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Resolution 2011-24 RESOLUTION NO. 2011-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A PORTION OF THE PUBLIC STORM DRAIN EASEMENT WITHIN LOTS 16 AND 17, AS SHOWN ON THE MAP OF TRACT 9678, FILED FOR RECORD ON JUNE 8,2005 IN BOOK 787 OF MAPS, AT PAGES 26 AND 27; AND LOTS 13, 14, 15, AND 16, AS SHOWN ON THE MAP OF TRACT 9691, FILED FOR RECORD ON JUNE 8, 2005 IN BOOK 787 OF MAPS, AT PAGES 24 AND 25, OF SANTA CLARA COUNTY RECORDS WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and Highway Code, Section 8330 et seq., the City Council of the City of Gilroy has determined that the hereinafter described easement is unnecessary for present or prospective public use; and WHEREAS, a portion of the public storm drain easement proposed for vacation is described in the legal description attached hereto as Exhibit A, incorporated herein by this reference; and WHEREAS, a portion of the public storm drain easement to be vacated is within Lots 16 and 17 as shown on the map of Tract 9678, filed for record on June 8, 2005 in Book 787 of Maps, at Pages 26 and 27; and Lots 13, 14, 15, and 16, as shown on the map of "Tract 9691 ", filed for record on June 8, 2005 in Book 787 of Maps, at Pages 24 and 25, records of Santa Clara County; and WHEREAS, the City Council of the City of Gilroy having duly considered all evidence, and followed the procedure prescribed by law, hereby finds and determines from all of the evidence submitted that the proposed order of vacation of the easement conforms with the provisions of Section 8333 of the California Streets and Highway Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: -1- Resolution NO. 2011-24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That the City of Gilroy is the successor in interest in said easement, said easement originally being granted to the County of Santa Clara, shown in document number 6084597, Official records of Santa Clara County recorded July 21, 1978. 2. That the portion of the public storm drain easement was required until the City of Gilroy determined it was no longer necessary. Said portion of the public storm drain easement is unnecessary for present or prospective public use, and there are no public utility facilities located within the easement. 3. The City Council of the City of Gilroy, pursuant to California Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation a portion of the public storm drain easement described in Exhibit "A". 4. The City Clerk shall cause a certified copy of this resolution to be recorded in the Santa Clara County Recorder's Office. 5. From and after the date of this Resolution is recorded in the Santa Clara County Recorder's Office, a portion of the public storm drain easement described in Exhibit "A" shall no longer constitute a public storm drain easement. 6. The City Council of the City of Gilroy has determined that a portion of the public storm drain easement is in excess by the City of Gilroy. PASSED AND ADOPTED this 2nd day of May, 2011 by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, LEORE-MUNOZ, TUCKER, WOODWARD and PINHEIRO -2- Resolution NO. 2011-24 NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO ATTEST: S APPROVED: ~-~ /' i eiro, Mayor -3- Resolution NO. 2011-24 "EXHIBIT A" LEGAL DESCRIPTION FOR ABANDONMENT OF A 20' STORM DRAIN EASEMENT An easement over that certain real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: The south 20 feet of Lots 13 through 16, as shown on that certain map entitled "Tract No. 9691, Rancho Meadows Three", filed June 8, 2005 in Book 787 of Maps, Pages 24 and 25; and Lots 16 through 17, as shown on that certain map entitled "Tract No. 9678, Rancho Meadows Two", filed June 8, 2005 in Book 787 of Maps, Pages 26 and 27, Records of Santa Clara County, California, more particularly described as follows: Beginning at the southwest corner of said "Lot 13, Tract No. 9691, Rancho Meadows Three"; thence along the west line of said Lot NOoo14'19"E, a distance of 20.00 feet; thence S89045'41"E, a distance of 391.30 feet to the east line of "Lot 17, Tract No. 9678 Rancho Meadows Two"; thence along said east line SOoo14'12"W, a distance of 20.00 feet to the southeast corner of said Lot 17; thence along the south line of Tract 9678 and Tract 9691, N89045'41"W, a distance of 391.30 feet to the Point of Beginning. Containing 7,826 square feet, more or less. As shown on "Exhibit B", attached hereto, and a part hereof. END OF DESCRIPTION. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. 4);): Date f I o ~ -Hal . 0~ ~I o.P to - I (} .;sI0 - I I' ~JA/'\ I I "/\'" 12 I I I I NOO~~'29"E 2-i~~l ~ r:ASE~~~;T~~9~RO~~545) 1 1 ABANDO~E HEREON 1 1 13 I 60 120 I I SCALE IN FEET: 1"= 60' 180 I ....... " Z L LEGEND POINT OF BEGINNING PUBLIC UTILITY EASEMENT PUBLIC SERVICE EASEMENT STORM DRAIN EASEMENT EXISTING LOT LINE - - - - - - EXISTING EASEMENT LINE EXISTING CENTER LINE :...------ TRACT BOUNDARY 13 - - - - - - EASEMENT TO BE ABANDONED I I I~ I I Ul_ I I~' ~ I~I > " I "tJ iI' ~ 'II o I I ~ II I < II I m, I I I 1 I 1 I POB PUE PSE SDE I ~ I oj <)1 c ~I '" o I COCO (0 1 ^. /'" 1 ~0 /~ I" r/;OO 15 I 1 17 I I I I \ I I ) '-........- - - - -- - -\- - - -t- - - - ---- .t'= ~00.14'12"W : 20.00' ... I 9 POB 10 11 12 14 I II II , "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR ABANDONMENT OF A STORM DRAIN EASEMENT, BOOK D829 O.R. 545 OVER LOTS 13-16, TRACT 9691 AND LOTS 16-17, TRACT 9678, SANTA CLARA COUNTY RECORDS CITY OF GILROY, CALIFORNIA 0 1 J: m I NAVAJO CT -< m z 10_ z m 1-0 c I~ :0 1 1 <: m -- 1 14 I ~I ~I ~I ~I :E ~I I~ tNl ItN o~1 IO~ 16 1 1 I 1 I ' -1------f- 1 I 1 I 1 16 1 1 1 1 I~ I~ I~ I~ ~ 15 --+-- , : 6 1 I 1 I 1 I 1 '" 1 7 ~00) ~ I ^. /rv I A,\";--0 /~ K~~~ \ ~ -- 12 I 1 I 1 /\'0 15 "..,,<0 (, I "V,J ryO I 0\~ I A~ /" i,\~ 'O~ l ~ ~ =-=-_1".= RODEO DRIVE 'RJk RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS 80M CAMINO ARROYO GILROY, CA 8S02O PHONE: (<108) 84&-0300 FAX: (<108) 84&-0302 SCALE: 1" = 60' DATE: 04-01-2011 JOB NO.: 102019 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-24 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of May, 2011, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 3rd day of May, 2011. (Seal)