Resolution No. 2011-25
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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DOCUMENT: 21171370
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Fees
Taxes. . .
Copies.
AMT PAID
Pages: 7
* No Fees
RESOLUTION NO. 2011-25
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 009
5/10/2011
10: 13 AM
RECORDED WITHOUT FEE UNDER CA. GOVERNMENT CODE SECTION 6103
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
RESOLUTION NO. 2011-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING THE VACATION OF A
PORTION OF THE NON-BUILDABLE EASEMENT ON A
PORTION OF PARCEL 2A, SHOWN UPON THAT
CERTAIN PARCEL MAP FILED JANUARY 15, 1988 IN
BOOK 582 OF MAPS, PAGES 21 AND 22, RECORDS OF
SANTA CLARA COUNTY
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, the approximately 7,417.20 square feet portion of the non-buildable
easement proposed for vacation is described in the legal description attached hereto as "Exhibit
A", and is shown on the map attached hereto as "Exhibit B", both incorporated herein by this
reference; and
WHEREAS, a portion of the non-buildable easement to be vacated is on a portion of
parcel2A shown upon that certain parcel map filed on January 15, 1988 in Book 582 of Maps,
Pages 21 and 22, Records of Santa Clara County; and
WHEREAS, the City Council 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. That a portion of the non-buildable easement proposed for vacation was dedicated
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Resolution NO. 2011-25
to the City of Gilroy shown upon that certain parcel map filed January, 15, 1988 in Book 582 of
Maps, Pages 21 and 22, Records of Santa Clara County.
2. That the portion of the non-buildable easement was required until the City
determined it was no longer necessary. Said portion of the non-buildable 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 of the a portion of
the non-buildable easement described in Exhibit A" and shown in Exhibit "B".
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 non-buildable easement described in "Exhibit A" and shown
on "Exhibit B" shall no longer constitute a non-buildable easement.
6. The City Council of the City of Gilroy has determined that of the non-buildable
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
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ARELLANO
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Resolution NO. 201l-25
s
APPROVED:
~
Albert Pinheiro, Mayor
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Resolution NO. 2011-25
"EXHIBIT A"
LEGAL DESCRIPTION FOR ABANDONMENT OF
A 30' NON-BUILDABLE EASEMENT
An easement over that real property situated in the City of Gilroy, County of Santa
Clara, State of California, being a portion of "Parcel 2A" as shown on the Parcel Map
filed January 15, 1988 in Book 582 of Maps, at Pages 21 and 22, Records of Santa
Clara County, California, more particularly described as follows:
Beginning at the southeast corner of said "Parcel 2A"; thence along the south line of
said "ParceI2A", S5r55'OO"W, a distance of 247.24 feet; thence N32005'OO"W, a
distance of 30.00 feet; thence N5r55'OO"E, a distance of 247.24 feet, to the east line
of said "Parcel 2A"; thence along said line S32005'OO"E, a distance of 30.00 feet to the
Point of Beginning.
As shown on "Exhibit B" made 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//,
. I
Date
LEGEND
- - - - - - EASEMENT TO BE ABANDONED
- - - - - NEW PARCEL BOUNDARY LINE
LOT LINE TO-BE -REMOVED
EXISTING LOT LINE
TIE LINE
- - - - - - EXISTING EASEMENT LINE
- - - CENTER LINE
POB POINT OF BEGINNING
PUE PUBLIC UTILITY EASEMENT
PSE PUBLIC SERVICE EASEMENT
(R) RADIAL BEARING
o
~
150
I
300
I
450
I
SCALE IN FEET: 1"= 150'
"EXHIBIT B"
PLAT TO ACCOMPANY DESCRIPTION
FOR ABANDONMENT OF A 30' NON-BUILDABLE
EASEMENT ON A PORTION OF "PARCEL 2A" AS
SHOWN ON THE PARCEL MAP FILED JANUARY 15,
1988 IN BOOK 582 OF MAPS, AT PAGES 21 AND 22
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA
CITY OF GILROY, SANTA CLARA COUNTY, CAUFORNIA
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ENGINEERS. PLANNERS. SURVEYORS
SCALE:
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JOB NO.:
102018
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-25 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)