HomeMy WebLinkAboutCity Council Resolution 22-028, Vacating Storm Drainage Easement-18890 Afton AveRECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
25353512
Regina Alcomendras
Santa Clara County - Clerk -Recorder
08/04/2022 12:06 PM
Titles: 1 Pages: 4
Fees: 10.00
0.00
Taxes: 0
Total:
■III KIFIfI4,M11AWIl +AANJ i, IM V OLM116AAA 11 II 1
RESOLUTION NO.22-028
THISSPACE
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 61h day of July 2022 by the following vote:
AYES: COUNCIL MEMBERS BERNALD, KUMAR, ZHAO, VICE MAYOR
FITZSIMMONS, MAYOR WALIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
vrit, 1vIM , pity Clerk
r
Tina Walia, Mayor
Resolution 22-028
Page 3
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 60'13'30" West, 84.11 feet;
2. Thence North 29°46'30" 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
Tracy L. Giorgetti, LS 8720 p LAtvo
13
* No. 8720
Exp. 6/30/22
�qTF OF CA��F�/
628800LD01.docx
1570 Oakland Road I San Jose. California 95131 1 (408) 487-2200 1 (408) 487-2222 Fax I www.HMHca.com
r�.arc:�.YeE�1
30, /
3p.
0 20 40
/ 1 IN. = 40 FT.
PAV
v
18890 AFTON AVENUE
LOT 7 \
BLOCK 9
TRACT 748
30-M-2
N 29'46' 30"E
10.00'
o
S6o,3300.
ST K�
8g
LANDPOB
L
* No. 8720 y85.
S29'46'30"W
10.00'
Exp. 6/30
LEGEND
�9
T
F
OF \�
ry
POB
POINT OF BEGINNING
to
PUBLIC UTILITY EASEMENT
TO BE ABANDONED
PAGE 2 OF 2
DATE: 2022-06-01,
1570 OAKLAND ROAD (408) 487-2200
SANJOSE, CA 95131 HMHCA.COM
EXHIBIT "A"
TO ACCOMPANY DESCRIPTION:
PUBLIC UTILITY EASEMENT ABANDONMENT
SARATOGA CALIFORNIA
DESIGNED: -
DRAW DAW
cwECKED: Kt -PLAT
PROD. ENGR.: —
628800PLO1