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HomeMy WebLinkAboutCity Council Resolution 2101 RESOLUTION NO. 2101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED STORM DRAINAGE EASEMENT WHEREAS, Longmeadow Development Corporation, a California corporation (hereinafter referred to as "Longmeadow"), executed an owner's certificate dedicating to public use a storm drainage easement on certain parcels of real property as identified and delineated on that parcel map recorded and filed in Book 508 of Maps at pages 2 and 3, in the office of the County Recorder of the County of Santa Clara, State of California, on January 11, 1983; and WHEREAS, the City Council of the City of Saratoga rejected said dedicated storm drainage easement by resolution dated January 5, 1983; and WHEREAS, California Government Code S66477.2(a) provides that if at the time a final map is approved and a dedicated storm drainage easement is rejected, the offer of dedication shall remain open and the City may at a later date rescind the rejection and accept the storm drainage easement; and WHEREAS, California Government Code §66477.2(e) states, "Offers of dedication which are covered in subdivision (a) may be terminated and abandoned in the same manner as described for the summary vacation of streets by Part 3 (commencing with ~8300) of Division 9 of the Streets and Highways Code; and WHEREAS, Longmeadow has requested that, due to the topography and vegetation on the aforementioned parcels of real property, the City vacate the rejected dedicated storm drainage easement, and Longmeadow has offered to dedicate a new storm drainage easement on the aforementioned parcels of property, said new storm drainage easement being identified in Exhibit "A" attached hereto and incorporated herein by reference; and -1- WHEREAS, the new storm drainage easement described in Exhibit "A" and offered for dedication by Longmeadow is acceptable to the City, and shall be recorded in the office of the County Recorder of the County of Santa Clara, State of California, at the same time as a certified copy of this resolution is recorded; NOW, THEREFORE, the City Council of the City of Saratoga resolves that the storm drainage easement dedicated to public use on that parcel map recorded and filed in Book 5D8 of Maps at pages 2 and 3 in the office of the County Recorder of the County of Santa Clara, State of California, on January 11, 1983, is hereby vacated pursuant to the authority of Chapter 4 (commencing at 98330) of Part 3 of Division 9 of the California Streets and Highways Code, and that from and after the date that this resolution is recorded, said storm drainage easement shall no longer constitute a storm drainage easement. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 2nd day of November 1983, by the following vote: AYES: Councilmemkers Callon, Clevenger, Fanelli, Mallory and Mayor Moyles NOES: None ABSENT: None M~r,9/the Ci -2- EXHIBIT "A" DESCRI2TION 10 FOOT SIDRM DRAINAGE FASEMENE F0R 7MAT CEI{EAIN PARCEL FILED IN BOOK 508 OF MAPS 2 & 3 All that certain real property situate in the City of Saratoga, CcFanty of Santa Clara, State of California, being a lO foot easement, the centerline of which being described as followS: fXI~MMlqCING at the r~rtheaaterly comer of Parcel "C" as said Parcel is slnown on that certain Parcel Ma~ filed in Book 508 of Mapa, pages 2 & 3, San~ Clara thence, alonS the northarly line of said Parcel "C" N 88' 05' 16" W, 40.00 feet; khence, leavinE said northerly line S 1° 54' 44" W, 36.00 feet to the True Point of BegLnnLng; thence, frc~ sa~d Tru~ Point of BegL~ning, N 84° 15' CO" W, 55.00 feet; thence, N 87° 00' 00" W, 113.96 feet to tha lot li~e between Parcel "C' and Parcel "B", ~td point bears S 12° 2~' 54" W, 29.23 feet from the northerly corner thereof; thence, continuh~ along ~atd centerline N 87~ 00' 00" W, 132.45 feet to the lot line between Parcel "~" and Parcel "A", said point bears S 1° 09' 31" Eo 16.71 feet from the northerly cDmer .thereof; thence, continuing alon~ said centerline N 87~ 00' 00" W0 126.85 feet to the easterly line of Douglass !_~_ne said point bears along said line S 6~ 15' 25" E, 5.62 feet fn3m the nort/xwesterly comer of said "Parcel "A" said easterly line being the terminus of said easement. JJ/cm .