HomeMy WebLinkAboutCity Council Resolution 95-34 Mg P GE06[{I
{[FILED FOR REOORD~.
,. ~:AT REQUEST OF
RECORDING REQUESTED BY: ClTf OF F~RATOGA
I IZ PH '95
City Clerk 0FF~CiA~ aEC0RDS
City of Saratoga SANTA CLARA 00UNVV.
Civic Center, t 3777 Fruitvale Avenue ~R EH DA DAY IS
REOORDER ,,
Saratoga, G 95070 ~TAG~COUNTY
AND WHEN RECORDED MAIL TO:
City Clerk jV
City of Saratoga
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
C2 RESOLUTION 95-34
r,n RESOLUTION' OF SUMMARY VACATION OF
~ c~ PUBLIC SERVICE (TRAIL) EASEMENT;
:z: =: c3 LOT 6, TRACT 7770, APN: 503-15-0,tl
~ ~ ~ <[ 2 115 2 CHADWICK COURT
t~'~ t.,....,~ c.~ C''~
L~,.~ LU Recitals
I- ::..,, .! p.: W'I2/EKFJLS, application has been made to City on behalf of t.hc o~mer of
l: . :.. p, iiopertv known as Lot 6 of Tract. 7770, APN: .503-15-041 for summary vacation of a
L;.!7 :.. i - ~
L7.2: ~ ....9~blic serdce (trail) easement over a portion of the castefly 15 feet of said property.
k, i::...:~i ,~-' t~l:vi°uslY dedicated to the City: and
I:::l ~'::: 5> >'
c= I- WHEtLEAS, Streets and Highways Code §8330, et seq. authorizes summary
vacation of a public service (t~afi) easement if certain criteria are. rn,:-t; and
WHEILEA£, the Director of Public Works has determined that the subject
public service (~cail) easement meets the statutory criteria fox' stunmaD, vacation, to
wit:
The easement has not been used for the purposes for which it was dedicated
(pedestrian and equestrian trail) for five consecutive years immediately preceding the
proposed vacation;
NOW, THEEFOE, Be IL Resolved By The City Council of The City of
Saratoga as follows:
RECORDER'S MEMO
FAINT WRITING, TYPING, CARBON
COPIES OR DOT MATRIX PRINTERS
MAKE POOR PHOTOGRAPHIC RECORD
Ng PAGE061+2
1. The public service (trail) easement located on a portion of the easterly
15 feet of Lot 6 of Tract 7770, (APN:503-15-041 ), as more precisely described on
that map attached herera ~s Exhibit A and incorporated herein by reference, is l~e~cby
s umuta~ly vatted.
2. '~e .qumma~ vacation of the subject portion of the easterly ~3 feet of
Lot 6 of Ttac~ 7770 as a pubUc smTice (~ail) easement is made pursuant to St.reetg
and Highways Code ~g330 ct scq.
3. ~e facts under which the sumnine, vacation is made are:
(a) ~e public senice (uaiI) easement has not beer, used tot the
pu~ose for which it was dedicated or a~u~ed for five
conse~tivc years in~ediately preceding the proposed vacation.
~. From and after the date ot' recnrdation of this resolution in the office of
the Santa Clara Cottory Recorder, d~e subject portion of the easterly 15 leer of Lot 6
of Tract 7770 as shox~ on E~ibit A, v~ated by this resolution, no longer
consUtures a public senice (tr~l) easement.
Passed and adopted bv the City Council of the City of Saratoga. California, at
a meeting thereof held on the L day of _ au] y ,1995, by the following vote of
the members thereof:
AYES: Counci!members Jacobs, Moran, Tucker, Wolfe and Mayor Burger
None
NOES:
H9 e, P GE O6Li3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
On this 6th day of July, 1995, before me, the undersigned Deputy
City Clerk, personally appeared Ann Marie Burger, Mayor of the
City of Saratoga, known to me to be the person whose name is
subscribed to this instrument, and acknowledged to me that she
executed the same in her authorized capacity; and that by her
signature on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal of the City of Saratoga.
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