HomeMy WebLinkAboutCity Council Resolution 92-081
Pec~'rdi ng requested by,
and to be returnedto:
City Clerk, City of Saratoga
13777 Fruitvale Ave.
Saratoga CA 95070
M 562 PAGE2050
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RESOLUTION NO. 92-081
~; tU~U rOK RECOR )
AT REQUEST OF
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DEC 29 9 04 AM '92
OFf:'ICAt. I:: .
RESOLUTION OF THE CITY COUNCIL OF THE CITY QfÅNTA OLARÞ, COliN '.' '..,
SARATOGA VACATING A DEDICATED EASEMENT FOR LAURIE KAm::
LIGHT AND AIR ,"Ër.onf"'f
WHEREAS, CHARLES W. STEWART, JESSIE H. STEWART 1 BARLOW E.
DUNBAR and ROSSUNA B. DUNBAR, executed an Owner's Certificate
dedicating to public use an easement for light and air under, on
and over that certain strip of land lying between the lines of
Baranga Lane and the lines designated "building line" or "B/L" as
identified, described and delineated on Lot 7 of that final
Subdivision Map for Tract Number 1206 recorded and filed in Book 46
of Maps at Page 8 in the Off ice of the County Recorder of the
County of santa Clara, State of California, on september 23, 1953,
(hereinafter referred to as the '·Final Map"); and
WHEREAS, the subject easement for light and air has never
been accepted for or by the public~ and
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IX.. WHEREAS, California Government Code Section 66477.2 (c)
< M states that offers of dedication Whioh are covered in Government
~ ~ ~ Code Section 66477.2 (a) may be terminated and abandoned in the same
- \D ~anner as described for the summary vacation of streets by Part 3
~ == cJ c.':1(commencing with section 8300) of Division 9 of the Streets and
ca W LaJ OIighways Code; and
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I- "I ct:' WHEREAS, ROBERT LIW and CAFNIE LIN, the current owners of
',"' ¿:~ <Lot 3 as shown on the Final Map, hav~ requested that th-: C?ity
LA} C.,.: I:'J Wvacate the unaccepted easement for lIght and air identl.f led,
u.,l ~";i (J LJ.described and delineated on Lot 3 on the Final Map inasmuch as the
u.". g . OSubject easement for light and air has not been continuously used
-< ç >-8S an easement for light and air for the five consecutive years
C] CJ -immediately proceding the date ot this resolution; and
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WHEREAS, the City has determined that the subject easement
as identified, described and delineated on Lot 3 of the Final Map
has not been used for the purpose tor which it was dedicated for
five consecutive years immediately preceding the date of this
resolution.
WHEREAS, California Government Code Section 66471.2(a)
provides that if, at the time a Final xap 1s 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 offeree may at a
latèr date rescind the rejection and accept the street, path,
alley, public utility easement or similar item; and
NOW, THEREFORE, the city Council of the City of saratoga
resolves that:
H 5 6 2 pn GE 2 052
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this 16th day of December, 1992, before me, the undersigned Deputy City
Clerk, personally appeared Karen Anderson, personally known to me to be the
person who executed this instrument as Mayor of the City of Saratoga, and
acknowledged to me that the City of Saratoga executed it.
Witness my hand and official seal of the City of Saratoga.,
~ ri. ~"
Grace E. Cory, Deput City Clerk
Gov. Code 40814
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1. The easement for light an~ air dedicated to public use
on Lot 3 on that final Subdivision Map for Tract Number 1206
recorded and filed in Book 46 of Maps at page 8 in the Office of
the County Recorder of the County of Santa Clara, State of
California, on September 23, 1953, is hereby vacated pursuant to
the authority of Chapter 4 (commending at Section 8330) of Part 3,
of Division 9 of the California streets and Hiqhways Code, and that
from and after the date that this resolution is recorded, said
easement for light and air shall no longer constitute an easement
for light and air on said lot.
2. All other easements identified, described and delineated
on the final Subdivision Map for Tract Number 1206 recorded and
filed in Book 46 of Maps at Page 8 in the Office of the County
Recorder of the County of Santa Clara, state of California on
September 23, 1953, 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 foreqoin9 resolution was passed and adopted at a regular
meeting of the city council of the City of Saratoga held on the
16th day of pecel11ber , 1992, by the following
vot.e:
AYES:
Council members Burger, Kohler, Mania, Tucker and Mayor Anderson
NOES:
None
ABSENT: None
ABSTAIN :None
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~ Mayor
AT'J,"EST:
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city Clfk'