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HomeMy WebLinkAboutCity Council Resolution 2195 Recording requested by and to be returned to: city 8249024 City of Saratoga SaratogaJ California 95070 RESOLUTION NO. 2195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED EASEMENT AND RIGHT OF WAY FOR A PUBLIC CITY STREET WHEREAS, DANNY RAY (hereinafter referred to as "RAY") executed an irrevocable offer to dedicate to the City of Saratoga,a right-of-way for a public city street upon a strip of land 20 feet wide, said 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 8, 1980 in Book 466 at Page 26, 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 RAY to dedicate an easement and right of way for a public city street into the Saratoga city street system; and WHEREAS, RALPH AND BEVERLEY ANDERSON (hereinafter referred to as "ANDERSON"), executed an irrevocable offer to dedicate a 10 ft. ingress and egress easement on the subject property, as described in Book D 546, Page 15, 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 RAY for dedication of a 20 ft. public street right of way and to preserve the offer made by ANDERSON for a 10 ft. ingress and egress easement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. That the irrevocable offer made by RAY to dedicate a right of way for a public city street upon the subject property, as recorded on July 8, 1980 in Book 446, at Page 26, 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, and said offer of dedication shall no longer constitute an irrevocable offer to dedicate a right of way for a public city street. 2. That the irrevocable offer made by ANDERSON to dedi- cate an easement for ingress and egress, as described 1 'JO3S 59Z in Book D 546, at Page 15, in the Office of the Re- corder for Santa Clara County, California, shall re- main in full force and effect; provided, however, nothing herein shall be deemed to constitute an acceptance of such offer by the City of Saratoga. 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 7th day of November , 1984, by the following vote: AYES: Councilmenbets Callon and Moyles and Mayor Pro Ten Hlava NOES: None ABSENT: Councilmember Clevenger and Mayo~ik~~ ~ ~ C%-kD ~ ATTEST: C I TY CLERK