HomeMy WebLinkAboutCity Council Resolution 2400 to be returned to:
~ity Clerk, City of Saratoga
: ,toga, California 95o?0 P, GE
RE~OLUTION NO. 2400
RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SARATOGA
VACATIN,6 k P'OIITION OF A PUBLIC SERVICE EASEMENT
ON LOT 52 OF TRACT 65~.8
WHEREAS, Valley Title Company, a California Corporation (hereinafter
'Walley Title") executed an owner's certificate offering for dedication a public
service easement on Lot 52 of Tract 6528 as identified, described and delineated on
that Map recorded and filed in Book 499 of Maps, at pages 35 through 41, in the
Office of the County Recorder of the County of Santa Clara, State of California, on
May 3, 1982 (hereinafter referred to as the "Map"); and
WHEREAS, on April 21, 1982, the City of Saratoga (hereinafter "City")
accepted the offer of dedication of the aforementioned public service easement; and
WHEREAS, Eng Lee and Tracy Lee (hereinafter "Lees") are the current
owners of Lot 52 as described above; 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 if the date of dedication or acquisition of said easement is less than five
years, and more than one year, immediately preceeding the proposed vacation, and
the easement was not used continuously since the date of dedication or acquisition;
and
WHEREAS, the Lees have requested that the City vacate that portion of
the aforementioned public service easement accepted by the City, thai portion of
said easement being identified, described, and delineated ~n the metes and bounds
description a~aehed heTe~o as ExMb~ "A" and incorporated here~n by refePenee~
~nasmuch as said portion of sam Msemen~ was dad]cared ~o and acquired by ~he
less ~han five years, and mope ~h~ one year, immediately pPeceed]n~ ~h~s proposed
vacation, and said poT[]on of ~d ~semen~ has no~ been ~ed continuously s~nee ~he
de~e of dedication and acqu[s]~[on~ and
WHEREAS, ~he City has determined ~ha~ the afoFemen%~oned portion of ~he
public saPvice easemen[ which ~he Lees have Peques%ed ~o be vacated was dedicated
~o and acquired by the C~y ]es ~hen five yea~s, and more ~hen one year,
immediately preceed]nE ~h~s p~o~sed vacation, and said portion of sam easemen[
has no~ been used eon~]nuo~]y since ~he ~e of dedication ~d aequis~]on~
WHEREAS, one of ~he purposes for which ~he aforementioned public
service easement ws dedicated and acquired was ~o p~ov]de a surface wa~e~
d~a~ne~e a~ea on said Lo~ 52~ and
WHEREAS, ~he Lees sha~ execute an Indemn~y A~Peement, a copy of
which ~s a~aehed here~o as Exh]bi~ "B" and incorporated heTe]n by ~efe~ence,
hold~n~ ~he C~[y harmle~ from ~y damages ~ha~ may occur from ~y surface wa~eF
drainage, flood[hE o~ ~h movemen~ on ~he aforementioned portion of ~he public
service easemen~ which ~he Lees have requested the City ~o vaca~e~
1
K 050 ss 258
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY O~ SARATOGA
RESOLVES THAT~
1. That portion of the p~blie service easement on Lot 52 o~ Tract 6528,
Unit T~o identified, described ~d delineated i~ the metes and bounds description
attached he~eto as ~xhibit ~A" and incorporated he~ein by reference, dedicated by
Va~ey Title ~d acquired by ~he Cit~ as a portion of the public service easement
identified, described and delineated o~ that ~ap flied and recorded in Book 499 of
Maps, at pages 35 theough 41, in the Office of the Co~nt~ Recorder of the Count~ of
Santa Clara, State of California, o~ Ma~ ~, 1982, is hereby vacated pursuant to the
authority of Chapte~ 4 (eomm~eing at section 8330) Part 3, of Division 9 of the
California Streets and Highways Code, on the condition that the original Indemnity
Agreement, a eop~ of ~hieh is attached hereto as Exhibit 'B" and ineorpocated
herein by eeferenee, is recorded with the County Recorder for S~ta Cl~a County,
California, and ~hat from and aft~ the date that this resolution is recorded, the
afo~ementione4 poetion of the public service easement shall no longer constitute
such an easement ~ dedicated by Ya~e~ Ti~e and acquired b~ the City.
2. Except fo~ the portion of the aforementioned public service easement
expee~ly vacated p~suant to the description contained in paragraph 1 above, all
other easements and offers of dedication identified, described, and delineated on
Lot 52 o~ the map recorded an4 filed in Book 499 of Maps, at pages 35 through 41, in
the Office of the County Recorder of the County of Santa Cl~a, State of
California, on May 3, 1982, are not vacated by the City at this time.
3. The Mayor of the CIty of Saratoga, California is hereby authorized to
execute on behalf of the City, the aforementioned Indemnity Agreement.
4. The Saratoga City Clerk shall cause a certified copy of this
resolution, attested by the clerk under seal, to be recorded without
acknowledgement, certificate of aeknowledgement or f~ther proof, in the Office of
the Recorder of Santa Clara County, California. The Saratoga City Clerk shall also
cause the fully ~ecuted Indemnity Ageement referred to in p~agraph 3 above to
be recorded 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 _2_!_st' day of
January ...... , 1987, by the following vote:
AYES: Councils Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava
NOES: None
ABSENT: None
Attest: , ~., :-..":.~/.~:..]i;'~ .? - '- .
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City Clerk %, ', "., . ~ ~ $ v. ,,:,, .-
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EXH IB I T "A"
Legal Des~ip~n of a Public Service Easement lying withxh Lot
S2 of Tta~ 6528 w~ ~ to he abandoned.
Commenc~g at the N~rthwest ~orner of Lot 52 as shown on the Map of
Tra~t 6528 which Map was recorded in Book 499 of Maps, pages 35 -41
Santa ~ara County Records,' thence Mong the Westerly line of sm'd lot 52,
sm'd Wester~V b~e being also the Easterly line of l~mond Oaks Court a
pubh~ street shown on said Map of Tra~t 6528, Southwesterly along the
arc of a curve to the r~ht with a ra~s of 130. 42 feet through a central
angle of 6 e53 ~4"for an arc ~tance of 15. 70 feet,' thence tangenfl~lZv
.... South 37e 47D9" West 17 01 feet to the beginmhg of a tangent curve to the
left: thence Mong sMd curve to the left with a ra~s of 110.00 feet through
a central angle of20e50 05"for an arc distance of 40.00 feet to the
intersec~n with the Southerly ~ne of a Public Service Easement as shown
on said Map of Tra~t 6528: thence leaving the Easterly line of sMd
L~mond Oaks Court and the Westerly l~e of sMd lot 52 Mong the
Southerly l~e of said Pubh~ Service Easemen t, North 64 ~ 13 22" East
64.69 feet to the True Point of Beginnzhg: thence conUnuing along sMd
Southerly hhe , South 64~ 1322"East 55. 13 feet,' thence leavzhg sMd
Southerly h~e and proceeding Westerly along a hhe that is parmlel ~dth
and 20 feet Southerly measured at rZght angles from the NortherZv line of
sMd lot 52, South 81 ~30' West 50. 41 feet ,' thence leaving sMd para~el
b~e South 2eOO'O0"East 16.38 feet to the True Point of Beg'zu_.ing.
JMH #2353/2796
October 1986
EXHIBIT A
EXHIBIT B
Recording requested by:
c, Y or h' 0 5 0 2 (; O
After reeordation return to:
City of Saratoga
Planning Department
13777 Fruitvale Avenue
Saratoga, CA 95070
INDEMNITY AGREEMENT
AGREEMENT, Made this 4th day of February , 1987, by
and between Eng Lee and Tracy Lee, husband and wife, ("Owners") and the CITY OF
SARATOGA, a Municipal Corporation ("City").
Witnesseth:
Owners are the owners of that certain real property located in the City of
Saratoga, County of Santa Clara, State of California, and identified, described and
delineated as Lot 52 on the Map for Tract 6528, Unit Two, recorded in Book 499 of
Maps, at pages 35 through 41, in the office of the County Recorder of Santa Clara
County, State of California on May 3, 1982, (hereinafter referred to as "the
Property").
A public service easement has been dedicated to and acquired by the City
on the Property for the purpose of, inter alia, providing a surface water drainage
area on the Property.
Owners have applied to City for vacation of a portion of the
aforementioned public service easement. The portion of the public service
easement that owners request the City to vacate is described in the metes and
bounds description attached hereto as Exhibit "A" and incorporated herein by
reference.
City is willing to grant the requested vacation of the above described
portion of the public service easement on condition that City is expressly released
and indemnified against any and all liability for loss or damage sustained by Owners,
their successors and assigns, or by any other person as a consequence of water
damage, flooding or earth movement within the above described portion of the
public service easement, or caused to other property as a result of the subdivision,
development, use and/or occupancy of the above described portion of the public
service easement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Subject to execution of this Agreement by the parties, City agrees to
vacate that portion of the public service easement on the property identified in the
by reference.
2. In consideration for City's vacation of the aforementic;ne~l ~ortion of
the public service easement, Owners do hereby agree to indemnify and hold City, its
officer, officials, agents, employees, boards, commissions and consultants free and
harmless from and against any and all claims, demands, causes of action, damages,
liabilities, costs or expenses (including the expense of attorneys fees for defending
any action brought against City or any of its officer, officials, agents, employees,
boards, commissions or consultants), arising out of or in any manner relating to any
loss, injury or damage suffered by Owners or by any other person or' persons as a
result of any water damage, flooding or earth movement that may occur as a result
of any subdivision, development, use and/or occupancy of that portion of the public
service easement described in Exhibit "A" attached hereto and incorporated heroin
by reference. Owners, on behalf of themselves, and their successors and assigns,
hereby acknowledge that the portion of the public service easement sought to be
vacated on the property is located within a surface water drainage area and Owners
expressly assume al~ risk of injury or damage which may be caused by the
subdivision, development, use and/or occupany of said portion of said public service
easement on said property by reason of it being located within such a surface water
drainage area.
3. This Agreement shall run with the land and shall be binding upon the
heirs, administrators, executors, successors and assigns of the Owners.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
ENG LEE, O
TRACY ~LEE~,OwheF"
CITY OF SARATOGA
a Municipal Corporation
ara toga
ATTEST AS TO SIGNATIIRES OF
GRACE E. CORY / .-,/~.~
Deputy City clerk '
Government Code ~408 14
',...~
K 050aa 262
EXH ID I T "A "
Legal Desm'ip~n ~f a Public Servi~e ~sement l~i~ wi~ Lot
52 ~ Xra~ 6528 w~ is to he ab~don~
~mmen~g at ~e ~r~st ~rner ~Lot 52 as ~o~ ~ ~e Map ~
Tra~ ~28 whi~ Map was r~ded ~ ~' 499 ~ Maps, pages 35 -4I
S~ta ~a ~unty ~e~rd~' ~en~ Mo~ ~e West~ly ~e ~s~dJot 5~
s~d Wester~ ~e be~ ~ ~e ~sterly ~e ~Diamond O~'s ~ur~ a
pubh~ s~eet sho~ on sMd Map ~ Tra~ 652~ Sou~westerly ~o~ ~e
~ ~a cu~e to ~e r~ht wi~ a radius ~ I3~ 42feet ~ough a ~ntr~
~le ~ 6 o~7 ~4"for ~ ~c ~t~ ~ ]~70 fe~t,' ~en~ t~gen~ly
-- ~ Sou~ 37~ 47D.~" West 17.01 f~t to ~e beg~g ~ a t~ent cu~e to ~e
left,' ~en~ Mo~ s~d curve to ~e left ~ a ra~s ~ l I ~ 00 feet ~oug~
a ~Dt~~je ~20°50DS"for ~ ~c d~t~ ~ 4~00feet to ~e
.... ~terse~ wi~ ~e Sou~er~ h~e of a Pubh~ Servi~ Easement as sho~ "
on s~d Map ~ Tract 652~' ~en~ leav~ ~e ~asterjy ~e ~ s~d
Diamond ~'s ~urt ~d ~e Westerly I:~e ~ sMdJot 52 ~ong ~e
Sou~erly ~e ~ sMd Puhh~ ,~j~ ~sem en t, Nor~ 64 ~ ~3 ~2 "~st
~ 6~69 f~t to ~e True ~t ~Beg~' ~ ~n~u~ Mo~ s~d
Soundly ~ , Sou~ 64~I3 22'~st 5~ I3 f~e~' ~en~ leav~ sMd
Soundly ~e ~d pr~d~ Westerly ~ a ~e ~at ~ p~el ~i~
~d 20 I~ SouSefly measured at r~ht ~gles from ~e Nor~erty ~e ~
sMd lot 52, Sou~ 8] °30' West 50. 4I feet ,' ~en~ jeav~g s~d p~el
~e Sou~ 2°00' 00"~st 1~38 feet to ~e True Po~t ~Be~:~i~
.IMH #Z333/Z796
O~ober 1986
IE'VUmE)!T R