Resolution No. 2005-13
Recorded without fee under Government Code ~ 6103
When recorded return to: DO CUM E NT: 18325379
Pages: 6
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
II II III II III "" II 1111 II
Fees. * No Fees
Taxes.
Copies,
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
SPACE ABOVE THIS LINE FOK J:U:<k:UKlJtK~ U~t Vi'lL I
ROE j:! 008
4/14/2005
2:49 PM
RESOLUTION NO. 2005-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT
DESIGNATED AS A PERPETUAL RIGHT TO EMPTY WASTE WATER ON
APPROXIMATELY 32.7 ACRES GRANTED IN A DEED FROM JOHN F.
AND CELIA E. UNGLISH TO THE CITY OF GILROY DATED MARCH 12,
1896, AND RECORDED MAY 26, 1896 IN BOOK 190 OF DEEDS, AT PAGE
147.
WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and
Highway Code, Section 8330 et seq., the City Council may summarily vacate a public service
easement ("P.S.E.") when the easement has not been used for the purpose for which it was
dedicated or acquired for five (5) consecutive years immediately preceding the proposed
vacation, there are no other public facilities located within the easement; and
WHEREAS, the P.S.E. proposed for vacation is a perpetual right to empty all waste water
from the Gilroy City water reservoir and flume on approximately 32.7 acres described as a
perpetual right granted by a deed from John F. and Celia E. Unglish to the City of Gilroy dated
March 12, 1896, and recorded May 26, 1896 in Book.190 of Deeds, at Page 147; and
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Resolution No. 2005-13
WHEREAS, the parcel for which the P.S.E. proposed to be vacated is described in the
legal description attached hereto as Exhibit A, and shown on the map attached hereto as Exhibit
B, both incorporated herein by this reference; and
WHEREAS, the City Council having duly considered all evidence, and followed the
procedure prescribed by law, hereby finds and detennines from all of the evidence submitted that
the proposed order of vacation of the P.S.E. 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. That the P.S.E. proposed for vacation was granted by John F. and Celia E.
Unglish to the City of Gilroy dated March 12, 1896, and recorded May 26, 1896
in Book 190 of Deeds, at Page 147; and
2. That said P.S.E. has not been used for the purpose for which it was dedicated or
acquired for five (5) consecutive years immediately preceding the proposed
vacation; and
3. That said P.S.E. also is unnecessary for present or prospective public use, and that
there are no public utility facilities located within the easement that would be
affected by the vacation; and
4. The City Council, pursuant the Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the P.S.E. that is a perpetual right to
empty all waste water from the Gilroy City water reservoir and flume onto that
property described in Exhibit A and depicted in Exhibit B; and
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Resolution No. 2005-13
5. This Resolution shall become effective on February 22, 2005, and shall be
recorded by the City Clerk in the Santa Clara County Recorder's Office shortly
thereafter; and
From and after the date this Resolution is recorded in the Santa
Clara County Recorder's Office, the P.S.E. that is a perpetual right
to empty all waste water from the Gilroy City water reservoir and
flume onto that property described in Exhibit A and shown on
Exhibit B shall no longer constitute a public service easement.
PASSED AND ADOPTED this 22nd day of February, 2005 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE,
VELASCO and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~~
. ertPinheiro,Mayor
ATTEST:
~~,
Rhonda Pellin, City Clerk
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Resolution No. 2005-13
EXHIBIT A
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DESCRIPTION
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All thai reB~ property situated in the CIty of Gilroy. County of Santa Clara, state of California,
describod .. follows:
A pOrtion o~ Parcel e. as said Parcells described In thllt certain Certlftcate of Compliance (Lot
UneAdjus~ent; Santa Clara County Ordinance Code Soctign C1~-11). R9C()r~d as
I _
Document# 14139227, Of1k:lal Records of Santa Clara County, Callfomla. being more
partia.dartyidescrlbed as follows; n ---- .
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,
BEGlNNIND a\ II the southeast comer of said Percel; thence running along the southerly
bountJ~ df said Parcel
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1.) NB9"~'17"W I a distance of 1.626.89 feet; thence leaving !Sid southerly boundary
2.) NOO'""43~Ii,. C1lstance of 178.08 feet tnen~
3.) N04"r'~E, a distance of 178.61 feel; thence
4.) N02"~'2rEl II dietance of36.13 feet: thente
s.) Nog"i9'49'W, ~ difitance of 120.58 feet; then09
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6.) NOQ"46'42"W, a distance of 141t48 feet; thence
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7.) N21""1'39"E. a distance of 190.51 feet; thence
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8.) Seao2$'os.e, lil distance of 72.82 feet; thence
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9.) ses"lIa'32"E. e distance of 194.26 tam. thence
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10.) N7t;i":n '1Q'"e, a distance of 402_59 199t; th80ce
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11.) N84"S1107"E, a distance of 357.84 feet; thenc&
12.) sae-dt'02"E. a distlnC8 of 222.92 feet thence
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1S.) NS7"!:j9'43-E, a distance of 330.76 feottg B pellnt on the easterly boundary of said P21tce1:
thence running along said t!lIlUItarly boundary
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14.) SOO.d8'OO"E, a dl$tance of 934.W feet to the POINT OF BEGINNING.
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Containing; 1 .424,2&2.26 5ql.Jare feet or 32.13970 acres, more or less.
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END OF oESCRIPTlON.
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DETAIL
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NOTtl ,t
B~ARINGS AND DISTANces!. ARt 8ASUJ at F?ECORO
lNFORUAnON DESCRI8{O (N THAT ClRTAlN LOT UN~
ADJUSTMENT FILED AS OdcUMOIT 11If.'J9227, OFFICIAL
R~COROS OF SANTA a~~ COUNTY. CALfF'OffNfA.
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PLAT T!LACCOMPANY
DEi:)LRIPTION
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A PORTION elF "PARCEL B". AS
DESCRIBED IN THE LOT UNE ADJUSTMENT
RECORDED AS .aCUMENT #14139227
CITY OF Gll"ROY. S CURA COUNTY. CA.lJFORNIA
EXHIBIT B
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SCALE IN FEET: 1"= 300' .
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-13 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
22nd day of February, 2005, 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 March, 2005.
~~.
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City Clerk of the City of Gilroy
(Seal)