HomeMy WebLinkAboutCity Council Resolution 95-57 RECORDIN~ REQUESTED BY,
~ ~EN RECORDED ~IL TO:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
RESOLUTION NO. 95- 57
RESOLUTION OF SUMMARY VACATION
OF EXCESS STREET RIGHT-OF-WAY
(FRUITVALE AVENUE)
Affecting a portion of APN 397-36-008 (19495 Riesling Court)
RECITAL8
WHEREAS, an Offer of Dedication of real property along Fruitvale
Avenue for public street right-of-way purposes appears on the Map
of Tract No. 5011 recorded in Book 339 of Maps at Pages 44 and 45
in the Office of the County Recorder for Santa Clara County on May
9, 1974; and
WHEREAS, Resolution No. 36-B-15 was adopted by the City Council of
the City of Saratoga on June 2, 1976; and
WHEREAS, said Resolution rescinded all previously rejected Offers
of Dedication shown on said Map of Tract No. 5011, and accepted
said Offers of Dedication on behalf of the public; and
WHEREAS, application has been made to the City of Saratoga by the
owner of the property generally known as 19495 Riesling Court, (APN
397-36-008), a.k.a. Lot 21 of Tract No. 5011, for summary vacation
of a portion of street right-of-way along Fruitvale Avenue adjacent
to said property and more particularly described in Exhibit "A"
attached hereto; and
WHEREAS, Streets & Highways Code Section 8334 st. seq. authorizes
the summary vacation of excess street right-of-way not required for
street purposes; and
WHEREAS, the Director of Public Works for the City of Saratoga has
determined that the said portion of street right-of-way along
Fruitvale Avenue is in fact excess right-of-way not required for
street purposes.
NOW, THEREFORE, the City Council of the City of Saratoga resolves
as follows:
1. The portion of street right-of-way along Fruitvale Avenue
more particularly described in Exhibit "A" attached hereto is
declared as excess right-of-way not required for street purposes,
and is hereby summarily vacated.
2. This summary vacation of excess street right-of-way along
Fruitvale Avenue is made pursuant to Section 8334 (Chapter 4 of
Part 3 of Division 9) of the Streets & Highways Code.
3. From and after the date that this Resolution of Summary
Vacation is recorded in the Office of the Santa Clara County
Recorder, said excess street right-of-way vacated by this
Resolution shall no longer constitute right-of-way for public
street purposes.
4. The City Clerk is authorized and directed to record a copy
of this Resolution in the Office of the Santa Clara County Recorder
upon:
a) Certification from the Director of Public Works that the
public improvements shown on that certain set of plans entitled
"Plan for the Improvement of Fruitvale Avenue from Farwell Avenue
to Burgundy Way" prepared by Jennings-McDermott-Heiss, Inc., (Job
No. 3355), as amended by the City Department of Public Works, and
which are on file in the Office of the Director of Public Works for
the City of Saratoga, have been satisfactorily completed by the
owner of the property known as 19495 Riesling Court, and
b) Execution of a Landscape Maintenance Agreement by the owner
of the property known as 19495 Riesling Court stipulating the
property owner's consent to provide for the long term care and
maintenance of the landscaping improvements to be installed along
Fruitvale Avenue as shown in the above referenced improvement
plans, said Agreement to be recorded with this Resolution and to
become part of the title to said property.
PASSED and ADOPTED by the City Council of the City of Saratoga at
a regular meeting held on the 20th day of December ,
1995, by the following vote:
AYES: Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jaccbs
NOES: None
ABSENT: Non e
ABSTAIN: None
Mayor
Attest:j~
Deputy City Cl~r~