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HomeMy WebLinkAboutCity Council Resolution 919 """,,,,,,,, RESOLUTION NO. 919 RESOLUTION ORDERING VACATION AND ABANDONHENT OF' A FUTURE STREET EASEMENT - LOTS 8 and 9, TRACT NO. 5319 The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Pursuant to Chapter 2 of Part 3 of Division 9 of the Streets and Highways Code of the State of California and pursuant to Resolution No. 918 heretofore passed and adopted by the City Council of the City of Saratoga on the 3rd day of October, 1979, hearing was held on this Council's proposal to vacate and abandon the hereinafter described thirty eight (38) foot future street easement, which hearing was held on the 17th day of October, 1979, at the hour of 8:00 o'clock p.m., of said day, at the Council Chambers of the City Council, City Hall, Fruitvale Avenue, Saratoga, California, and the City Council makes the following findings, conclusions and order as hereinafter set forth; Section 2: The City Council finds, from the evidence submitted that the hereinafter described thirty eight (38) foot future street easement is unnecessary for present or prospective street purposes, and the City Council further finds that at least ten (10) days prior to the aforesaid hearing said portion of said street was duly and regularly posted with not less than three (3) copies of notice of said street vacation and of said hearing which notices were not posted more than 300 feet apart; NOW, THEREFORE, the City Council makes the following order: Section 3: The City Council of the City of Saratoga hereby orders and declares that the following described thirty eight (38) foot future street easement to wit: That certain thirty eight (38) foot Future Street Easement located on Lots 8 and 9, as shown and delineated on that certain Map of Tract No. 5319 recorded on February 28, 1973 in Book 317 of Maps at Pages 34 and 35, Santa Clara County Records, and which 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". Be and the same is hereby vacated and abandoned. 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 17th day of October , 1979, by the following vote: AYES: Councilmen Kalb, MoUeonl, Callon, Kraus & Có\t ABSENT: Nong / I' . / I ,I' ~. Iii ;1'1 it <;1 8 ~.~t::'~{ll'{1 · I NOES: Nðm:i ATTEST(:)\ rl\() ~C~~JR~· ",,--. £XI-I/BIT :4." Parcel 1 Beginning at the point of intersection of the easterly right-of-way line of Shadow Oaks Way with the southerly line of Tract No. 5319, which map for said Tract No. 5319 was recorded on February 28, 1973 in Book 317 of Maps at Pages 34 and 35, Santa Clara County Records. Said southerly line of Tract No, 5319 is also the southerly line of Lot 8 of said Tract. thence from said point of beginning running northwesterly along the east- erly right-of-way of Shadmr Oaks I~ay, along a 170 foot radius curve to the left, from a tangent that bears North DO 45' 55" West, through a central angle of 17° 18' 50" for an arc length of 51.37 feet to the point of tan- gency with a 165 foot radius reversed curve to the right; thence, running northerly along said curve to the right through a central angle of 0° 36' 12" for an arc length of 1.74 feet to the point of tangency with a 20-foot radius curve to the left, from which a tangent bears South 17° 28' 33n East; thence leavin'-:: said easterly right-of-way line of Shadow Oaks í'lay and running southeasterly along said curve to the left through a central angle of 73° 30' 01" for an arc length of 25.66 feet to a point of tangency; thence running along a line from said point of tangency North 89° 01' 26" East 69.03 feet to a point on the southeasterly line of Tract No. 5319 and the southeasterly line of Lot 8; thence running along said southeasterly line south 42° 49' 59" West 52.66 feet to the aforementioned southerly line of Tract No. 5319 and Lot 8; thence running along said southerly line South 89° 01' 26" West 43.73 feet to the point of beginning, Excepting thereof from the above described parcel of land; the southerly 3. feet, which is to be retained as an easement for Santa Clara Valley Water District; and the westerly 10 feet, which is to be retained as a Public utility Easement. - Parcel 2 , Beginning at the point of intersection of the westerly right-of-way line of Shadow Oaks Way with the southerly line of Tract No. 5319, which map for said Tract No. 5319 was recorded on February 28, 1973 in Book 317 of Maps at Pages 34 and 35, Santa Clara County Records, Said southerly line of Tract No. 5319 is also the southerly line of Lot 9 of said Tract. Thence from said point of beginning running South 89° 01' 26" West 42.47 feet along said southerly line of Tract No. 5319 and Lot 9 to the south- westerly line of said Tract No. 5319 and Lot 9; thence running along said southwesterly line North 51° 03' 22" West 59.22 feet; thence, leaving said southwesterly line and running North 890 01' 26" East 56.87 feet to the tangent point of a 20-foot radius curve to the left; thence running along said curve to the left, through a central angle of 1000 32' 15" for an arc length of 35.09 feet to a point of tangency with 205 foot radius curve to the left from which a tangent bears South 11° 3D' 49" East, said point also is on the previously described westerly line of Shadow Oaks ¡'lay; thence running southeasterly along said curve to the left, and westerly right-of-way line of Shadow Oaks Way, through a central angle of 6° 33' 56" for an arc length of 23.49 feet to the point of tangency with a re- versed 130 foot radius reversed curve to the right; thence continuinq southerly along the westerly right-of-way line of said Shadow Oaks ¡'¡ay and curve to Lhø right through a central angle of 170 22' 43" for an arc length of 39.43 feet to the southerly line of said Tract No. 5319 and point of beginning. Excepting thereof from the above described parcel of land; the easterly 10 feet and the southwesterly 10 feet., which is to be retained as a Public Utility Easement, EXH/B 'T /l3'/ . !I!II!!!~!I"III' PROPOoS'éD ABANÐoNMéNr OF A 38 FooT ¡t::'t/Tt/F?£ ðTRE £ r EASEMeNT --TRAcr N~ 53/9 ~ .....,--¡., 't ,....., -,.. . , ", . , . -t' "..... , , , "y I .... , :3' $4nla clara Va/ley J'Voler O/sf,..ic-f \. éasernenl-ftllkM4Ú,.:: .. ..., " .-' I ... '. ". ... .. ...... -........... :"'" , ' "''01lIo ..I ~:~, .. --- · J ............ , . · · . "'.......1 ,It /#... .:-. '., .. i' .... : :", J : -..: ....., . .. -.,-. 1110' ....4' , ,.' /2' ,-T- 'I . ;"iÞ1 · I :'""...., .... · ... T " -;; ,',~ "'....1 ¿. ... f- ....., " ,... , ....14;1t-,. ,1;:; 1 38' :.-.-.-._-,.----.- .sCALE: /".50' I l4-~",,\ p:=s'. v-- ... I