HomeMy WebLinkAboutCity Council Resolution 2688Record' ']lig 'r!equested by, and L 512 PAGE I 2 5 8 10 6 8 919 2
to be returned to: !~b,Zo ~::~:~ ~EOOt~D
City Clerk, City of Saratoga
13777 Fruitvale Avenue
Saratoga ca FEE
R~OL~ON NO. 2688 ;~F.e nF~ ~:~ ~ T~
A ~OLU~ON OF THE C~Y COUN~
OF T~ C~ OF SARATOGA
VACA~G A DBDICA~D P~MC SER~CE E~EMENT
WHEREAS, Saratoga Real II, a limited partnership, executed an Owner's
Certificate offering for dedication a public service easement ten feet in width, as
identified and delineated on that certain Parcel Map recorded on April 21, 1986, in
Book 558 of Maps, at Page 44, Official Records of Santa Clara County, California, said
parcel map covering property located in the City of Saratoga, County of Santa Clara,
State of California, commonly known as 14629 Big Basin Way; and
IZ WHEREAS, the City of Saratoga accepted the dedication of the
,4: t~ aforementioned public service easement; and
-- ~0 WHEREAS, the current owner of said property has requested that the
L&I ~:: ( public service easement be vacated for the reason that it has never been used since
· r,~ the recording of the Parcel Map wherein the dedication was made, and such easement
~ r,:l U) t-* is not presently required =for its intended use; and
.... ~i: td I:l: WHEREAS, Section 8333 of the California Streets and Highways Code
~ C3 (: provides that a local agency may summarily vacate a public service easement where
LAJ Ck: 1:3 U3 the date of dedication is less than five years, and more than one year, immediately
I.&J {:) r.~ L&. preceding the proposed vacation, and the easement was not used continuously since
I,I, C,~ C::) that date; and
~ ~ ~ WHEREAS, notice of the proposed vacation of said [~ublic service easement
--. F.D ~ was given to Pacific Gas and Electric. Company, Pacific Bell, San Jose Water
Company, Wast Valley Sanitation District, and South Bay Cablevision, and no objection
h&m been raised by any of said utilities,
NOW, THERIFORE, BE IT BI~OLVED by the City Council of the City of
Saratoga as follows:
1. Pursuant to Part 3, Chapter 4 (commencing with Section 8330) of
Division 9 of the Streets and Highways Code, the public service easement ten feet in
width, as shown and delineated on that certain Parcel Map recorded on April 21, 1986,
in Book 558 of Maps, at Page 44, Official Records of Santa Clara County, California,
is hereby vacatcd and abandoned. A copy of said Parcel Map is attached hereto as
Exhibii "A" and incorporated herein by reference.
2. The City Clerk is hereby authorized and directed to record a
certified copy of this Resolution in the office of the Santa Clara County Recorder, and
from and after the date of such recording, the area covered by said dedication shall no
longer constitute a public service easement.
.... PASSBD AND ADOPTED at a regular meeting of the City Council of the
'~%..~, City of Saratoga held on the 3rd .. day of October .... , 1990, by the following vote:
L 5 ~ ~:P~ G~ t 259
AYES: Councilmembers Anderson,Kohler, Monia and MayorStutzman
NOES: None
ABSENT: Counci] member C] evenger
'MAYOR
ATTEST:
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