Resolution No. 96-12
RECORDING REQUESTED BY
CITY OF GILROY
WHEN RECORDED MAIL TO:
SUSANNE E. STEINMETZ,City Clerk
City of Gilroy
7351 Rosanna Street'
Gilroy, CA 95020
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ROE ** 011
4/04/1996
2:41 PM
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
DOCUMENT:0013245895 Titles:1 / Pages: 6
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RESOLUTION NO. 96 - 12 Welburn Ave.Vacation (portion of)
DOCUMENT TI TLE
SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
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P 2 j 3 PA GE 0302
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RESOLUTION NO. 96-12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY VACATING A PORTION OF
WELBURN AVENUE AS A PUBLIC STREET
WHEREAS, the City Council has found that a public works
project to widen, realign, and relocate a portion of Welburn Avenue
complies with the provisions of the Circulation Element of the
city's General Plan; and
WHEREAS, on September 5, 1995, the City Council declared
its intent to vacate a portion of the public street named Welburn
Avenue pursuant to Division 9, Part 3, Chapter 4 of the California
Streets and Highways Code; and
WHEREAS, the property to be vacated, a portion of the
public street named Welburn Avenue, is shown as Parcel W on the map
dated August 1994, prepared by Hanna & Brunetti, which is attached
hereto as Exhibit A.
Parcel W is more particularly described by
the description which is attached hereto as Exhibit Band
incorporated herein by this reference; and
WHEREAS, the Planning Commission at its duly noticed
meeting on September 7, 1995 found that the vacation of Parcel W
conforms with the City's General Plan; and
WHEREAS, construction relocating a portion of Welburn
Avenue is now complete; and
WHEREAS, the City owns the title to Parcel W.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
Summary vacation of Parcel W is appropriate because said
vacation:
A. Does not cut off all access to any person's property
because all adjacent properties retain points of ingress and egress
from public thoroughfares; and
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RESOLUTION NO. 96-12
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B. Does not terminate any public service easements; and
C. Parcel W is excess right-of-way which is not required
for street purposes.
SECTION II
The portion of the public street named Welburn Avenue that is
described herein as Parcel W should be and hereby is vacated as a
public street under Division 9, Part 3, Chapter 4 of the California
streets and Highways Code and shall no longer constitute a street
from and after the date that this resolution is recorded.
SECTION III
The City Clerk shall cause a certified copy of this
resolution, attested by the Clerk under seal, to be recorded in the
office of the Santa Clara County Recorder pursuant to Section 8336
of the California Streets and Highways Code.
PASSED AND ADOPTED this 25th day of March, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
/s/ DONALD F. GAGE
Donald F. Gage, Mayor
ATTEST:
/s/ SUSANNE E. STEIN}~TZ
Susanne E. Steinmetz, City Clerk
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RESOLUTION NO. 96-12
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EXHIBIT "A" I
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rma.. W 9.182 sq.fl
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"c.uss ~~r " 2.451 sq.tt. APN
M:.CtsS t"~f ~ 1.651 sq. ft.
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I NEILSON COUGLAS S & ELIZABETH C
I CASTlE JAMES & SYLVIA C
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DATE:
AUGUST 1994
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92038
1 OF 1
HANNA & BRUNETTI
CML ENGINEERS ok LAND SURVEYORS
7651 ElGLEBERRY STREET
GaROY, CALIFORNIA, 95020
(408) 842-2173
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PORTION or
PARCEL TO CITY or GILRO'
BOOK 343 DEEDS 72
WELBURN AVENUE
SCALE:
JOB NO.
SHEET NO.
Parcel W
EXHIBIT "B"
P 2 7 3 PA GE 03 05
A Parcel of land in the City of Gilroy, ~nta Clara County, California, being a portion of Sub lot 43, as
shown on Map 8, H Las Animas Partition Suit of Henry Miller, et al vs. Thomas Massey, et al H Superior
Court Case No. 5536, being more particularly described as follows:
Beginning at the most northerly comer of Parcel 8, as shown on that Record of Survey filed for record in
Book 115 of Maps, at page 14, records of said CoURty ;
I) thence along the northerly line of said Parcel 8 and Parcel 7 of said Record of Survey
South 100 001 OOH West 285.19 feet to the most westerly comer of said Parcel 1;
2) thence along the westerly line of said Parcell South 19055' 3011 East 23.51 feet to a point;
3) thence leaving said westerly line, along a curve to the right with a chord bearing of
North 550 111 1511 West, having a radius of 15.00 feet, through a central angle of 700341 3011, an arc
distance of 18.48 feet to a point of tangency;
4) thence North 200001 0011 West 14.43 feet to a point of curvature ;
5) thence along a curve to the left, having a radius of 25.00 feet, through a central angle of 900 001 00",
an arc distance of 3911 feet to a point of tangency ;
6) thence along the South line of Sub lot 45, as shown on said Map 8, II Las Animas Partition Suit of
Henry Mmer, et al vs. Thomas Massey, et alII Superior Court Case No.5536 North 70000' 0011 East 319.13
to a point on the westerly line of Monterey Road ;
7) thence along said westerly line of Monterey Road South 230 14' 30" East 30.05 feet to the Point of
Beginning.
Containing 9,182 square feet of land, more or1ess.
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Hanna & Brunetti
76~ 1 Eiglcbcny Street
Gilroy, Califomia 95020.~ 122
Civil Enginea1i . Land SwveyOf'S
..08.842.2173
Fax 842-3662
P 2 7 3 PA Of 0 3 06
I, SUSANNE E. STEIHHETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-12 is an original
resolution, duly adopted by the COuncil of the City of Gilroy at a regular
meeting of said COuncil held on the 25th day of March , 19~, 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 ~ day of March ,1996.
(Seal)