HomeMy WebLinkAboutCity Council Resolution 95-41 P01
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CITY OF SARATOGA
ECO ING EQUESTED BY: Z I10e
City Clerk OFFiCiAL RECORDS
City of Saratoga .¢ SANTA CLARA COUNTY
BE, ENDA DAVIS
Ci~c Center, 13777 Fruitvale Avenue 1R~ ~D ~F~
Saratoga, CA 95070 ~ S 9
AND WHEN RECORDED MAIL TO:
City Clerk
of NO FEE DI
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
RESOLUTION 95- 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ABANDONING VARIOUS OFFERS OF DEDICATION
OF EASEMENTS AND ACCEPTING MODIFIED OFFERS OF
DEDICATION OF EASEMENTS ON LOT 18 OF TRACT 7761
APN: 503-78-018
~'!~' Address:
(Quarry RDad)
F ...... WHEREAS, a subdivision map for Tract 7761, known as Mount Eden Estates,
gt:~as recorded in the office of the County Recorder for the County of Santa Clara on
g';:!~ecember 4, 1986, in Book 567 of Maps, at Pages 48, 49 and 50; and
WHEREAS, an Amended Tract Map for Tract 7761 was recorded in the Office
>.....of the County Recorder for the County of Santa Clara on August 21, 1989, in Book
!::":':'604 of Maps, at Pages 42, 43 and 44; and
WHEREAS, said maps contain offers of dedications of various easements to
the City of Saratoga ("City") over portions of Lot 18 including a Scenic, Trail and
Drainage Easement, a Trail Easement, and a Slope Easement; and
WHEREAS, the City has not previously accepted the aforementioned
easements offered for dedication on said maps; and
WHEREAS, California Government Code Section 66477.2(c) states that offers
of dedication which have not been accepted may be terminated and abandoned in the
same manner as prescribed for the summary vacation of streets by Chapter 4 of Pan
3 (commencing with Section 8330) of Division 9 of the California Streets and
Highways Code; and
WHEREAS, the current owner of Lot 18 has requested the City to vacate the
offers of dedication of all of the aforesaid easements except for that of the Slope
Easement, and to accept the dedication of modified easements; and
WHEREAS, the City has determined that the easements as originally offered
for dedication on the recorded maps for Tract 7761 except for the Slope Easement,
constitute excess areas which are not required for the purposes of such easements and
that the easements as modified and offered for dedication, more accurately reflect the
purposes intended to be served by such easements, in terms of both type and location
of such modified easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga as follows:
1. Those easements offered for dedication on Lot 18 of Tract 7761 as
described in Exhibit "A" attached hereto and made a part hereof, and shown as
"Existing Scenic, Trail and Drainage Easement and Existing Trail Easement" on the
drawing attached hereto as Exhibit "B" and made a part hereof, are hereby vacated
pursuant to the authority of Chapter 4 of Part 3 (commencing with Section 8330) of
Division 9 of the California Streets and Highways Code, and that from and after the
date this resolution is recorded, such easements on Lot 18 of Tract 7761 shall no
longer constitute easements offered for dedication.
2. Those easements as modified and offered for dedication on Lot 18 of
Tract 7761 as described in Exhibit "C" attached hereto and made a pan hereof, and
shown as "Scenic Easement; Storm Drainage Easement; and Pedestrian & Equestrian
Easement" on the drawing attached hereto as Exhibit "D" and made a part hereof, are
hereby accepted and that from and after the date this resolution is recorded, such
easements offered for dedication shall constitute easements as accepted by the City of
Saratoga.
2
P o I PAGSO027
3. The Slope Easement on Lot 18 offered for dedication on the recorded
maps of Tract 7761 is hereby accepted and that from and after the date this
resolution is recorded, said easement offered for dedication shall constitute an
easement as accepted by the City of Saratoga.
4. The City Clerk is directed to deliver a certified copy of this Resolution
to the Recorder of Santa Clara County for recording.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 20th day of September ,1995 by the following vote:
Ayes: Councilmembers Burger, Moran, Wolfe and Mayor ~acobs
NOES: None
Counci 1 member Tucker
ABSENT:
ATTEST:
City clerk
September 15, 1995
J :\WPDMMNRSW~ 7 3XRE S 95\TRAC 7761. W 61
3
Po? mPAG O028
EXHIBIT A
1. All of that area shown and designated as "Scenic, Trail and
Drainage Easement" on Lot 18 as said lot appears on the Map of
Tract 7761 (Mount Eden Estates Subdivision) recorded in the office
of the County Recorder for the County of Santa Clara on December 4,
1986, in Book 567 of Maps, Pages 48, 49 and 50, and on the Amended
Map of Tract 7761 recorded in the Office of the County Recorder for
the County of Santa Clara on Augusta21, 1989, in Book 604 of Maps,
Pages 42, 43 and 44.
2. All of that area shown and designated as "Trail Easement" on Lot
18 as said lot appears on the AmendedMap of Tract 7761 recorded in
the office of the County Recorder for the County of Santa Clara on
August 21, 1989, in Book 604 of Maps, Pages 42, 43 and 44.
LOT li' ' ' "" 4'..r,v.r.. JT.0#,Z;off, 9/. 2:
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RECORDER'S MEMO
FAI~ WR~T(NG, ~P;NG, CARBON
Po 7 I PI GEO030
EXHIBIT"C"
OFFER TO DEDICATE EASEMENT FOR STORM DRAINAGE AND CONTROL
For valuable consideration, the undersigned owners of the hereinafter described real property,
hereby warranting that they constitute all of the owners thereof, for themselves, their heirs,
successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a
Municipal Corporation, and easement for storm water drainage and control under, over, and
across that certain real property situated in the City of Saratoga, county of Santa Clara, State
of California. Said property is more particularly described as follows:
Beginning at a poipt on the northerly rights of way line of Villa Oaks Lane, said point being
the coruer of lots 17 and 18, as shown on the Amended Tract Map of Tract 7761, Mount Eden
Estates and recorded in Book 604, at Pages 42 through 44, Santa Clara County;
thence along the boundary between Lots 17 and 18 North 24 Degrees 09 Minutes 48 Seconds
East a distance of 70.64 feet to the true point of beginning; thence South 61 Degrees 27
Minutes 39 Seconds East a distance of 218.94 feet; thence North 20 Degrees 16 Minutes 34
Seconds East a distance of 38.94 feet; thence North 46 Degrees 24 Minutes 43 Seconds West a
distance of 128.92 feet; thence North 62 Degrees 29 Minutes 15 Seconds West a distance of
183.19 feet; thence South 34 Degrees 21 Minutes 53 Seconds East a distance of I04.13 feet;
thence South 24 Degrees 09 Minutes 48 Seconds West a distance of 21.36 feet to the true point
of beginning.
The undersigned understand that the within offer can only by accepted by resolution of the city
Council of the City of Saratoga, and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be
binding upon our heirs, personal representatives, successors and assigns. The plural as used
herein shall include the singular, and the singular shall include the plural.
Executed this /--/ day of -5"e,.~TZ...-.~e~.~r--', 1995.
The Thomas E. Burke & Hope F. Burke
1985 Trust
PAGE 1
T'o i en O031
STATE OF CALIFORNIA )
) sso
COUNTY OF SANTA CLARA )
On the 14th day of September, 1995, before me, Grace E.
Cory, Deputy City Clerk, personally appeared T. E. Burke,
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed
the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon
behalf of which the person acted executed the instrument.
Witness my hand and official seal of the City of Saratoga.
!,: ~ ~i."
.,./.
::.,
OFFER TO DEDICATE EASEMENT FOR STORM DRAINAGE AND CONTROL
For valuable consideration, the undersig~ed owners of the hereinafier described real property,
hereby warranting that they constitute all of the owners thereof, .for themselves, their heirs,
successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a
Municipal Corporation, and easement for storm water drainage and control under, over and
across that certain real property situated in the City of Saratoga, county of Santa Clara, State
of California. Said property is more particularly described as follows:
Beginning at the most northerly corner of Lot 18 as shown on the amended subdivision map
for Tract 7761, Mount Eden Estates, and recorded in Book 604, Pages 42 through 44 Santa
Clara County records;
thence along the northerly boundary line South 56 Degrees 38 Minutes 33 Seconds West a
distance of 101.24 feet to the true point of beginning of the 20-feet wide storm drain easement;
thence along the centerline of said easement South 55 Degrees 56 Minutes 04 Seconds East a
distance of 80.92 feet; thence South 42 Degrees 53 Minutes 13 Seconds East a distance of
93.55 feet, thence South 15 Degrees 48 Minutes 06 Seconds West a distance of 77.05 feet;
thence South 35 Degrees 33 Minutes 12 Seconds West a distance of 325.95 feet to the
northerly limit of storm drain easement recorded in Book , Page.. Santa Clara county
Official Records, ~nd terminus of this description.
The undersigned understand that the within offer can only by accepted by resolution of the city
Council of the City of Saratoga, and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be
binding upon our heirs, personal representatives, successors and assigns. The plural as used
heroin shall include the singular, and the singular shall include the plural.
Executed this //-/Z day of
The Thomas E. Burke & Hope F. Burke
1985 TrUs.t
PAGE 2
po I t pp, Gr...O033
STATE OF CALIFORNIA )
) sso
COUNTY OF SANTA CLARA )
On the 14th day of September, 1995, before me, Grace E.
Cory, Deputy City Clerk, personally appeared T. E. Burke,
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed
the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon
behalf of which the person acted executed the instrument.
Witness my hand and official seal of the City of Saratoga.
: ....... ...
.,,, ,'.~ !1I
_. ~'.,, ...'.j
Po] tpp. ;F. O03
OFFER TO DEDICATE THE PUBLIC A PEDESTRIAN & EQUESTRIAN EASEMENT
For valuable consideration, the undersigned owners of the hereinafter described real property,
hereby warranting that they constitute all of the owners thereof, for themselves, their heirs,
successors and assigns, hereby irrevocable offer to dedicate to the city of Saratoga, a
Municipal corporation, the use forever of a Pedestrian & Equestrian Easement under, over,
and across that certain real ptk~perty situated in the City of Saratoga, county of Santa Clara,
State of California. Said property is more particularly described 'as follows:
Beginning at a point on the northerly rights of way line of Villa Oaks Lane, said point being
the corner of lots 17 and 18, as shown on the Amended Tract Map of Tract 7761, Mount Eden
Estates and recorded in Book 604, at Pages 42 through 44, Santa Clara County; thence along
said northerly fights of way South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04
feet to the true point of beginning of the 15-feet wide easement; thence along the centerline of
said easement thence South 69 Degrees 50 Minutes 13 Seconds East a distance of 26.04 feet;
thence North 24 Degrees 09 Minutes 48 Seconds East a distance of 137.79 feet; thence North
42 Degrees 08 Minutes 49 Seconds West a distance of 361.43 feet; thence North 29 Degrees
45 Minutes 23 Seconds West a distance of 37.00 feet; thence South 73 Degrees 16 Minutes 05
Seconds West a distance of 139.23 feet to the westerly boundary of Lot 18 and terminus of this
description .' '
The undersigned understand that the within offer can only by accepted by resolution of the city
Council of the Ci~ of Saratoga, and recordalien of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. this offer be irrevocable and shall be
binding upon our heirs, personal representatives, successors and assigns. The plural as used
herein shall include the singular, and the ~ingular shall include the plural.
Executed this /"7z day of '.Y.~,~-~/--~.-n~r, 1995.
The ThOmas E. Burke & Hope F. Burke
1985 Trust
PAGE 3
STATE OF CALIFORNIA )
) sso
COUNTY OF SANTA CLARA )
On the 14th day of September, 1995, before me, Grace E.
Cory, Deputy City Clerk, personally appeared T. E. Burke,
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed
the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon
behalf of which the person acted executed the instrument.
Witness my hand and official seal of the City of Saratoga.
Grace E. Cory, Depu~ City Clerk
Gov. Code 40814
OFFER TO DEDICATE SCENIC EASEMENT
¥
For valuable consideration, the undersigned owners of the hereinafier described real property,
hereby warranting that they constitute all of the owners thereof, for themselves, their heirs,
successors and assigns, hereby irrevocably offer to dedicate to the city of Saratoga, a
Municipaltcorporation, a scenic easement to be kept open and free from buildings and
structures of any kind except irrigation lines, landscaping, public utility lines, storm and
sanitary sewer lines, under, over and across that certain real property situated in the City of
Saratoga, county of Santa Clara, State of California; more particularly described as follows:
Beginning at the most westerly comer of Lot 18 as shown on the amended subdivision map for
Tract 7761, Mount Eden Estates, and recorded in Book 604 of Maps at Pages 42 through 44
Santa Clara County Records; thence along the northerly boundary line of Lot 18 North 51
Degrees 36 Minutes 48 Seconds East a distance of 201.72 feet; thence South 87 Degrees 40
Minutes 04 Seconds East a distance of 341.64 feet; thence North 56 Degrees 33 Minutes 33
Seconds Fast a distance of 82.16 feet; thence leaving said northerly boundary line South 55
Degrees 56 Minutes 04 Seconds East a distance of 80.92 feet; thence South 42 Degrees 53
Minutes 13 Seconds East a distance of 93.55 feet; thence South 15 Degrees 48 Minutes 06
Seconds West a distance of 77.05 feet; thence South 35 Degrees 33 Minutes 12 Seconds West a
distance of 65.28 feet; thence' North 58 Degrees 34 Minutes 37 Seconds West a distance of
160.70 feet; thence North 88 Degrees 09 Minutes 56 Seconds West a distance of 192.41 feet;
thence South 20 Degrees 01 Minutes 34 Seconds West a distance of 71.77 feet; thence South
13 Degrees 11 Minutes 07 Seconds West a distance of 70.00 feet to the westerly boundary of
said Lot 18; thence along the westerly boundary of said lot North 34 Degrees 21 Minutes 53
Seconds West a distance of 120.00 feet; thence North 81 Degrees 14 Minutes 09 Seconds West
a distance of 204.53 feet to the point of beginning.
The undersigned. understands that the within offer can only by accepted by resolution of the
City Council of the City of Saratoga, and recordation of this instrument shall not and will not
constitute acceptance of the within offer to dedicate. this offer shall be irrevocable and shall be
binding upon our heirs, personal representatives, successors and assign. the plural as used
herein shall include the singular, and the singular shall include the plural.
Executed this .../~' day of e./oTd~tn,~/~,r-t995.
!
1
The Thomas E. Burke & Hope F. Burke
I q~5 mrn~t
PAGB 4
pol i pn :O037
STATE OF CALIFORNIA )
) sso
COUNTY OF SANTA CLARA )
On the 14th day of September, 1995, before me, Grace E.
Cory, Deputy City Clerk, personally appeared T. E. Burke,
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed
the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon
behalf of which the person acted executed the instrument.
Witness my hand and official seal of the, City of Saratoga.
· ,
, , J "0 ..... -
~' ~ N29' ~t5" 2S "W .' """ /
:"' ,.77. 00' " "
, .r.,d,,L,.,' SCENIC EASEMENT'~,='''''
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Naa' Og' 55 "W... l_q2.
/'.!, .........~o,o,.~..~ .4,~.~. %/
"""-.S 13' I1 '07"W
70.00'
21.36'..
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e
z6. o,~'
R=181.66'
, ~ e-d_~N~ L=ZO.
WESTFALL ENGINEERS, INC.
s~ro~ C~tZFoRNZ~ EXHIBIT "D "
LOT I8, TRACT 776I