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Resolution No. 2019-23RECORDED WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Shawna Freels — City Clerk City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 APN: 841-74-003 and 841-74-004 Ref: Banes Lane Vacation 24314466 Regina Alcomendras Santa Clara County — Clerk —Recorder 10/28/2019 02:53 PM Titles: 1 Pages: 7 Fees: 0.00 Taxes: 0 Total: 10.00 1111 KIWIAVI Space above this line for Recorder's use ORDER OF VACATION FOR PUBLIC RIGHT OF WAY RESOLUTION NO.2019-23 Banes Lane Vacation - Res RESOLUTION NO.2019-23 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 STRIP SHOWN AS PORTION OF BANES LANE SHOWN UPON THAT CERTAIN MAP ENTITLED MAP NO. 7 OF THE PARTITION OF THE LOS ANIMAS RANCHO, SUPERIOR COURT CASE 5536, SANTA CLARA COUNTY, CALIFORNIA. WHEREAS, to California Streets and Highway Code, Section 8330 et seq., the City Council may summarily vacate an excess public right-of-way for street or highway purposes by finding, from evidence submitted, that the excess right-of-way is no longer required for street or highway purposes and conforms with the provision of Section 8331 and 8334 of the California Streets and Highway Code regarding vacation of excess right-of-way; 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 proposed order of vacation of the public street for the excess public right-of-way of a street known as Banes Lane, as fully described in Exhibit "A", as attached hereto, conforms with the provisions of Section 8331 and 8334 of the California Streets and Highway Code, and it is an excess public right-of-way no longer required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That the portion of that certain 29.7 foot wide strip of land commonly known as Banes Lane, lying easterly of Alexander Street and westerly of Automall Parkway (formerly Chestnut Street), being portion of the Map No. 7 of the Partition of the Los Animas Rancho (superior Court Case 5536), and further shown on Map entitled "Parcel Map" filed November 6, 2002 in Book 755 of Maps Pages 1 and 2, Records of Santa Clara County, California, as fully described in Exhibit "A" as attached hereto, is hereby vacated; and RESOLUTION NO, 2019-23 2. That public convenience and necessity require the reservation of a Public Service Easement over the portion of Banes Lane proposed to be vacated to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for any and all existing and future public facilities; and 3. That the order of vacation of the portion of the public street known as Banes Lane, as fully described in Exhibits "A" conforms to Streets and Highways Code sections 8331 and 8334 as follows: (1) said portion of Banes Lane has been impassable for vehicular travel for a period of five consecutive years and no public money was expended for maintenance of the street during such period; and (2) said portion of Banes Lane is an excess right-of-way no longer required for street or highway purposes; and 4. That the vacation hereby releases all public right-of-way rights to the adjacent property owners for street and highway purposes that may have accrued in the property, as fully described in Exhibits "A"; and 5. That the City Council, pursuant to Streets and Highways Code, Chapter 4, section 8330 et seq., hereby orders the vacation of the portion of Banes Lane described in Exhibits "A", attached hereto, and the reservation of a Public Service Easement having determined that it is an excess right-of-way no longer required for street or highway purposes and that public convenience and necessity require the reservation of a Public Service Easement; and 6. That this Resolution shall become effective on June 3, 2019, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and 7. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the portion of Banes Lane described in Exhibit "A" shall revert to APN: 841- 74-003 and 841-74-004. RESOLUTION NO.2019-23 THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDERS THE VACATION OF A PORTION OF THE PUBLIC STREET SHOWN AS BANES LANE ON MAP NO. 7 OF THE PARTITION OF THE LOS ANIMAS RANCHO (SUPERIOR COURT CASE 5536), AND FURTHER SHOWN ON MAP ENTITLED "PARCEL MAP" FILED NOVEMBER 6, 2002 IN BOOK 755 OF MAPS PAGES 1 AND 2, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA. PASSED AND ADOPTED this 3rd day of June, 2019, by the following vote: AYES: COUNCIL MEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: Shawna Freels, CiWderk i Velasco, Mayor RESOLUTION NO.2©19-23 EX b N Il A (Legal ®escripfion to Accompany a Vacation of a ponf on of Banes Large in the City of Ulro_ , County of Santa Clara, Wtate of Calif���ruia All that real property lying within the City of Gilroy, County of Santa Clara, State of California, being a portion of Banes Lane (29.70 feet wide) as shown on that certain Parcel Map filed November 6, 2002 in Book 755 of Maps, at Pages 1 and 2, Records of said County, being more particularly described as follows: Commencing at the northeast corner of Parcel 2 as shown on said Parcel Map; thence along the northerly boundary line of said Parcel 2 North 89051'11" West 349.04 feet to the northwest corner thereof; thence leaving said boundary line North 00008'49" East 14.85 feet to a point in the centerline of said Banes Lane, said point being the True Point of (Beginning; thence along said centerline of Banes Lane No dh 89051' 11" West 25.45 feet to a point, said point being the point of intersection of said centerline with the southerly prolongation of the westerly boundary line of the Lands of Helen E. Fletcher (now Tierra Ventures, LLC) as shown on said Map; thence leaving said centerline along said prolongation North 00°16'00" East 14.85 feet to the southwest corner of said Lands of Fletcher; thence along the southerly boundary line of said Lands of Fletcher South 89051'11" East 372.82 feet to a point, said point being the point of intersection of said southerly boundary line with the northerly prolongation of the easterly boundary of said Parcel 2; thence leaving said southerly boundary line southerly along said prolongation South 03000'41" East 14.87 feet to a point on said centerline of Banes Lane; thence leaving said prolongation along said centerline North 89051'11"West 348.22 feet to the True Point of Beginning. Reserving therefrom a Public Service Easement for any and all public services. Containing 5,543 square feet of land, more or less. As shown on "EXHl Bff kl" 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 and is based on record data. John ;<. King P. L. S 6809 VOL <e► Date c ,�. MIN N:011 a , KING M- EXHIBIT Al PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR A VACATION OF A PORTION OF BANES LANE IN THE CITY OF GILROY, COUNTY OF SANTA CLARA# STATE OF CALIFORNIA MARCH, 2019 SCALE: 1 " = 60' Qo ) i I I TIERRA VENTURES, LLC i 2 0 4 ��'� PARCEL ONE O�tG� DOCUMENT: 16546203 co APN 841-74-004 I -m-j 220 00 ��. TIERRA VENTURES, LLC w a- PARCEL TWO a DOCUMENT: 16546203 Q APN 841-74-003 m in I c BANES LANE ;n S89' 5 i ' 11 "E 372.82' ao _. - Qi S 543 sq.ft. L4 - N89'51'11 "W 348.22.' N89°51'1 1 "W 349.04' TPOB — — U-) o � POC PARCEL 2 N 755 M 1-2 <<!� APN 841-16-117 43' Q�hh co j a LINE TABLE: Q q- � LINELENGTH BEARING L3 �---14.85' NOQ'08'49"E L4 25.45' ( N89'51'11 "W L5 14.85' N00' 16'00"E L6 ! 14.87' S03'00'41 "E { I LEGEND _ =-s .- �,a,•.. —_ BOUNDARY OF PUBLIC 'Ci L aeND STREET VACATION /�/ okw5� x• xr LOT LINE l° a °� ---- — - CENTERLINE — — — — — — OLD LOT LINE * �- 88u� . POC POINT OF COMMENCEMENT �T - �T �F CAl1�z?fi TPO® TRUE POINT OF BEGINNING F � RECORD DATA PER 755 MAPS 1-2 JOHN K. KING — PLS 68091 At� CIVIL ENGINEERS • LAND SLMTYCRS f T j CONSMUCTION MANAGERS DATE JN 18039 I rest EIG3.Fs=_8RY ST. I c�LRor, cA 95020 40-8.8412173 I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-23 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 3rd day of June, 2019, 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 1 lth day of July, 2019. r j2zarJqjtj�tta Deputyy Clerkof the City of Gilroy 1 (Seal)