HomeMy WebLinkAboutCity Council Resolution 2608 by, 10 3 2 14 4 0
City Clerk A
~ 3777
C~Y OF SARATOGA P~~Y VACA~G A
SLOPE ~E~ ON L~ 16 OF T~ 7761
WHEREA$~ a subdivision map for Tract 7761, known as Mount Eden
Estates, was recorded in the office of the County Recorder for the County of Santa
Clara on December 4, 1986, in Book 567 of Maps, at Pages 48, 49 and 50; and
WHEREAS~ said map contains a dedication of a slope easement to the City
of Saratoga ('*City") over a portion of Lot 16 for the purpose of constructing and
maintaining cut or fill slopes or retaining w~l!.q necessary for the lateral support and
maintenance of Coeeiardi Court and Villa Oaks Lane, which abut the easterly and
southerly property lines of Lot 16; and
f.9 WHEREAS, the City has not accepted the aforementioned slope easement
~3~ , offered for dedication in said map; and
3Z C:I WHEREAS, California Government Code Section 66477.2(e) states that
r,,3
-- ~O frets of dedication which have not been accepted may be terminated and abandoned
'1~ r..q CO I--Highways Code; and
I,- ~,, ~ *~ WHEREAS, the current owner of Lot 16 has requested the City to vacate a
bk, iJ~r,J ~l~portion of the slope easement; and
L!,,. C,~ WHEREAS, the City has determined that the portion of the slope easement
C3 ~: ~' ~ to be vacated constitutes an excess area which is not required for the support and
Z Z'~ C3 .. maintenance of the adjacent streets,
NOW~ T~REFORE, BE rr RESOLVED by the City Council of the City of
Saratoga as follows=
1. That portion of the the slope easement on Lot 16 of Tract 7761 as
described in Exhibit 'A" attached hereto and made a part hereof, and shown as
"portion to be abandoned" on the drawing attached hereto as Exhibit 'rB' and made a
part hereof, is hereby vacated pursuant to the authority of Chapter 4 of Part 3
(commencing with Section 8330) of Division 9 of the California Streets and Highways
Code, and that from and after the date this resolution is recorded, such portion of the
slope easement on Lot 16 of Tract 7761 shall no longer constitute an easement offered
for dedication.
2. The City Clerk is directed to deliver a certified copy of this
Resolution to the Recorder for Santa Clara County for recording.
· , ,
L160P 6E 8S7
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 1st day of November, 1989, by the following vote:
AYES: Colmcilmembers Anderson, MDyles, Peterson, S~ltm~nn and Mayor Clevenger
NOES: None
A BSEN T: None
Mayor ~/
ATTEST:
-2-
EXHIBITA
A.. PORTION....O[ SLOPE EASEMENT TO BE ABANDONED
WITHIN LOT 16 OF.....TRACT. 7761 MOUNT EDEN ESTATES
BEGINNING AT THE COMMON PROPERTY CORNER OF LOT 16 AND 19
LOCATED ON THE RIGHT OF WAY LINE OF COCCIARDI COURT AS SHOWN
ON THE TRACT MAP "TRACT 7761 MOUNT EDEN ESTATES" RECORDED IN
BOOK 567 OF MAPS, PAGES 48-50 SANTA CLARA COUNTY RECORDS;
THENCE ALONG THE PROPERTY LINE BETWEEN LOTS 16 AND 19 NORTH
56°01'03" EAST, 62.84 FEET TO THE Ei'ISTING LIMIT OF SLOPE
EASEMENT AND TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG THE EXISTING LIMIT OF SLOPE EASEMENT SOUTH 45°
04'50" EAST, 104.77 FEET; THENCE SOUTH 24° 30' WEST, 77.00
FEET; THENCE SOUTH 13"00' EAST, 53.00 FEET; THENCE SOUTH 66°
00'EAST, 27.00 FEET; THENCE SOUTH 70 00 00 WEST, 31.00 FEET;
THENCE ALONG THE NEW LIMIT OF THE SLOPE EASEMENT NORTH l0°
54'17" WEST, 57.82 FEET; THENCE NORTH 4°58'57" WEST, 80.00
FEET~ THENCE NORTH 29°58'57" WEST, 85.00 FEET TO A POINT ON
THE PROPERTY LINE BETWEEN LOTS 16 AND 19; THENCE NORTH 56°
01'03" EAST, 12o84 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4658 S.F. MORE OR LESS.
EXHIBITB