HomeMy WebLinkAboutCity Council Resolution 2471 K 5 j[ 4 Piss 13 6ssvi 4s6
retm~: FtL~D FOR RECOaO
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13777 ~it~e Ave. C!~ OFSARATOGA
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g~OLU~ON O~ TBg ~Y COUNCIL OF THE CITY OF SARATOGA SART,% ~::~
VACA~NG A TRA~ g~EM~NT O~E~ED FO~ DEDICATION
WHEREAS, Alan G. Lambert, President of Gerard & Lambert, Inc.
(hereinafter "Gerard & Lambert"), executed an Owner's Certificate offering for
dedication a trail easement as identified, described, and delineated on Lots 20 and
22 of Tract No. 6781 on that Subdivision Map recorded and filed in Book 562 of
Maps, at pages 31 through 37, in the office of the County Recorder of the County
of Santa Clara, State of California, on July 17, 1986, (hereinafter referred to as
the "Map"); and
WHEREAS, the City of Saratoga (hereinafter "City") rejected the
offer of dedication of the aforementioned trail easement; and
WHEREAS, the City has never accepted the aforementioned trail
easement offered for dedication; 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
rv .. WHEREAS, California Government Code Section 66477.2(c) states that
~1: rq 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
r.3 I--~.( summary vacation of streets by Part 3 (commencing with Section 8300) of
W ~ r_j r.9 Division 9 of the Streets and Highways Code; and
rm r.:3 r. r3 ,~ WHEREAS, Gerard & Lambert has requested that the City vacate that
I-- ~ I&l IZ portion of the trail easement offered for dedication and rejected by the City as
13} 1:3 4: described in Exhibit "A" attached hereto and incorporated herein by reference,
[.~J iZ I'J f/J inasmuch as said portion of said easement has been superseded by relocation and
W {':~, r,3 Ij, there are no other public facilities located within said portion of said easement;
L'] < 5> ~ WHEREAS, the City has determined that the portion of the trail
.4(.. ~ r~ r.3 easement which Gerard & Lambert has requested to be vacated has been
superseded by relocation and there are no other public facilities located within
said portion of said easement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SARATOGA RESOLVES THAT:
1. That portion of the trail easement described in Exhibit "A"
attached hereto and incorporated herein by reference, which is a portion of a
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larger trail easement identified, described, and delineated on that Subdivision Map
filed and recorded in Book 562 of Maps, at pages 31 through 37, in the office of
the Count:~ Recorder of the County of Santa Clara, State of California, on July
17, 1986, 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
Code, and that from and after the date that this resolution is recorded, the
aforementioned portion of trail easement shall no longer constitute such an
easement as offered for dedication.
2. 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 re ular meeting
of the City Council of the City of Saratoga held on the ~th day of
April ,1988, by the following vote:
AYES: Councils Anderson, Clevenger, Hlava, MDyles ~d Mayor Peterson
NOES: None
ABSENT: None
M '
a or~ 0 ara F0ga
Attest:
City Clerk
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KS14PAGE1328
LEGAL DESCRIPTION
An abandonment of a portion of an easement for trail purposes
situate in the City of Saratoga, County of Santa Clara, State of
California, said abandoned portion lying entirely within Lots 20
and 22 of Tract No. 6781 as said tract is shown on that certain
map recorded in Book 562 of Maps at Pages 31 through 37, Santa
Clara County Records~ said realigned easement being 8.00 feet in
width, measured at right angles, the westerly line of which is
described as follows:
Beginning at the southerly terminus of that certain course of
said easement shown as North 27° 58' 21" West, 124.10 feet on
said map~ thence southeasterly along the arc of a tangent curve
to the left~with a radius of 64.00 feet, through a central angle
of 33° 01' 39", an arc distance of 36.89 feet; thence South 61°
00' 00" East, 96.39 feet; thence along the arc of a tangent
curve to the right with a radius of 116.00 feet, through a cen-
20 00' 00", an arc distance of 40.49 feet; thence
tral angle of o
South 41° 00' 00" East, 12.46 feet to a point distant North 41°
00' 00" West, 124.81 feet from the southerly terminus that course
of said easement shown as North 41° 00' 00" West, 137.27 feet on
said map.
EXH{BITA