Resolution 1996-12
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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
IRPJ\303488.01
62-032604706002
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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
AP~J.
Donald F. Gage, M or
IRP J\30348801
62-lJ3260471l6OO2
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RESOLUTION NO. 96-12
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.fARCEL W
QATL AUGUST 1994 HANNA & BRUNETTI PORTION OF
SCALE: ,. = 60' CML ENGINEERS &< LAND SURVKYORS PARCEL TO CITY OF GILROY
7651 E1GLEBERRY STREET BOOK 343 DEEDS 72
JOB NO. 92038 GaROY. CALIFORNIA. 95020
OF 1 (40B) 842-2173 WELBURN AVENUE
SHEET NO,
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Parcel W
EXHI. "B"
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A Parcel of land in the City of Gilroy, Santa Clara County, California, being a portion of Sub Lot 43, as
shown on Map 8, "Las Animas Partition Suit of Henry Miller, et al vs. Thomas Massey, et al " Superior
Court Ca>e No. 5536, being more particularly described as follows:
Beginning at the most northerly corner of Parcel 8, as shown on that Record of Survey filed for record in
Book 115 of Maps, at page 24, records of said County;
I) thence along the northerly line of said Parcel 8 and Parcel 7 of said Record of Survey
South 70000' 00" West 285.79 feet to the mo~t we~terly corner of said Parcel 7;
2) thence along the westerly line of said Parcel 7 South 19055' 30" East 23.57 feet to a point;
3) thence leaving said westerly line, along a curve to the right with a chord bearing of
North 55017' 15" West, having a radius of 15.00 feet, through a central angle of 70034' 30", an arc
distance of 18.48 feet to a point of tangency;
4) thence North 20000' 00" West 14.43 feet to a point of curvature ;
5) thence along a curve to the left, having a radius 0125.00 feet, through a central angle of 90000' 00",
an arc distance of 3917 feet to a point of tangency;
6) thence along the South line of Sub Lot 45, as ~hown on said Map 8, "Las Anima~ Partition Suit of
Henry Miller, et al V1. Thoma~ Massey, et al" Superior Court Case No. 5536 North 70000' 00" Ea~t 319.13
to a point on the we~terly line of Monterey Road;
7) thence along said we~terly line of Monterey Road South no 14' 30" East 30.05 feet to the Point of
Beginning.
Containing 9,182 square feet of land, more or1e~1.
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Ilanna & lkun.:11l
7651 Eigleben-y Street
Gilroy, Califomia 95020-5122
Civil Engineers - Land Su.\'cyon
408-842.2173
Fax 842-3661
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I, SUSANNE E. STEINMETZ, 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
which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
March
, 19~, at
Official Seal of the City of Gilroy this 28th day of
March
,1996.
(Seal)