HomeMy WebLinkAboutCity Council Resolution 2397to ~ ret~ ~=
Ci~ Cl~k, Ci~ of S~a~a ~~ FILED F'O~ ~EGORD
13777 ~i~e A~ AT REQUEST
~ '~a, Califo~ia 95070
~OLU~ON OF TBE CITY COUNCXL OF T~E C~Y OF ~T~A~'
VACA)G A PUBUC SERVICE EASEMENT LA~JFziIE
AND SA~TARY SEWER ~EMENT
~g~EAS, Alice ~. 8ie~rist (hereina~te~ "8ie~rist") exeouted an Owner's
Certificate offering for dedication a publie service easement and sanitary se~er
easement as identified, de~ribed, and delineated on that Parcel
filed in Book 457 of Maps, at page 6, in the office of the County Recorder of the
County of S~ta Clara, State of California, on Janu~y 7, 1980, (hereinafter referred
to as the "Map"); and
WHEREAS, on December 12, 1979, the City of Saratoga (hereinafter
"City") accept~ the offer of dedication of the aforementioned public service
easement or and sanit~y sewer easement; and
WHEREAS, Sicgrist caused a Map to be filed and recorded in Book 492 of
Maps, at page 1, in the office of the County Recorder of the County of Santa Clara,
State of California, on November 5, 1981, reverting to acreage the lands contained
within the Map; and
· WHEREAS, said reversion to acreage map indicates that the
aforementioned public service e~ement and sanitary sewer easement are to be
abandoned; and
WHEREAS, California Streets and Highways Code Section 8333 provides
that the legislative body of a local agency may summarily vacate a public service
easement and sanit~y sewer esement if such ~sements have not been used for the
p~poses for which they were dedicated or acquired for five consecutive ye~s
immediately preceeding the proposed vacation; and
WHEREAS, Alice and Paul Duncan (hereinafter "Duncans"), the current
owners of the real property delineated on the Map, have requested that the City
~ vacate the public service easement and sanitary sewer easement accepted by the
~ City as identified, described and delineated on the Map, inasmuch as said easements
~ have not been used for the purposes for which they were dedicated and acquired for
~ ~ five consecutive years immediately preceeding the Duncans request for the proposed
~ ~ ~ vacation of said easements; and
~ ~ ~ ~ WHEREAS, the City has determined that the public service easement and
~ ~ ~ ~ sanitary sewer esement which the Duncans have requested to be vacated have not
~ been reed for the purposes for which they were dedicated and acquired for five
~Z consecutive years immediately preceeding the Dunces request for the proposed
~ ~ ( vacation of ~id easements;
1' m ~ ~ ~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
~ ~ . ~ RESOLVES THAT:
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1. The public service easement and sanitary sewer easement identified,
described and delineated on that Parcel Map filed and recorded in Book 457 of Maps,
at page 6, in the office of the County Recorder of the County of Santa Clara, State
of California, on January 7, 1980, and marked as "TO BE ABANDONED" on that
reversion to acreage map filed and recorded in Book 492 of Maps, at page 1, in the
office of the County Recorder of the County of Santa Clara, State of California, on
November 5, 1981, are 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 that this resolution is recorded,
the aforementioned public service easement and sanitary sewer easement shall no
longer constitute such easements as dedicated by Sicgrist and acquired by the City.
2. 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, California.
The foregoing resolution was passed and adopted at a regular meeting of
the City Council of the City of Saratoga held on the 21st day of
January~ , 1987, by the following vote:
AYES: Councils ~nderson~ Clevenqer, Ivloyles, Peterson, and lvlayor HZava
NOES: None
ABSENT: None
:oga
Attest:
City Clerk ~"