HomeMy WebLinkAboutCity Council Resolution 2399 to be returned to:
City Clerk, City of Saratoga !FILED FC~
13777 Fruitvale Avenue AT REqUeST O:F
~c~ratoga, California 95070 d/~
RESOLUTION NO. 2399
RESOLUTION OF THE CITY COUNCIL OF THE CFFY OF
¥ACATIMG A PUBLIC SER¥[CE EASEMENT ~ECClRDER
ON LOT 55 O:F TRACT 6528, UNIT TWO
WHEREAS, Va]zey Title Company, a California Corporation (hereinafter
"Valley Title") executed an owner's certificate offe~in~ for dedication a public
service easement on Lot 55 of T~act 6528, Unit Two, as identified, dese~ibed and
delineated on that Map reco~'ded and filed in Book 499 of Maps, at pa~es 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
WHEF~EAS, on April 21, 1982, the City of Saratoga (hereinafter
accepted the offer of dedication of the aforementioned public service easement; and
WHEREAS, California SU'eets and Highways Code Section 8333 p~ovides
that the legislative body of a local a~ency may summarily vacate a public service
easement if the date of dedication o~ acquisition of said easement is less than five
years, and more then one year, immediately preeeedin~ the proposed vacatlon, 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 bein~ identified, described, and delineated in the metes and bounds
description attached he~'eto 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 preceedin~ this proposed
UJ vacation, and said portion of said easement has not been used continuously since the
r.q date of dedication and acquisition; and
~ :Z: C:3 WHEREAS, the City has determined that the aforementioned portion of the
public service easement which Valley Title has requested to be vacated was
I.d ~ . f.~ dedicated to and acquired by the City less than five yea~s, and more than one year,
C3 C3 immediately preeeedin~ this proposed vacation, and said portion of said easement
IZ3 UJ U.I I-- has not been used continuously since the date of dedication and acquisition;
· ~: U.I .~: NOW, THE~{EFOP~E, THE CITY COUNCIL OF THE CITY OF SARATOGA
Lr.] c~ C3 r.r] RESOLVES THAT:
Lr. c3 C3 1. That portion of the public service easement on Lot 55 of Tract 6528,
r.~ I-; Unit Two, identified, described and delineated in the metes and bounds description
[~ <( 5> ~ attached hereto as Exhibit "A" and incorporated herein by reference, dedicated by
C:3 _. Valley Title and acquired by the City as a portion of the public service easement
Z ~ r.D r.3 identified, described and delineated on that map filed and recorded in Book 499 of
Maps, at paEes 35 through 41, in the Office of the County l~ecorde~ of the County of
.... Santa Clara, State of California, on May 3, 1982, is hereby vacated pursuant to the
authority of Chapter 4 (commenein~ at section 8330) Part 3, of Division 9 of the
040PAGE 74zl
California Streets and Highways 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 55 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
acknowledgement, certificate of acknowledgement 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 Ci~yanu~ycil of the City of Saratoga held on the 21st day of
., 1987, by the following vote:
AYES: Councilmembers Anderson, Clevenger, ivbyles, Peterson, and Mayor Hlava
NOES: None
....... ABSENT: None
'a
Attest:
City Clerk
A portion of the Public Service Easement lying wit!~in Lot 55 as shc.wn ,::n :J:e
Map of Tract 6528, the Parker Ranch, which Map was recorded in Book 499
of Maps. at Pages 35 .~hru 41. Santa Clara County Records, said i:~ub~ic Serve. co
Easement being more particularly described as follows:
Commencing at the Northwest corner of said lot 55, said Northwes'c cot'nor
being also a pcfinI on the Easterly line of Chiquita Court and being als-~ the
Southwest corner of Lot 56, said Chiquita Court and Lot 56 also bdt~g si3o:~,'n
on said Map of Tract 6528; thence along the common line of said Lot 5'5 and
56, North 5 t° .50' East 10.00 feet ~o the Tr~e Point of Beginning; thence from
said True Point of Beginning continuing along said common lines ef Lots 55
and'56 North 51° 50' East 70.00 feet; thence leaving said common line n~
right angles South 280 10' East 20.00 feet; thence along a line that is paralle!
with, measured at right angles 20.00 feet from said common line o1' Lots 55
and 56, South 51° 50' West 70.00 feet; thence at right angles North 2~,o I0
West 20.00 feet to the True Point of Beginning.
Public Service Easement
JMH ~ 2353
Revised januar7