HomeMy WebLinkAboutCity Council Resolution 2398to be returned to:
City Clerk, City of Saratoga FILED FC
13777 Fruitvale Avenue AT REQUEST
S~'-toga, California 95070 ~} ~
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RESOLUTION NO. 2398
RESOLUTION O~ TIlE CITY COUNCIl. OF TIlE CITY O~ SA~tf:~--::.!:;:',~
VACATING A PUBLIC SERVICE EASEMENT Lt..~jF:~;i;::
ON LOT 56 OF TRACT 6528, UNIT TWO
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WHEREAS, Valley Title Company, a California Corporation (hereinafter
'"/alley Title") executed an owner's certificate offering for dedication a public
service easement on Lot 56 of Tract 6528, Unit Two, as identified, described and
delineated on that. Map recorded and filed in Book 499 of Maps, at pages 35 through
41, in the Office of the County Recorder of the County of Santa Clara, State of
California, on May 3, 1982 (hereinafter referred to as the "Map"); and
WHEREAS, on April 21, 1982, the City of Saratoga (hereinafter "City")
accepted the offer of dedication of the aforementioned public service easement; and
WHEREAS, California Streets and Highways Code Section 8333 provides
that the legislative body of a local agency may summarily vacate a public service
easement if the date of dedication or acquisition of said easement is less than five
years, and more than one year, immediately preeeeding the proposed vacation, and
the easement was not used continuously since the date of dedication or acquisition;
and
WHEREAS, Valley Title has requested that the City vacate a portion of the
aforementioned public service easement accepted by the City, that portion of said
easement being identified, described, and delineated in the metes and bounds
description attached hereto as Exhibit "A" and incorporated herein by reference,
inasmuch as said portion of said easement was dedicated to and acquired by the City
less than five years, and more than one year, immediately preceeding this proposed
vacation, and said portion of said easement has not been used continuously since the
date of dedication and acquisition; and
l~l WHEREAS, the City has determined that the aforementioned portion of the
IZ public service easement which Valley Title has requested to be vacated was
4 rff dedicated to and acquired by the City less than five years, and more than one year,
~ :Z ~ immediately preceeding this proposed vacation, and said portion of said easement
-- ~-~ 4 has not been used continuously since the date of dedication and acquisition;
r.~ IZl NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA
I~ UJ hJ I--
r,-S ~ RESOLVES THAT:
:Z
l-- ~.~ !.~1 .~ I. That portion of the public service easement on Lot 56 of Tract 6528,
LI~J ~ C.J r~ Unit Two, identified, described and delineated in the metes and bounds description
[.!.] C.~ f.1 D. attached hereto as Exhibit "A" and incorporated herein by reference, dedicated by
L~ f-:.~ I~ Valley Title and acquired by the City as a portion of the public service easement
~ ~ >, identified, described and delineated on that map filed and recorded in Book 499 of
CT3 ~' Maps, at pages 35 through 41, in the Office of the County Recorder of the County of
' ~'. ~Santa Clara, State of California, on May 3, 1982, is hereby vacated pursuant to the
authority of Chapter 4 (commencing at section 8330)tPart 3, of Division 9 of the
748
California Streets and ltighways Code, and that from and after the date that this
resolution is recorded, the aforementioned portion of the public service easement
shall no longer constitute such an easement as dedicated by Valley Title and
acquired by the City.
2. Except for the portion of the aforementioned public service easement
expressly vacated pursuant to the description contained in paragraph 1 above, all
other easements and offers of dedication identified, described, and delineated on
Lot 56 on the map recorded and filed in Book 499 of Maps, at pages 35 through 41, in
the Office of the County Recorder of the County of Santa Clara, State of
California, on May 3, 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
aeknowledgement, certificate of acknowledgemeat 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
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the City Council of the City of Saratoga held on the lst: day of
Jinuary ., 1987, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Moyles, Peterson, and Mayor Hlava
NOES: None
ABSENT: , None
'a
Attest:
City Clerk .....
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EXHIBIT 'A'
A portion of the Public Service Easement lying within Lot
56 as shown on the Map of Tract 6528 the Parker Ranch, which
Map was recorded in Book 499 of Maps, at Pages 35 thru 41
Santa Clara County Records, said Public Service Easement
being more particularly described as follows:
Commencing at the Southwest corner of said Lot 56, said Southwest
corner being also a point on the Easterly line of Chiquita
Court and being also the Northwest corner of Lot 55, said
Chiquita Court and Lot 55 also being shown on said Map of
Tract 6528; thence along the common line of said Lot 55 and
56, North 51050' East 10.00 feet to the True Point of Beginning;
thence from said True Point of Beginning continuing along
said common line of Lots 55 and 56 North 51°50' East 70.00
feet; thence leaving said common line along the Northerly
line of a P.S.E. as shown on said Tract Map of Tract 6528,
North 62~21'12" West 70.00 feet; thence leaving said Northerly
line South 05015'36'' East 76.06 feet to the True Point of
Beginning.