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HomeMy WebLinkAboutCity Council Resolution 96-23 P33 z PIGE05?5 DOCUMENT: 13294771 Titles 1 / Pages: 4 : , Taxes. City Clerk ,e013:2947711 Copies City of Saratoga ANT PAID Civic Center, 13777 FmitvaleAvenue BRENDA DAVIS RDE I~ 003 Saratoga, CA 95070 SANTA CLARA COUNTY RECORDER 5/15/1996 Recorded at the request of 4:38 PM City AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION 96- 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ABANDONING OFFER OF DEDICATION OF EASEMENTS FOR EMERGENCY ACCESS ROAD ON LOTS 5 AND 6 OF TRACT 5384 :\~ oc "....:~hg Address: 18532/18500 Aquino Way L~:: Saratoga, CA 95070 r "=~; {:.,:]::;:UWHE}EAS, an offer oE ded~cztion W~LS made on M:ay 22, 1 ~76, oE an ~ ~! .. ,,, , ,, i::::::::::~ easement ~or emergency access road purposes, to the City of Saratoga ("Cky'), over f ~,.,!!~,,,Ic.r.';,WHEREAS, the City has not previously accepLed the aEorementioned 'g =' :'. ..'!L.t,,.easernent offered ~or dedication; and li, ....... 'L',,','J~ ":; .....%"' ;~ ....WHEIEAS, CaliEornia Government Code Section 66477.2(c) states th&t ........... ',::.:::.i ,'Eioffers oE dedication which bare not been accepted may be terminated and abandoned in the same manner as presc~bed for the summa~/vacation oE streets by Chapter 4 Parc 3 (cornrn~ndn~ wit:h Section 8330) o~ Division 9 o~ the California Streets and .IP33 P SEE0576 Highways Code; and WHEREAS, the current owner of Lot 5 (who is in escrow to purchase Lot 6) has requested the City to vacate the offer of dedication of the a_foresaid easement; and WHEREAS, the easement was originally offered for dedication for the benefit of the Central Fire Protection District, which agency has stated the easement is no longer necessary; and WHEREAS, the City has therefore determined that the easement as originally offered for dedication is not required for the purpose of such easement. NOW, THEREFORE, BE IT RESOLVED by the City Courtall of the City of Saratoga as follows: 1. That easement which was offered for dedication on Lots 5 and 6 of Tract 5394 by an offer of dedication recorded on June 10, 1974, in Book 936, Page 434 of the records of the Recorder of the County of Santa Clara, is hereby vacated as no longer being necessary 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 easement on Lots 5 and 6 of Tract 5384 shall no longer constitute an easement offered for dedication. 2. 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 first day of May , 1996 by the following vote: Ayes: Counci lmembers Burger, Moran, Tucker, Wolfe and Mayor 3acobs NOES: None ABSEINHE: None 2 P332PnGE05'7'7 ATTEST: .f:~'f~.'~, 'C,~: .... City Clerk April 25, 1996 J:\WpD~VINRSW~273~RES96%ACCES£-W61 P3"32P, GE0578 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On this 1st day of May, 1996, before me, the undersigned Deputy City Clerk, personally appeared Paul Jacobs, 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 he executed the same in his authorized capacity; and that by his 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.