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HomeMy WebLinkAboutCity Council Resolution 2479 uest d to be returned to: NO ~ Of ~a~a 13777 F~le Av~ ~a~a ~ 95070 .= ~ ~ R~OL~OH NO. 2479 e ~ R~OL~ON OF THE C~Y COUN~ OF THE C~Y O~ SARATOGA VACA~G A POR~ON OF AN ALLEY OFFERED FOR DBDICA~ON ~ A P~C ~GHWAY K532e s 1229 WHEREAS, DAVID C. BELL and GEORGE A. WOOD executed an Owner's Certificate offering for dedication as a public highway a certain alley as identified, described and delineated on that Amended Map of Saratoga Park Lots recorded and filed in Book D of Maps, at pages 58 and 59 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 17, 1914 (heroinafter referred to as the "Map"); and W~MREAS, on August 17, 1914, the Board of Supervisors of the County of Santa Clara (hereinafter '~Board of Supervisors") did not accept the offer of dedication of the aforesaid alley as a public highway; and WHEREAS, the Board of Supervisors has never accepted the aforesaid offered dedication of the alley; 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 offer of dedication of the alley; 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(c) 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, the current owner of Lot 13, as delineated on the Map and adjacent to the aforesaid alley, has requested that the City vacate that portion of the alley offered for dedication and not accepted as identified, described and delineated in the metes and bounds description attached hereto as Exhibit "A" and incorporated heroin by reference, inasmuch as the referenced portion of the subject alley has, for a period of five consecutive years, been impassable for vehicular travel, and no public money was expended for the maintenance of the alley during such period of time; and -1- WHEREAS, the City has determined that the portion of the alley to be vacated has, for a period of five consecutive years, been impassable for vehicular traffic, and no public money was expended for maintenance of the alley during such period of time; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA RESOLVES THAT: 1. That portion of the alley 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 highway on the Amended Map of Saratoga Park Lots recorded and filed in Book 0 of Maps at pages 58 and 59 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 17, 1914, is hereby vacated pursuant to the authority of Chapter 4 (commencing at Section 8330) of Part 3, 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 alley shall no longer constitute an alley or public highway as offered for dedication. 2. Except for the portion of the aforementioned alley expressly vacated pursuant to the description contained in Paragraph 1 above, all other easements and offers of dedication identified, described and delineated on the Amended Map for Saratoga Park Lots recorded and filed in Book 0 of Maps at pages 58 and 59 in the Office of tile County Recorder of the County of Santa Clara, State of California, on August 17, 1914, 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 4th day of , 1988, by the following vote: AYES: CouncilKe_mke~s Anderson, Clevenger and Hlava NOES: None ABSENT: Councilmember Moyles and Fayor 'e , ,n Mayor ATTEST: -2,- EXHIBIT "A" All that certain property located in the City of Saratoga, County of Santa Clara and State of California more particularly described as follows: Beginning at a point which is the most easterly corner of Lot 13 as said lot is shown on that certain map entitled Amended Map of Saratoga Park Lots which map was filed for record August 17, 1914 in Book 0 of Maps at pages 58 and 59 Official Records of Santa Clara County; thence leaving said point of beginning and along the north- easterly line of said Lot 13 North 43° 28' W 186.14 feet to a point in the northerly line of said Lot 13; thence along the easterly pro- longation of said northerly line East 27.56 feet to a point in the~ northeasterly line of said Amended Map of Saratoga Park Lots; thence along the last mention northeasterly line South 43° 28' East 186.14 feet to the most easterly corner of said Amended Map of Saratoga Park Lots; thence West 27.56 feet to the point of beginning. Contain 0,085 acres more or less.