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Resolution No. 2013-42I t RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22438443 IIT C RECINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER ER Recorded at the request County Agency Pages; ees.... + No Fees axes... opies.. �- AMT PAID ROE # 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 -42 SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 J, RESOLUTION NO. 2013-42 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 WREN AVENUE SHOWN UPON THAT CERTAIN MAP ENTITLED PARCEL MAP RECORDED IN MAP BOOK 745, PAGES 20 -21 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and Highway Code, Section 8330 et seq., the City Council may summarily vacate a public street when the street has been superseded by relocation; and WHEREAS, the public street was dedicated to the city on a parcel map on November 27, 2001, which map is recorded on the County Recorder's Office Book of Maps, book 745, pages 20 -21; 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 Wren Avenue dedicated on a parcel map recorded on the County Recorder's Office Book of Maps, book 745, pages 20 -21 has been superseded by relocation. 2.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 Wren Avenue dedicated on a parcel map recorded on the County Recorder's Office Book of Maps, book 745, pages 20 -21, described in Exhibit "A" attached hereto; and 3. This Resolution shall become effective on November 4, 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 1JH1618265.1 RESOLUTION NO. 2013-42 031104- 13552001 t to the public street shall revert to the property located at 291 Vickery Lane, Gilroy, California, APN 790 -08 -031, 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 4h 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 ATTES APPROVED: Donald Gage, Mayor IJH1618265.1 RESOLUTION NO. 2013-42 031104- 13552001 go "EXHIBIT A" LEGAL DESCRIPTION FOR A PUBLIC STREET VACATION OF A PORTION OF WREN AVENUE All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being a portion of Wren Avenue as shown on the Parcel Map filed November 27, 2001 in Book 745 of Maps, at Pages 20 and 21, Records of Santa Clara County, California, more particularly described as follows: Beginning at point on the easterly right -of -way line of Wren Avenue, as shown on said Map, said point being the northwest corner of "Lot 1", as shown on the map entitled "Vickery Lane Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795 of Maps, at Pages 39 and 40, Records of Santa Clara County, California; thence along the west line of said "Lot 1 ", S07 005'21 "E, a distance of 79.96 feet to a tangent curve to the left having a radius of 20.00 feet; thence continuing along said west line, southeasterly along said curve, through a central angle of 90 °07'10 ", a distance of 31.46 feet; thence leaving said west line, S07'1 1'45"E, a distance of 10.96 feet; thence S82 039'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of 31.00 feet; thence northwesterly along said curve, through a central angle of 79 °02'27 ", a distance of 42.77 feet; thence N18 °18'29 "W, a distance of 87.60 feet to the south line of "Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November 29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara County, California; thence along said south line, N82 047'29 "E, a distance of 39.90 feet to the Point of Beginning. Containing 3,384 square feet, 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. NAI LgN,o - --- O�� 161Z 312 0 i 3 Br an Pierce, PLS 8859 Date a BRYAN PIERCE Expires: 12 /31/2013 N1 No. 8859 91� N OF CAL1F0 Page 1 of 1 r n7 52 9 „E pOB BOUNDARY LINE EASEMENT LINE PSE PUBLIC SERVICE EASEMENT (T) TOTAL DIMENSION (R) RADIAL BEARING POB POINT OF BEGINNING 0 30 60 90 SCALE IN FEET: 1 "= 30' TRACT 9950 a57- -15 121.64'(j) B1.74' LOT 51 I LINE BEARING CD II z TRAM 9752 ° 0 I 795 -M -39 -{ I o a,088 I v u� r' o o I I I o o I \��7 ` N82'47'29 "E 61.70 r N L1 v1CKER'l LANE LINE TABLE LINE BEARING DIST L1 N82 °39'04 "E 12.37' L2 N07 °1 1'45 "W 10.96' CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 31.46' 20.00' 90 °07'10" C2 42.77' 31.00' 79 °02'27" SHEET 1 OF 1 "EXHIBIT A" A PLAT TO ACCOMPANY DESCRIPTION FOR 1� 11 THE VACATION OF A PORTION OF WREN J AVENUE AS SHOWN ON THE PARCEL MAP RUGGERI- JENSEN -AZAR FILED NOVEMBER 27, 2001 IN BOOK 745 ENGINEERS • PLANNERS • SURVEYORS OF MAPS, AT PAGES 20 AND 21, RECORDS OE: OF SANTA CLARA COUNTY, CALIFORNIA SCALE: DATE: JOB NO.: GILROY, CALIFORNIA 1 1 " =30' 08/21/2013 1 042035 "EXHIBIT B" LEGAL DESCRIPTION OF PROPERTY AFTER STREET VACATION All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being all of "Lot 1 ", as shown on the map entitled "Vickery Lane Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795 of Maps, at Pages 39 and 40, Records of Santa Clara County, California, and a portion of Wren Avenue as shown on the Parcel Map filed November 27, 2001 in Book 745 of Maps, at Pages 20 and 21, Records of Santa Clara County, California, more particularly described as follows: Beginning at the northeast corner of said "Lot 1 "; thence along the east line of said "Lot 1", S07 °05'21 "E, a distance of 100.00 feet to the north line of Vickery Lane, as shown on said Map; thence along said north line, S82 047'29 "W, a distance of 61.70 feet; thence leaving said north line, S07'1 1'45"E, a distance of 10.96 feet; thence S82 °39'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of 31.00 feet; thence northwesterly along said curve, through a central angle of 79 002'27 ", a distance of 42.77 feet; thence N18 °18'29 "W, a distance of 87.60 feet to the south line of "Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November 29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara County, California; thence along said south line, N82 047'29 "E, a distance of 121.64 feet to the Point of Beginning. Containing 11,472 square feet, more or less. As shown on the Plat attached hereto, and made a part hereof. Reserving therefrom, a "Public Service Easement" for any and all public services, described as follows: All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being a portion of Wren Avenue as shown on the Parcel Map filed November 27, 2001 in Book 745 of Maps, at Pages 20 and 21, Records of Santa Clara County, California, more particularly described as follows: Beginning at point on the easterly right -of -way line of Wren Avenue, as shown on said Map, said point being the northwest corner of "Lot 1 ", as shown on the map entitled "Vickery Lane Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795 of Maps, at Pages 39 and 40, Records of Santa Clara County, California; thence along the west line of said "Lot 1 ", S07"05'21 "E, a distance of 79.96 feet to a tangent curve to the left having a radius of 20.00 feet; thence continuing along said west line, southeasterly along said curve, through a central angle of 90 007'10 ", a distance of 31.46 feet; thence leaving said west line, S0701 1'45"E, a distance of 10.96 feet; thence S82 039'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of 31.00 feet; thence northwesterly along said curve, through a central angle of 79 002'27 ", Page 1 of 2 r� a distance of 42.77 feet; thence N18 °18'29 "W, a distance of 87.60 feet to the south line of "Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November 29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara County, California; thence along said south line, N82 °47'29 "E, a distance of 39.90 feet to the Point of Beginning. Containing 3,384 square feet, 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. /viz 3120/ 3 � ��S�ONAL Lg1V,s� Br an Pierce, PLS 8859 Date p 9G Expires: 12 /31/2013 4 BRYAN * PIERCE N No. 8859 91�OR CALIF0��/ Page 2 of 2 1RA( 9950 1_0-7 51 1 nT 52 857 - A -15 _ 7'29"E 1_64'(T�74 - , pOB(LOT 1) '10.00 71. � -/-TpOB(PSE) irl � TRACOT 9752 0 STREET , -{ AFTER N I o VACATION 11,472 SFi I� I D Ln I � r n I I ,o I I I I I I I N822 71 6 -_- -- c- N L1 v1CKERY IANE BOUNDARY LINE EASEMENT LINE PSE PUBLIC SERVICE EASEMENT (T) TOTAL DIMENSION (R) RADIAL BEARING POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 0 30 60 90 SCALE IN FEET: 1 "= 30' "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR THE VACATION OF A PORTION OF WREN AVENUE AS SHOWN ON THE PARCEL MAP FILED NOVEMBER 27, 2001 IN BOOK 745 OF MAPS, AT PAGES 20 AND 21, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CALIFORNIA LINE TABLE LINE BEARING DIST L1 N82 °39'04 "E 12.37' L2 N07 °1 1'45 "W 10.96' CURVE TABLE CURVE LENGTH I RADIUS DELTA Cl (T) 31.46' 20.00' 90 °07'10" C2 42.77' 31.00' 79 °02'27" SHEET 1 OF 1 nj1 RUGGERI- JENSEN -AZAR ENGINEERS - PLANNERS - SURVEYORS SCALE: DATE: JOB NO.: 1 " =30' 08/21/2013 1 042035 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -42 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 46' 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 6b day, of November, 2013. Shewna Freels, MMC City Clerk of the City of Gilroy (Seal)