HomeMy WebLinkAboutCity Council Resolution 21-065 - Vacating Storm Drain Easement - 13053 Ten Oakk WayRECORDING REQUESTED BY
City of Saratoga
WHEN RECORDED MAIL TO
City Clerk
City of Saratoga
13777 Fruitvale Avenue
25130395
Regina Alcomendras
Santa Clara County - Clerk -Recorder
10/13/2021 08:11 AM
Titles: 1 Pages: 4
Fees: 0.00
Taxes: 0
Total: 10.00
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Saratoga, CA 95070 1
SPACE ABOVE THIS LINE, IS FOR RECORDER'S USE
RESOLUTION NO. 21-065
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
VACATING A PUBLIC SERVICE EASEMENT
WHEREAS, a 10' x 20' public service easement for the purposes of storm drain and
sewer purposes exists on the real property commonly known as 13053 Ten Oak Way, Saratoga,
California or Lot 237, Tract No. 2965 Arroyo De Saratoga Unit No. 4, Tract Map filed on March
26, 1964, Map Book 175, Pages 54 and 55, Santa Clara County Records, APN 393-18-036, ("the
Property"); and
WHEREAS, a Storm Drainage (Sewer) Easement Dedication was recorded in Book 6419
at Page 349, on March 11, 1964, in Santa Clara County Official Records, for storm drain and
sewer purposes (hereinafter "Public Service Easement") in the location described in the attached
Exhibit "A"; and
WHEREAS, Public Works Staff inspected the Public Service Easement area and
determined that no storm drainage infrastructure exists within it and that the City has no plans for
installing storm drainage infrastructure in that location; and
WHEREAS, West Valley Sanitation District confirmed that no sanitary sewer facilities
exist within the easement and that they do not object to vacating the Public Service Easement;
and
WHEREAS, a public service easement may be summarily vacated pursuant to Streets and
Highways Code Section 8333 if the easement has not been used for five consecutive years
immediately preceding the proposed vacation or has been determined to be excess by the
easement holder, and there are no other public facilities located within the easement; and
WHEREAS, no other easement is vacated by this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby :
1) Declares the foregoing recitals are true and correct;
2) Finds that there are no public facilities located within the Public Service Easement,
the easement has not been used for at least five years preceding the date of this
resolution, and is not needed for storm drainage or sanitary sewer purposes;
3) Vacates the Public Service Easement pursuant to Streets and Highways Code section
8335; and
4) Declares that from and after the date of this resolution is recorded, the street, highway,
or public service easement vacated no longer constitutes a street, highway, or public
service easement.
The above Resolution was passed and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 1" day of September, 2021 by the following vote:
AYES: COUNCIL MEMBERS BERNALD, FITZSIMMONS, KUMAR, VICE MAYOR
WALIA, MAYOR ZHAO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
an Zhao, Mayor
City of Saratoga
ATTEST:
Britt Avrit, MMC, City Clerk Date
EXHIBIT "A"
10'x20' Storm Drainage (Sewer) Easement Vacation
13053 Ten Oak Way Saratoga, Ca 95070
Being that certain Storm Drainage (Sewer) Easement, as described in Dedication,
recorded in Book 6419 at Page 349, on March 11, 1964, in Santa Clara County Official
Records, also as shown as 10'x20' Sewer Easement over Lot 237 on Tract Map No.
2965 Arroyo De Saratoga Unit No. 4, filed for record in Book 175 of Maps at Page 54
and 55, Santa Clara County Records, and more particularly described as follows;
Beginning at the southwesterly corner of the said Storm Drainage Easement, said point
being the southwesterly corner of said lot 237;
Thence, along the westerly boundary of said Storm Drainage Easement, North 0°07'58"
West,10.00 feet, to the northwesterly corner of said Storm Drainage Easement;
Thence, along the northerly boundary of said Storm Drainage Easement, North
89156'12" East, 20.00 feet, to the northeasterly corner of said Storm Drainage
Easement;
Thence, along the easterly boundary of said Storm Drainage Easement, South 0007'58"
East, 10.00 feet, to the southeasterly corner of said Storm Drainage easement, said
point being on the southerly boundary of said lot 237;
Thence, along the southerly boundary of said Storm Drainage Easement, South
89156'12" West, 20.00 feet to the Point of Beginning.
Containing 200 square feet, more or less.
Basis of Bearing for this description is based on that certain grant deed recorded in Book
6419 of Official Records at Page 349, Santa Clara County Records.
This description was prepared under my direct supervision in December, 2020 at the
request of Elliot a Division of Nationwide Property & Appraisal Services LLC.
Adam S. Rivera PLS 8451
My license Expires 12/31/22
Page 1 of 2
Date
�Q
No. LS 8451
Copyright 02005 Hogan Land Services, Inc. This drawing is in instrument of service and is the sole property of Hogan
Land Services, Inc. Any use of this drawing without written consent by Hogan Land Services, Inc. is prohibited.
LEGEND
RECORD BOUNDARY LINE BOOK 175 OF MAPS - RECORD CENTERLINE
PAGE 55 SANTA CLARA COUNTY RECORDS
FOUND 1" IRON PIPE W/PIN
RECORD EASEMENT LINE BOOK 175 OF MAPS OO
PAGE 55 SANTA CLARA COUNTY RECORDS IN MONUMENT WELL
RECORD ADJOINING BOUNDARY LINE BOOK 175 lelq
EASEMENT TO BE
OF MAPS PAGE 55 SANTA CLARA COUNTY RECORDS
A88RE4477ONS VACATED _
A.E ANCHOR EASEMENT
W.C.E WIRE CLEARANCE EASEMENT
P.U.E PUBLIC UTILITY EASEMENT
P.O.B. POINT OF BEGINNING I LAND
DN:1!
5' W.C.E. APN:
FII I (175 M 54)
10' P.U.E. Ll
(175 M 54) S89'52'02"W
120.00'
3
OF HUANG I 100 Lo
46237 O.R. I i• od
33-18-035
0LO
LANDS OF SAN JOSE 13053 TEN OAK WAY
WATER WORKS I LANDS OF SARANGI AND
DN:0000935440 O.R. BANSAL
APN:393-17-002 DN:23067877 O.R.
I APN: 393-18-036
N
N89'56'12"E 20.00'
TO BE VACATED
10'X20' STORM DRAINAGE
(SEWER) EASEMENT
(6419 OR 349)
AREA:200 S.F.
10' SEWER EASEMENT
6419 OR 348)
P.O.B.
5' W.C.E.
(175 M 54)
LANDS OF WHITNEY
I
I
I
I
10.00'
120.00'
�_SO'03'48"E
2.00'
2'X30' A.E.
(175 M 54)
O'07'58"E
DN:23387325 O.R. I
APN:393-15-002
GRAPHIC SCALE
O30 0 30
( IN FEET )
1 inch = 30 ft.
LANDS OF PERUVEMBA rNo.
SAND KANNANDN: 22172201 O.R.
APN:393-15-001 —' v LS 8451,
25'
0
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I
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HOGAN LAND SERVICES
EXHIBIT "A"
1 O' x 20' STORM DRAINAGE (SEWER)
PREPARED BY; SSM
REVISED BY: ASR
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05-20-21
260141ST AVENUE SUITE A, SOOUEL. CA95073
EASEMENT VACATION
N
JOB NO. 4762
Tel (831 1 425-1617 Faz(831) 4250224 WWW.HOGANLS.COM