for an arc length of 15.28 feet to a point on the Southeasterly line
of said Marion Road; thence Southwesterly along said Southeasterly
line of Marion Road, which is parallel with and distant fifteen feet
from the centerline of said Marion Road and the Northwesterly line
of said parcel A, South 67°15' West 201.92 feet to a point on ~e
Southwest line of said Parcel A; thence North 56~46'30'' West 18.10
feet to said Northwest corner of Parcel A and the point of beginning.
J845P sc.1249