HomeMy WebLinkAboutCity Council Resolution 2544 'city clerk 10 0 18 0 8 0
City of Saratoga
13777 Fruitvale Ave.
Saratoga, Ca. 95070 AT
N 0 F E E
~OLU~ON OF THE C~Y COUN~ O~ THE C~Y
VACA~G A DED%CATED PEDESTRIAN AND Eq~ST~%AN ACC~MMENT
,K'857 44
WHEREAS, CASA GRANDE ACQUISITION CORPORATION, a California
corporation (hereinafter referred to as "CASA GRANDE"), executed an Owner's Certificate
dedicating to public use a Pedestrian and Equestrian Access Easement (PEE) as identified,
described and delineated on Lots 22 and 23 of that final Subdivision Map for Tract Number 6665
recorded and filed in Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of
the County of Santa Clara, State of California, on August 7, 198 1 (hereinafter referred to as the
"FINAL MAP"); and
WHEREAS, the City Council of the City of Saratoga rejected said Pedestrian
and Equestrian Access Easement flEE) by Resolution Number 1426-02 dated July 15, 1981; and
WHEREAS, California Government Code S 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 S 66477.2(c)states that offers of
dedication which are covered in Government Code ~ 66477.2(a) may be terminated and
.el: t'~bandoned in the same manner as described for the summary vacation of streets by Part 3
r_l I-- ~ mmeneing with Section 8300) of Division 9 of the Streets and Highways Code; and
hi ~. .e~ WHEREAS, the City has determined that the trail proposed to be constructed
C11 hi ta~V~in the subject Pedestrian and Equestrian Access Easement (PEE) would be located in close
C21 r.3 f.r] im'ty to the evised Approved Home Sites for Lots 22 and 23 as delineated on the Final
C:~ ClV~, and
LI.] C:t r.3 li. WHEREAS, LARRY PEDEN has requested that the City vacate the rejected
LI.. C.11.2L~estrian and Equestrian Access Easement (PEE) identified, described and deliahated on Lots 22
C23 ":~ b~ 23 on the Final Map inasmuch as the subject Pedestrian and Equestrian Access Easement
~ ~ [-~F~)(1) is located in close proximity to the Revised Approved Home Sites on Lots 22 and 23 of
the Final Map, and (2) has not been continuously used as a Pedestrian and Equestrian Access
Easement (PEE) since August 7, 198 1.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
RESOLVES THAT:
1. The Pedestrian and Equestrian Access Easement (PER) dedicated to public
use on Lots 22 and 23 on that Final Subdivision Map for Tract Number 6665 recorded and filed in
Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of the County of Santa
Clara, State of California, on August 7, 1981, 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 that this Resolution is recorded, said
Pedestrian and Equestrian Access Easement (PER) shall no longer constitute a Pedestrian and
Equestrian Access Easement (PEEL
2. All other easements identified, described and delineated on the Final
Subdivision Map for Tract Number 6665 recorded and filed in Book 488 at Pages 40 to 45 in the
Office of the County Recorder of Santa Clara, State of California, on August 7, 1981, 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 1st day of February, 1989 ~ by the
following vote:
AYES: Councilme~)ers Clevenger, MDyles, Peter~Dn, Stutzman and Mayor ~derson
None
NOES:
Ma~Y~r, City ~f Saratoga
Attest:
Ci~ Clerk .
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