Loading...
HomeMy WebLinkAboutCity Council Resolution 2102 RESOLUEION NO. 2102 RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF SARATOGA VACATING A DEDICATED EASEMENT AND RIGHT OF WAY FOR A PUBLIC CITY STREET WHEREAS, WOLFGANG C. NOEGGERATH (hereinafter referred to as "NOEGGERATH") executed an irrevocable offer to dedicate to the City of Saratoga an easement and right of way for a public city street upon a strip of land 40 feet wide, said easement and right of way, and that certain real property on which it is located (the "Subject Property") having been described in the Offer of Dedication as recorded on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for Santa Clara County, California; and WHEREAS, California Streets and Highways Code Section 1806 provides that no street or road shall become a city street or road unless and until the City Council, by resolution, has caused said street or road to be accepted into the city street system; and WHEREAS, the City Council of the City of Saratoga has never accepted the aforementioned offer by NOEGGERATH to dedicate an easement and right of way for a public city street into the Saratoga city street system; and WHEREAS, ROBERT J. ARALDI (heroinafter referred to as "ARALDr'), the current owner of the Subject Property, has executed an irrevocable offer to dedicate to the City of Saratoga an easement and right of way for a public emergency access road along the northly 25 feet of the Subject Property, as described in Document No. 7746958, as recorded on July 15, 1983 in Book H 721, at page 362, in the Office of the Recorder for Santa Clara County, California; and WHEREAS, it is the desire of the City of Saratoga to vacate the offer made by NOEGGERATH for dedication of a public street 4B feet in width and to preserve the offer made by ARALDI for dedication of a public emergency access road 25 feet in width, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. That the irrevocable offer made by NOEGGERATI{ to dedicate an easement and right of way for a public city street upon the Subject Property, as recorded on July H, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for Santa Clara County, California, is hereby vacated pursuant to the authority of Chapter 4 (commencing at Section 8330) of Part 3 of Division 9 of the California Streets and Highways Code, and that from and after the date on which this resolution is recorded, said offer of dedication shall no longer constitute an irrevocable offer to dedicate an easement and right of way for a public city street. 2. That the irrevocable offer made by ARALDI to dedicate an easement and right of way for a public emergency access road, as described in Document No. 7746958, as recorded on July 15, 1983, in Book H 721, at Page 362, in the Office of the Recorder for Santa Clara County, California, shall remain in full force and effect; provided, however, nothing heroin shall be deemed to constitute an acceptance of such offer by the City of Saratoga. -1- RESOLUT ION NO. 2102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED EASEMENT AND RIGHT OF WAY FOR A PUBLIC CITY STREET WHEREAS, WOLFGANG C. NOEGGERATH (hereinafter referred to as "NOEGGERATH") executed an irrevocable offer to dedicate to the City of Saratoga an easement and right of way for a public city street upon a strip of land 40 feet wide, said easement and right of way, and that certain real property on which it is located (the "Subject Property") having been described in the Offer of Dedication as recorded on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for Santa Clara County, California; and WHEREAS, California Streets and Highways Code Section 1806 provides that no street or road shall become a city street or road unless and until the City Council, by resolution, has caused said street or road to be accepted into the city street system; and WHEREAS, the City Council of the City of Saratoga has never accepted the aforementioned offer by NOEGGERATH to dedicate an easement and right of way for a public city street into the Saratoga city street system; and WHEREAS, ROBERT J. ARALDI (hereinafter referred to as "ARALDr'), the current owner of the Subject Property, has executed an irrevocable offer to dedicate to the City of Saratoga an easement and right of way for a public emergency access road along the northly 25 feet of the Subject Property, as described in Document No. 7746958, as recorded on July 15, 1983 in Book H 721, at page 362, in the Office of the Recorder for Santa Clara County, California; and WHEREAS, it is the desire of the City of Saratoga to vacate the offer made by NOEGGERATH for dedication of a public street 40 feet in width and to preserve the offer made by ARALDI for dedication of a public emergency access road 25 feet in width, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. That the irrevocable offer made by NOEGGERATF/to dedicate an easement and right of way for a public city street upon the Subject Property, as recorded on July 11, 1960 in Book 4850, at Pages 434 and 435, in the Office of the Recorder for Santa Clara County, California, is hereby vacated pursuant to the authority of Chapter 4 (commencing at Section 8330) of Part 3 of Division 9 of the California Streets and Highways Code, and that from and after the date on which this resolution is recorded, said offer of dedication shall no longer constitute an irrevocable offer to dedicate an easement and right of way for a public city street. 2. That the irrevocable offer made by ARALDI to dedicate an easement and right of way for a public emergency access road, as described in Document No. 7746958, as recorded on July 15, 1983, in Book H 721, at Page 362, in the Office of the Recorder for Santa Clara County, California, shall remain in full force and effect; provided, however, nothing herein shall be deemed to constitute an acceptance of such offer by the City of Saratoga. -1- The above and foregoing resolution was passed and adopted at a regular meeting of the City Council, the City of Saratoga held on the 2nd day of November ., 1983, by the following vote: AYES: Councils Callon, Clevenger, Fanelli, Mallory and Mayor Moyles NOES: None ABSENT: None M~OF THh' SARATOGA ATTEST: -2- 7898546 1 098 445 FILED F'(.'tf( OFFiCiaL RECORDS ~ESO~UTION O~ ~H~ CIT~ COUNCI~ O~ TH~ CIT~ O~ SArAtOGA VACATING A D~DICAT~D STO~ D~AINAG~ WHS~SAS. ~oB~esdow Deve]oDment Corporstion~ 8 Calitorni8 corporation (hereinafter referred to s "Longmeadowe')~ executed 8D ownerIs certificate dedicating to public use a storm drainage e~ement on certain parcels of re~ property s 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 S~ta Cl~a, State of C~ifornia, on J~uary U, 1983; and WHEREAS, the City Council of the City of Sarat~a 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 S66477.2(c) ~tates, "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-