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HomeMy WebLinkAboutCity Council Resolution 2369 RESOLUTION NO. 2369 RESOLUTION OF TUE CITY COUNCIL OF T[~E CITY OF SARATOGA VACATING A PORTION OF MAR]ON ROAD OFFERED FOR DEDICATION AS A PUBLIC STREET WHEREAS, W. D. POLLARD executed an Owner's Certificate offering for dedication as a public street Marion Road, as identified, described and delineated on that Map of the Pollard Subdivision recorded and filed in Book E of Maps, at page 65 in the office of the County Recorder of the County of Santa Clara, State of California, on January 13, 1891 (hereinafter referred to as the "Map"); and WHEREAS, the board of Supervisors of the County of Santa Clara have never accepted the aforesaid offered dedication of Marion Road; and WHEREAS, the area encompassed in the Map was placed into the jurisdiction of the City of Saratoga (hereinafter "City") when the City was incorporated; and WHEREAS, the City Council of the City has never accepted the aforesaid offer of dedication of Marion Road; and WHEREAS, a portion of the land delineated on the Map has been re subdivided pursuant to a parcel Map recorded at Book 496 of maps at Page 1 in the Office of the County Recorder of the County of Santa Clara, State of California on February 2, 1982 (hereinafter "Parcel Map"); 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(e) 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 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, CARL FRANKLIN (hereinafter "Franklin"), the current owner of a parcel of real property delineated on the Parcel Map and encumbered by the Marion Road dedication, has requested that the City vacate that portion of Marion Road offered for dedication and not accepted as identified, described and delineated in the metes and bounds description attached hereto as Exhibit "A" and incorporated herein by reference, inasmuch as the referenced portion of Marion Road has, for a period of five consecutive years, been impassable for vehicular travel, and no public money was expended for the maintenance of the referenced portion of Marion Road during such period of time; and WHEREAS, the City has determined that the portion of Marion Road which Franklin has requested to be vaeatod has, for a period of five consecutive years, been impassable for vehicular traffic, and no public money was expended for maintenance of the referenced portion of Marion Road during such period of time; -1- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA RESOLVES THAT: 1. That portion of Marion Road identified, described and delineated in the metes and bounds description attached hereto as Exhibit "A" and incorporated herein by reference, offered for dedication as a public street on the Map of the Pollard Subdivision recorded and filed in Book E of Maps at page 65 in the Office of the County Recorder of the County of Santa Clara, State of California, on January 13, 1891, 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, and that from and after the date that this resolution is recorded, the aforementioned described portion of said Marion Road shall no longer constitute a street or public highway as offered for dedication. 2. Except for the portion of Marion Road expressly vacated pursuant to the description contained in Paragraph 1 above, all other easements and offers of dedication identified, described and delineated on the Map of the Pollard Subdivision recorded and filed Book E of Maps at page 65 in the Office of the County Recorder of the County of Santa Clara, State of California, on January 13, 1891, and on the Parcel Map recorded at Book 496 of Maps at Page 1 in the Office of the County Recorder of the County of Santa Clara, State of California, on February 2, 1982, 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 of Saratoga held on the 3rd day of September ., 1986, by the following vote: AYES: Councilmembers Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava NOES: None ABSENT:None %tkr Q ~k-~fLI3(!L ............. Ma~, C~y'o'l Sa~litoga Attest: City Clerk -2~ MARION ROAD ABANDONMENT Beginning at the Northwest :Corner of .p~. A as Shown on that cer~@~9 Parcel Map recorded in Book 496 of maps, page I of 'Santa Clara County Records, said point of beginning being also a point on the centerline terminus of Marion Road, as shown on the map of the Pollard Subdivision, which was recorded in Book E of maps, at page 65 of Santa Clara County Records; thence from said point of beginning along the Northwesterly prolongation of the Southwesterly line of said parcel A, North 56° 46'30" West 18.10 feet; thence leaving said prolqngation and proceeding Northeasterly along the Northwesterly line of said Marion Road said line being parallel with & fifteen feet Northerly measured at right angles from the said centerline of Marion Road, North 67°15' East 233.79 feet to a point of cusp, said point of cusp being North 69° 04'51" West 42.00 feet radially from the centerline of a cul-de-sac as shown on said Parcel Map; thence Southerly along a radial curve to the left from said radial bearing with a radius of 42.00 feet through central angle of 24°21'53'' for an arc length of 17.86 feet to the Northeast corner of said parcel A; thence along the Northeasterly line of said parcel A and continuing along said curve to the left with a radius of 42.00 feet through a central angle of 20°50'16'' for an arc length of 15.28 feet to a point on the Southeasterly line of said Marion Road; thence Southwesterly along said Southeasterly line of Marion Road, which is parallel with and distant fifteen feet from the centerline of said Marion Road and the Northwesterly line of said parcel A, South 67~15' West 201.92 feet to a point on the Southwest line of said Parcel A; thence North 56~46'30'' West 18.10 feet to said Northwest corner of Parcel A and the point of beginning. EXHIBIT "A"