Loading...
HomeMy WebLinkAboutCity Council Resolution 859 RESOLUTION NO. 859 RESOLUTION OF INTENTION TO ABANDON A PORTION OF MONTAUK DRIVE The City Council of the City of Saratoga hereby resolves as follows: Section 1: Pursuant to Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Saratoga hereby declares its intention tc order the vacation and abandonment of a portion of Montauk Drive, more par- ticularly described as follows: That certain portion of street known as Montauk Drive, located between Lots 4 and 5 and northwesterly of Taos Drive, as shown and delineated on that certain Map of Tract No. 5327 recorded on March 16, 1973 in Book 318 of Maps at Pages 38 and 39, Santa Clara County Official Records, and which portion of street is more particularly described on the attached Exhibit "A" and shown on the attached Exhibit "B". Reserving, however, from such vacation and abandonment, the exceptions described on said attached Exhibit "A" and shown on said attached Exhibit "B". Section 2: The 2nd day of August , 1978, at the hour of 8:00 o'clock p.m., at the CoUnCil Chambers of the City Council, City Hall, Fruitvale Avenue, Saratoga, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation and abandonment above set forth. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 5th day of July , 1978, by the following vote: AYES: Councilman Kraus, Corr, Callon, & Kalb NOES: None .// . ABSENT: Councilman Matteoni .~~"" ~ / /' ,"MA~OR /J[ ~// ATTEST: ~2 1 TY CLERK/ EXN/B I T " ' Beginning at the northwest corner of that certain tract entitled "Tract No. 5327, Lands of George Day" recorded in the 6ffice of the Santa Clara County Recorder on March 16, 1973, in Book 318 of Maps at Pages 38 and 39; thence from said point of beginning, running along the northerly boundary of said Tract No. 5327, North 89° 51' 50" East 213.31 feet to a point which is the beginning of a curve to the right, and having a radius of 410 feet; thence leaving said northerly boundary of Tract No. 5327 and runBing along said curve to the right, from a taBgent bearing South 58.44' 52" East, through a central angle of 11 14' 43" for an arc length of 80.47 feet to a point of tangency, this previous course is also the northeasterly line of Montauk Drive as shown on the easterly line k i u ~ 1 e ence leaving said northeasterly line of Montauk Drive South 43 24' 27" West 60.01 feet to a point on the southwesterly line of said Montauk Drive; thence running along said southwesterly line of Montauk Drive North 47° 30'-09" West 59.49 feet to the point of tangency with a curve to the left and having a radius of 350 feet; thence continuing along the south- westerly line of said Montauk Drive and said curve to the left through a central angle of 42° 35' 42" for an arc length of 260.20 feet to the northwest corner of said Tract No. 5327 and the point of beginning, containing 11,888 square feet, more or less. EXCEPTING THEREFROM, the following described parcel of land to remain clear and open for the purposes of Storm Drain Easement and Santa Clara Valley Water District Access Easement: Beginning at the northwest corner of that certain tract entitled "Tract No. 5327, Lands of George Day" recorded in the office of the Santa Clara County Recorder on March 16, 1973, in Book 318 of Maps at Pages 38 and 39; thence from said point of beginning, ~unning along the northerly boundary of said Tract No. 5327, North 89 51'50" East 204.26 feet; thence 1Saving said northerly boundary of Tract N8. 5327 and running South 47 30'09"oEast 146.83 feet; thence South 43 24'27" West 26.00 feet; thence North 47 30'09" West 59.81 feet to the point of tangency of a curve to the left and having a radius of 370 feet; t~ence running along' said curve to the left through a central angle of 17 26'03" for an arc. length of 112.58 feet; thence South 89°51'50'' West ~5.72 feet to ~ point on a curve to the lef~ whose tangent bears North 73 13'26" West and cente~ bears South 16 46'34" West; thence running along said curve eo the left through a central angle of 16 52'25" for an arc length of 103.08 feet to the northwest corner of said Tract No. 5327 and the point 6f beginning. Containing 6,264 square fee~ more or less. , , ~nO .,OHIvzz.:A/'T' OF/q L/i< E. J. Balzer 19764 Montauk Drive Saratoga, California 95070 RECEIVED MAY 1 B 1977 May 13, 1977 Nr. Donald R. Burr Assistant Planner CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 Dear Hr. Burr: Attached are two drawings of my property.and the property immediately adjacent to it. Drawing #~ attempts to depict the strip of ground which was originally designated to be a green belt, and also a bike path (Drawing ~ that leads to a small wooden bridge (Drawing During the past three years this green belt has never materialized and the result is an unmaintained strip of ground approximately 150~ x 18* that has become au eyesore for the city as well as the property owners. At my own expense, I have had this ground disced on several occasions and have personally ro~otilled it at least five times to keep the weeds down. I have also removed the trash that has accumulated from the Redwood school children and those people who use the playground for organized sports such as baseball and soccer. I would like to propose that a survey be performed by the City to establish the proper boundaries. It appears that the bike path was partially built on my property from Point A to Point B. If a portion of the bike path is on my property, the City of Saratoga should require George Day to remove it or have it removed. Further, if the City of Saratoga does not intend to landscape and maintain this strip of property between my boundary and the bike.path, or require George Day to landscape it, I would consider accepting it, by quitclaim for example, as part of my deed. I would assume the responsibility of improving and maintaining it. I would appreciate hearing from you. Sincerely yours, E. J. Balzer 137"Fj' FRUII~VALE AVENUE · S/~ATOGA. CALIFORNIA 95070 (408) AUo~ 10 tO: ~blic Wor~ Director DA~: ~t 10, 1977 ~: Pla~g Dir~tor PUBLIG WORKS DEPt. Cl~ OF SARATOGA susJEa: He~ ~tension ~doment ' Our Staff has reviewed this matter with the City Manager and the Director of Cormunity Services, both of which have no objections to the proposed right-of-way abandonment. It is our opinion, based on the 1974 General Plan, that the City abandon that portion of Montauk Drive right-of-way west of Taos Drive, allowing the ownership thereof to revert back to the respective land owners on either side. Attached is a memorandt~n from our Staff outlining, in detail, the basis for abandonment. Also attached is a memorandum from the Assistant Director of Public Works suMnarizing the prerequisites for such action. It is sug- gested' that the Public Works Department initiate abandonment proceedings subsequent to fulfillment of.those requirements listed. Planning Directrr~ ,. MVlI: RTL: ft ................... Attachuent ............................................................................ , ~"~ ~_, ~ Pacific Telephone ,/' - . ,,;,t· . ,' ///' District Manager San Jose, Calitornia 95128 ,,/ Plan, Engineefir~ Phone (408) 291-3747 eUe~ lC a_Tl WO ' ' ;', RKS DEPT. Octobe= 25, 1977 ' ,- OF. SARATOGA ' City of Saratoga Department of Public Wo=ks 13777 FruitVale/kverme SaratOga, CA 95020 \ Attention: Mr. Robert S. Shook Directo= of Public Works Gentle~e,n: This Ls in answe~ to you~ lette= of October 12, 1977 CRSS/dTtdsm). This Company has no objections to the abandonment of that portion of Montauk Drive, as shown and delineated upon the map and description attached. Said portion of Drive to be abandoned is not necessary, useful or occu~ pied by telephone facilities. If any further information is desired, please direct correspondence to the undersigned marked to the attention of R. M. Van Houte. Ve. rF truly yours, Attachments PACIFIC GAS AND EL~CTi=~IC COMPANY ~Tt~ + !11 ALMADEN BOULEVARD · SAN JOSE, CALIFORNIA 95198 * (408) 298'3333 APR City of Saratoga PUBLIC WORKS DEPT. 13777 Fruitvale Avenue CI~ OF SARA~GA Saratoga, California 95070 Attention: Hr. Robert S. Shook Proposed abandonment of that portion of Nontauk Drive westerly of Taos Drive; our file 641 Gentlemen: In response to your request, this company has no objections, and hereby consents, to the abandonment of that portion of Nontauk Drive at the subject location as shown in red on the attached copy of your drawing. As a condition of th~s consent, we request that our San Jose Division Land Department be supplied with a certified copy of the final resolu- tion of abandonment by the City. Should you have any questions concerning this abandonment, please contact Mr. Robert Hinson, of our Land Department, at the letterhead address, telephone extension 449. Thank you for this opportunity to be of service. Sincerely, District Hanager Attachment , 374 West Santa Clara Street /VOL/ San Jose, California October ~, ~77 Mr. Robert S. Shook Director of Public Works City of Saratoga 13777 Fruitvale AVenue Saratoga, CA 95070 Reference: Proposed Abandonment of a Portion of Montauk Drive in Tract No. 5323 Dear Bob: Reference is made to your letter of October 12, 1977 conceding the proposed abandonment of the most wester- ly portion of Montauk Drive in Tract No. 5323. Please be advised that San Jose Water Works has no objections to the abandonment and hereby gives its consent. Ve y~truly yours, '- GEORGE SPZTZ Planning Supv. _ ..... ' GS ~ds · anta Clara Valley Water District ,,, 5750 ALMADEN EXPRESSWAY , SAN JOS'E, CALIFORNIA 9511.8 1ELEPHONE (408) 265-2600 October 31, 1977 NOV" 1 1977 Mr. Robert S. Shook ' Director of Public Works PUBLIC WORKS DEPT. City of Saratoga C~T¥ OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 Dear ROb: This is in reply to your letter of October 12, 1977 regarding the most westerly portion of Montauk Drive shown on Tract 5323. - The District has very limited access to Wildcat Creek for maintenance purposes. We would like to use a portion of Montauk Drive for access and therefore request that the District be granted a 20 foot ingress/ egress right of way over this portion of Montauk Drive, if it is to be abandoned. We would prefer the right of way be transferred in fee title, however, an ease- ment would be satisfactory as long as it could be fenced off from adjacent properties. Please contact Mr. Don Lawtie of our Real Estate ~ivi- sion regarding this matter if you plan to abandon this portion of Montauk Drive. ' ~ ~ry tr,~~rs.~._ -. . W. F. Carlsen - Division Engineer Design Coordination Division · AN AFFIRMATIVE ACTION EMPLOYER (. COUNTY SANITATION DISTRICT NO. 4 CtlY Ol CAM['L3L~.L ]OWN OF LOS OF SANTA CLARA COUNTY -~,~o~,o,~ CiTY OF SAN JOSE 100 East Sunnyoaks Avenue ~~~~~ cJy oF S~T~ CL~ Campbell. California 95008 cnY OF SA~T~ Telephone 378-2407 U~INCO~PORATED PUBLIC WORKS D~p~. Nove~ec 18, 1977 CI~ OF SARATOGA City of Saratoga . 13777 Fruitvale Avenue Saratoga, CA 95070 Attention Robert S. Shook, Director of Public Works RE Abandonment of Portion of Montauk Drive Gentlemen Sanitation District No. 4 does not now have, nor does it anticipate any future need for sanitary sewers within the portion of Montauk Drive proposed to be abandoned. Very truly yours Stephen H. Goodman ~ger an~/ ----. By Howard T. Garratt Assistant Civil Engineer HTG/pm