Resolution No. 96-15
WHEN RECORDED MAIL TO:
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BRENDA DAVIS ROE ** 011
SANTA CLARA COUNTY RECORDER 4/04/1996
Recorded at the request of 2:41 PM
Ci ty
DOCUMENT:0013245896 Tit I es: 1 / Pages: 6
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-0013245896-
AMT PAID
RECORDING REQUESTED BY
City of Gilroy
Susanne B. steinmetz,cityCl
City of Gilroy
7351 Rosanna st.
Gilroy, CA 95020
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
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. Resolution No. 96-15 Vacating Portions of Carlyle Ave'. Homer
Ave. and ~cc~f~~~TD~qtEation of Portion of Church Street.
SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
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RESOLUTION NO. 96-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY VACATING PORTIONS OF CARLYLE AVENUE
AND A PORTION OF HOMER AVENUE FOR USE AS A
PUBLIC STREET AND ACCEPTING THE DEDICATION OF
A PORTION OF CHURCH STREET
WHEREAS, the City Council finds that two areas of the
Carlyle Avenue right of way owned by the City, the first
constituting approximately 609.77 square feet and the second
constituting approximately 51 square feet, which areas are depicted
on the map attached hereto as Exhibit A, are excess and are not
required for street or highway purposes given the alignment and
public use of Church Street; and
WHEREAS, the City Council further finds that the Homer
Avenue right of way depicted on the map attached hereto as Exhibit
A is excess and is not required for street or highway purposes
given the area's public street alignment and the requirements of
the Circulation Element of the City's General Plan; and
WHEREAS, approximately 355.76 square feet of property
improved as a portion of Church Street, which property is depicted
on the attached Exhibit A, is now offered to the City by dedication
by final Tract Map No. 8802, which shall be permanently maintained
by the City; and
WHEREAS, California Streets and Highways Code Section
8334 authorizes the City to summarily vacate excess street right of
ways not required for street or highway pll;rposes; and
WHEREAS, the City Council has resolved that Government
Code Section 65402 shall not apply to the acquisition or
disposition by vacation of property that is of a minor nature;
IRPJ\302885.01
61-032004706002
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RESOLUTION NO. 96-15
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NOW, THEREFORE, BE IT RESOLVED THAT
SECTION I
Summary vacation of the Carlyle Avenue right of way areas and
the Homer Avenue right of way area which is depicted on Exhibit A,
all of which are more particularly described on the final Tract Map
No. 8802 which shall be permanently maintained by the City, is
appropriate because said vacations are found to be minor in nature
and:
A. Do not cut off access to any person's property
because all adjacent properties retain ingress and egress from
public thoroughfares; and
B. Do not terminate any public service easements; and
C. Vacate areas of excess right-of-way which are not
required for street purposes.
SECTION II
The portions of the Carlyle Avenue and Homer Avenue rights of
way that are described herein should be and hereby are vacated
under Section 8334 of the California Streets and Highways Code from
and after the date that this resolution is recorded.
SECTION III
The dedication of approximately 355.76 square feet of property
improved as a portion of Church Street, which property is depicted
on the attached Exhibit A and is more particularly described on
Final Tract Map No. 8802 which shall be permanently maintained by
the City, is minor in nature and should be and hereby is accepted
by the City.
\RPJ\302885.01
61-032004706002
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RESOLUTION NO. 96-15
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SECTION IV
The City Clerk shall cause a certified copy of this resolu-
tion, 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. STEINMETZ
Susanne E. Steinmetz, City Clerk
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RESOLUTION NO. 96-15
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EXHIBIT "A"
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Photographic image may be
poor due to condition of
,original document.
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I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-15 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
, 19-2,L, 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 28th day of
March
,1996.
~~&cl/Cr
City Clerk of the City 'of Gi~q -- 0
(Seal)