HomeMy WebLinkAboutCity Council Resolution 2453 RESOLUTION NOi 2453
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
Ol~ INTENTION TO VACATE A STORM DRAIN EASEMENT
ON LOT 64 OF TRACT 3439
WHEREAS, Valley Title Company of Santa Clara County, a California
Corporation (hereinafter 'rValley Title") executed an owner's certificate offering
for dedication a five (5) foot wide storm drain easement on Lot 64 of Tract 3439,
as identified, described and delineated on that Map recorded and filed in Book 163
of Maps, at pages 40 and 41, ]n the Office of the County Recorder of the County
of Santa Clara, State of California, on July 9, 1963 (hereinafter referred to as the
"Ma ").
p ,and
WHEREAS, on November 3, 1965, the City of Saratoga (hereinafter
"City") adopted Resolution 36B-78, and thereby accepted the offer of dedication
of the aforementioned storm drain easement; and
WHEREAS, California Streets and Highways Code Sections 8320 et
Seq. provide that the legislative body of a local agency may initiate proceedings
to vacate a public service easement; and
WHEREAS, California Streets and Highways Code Section 8306(a)
defines a public service easement to include a storm drain easement; and
WHEREAS, the City has determined that the aforementioned storm
drain easement should be vacated because no storm drain improvements have
existed in the easement since February 27, 1987, and said storm drain easement is
not necessary for present or perspective public use;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SARATOGA RESOLVES THAT:
1. The City Council of the City of Saratoga hereby declares its
intention to vacate the storm drain easement on Lot 64 of Tract 3439 as
identified, described and delineated on that Map recorded and filed in Book 163 of
Maps, at pages 40 and 41, in the Office of the County Recorder of the County of
Santa Clara, State of California, on July 9, 1963.
2. Said vacation proceeding is being conducted pursuant to Chapter
3 (commencing at Section 8320) of Part 3 of Division 9 of the California Streets
and Highways Code.
3. A copy of the aforementioned Map on which the subject storm
drain easement is identified, described and delineated is on file in the offices of
the Engineering Department of the City of Saratoga.
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4' A public hearing shall be held on Januar~ 6 1987, at
,
7:30
p.m., at City Council. Chambers, Saratoga City Hall, 13777 Fruitvale
Avenue, Saratoga, California, at which persons interested in the proposed
vacation of the aforementioned storm drain easement may be heard.
The foregoing resolution was passed and adopted at a re ular meeting
of the City Council of the City of Saratoga held on the ~th day of
Dacetier ,1987, by the following vote:
AYES: CounciLmentors Anderson, Clevenger, Hlava, Moyles and Mayor Peterson
N O ES: None
ABSENT: None
Attest:
/ .
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