Resolution No. 2013-40RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 22438444
) I
)
)
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDU
Recorded at the request of
County Agency
Pages i0
Fees.... - No Fees
Taxes...
Copies.
AMT PAID
RDE # 025
11/07/2013
10:03 AM
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
ORDER OF VACATION FOR PUBLIC RIGHT OF WAY
RESOLUTION NO. 2013-40
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RESOLUTION NO. 2013-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE VACATION OF A CERTAIN STRIP
OF LAND DESIGNATED AS A PORTION OF A PUBLIC
STREET RIGHT OF WAY DESIGNATED FOR PUBLIC USE,
THE STREET SHOWN AS TEA TREE COURT SHOWN UPON
THAT CERTAIN MAP ENTITLED TRACT 9967, RANCHO
HILLS FILED WITH THE COUNTY RECORDER OF SANTA
CLARA COUNTY CALIFORNIA.
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 street
when the street has been superseded by relocation; and
WHEREAS, the public street was dedicated to the city on Tract Map 9967, Rancho Hills
on September 1, 2011, which map is recorded on the County Recorder's Office Book of Maps,
book 846, pages 40 -51; and
WHEREAS, the City Council having duly considered all evidence, and followed the
procedure prescribed by law, hereby finds and determines from all evidence submitted that the
proposed order of vacation of the public street 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 public street shown as a portion of Tea Tree Court dedicated on Tract
Map 9967, Rancho Hills recorded on the County Recorder's Office Book of Maps, book 846,
pages 40 -51 has been superseded by relocation.
2. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of a portion of the street shown as Tea Tree Court
dedicated on a Tract Map 9967, Rancho Hills recorded on the County Recorder's Office Book of
Maps, book 846, pages 40 -51, described in Exhibit "A" attached hereto; and
3. This Resolution shall become effective on November XX, 2013, and shall be
recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and
4. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the public street shall no longer constitute a public street and the land subject
1JH\618265.1 -1- RESOLUTION NO. 2013 -40
031104- 13552001
to the public street shall revert to the property located at 9271 Tea Tree Court, Gilroy, California,
APN 783 -75 -001 and 9281 Tea Tree Court, Gilroy, California, APN 783 -75 -002, as described in
Exhibit `B" attached hereto, pursuant to Streets and Highway Code Section 8351.
I HEREBY CERTIFY that the forgoing is a true and correct copy of a Resolution
passed and adopted by the City Council of the City of Gilroy at a regular meeting thereof held on
the 4t' day of November, 2013, by the following role call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
APPROVED:
Donald Gage, Mayor
ATTEST:
Freels, City Clerk
1JH\618265.1 -2- RESOLUTION NO. 2013-40
031104- 13552001
"EXHIBIT A"
LEGAL DESCRIPTION
FOR VACATION OF A PUBLIC STREET
AND A PUBLIC SERVICE EASEMENT
AS SHOWN ON TRACT NO. 9967
Tea Tree Court:
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being all of "Tea Tree Court" as shown on the Map entitled "Tract 9967,
Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at Pages 40 through 51,
Records of Santa Clara County, California, being more particularly described as
follows:
Beginning at the intersection of the monument line of "Tea Tree Court" with the
southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map; thence
along said boundary line, N89 040'26 "W, a distance of 45.43 feet to the right -of -way line
of said "Tea Tree Court"; thence along said right -of -way line, N49 040'54 "W, a distance
of 103.01 feet to a tangent curve to the left having a radius of 39.00 feet; thence
continuing along said right -of -way line, westerly along said curve, through a central
angle of 62 °34'10 ", a distance of 42.59 feet to a reverse curve to the right having a
radius of 50.00 feet; thence continuing along said right -of -way line, northerly along said
curve, through a central angle of 242 034'10 ", a distance of 211.68 feet; thence
continuing along said right -of -way line, S49 °40'54 "E, a distance of 204.15 feet to a
tangent curve to the right having a radius of 122.00 feet; thence continuing along said
right -of -way line, southeasterly along said curve, through a central angle of 16 °12'42 ",
a distance of 34.52 feet to the southerly boundary line of said "Tract 9967, Rancho
Hills "; thence along said boundary line, N89 040'26 "W, a distance of 27.94 feet to the
Point of Beginning.
Containing 16,930 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Public Service Easement:
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being portions of "Lot 1 ", "Lot 2 ", and "Parcel A ", as shown on the Map
entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at
Pages 40 through 51, Records of Santa Clara County, California, being more
particularly described as follows:
All of the 10 foot wide "Public Service Easement" adjacent to "Tea Tree Court" and
lying within said "Lot 1", "Lot 2 ", and "Parcel A ".
Containing 6,104 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Page 1 of 2
END OF DESCRIPTION.
This description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
B o 9 %� /2al 3
B n Pierce, PLS 8859 Date
Expires: 12/31/2013
Page 2 of 2
AL LANOSG\
aO BRYAN o
PIERCE �o
N No. 8859 #
Q'
\FOF CAL►f
Q
LOT 2
L= 157.08' / _ � TRACT 9967 00
t1= 180'00'00 "C /� / ��2 34 1 0 "(T)�� \ ��,� 84"'���/// /�� 9.36 36 AC± ACt 04
643, R,7 0 � \ \ 00
-56 0 O 4 0 , \ Z
1 1� TEA TREE COURT 4 \'�srg_ \
TRACT 9967
846 -M -40
16,930 SFf
.O
42.59' 9�`�� \ \
--R--39,00'
L=54.60' ApQs9 \\
�O L= 54.60' 0= 62'34'10 \ `� �G sj -p�
o�C 6= 62'34'10" �\ SQj6 pp�` \ \2„
LOT 1
TRACT 9967 ��� \ o, Q•
846 -M -40
11,899 SF
164.32' 237.57' 45.4_3' _ _27.93'
N89'40'26 "W I 475.25'(T)
8
7 TRACT 9473
789 -M -37
0
NL AND G\
a B YAN
PIERCE
*
0.8859
\ \OF CALF -
PARCEL A
TRACT 9967
846 -M -40
'31'48
LOT B
TRACT 8853
681-M-23
0 50 100 150
SCALE IN FEET: 1 "= 50'
SHEET 1 OF 1
"EXHIBIT A" a n
PLAT TO ACCOMPANY DESCRIPTION FOR
THE VACATION OF THE PUBLIC RIGHT —OF —WAY
NAMED TEA TREE COURT & ADJACENT PUBLIC
SERVICE EASEMENT AS SHOWN ON THE MAP RUGGERI- JENSEN -AZAR
ENTITLED "TRACT 9967, RANCHO HILLS ", FILED ENGINEERS ■ PLANNERS ■ SURVEYORS
SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, ecE: (408 11
ARROYO clear, ��
PAGES 40 THROUGH 51, PHONE: I. `��- 84e-0300 Ak (46�) e --
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SCALE: DATE: JOB NO.:
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA I 1" = 50' 08/22/2013 1 062025
LEGEND
P 0 B
POINT OF BEGINNING
P O C
POINT OF COMMENCEMENT
- - -
BOUNDARY LINE
EXISTING LOT LINE
— — — — —
— — EASEMENT LINE
- —
CENTERLINE /MONUMENT LINE
(R)
RADIAL BEARING
(T)
TOTAL DIMENSION
PSE
PUBLIC SERWCE EASEMENT
0
NL AND G\
a B YAN
PIERCE
*
0.8859
\ \OF CALF -
PARCEL A
TRACT 9967
846 -M -40
'31'48
LOT B
TRACT 8853
681-M-23
0 50 100 150
SCALE IN FEET: 1 "= 50'
SHEET 1 OF 1
"EXHIBIT A" a n
PLAT TO ACCOMPANY DESCRIPTION FOR
THE VACATION OF THE PUBLIC RIGHT —OF —WAY
NAMED TEA TREE COURT & ADJACENT PUBLIC
SERVICE EASEMENT AS SHOWN ON THE MAP RUGGERI- JENSEN -AZAR
ENTITLED "TRACT 9967, RANCHO HILLS ", FILED ENGINEERS ■ PLANNERS ■ SURVEYORS
SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, ecE: (408 11
ARROYO clear, ��
PAGES 40 THROUGH 51, PHONE: I. `��- 84e-0300 Ak (46�) e --
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SCALE: DATE: JOB NO.:
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA I 1" = 50' 08/22/2013 1 062025
"EXHIBIT B"
LEGAL DESCRIPTION
FOR VACATION OF A PUBLIC STREET
AND A PUBLIC SERVICE EASEMENT
AS SHOWN ON TRACT NO. 9967
Lot 1 After Street Vacation:
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being all of "Lot 1" and a portion of "Tea Tree Court" as shown on the Map
entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at
Pages 40 through 51, Records of Santa Clara County, California, being more
particularly described as follows:
Beginning at the intersection of the monument line of "Tea Tree Court" with the
southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map; thence
along said southerly line, N89 °40'26 "W, a distance of 283.00 feet to the west line of
said "Lot 1 "; thence along said west line, N40 019'06 "E, a distance of 154.68 feet to the
monument line of "Tea Tree Court ", as shown on said map, and the beginning of a non
tangent curve to the right, of which the radius point lies S03 °37'38 "E, a radial distance
of 100.00 feet; thence along said monument line, easterly along said curve, through a
central angle of 43 056'44 ", a distance of 76.70 feet; thence continuing along said
monument line, S49 040'54 "E, a distance of 134.76 feet to a tangent curve to the right
having a radius of 100.00 feet; thence continuing along said monument line,
southeasterly along said curve, through a central angle of 07 °16'21 ", a distance of
12.69 feet to the Point of Beginning.
Containing 19,281 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Lot 2 After Street Vacation:
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being all of "Lot 2" and a portion of "Tea Tree Court" as shown on the Map
entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at
Pages 40 through 51, Records of Santa Clara County, California, being more
particularly described as follows:
Beginning at the intersection of the monument line of "Tea Tree Court" with the
southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map, said
point being the beginning of a curve to the left, of which the radius point lies
S47 035'27 "W, a radial distance of 100.00 feet; thence along said monument line,
northwesterly along the arc, through a central angle of 07 016'21 ", a distance of 12.69
feet; thence continuing along said monument line, N49 040'54 "W, a distance of 134.76
feet to a tangent curve to the left having a radius of 100.00 feet; thence continuing
along said monument line, westerly along said curve, through a central angle of
Page 1 of 2
43 °56'44 ", a distance of 76.70 feet; thence leaving said monument line, S40 019'06 "W,
a distance of 154.68 feet to the south line of said "Lot 2 ", and the west corner of "Lot
1 ", as shown on said map; thence along said south line, N89 °40'26 "W, a distance of
164.32 feet to the west line of said "Lot 2 "; thence along said west line, N00 °25'42 "W, a
distance of 1,400.00 feet to the north line of said "Lot 2 "; thence along said north line,
S65 °36'05 "E, a distance of 358.08 feet to the east line of said "Lot 2 ", thence along
said east line, S33 °06'02 "E, a distance of 80.00 feet; thence continuing along said east
line, S12 039'34 "E, a distance of 192.71 feet; thence continuing along said east line,
S77 °20'26 "W, a distance of 283.34 feet; thence continuing along said east line,
SO4 °21'45 "E, a distance of 213.99 feet to a tangent curve to the left having a radius of
250.00 feet; thence continuing along said east line, southerly along said curve, through
a central angle of 25 055'00 ", a distance of 113.08 feet; thence continuing along said
east line, S30'1 6'45"E, a distance of 60.00 feet to a tangent curve to the left having a
radius of 200.00 feet; thence continuing along said east line, southeasterly along said
curve, through a central angle of 35 00512 ", a distance of 122.48 feet; thence
continuing along said east line, S65 °21'57 "E, a distance of 50.00 feet to a tangent
curve to the right having a radius of 150.00 feet; thence continuing along said east line,
southeasterly along said curve, through a central angle of 17 018'46 ", a distance of
45.32 feet; thence continuing along said east line, N41 °56'49 "E, a distance of 37.00
feet to the beginning of a non tangent curve to the right, of which the radius point lies
S41 °56'49 "W, a radial distance of 187.00 feet; thence continuing along said east line,
southeasterly along said curve, through a central angle of 36 °08'11 ", a distance of
117.94 feet; thence continuing along said east line, S11 °55'00 "E, a distance of 80.42
feet; thence continuing along said east line, S00 019'34 "W, a distance of 287.18 feet to
the south line of said "Tract 9967 "; thence along said south line, N89 °40'26 "W, a
distance of 27.94 feet to the Point of Beginning.
Containing 9.575 acres, more or less.
As shown on the Plat attached hereto, and made a part hereof.
END OF DESCRIPTION.
This description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
B n Pierce, PLS 8859 Date
Expires: 12/31/2013
Page 2 of 2
pl LAIy�sG\
aBRYAN 0
PIERCE �o
N No. 8859
CAL%%'ON
�ss36\
3s8 08.
t
z
� N
I w
tit � o
a
� N
3
o�
1 ' in
�� IN
o Io
w Iz
14
I
o
N
0 26„E 2$3.34, j
z
0
N_
PARCEL A
cC°o TRACT 9967
845 —M -40
1;
aBRYAN
PIERCE
*
NO 8859
\or CAO
LOT 2 \' I
TRACT 9967
846 —M -40
AFTER STREET VACATION U
9.575 ACt
i
"
' FORMER
RADIUS
LOT LINE-1
�1
LOT 1 A 0p
i TRACT 9967 / r
wi
846 —M -40 ( C6 \ /ELF
rn
'AFTER STREET \
' VACATION L9 R
200.00'
19,281 SFf �/ `C
C3
164.32'_ �
150.00'
_ _ _283.00_
C4
10 — N89'40'26 "W 475.25'(T)
187.00'
9 a 7 g
TRA 9473 POBr
C5
739— M -37
I
LOT 3
TRACT 9967
345 —M -40
PARCEL A
'5 TRACT 9957
27.94' 845 —M -40
•IC
(R)
(T)
PSE
lool"plelt
POINT OF BEGINNING
BOUNDARY LINE
EXISTING LOT LINE
RADIAL BEARING
TOTAL DIMENSION
PUBLIC SERVICE EASEMENT
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
113.08'
250.00'
25'55'00"
C2
122.48'
200.00'
35'05'12"
C3
45.32'
150.00'
17'18'46"
C4
117.94'
187.00'
36'08'11"
C5
1 12.69'
100.00'
7'16'21"
C6
1 76.70'1
100.00'
43'56'44"
LINE TABLE
LINE
BEARING
DIST
L1
N33'06'02 "W
80.00'
L2
N30'1 6'45 "W
60.00'
L3
N65'21'57 "W
50.00'
L4 (R)
N41 *56'49 "E
37.00'
L5
1 N11- 55'00 "W
80.42'
L6
N49'40'54 "W
134.76'
L7
N40'19'06 "E
154.68'
L8 (R)
N47'35'27 "E
100.00'
L9 (R)
NO3'37'38 "W
100.00'
LOT B 0 200 400 600
TRACT aa53
681—M-23
SCALE IN FEET: 1 "= 200'
SHEET 1 OF 1
'EXHIBIT B" A
PLAT TO ACCOMPANY DESCRIPTION FOR
THE VACATION OF THE PUBLIC RIGHT —OF —WAY it ll
NAMED TEA TREE COURT & ADJACENT PUBLIC
SERVICE EASEMENT AS SHOWN ON THE MAP RUGGERI- JENSEN -AZAR
ENTITLED "TRACT 9967, RANCHO HILLS ", FILED ENGINEERS ■ PLANNERS • SURVEYORS
SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, PH ONE: ;4081 84-8-0300 FAX: (405) 845 -0302
PAGES 40 THROUGH 51,
RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SCALE: DATE: JOB NO.:
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA 1 1 " = 200 08/22/2013 1 062025
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -40 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 4`h day of November, 2013, 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 6t' day of November, 2013.
Sha)kna Freels, MME/
City Clerk of the City of Gilroy
(Seal)