HomeMy WebLinkAboutCity Council Resolution 2284 RESOLUTION NO. 2284
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA VACATING DEDICATED PUBLIC SERVICE
EASEMENTS, SANITARY SEWER EASEMENTS, AND INGRESS
AND EGRESS EASEMENTS
WHEREAS. MARIE ROSE GASPAR (heroinafter referred to as "GASPAR").
executed an Owner's Certificate dedicating to public use certain Public Service
Easements (PSE). Sanitary Sewer Easements (SSE). and Ingress and Egress Easements
(IEE). as identified. described and delineated on Lots 3, 4 and 5 of that Final
Subdivision Map for Tract No. 5928 recorded and filed in Book 442 of Maps at pages 29
and 30 in the Office of' the County Recorder of the County of Santa Clara, State of
California, on May 30, 1979 (heroinafter referred to as the "Final Map"); and
WHEREAS, the City Council of the City of Saratoga rejected said Public
Service Easements (PSE), Sanitary Sewer Easements (SSE), and Ingress and Egress
Easements (IEE), by Resolution No. 1257-1 dated September 21, 1979; 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 City 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 Secton 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 8300) of Division 9 of the Streets and
Highways Code; and
WHEREAS, GASPAR has requested that the City vacate portions of the
rejected Public Service Easements (PSE), Sanitary Sewer Easements (SSE), and Ingress
and Egress Easements (fEE) identified, described and delineated on Lots 3.4 and 5 on
the Final Map inasmuch as the referenced portions of the subject easements have not
been continuously used as Public Service Easements (PSE), Sanitary Sewer Easements
(SSE), and Ingress and Egress Easements (tEE) for the five consecutive years
immediately preceding the request for this proposed vacation; and
WHEREAS, the City has determined that the portions of the subject
easeinents which GASPAR has requested to be vacated have not been used for the
purposes for which said easements were dedicated for five consecutive years
im meallately preceding the date of this Resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
RESOLVES THAT:
1. Except as indicated in Paragraph 2 below, the Public Service
Easements (PSE), Sanitary Sewer Easements (SSE), and Ingress and Egress Easements
(lEE) dedicated to public use on Lots 3.4 'and 5 on that Final Subdivision Map for Tract
No. 5928 recorded and filed in Book 442 of Maps at pages 29 and 30 in the Office of
the County Recorder of the County of Santa Clara. State of California. on May 30,
1979, are hereby vacated pursuant to the authority of Chapter 4 (commencing at
Section 833D) 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 Public Service
Easements (PSE), Sanitary Sewer Easements (SSE), and Ingress and Egress Easements
(IEE) shall no longer constitute Public Service Easements (PSE), Ssnitary Sewer
Easements (SSE), and Ingress and Egress Easements (IEE).
2. The following easements shall be excepted from the vacation as
provided in Paragraph 1 above, and such easements are not vacated by the City at this
time:
(a) That ten (10) foot Public Service Easement (PSE) described and
delineated along the westerly portion of Lot 5 as shown on the
Final Map; and
(b) That certain Sanitary Sewer Easement (SSE) described and
delineated along the easterly boundary of Lot 5 as shown on the
Final Map; and
(c) That ten (10) foot Sanitary Sewer Easement (SSE) described and
delineated along the westerly boundary of Lot 3 as shown on the
Final Map.
3. Except for the easements expressly vacated pursuant to the
descriptions contained in Paragraphs 1 and 2 above, all other easements identified,
described and delineated on the Final Subdivision Map for Tract No. 5928 recorded and
filed in Book 442 of Maps at pages 29 and 30 in the Office of the County Recorder of
the CoUnty 'Of Santh Clara, State of California, on May 30, 1979, are not vacated by
the City at this time.
4. 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.
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The 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 ,1985, by the following vote:
AYES: Councilmembers Callon, Fanelli, nlava, ~byles and Mayor Clevenger,
NOES: None
ABSENT: Nc~e
MAYOR OF THE CITY
ATTEST:
4385/BML/D I . -2-