HomeMy WebLinkAboutCity Council Resolution 2222" ' TO SE SHARGED
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LIGHT AND
WHEREAS, CHARLES W. STEWART, JESSIE H. STEWART, BARLOW E.
DUNBAR and ROSSUNA B. DUNBAR, executed an OwneFs Certificate dedicating to
public use an easement for light and air under, on and over that certain strip of ]and
lying between the lines of Baranga Lane and the lines designated "building line" or
"B/L" as identified, described and delineated on Lot 7 of that final Subdivision Map for
Tract Number 1206 recorded and filed in Book 46 of Maps at Page 8 in the Office of
the County Recorder of the County of Santa Clara, State of California, on September
23, 1953, (hereinafter referred to as the "Final Map"); and
WHEREAS, the subject easement for light and air has never been accepted
for or by the public; and
WHEREAS, California Government Code Section 66477.2(a) provides that
if, at the time a Final Map is approved, a dedicated street, path, alley, public utility
easement or similar item which directly benefits the residents of a subdivision is
rejected, the offer of dedication shall remain open, and the offeree may at a later
date rescind the rejection and accept the street, path, alley, public utility easement or
similar item; and
WHEREAS, California Government Code Section 66477.2(c) states that
offers of dedication which are covered in Government Code Section 66477.2(a) may be
terminated and abandoned in the same manner as described for the summary vacation
of streets by Part 3 (commencing with Section 831)0) of Division 9 of the Streets and
Highways Code; and
WHEREAS, EUGENE MEREDITH and FRANCES MEREDITH, the current
owners of Lot 7 as shown on the Final Map, have requested that the City vacate the
unaccepted easement for light and air identified, described and delineated on Lot 7 on
the Final Map inasmuch as the subject easement for light and air has not been
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continuously used as an easement for light and air for the five consecutive years
immediately preceding the ~ate of this resolution; and
WHEREAS, the City has determined that the subject easement as
identified, described and delineated on Lot 7 of the Final Map has not been used for
the purpose for which it was dedicated for five consecutive years immediately
preceding the date of this resolution.
NOW, THEREFORE, the City Council of the City of Saratoga resolves
that:
1. The easement for light and air dedicated to public use on Lot 7 on
that final Subdivision Map for Tract Number 1206 recorded and filed in Book 46 of
Maps at Page 8 in the Office of the County Recorder of the County of Santa Clara,
State of California, on September 23, 1953, 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 that this
resolution is recorded, said easement for light and air shall no longer constitute an
easement for light and air on said lot.
2. ALl other easements identified, described and delineated on the final
Subdivision Map for Tract Number 1206 recorded and filed in Book 46 of Maps at Page
8 in the Office of the County Recorder of the County of Santa Clara, State of
California on September 23, 1953, are not vacated by the City at this time.
3. The Saratoga City Clerk shall cause a certified copy of this
resolution, attested by the Clerk under seal, to be recorded without acknowledgment,
certificate of acknowledgment, or further proof in the Office of the Recorder of Santa
Clara County, California.
***
The foregoing resolution was passed and adopted at a regular meeting of
the City Council of the City Saratoga held on the 20~h day of I~arch ,
1985, by the following vote:
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AYES Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: Ncme
ATTEST: "('j MAYOR
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DEPIYrYCITy CLERK ' =. '..
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'~/ continuously used as an easement for light and air for the five consecutive years
immediately preceding the date of this resolution; and
WHEREAS, the City has determined that the subject easement as
identified, described and delineated on Lot 7 of the Final Map has not been used for
the purpose for which it was dedicated for five consecutive years immediately
preceding the date of this resolution.
NOW, THEREFORE, the City Council of the City of Saratoga resolves
that:
1. The easement for light and air dedicated to public use on Lot 7 on
that final Subdivision Map for Tract Number 1206 recorded and filed in Book 46 of
Maps at Page 8 in the Office of the County Recorder of the County of Santa Clara,
State of California, on September 23, 1953, 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 that this
resolution is recorded, said easement for light and air shall no longer constitute an
easement for light and air on said lot.
2. All other easements identified, described and delineated on the final
Subdivision Map for Tract Number 1206 recorded and filed in Book 46 of Maps at Page
8 in the Office of the County Recorder of the County of Santa Clara, State of
California on September 23, 1953, are not vacated by the City at this time.
3. The Saratoga City Clerk shall cause a certified copy of this
resolution, attested by the Clerk under seal, to be recorded without acknowledgment,
certificate of acknowledgment, or further proof in the Office of the Recorder of Santa
Clara County, California.
The foregoing resolution was passed and adopted at a regular meeting of
the City Council of the City Saratoga held on the 20Lh day of March
1985, by the following vote:
3/IS/S5
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AYES Councilmenkers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
ATTEST: ~j MAYOR
DEP~CITY CLERK . , ' ,, ·
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