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HomeMy WebLinkAboutCity Council Resolution 22-028, Vacating Storm Drainage Easement-18890 Afton Ave-recordedRECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga CA 95070 25347784 Regina Alcomendras Santa Clara County - Clerk -Recorder 07/28/2022 03:17 PM Titles: 1 Pages: 2 Fees:0.00 Taxes: 0 Total: 10.00 1111 RIFAMOM NMI 1t1Mh1,JA1WJ JJ �1 14 11II 1 RESOLUTION NO.22-028 THIS SPACE FOR RECORDER'S USE Record without fee pursuant to Government Code Section 27383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A PUBLIC SERVICE EASEMENT WHEREAS, a 10-foot public utility easement (PUE) exists on the real property commonly known as 18890 Afton Avenue, Saratoga, California or Lot 7, Block 9, Tract No. 748, San Tomas Orchards, Tract Map filed on July 24, 1950, Map Book 30, Page 2, Santa Clara County Records, ("the Property"); and WHEREAS, a PUE on the Property was established by Tract Map No. 748 for the installation and maintenance of public utilities (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, all local utility providers have confirmed that no 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; and 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; and Resolution 22-028 Page 2 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 and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of July 2022 by the following vote: AYES: COUNCIL MEMBERS BERNALD, KUMAR, ZHAO, VICE MAYOR FITZSIMMONS, MAYOR WALIA NOES: NONE ABSENT: NONE a ABSTAIN: NONE ` Tina Walia, Mayor ATTEST: Britt Avrit, MMC, City Clerk June 1, 2022 HMH 6288.00.112 Page 1 of 2 EXHIBIT "A" PUBLIC UTILITY EASEMENT ABANDONMENT 18890 AFTON AVENUE SARATOGA, CALIFORNIA REAL PROPERTY in the City of Saratoga, County of Santa Clara, State of California, being all of the 10-foot wide Public Utility Easement on Lot 7, Block 9 as shown on that Map of Tract No. 748, San Tomas Orchards, filed for record on July 24, 1950, in Book 30 of Maps, page 2, Santa Clara County Records, described as follows: BEGINNING at the southerly corner of said Lot 7; Thence along the southwesterly line and northwesterly line of said Lot 7 the following two courses: 1. Thence North 60013'30" West, 84.11 feet; 2. Thence North 29046'30" East, 10.00 feet; Thence South 60'13'30" East, 84.11 feet to the southeasterly line of said Lot 7; Thence along said southeasterly line, South 29°46'30" West, 10.00 feet, to the POINT OF BEGINNING. Containing 841 square feet, more or less. As shown on the plat attached hereto and made a part hereof. END OF DESCRIPTION This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act. Date: 6 -(-22 628800LD01.docx 2�L- 2 Tracy L. Giorgetti, LS 8720 o l ANp G G' * No. 8720 Exp. 6/30/22 sgTF CF CAL\Fo��\e 1570 Oakland Road I San Jose, California 95131 1 (408) 487-2200 1 (408) 487-2222 Fax I www.HMHca.com 30. 30. \ 0 20 40 / 1 IN. = 40 FT. Av tip, F 18890 AFTON AVENUE LOT 7 \ BLOCK 9 TRACT 748 30-M-2 N 29'46'30"E 10.00'Az 07330 � ��a v16t, �607330 8g >> LAND POB * No. 8720 196 Exp. 6/30 9TF OF L\F X"ftv b S29'46'30"W 10.00' LEGEND POB POINT OF BEGINNING PUBLIC UTILITY EASEMENT TO BE ABANDONED PAGE 2 OF 2 DESIGNED: - EXHIBIT "A" DRAW DAW PLAT TO ACCOMPANY DESCRIPTION: CHECKED: RF PUBLIC UTILITY EASEMENT ABANDONMENT PROD. ENGR.: — 1570 OAKLAND ROAD (408) 487-2200 628800PLO1 SANJOSE, CA 95131 HMHCA.COM SARATOGA CALIFORNIA