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HomeMy WebLinkAboutCity Council Resolution 2544 'city clerk 10 0 18 0 8 0 City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca. 95070 AT N 0 F E E ~OLU~ON OF THE C~Y COUN~ O~ THE C~Y VACA~G A DED%CATED PEDESTRIAN AND Eq~ST~%AN ACC~MMENT ,K'857 44 WHEREAS, CASA GRANDE ACQUISITION CORPORATION, a California corporation (hereinafter referred to as "CASA GRANDE"), executed an Owner's Certificate dedicating to public use a Pedestrian and Equestrian Access Easement (PEE) as identified, described and delineated on Lots 22 and 23 of that final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 7, 198 1 (hereinafter referred to as the "FINAL MAP"); and WHEREAS, the City Council of the City of Saratoga rejected said Pedestrian and Equestrian Access Easement flEE) by Resolution Number 1426-02 dated July 15, 1981; and WHEREAS, California Government Code S 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 S 66477.2(c)states that offers of dedication which are covered in Government Code ~ 66477.2(a) may be terminated and .el: t'~bandoned in the same manner as described for the summary vacation of streets by Part 3 r_l I-- ~ mmeneing with Section 8300) of Division 9 of the Streets and Highways Code; and hi ~. .e~ WHEREAS, the City has determined that the trail proposed to be constructed C11 hi ta~V~in the subject Pedestrian and Equestrian Access Easement (PEE) would be located in close C21 r.3 f.r] im'ty to the evised Approved Home Sites for Lots 22 and 23 as delineated on the Final C:~ ClV~, and LI.] C:t r.3 li. WHEREAS, LARRY PEDEN has requested that the City vacate the rejected LI.. C.11.2L~estrian and Equestrian Access Easement (PEE) identified, described and deliahated on Lots 22 C23 ":~ b~ 23 on the Final Map inasmuch as the subject Pedestrian and Equestrian Access Easement ~ ~ [-~F~)(1) is located in close proximity to the Revised Approved Home Sites on Lots 22 and 23 of the Final Map, and (2) has not been continuously used as a Pedestrian and Equestrian Access Easement (PEE) since August 7, 198 1. -1- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA RESOLVES THAT: 1. The Pedestrian and Equestrian Access Easement (PER) dedicated to public use on Lots 22 and 23 on that Final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 7, 1981, 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, said Pedestrian and Equestrian Access Easement (PER) shall no longer constitute a Pedestrian and Equestrian Access Easement (PEEL 2. All other easements identified, described and delineated on the Final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 at Pages 40 to 45 in the Office of the County Recorder of Santa Clara, State of California, on August 7, 1981, 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 1st day of February, 1989 ~ by the following vote: AYES: Councilme~)ers Clevenger, MDyles, Peter~Dn, Stutzman and Mayor ~derson None NOES: Ma~Y~r, City ~f Saratoga Attest: Ci~ Clerk . -2- ~ '. ' ~'A' ""' '