Resolution 2001-81
RESOLUTION NO. 2001-81
A RESOLUTION ORDERING THE VACATION OF 0.299
ACRES OF NINTH STREET AND PUBLIC UTILITY
EASEMENT RESERVATION LOCATED ON THE NORTH
SIDE OF NINTH STREET BETWEEN UNION PACIFIC
RAILROAD AND ALEXANDER STREET, GILROY,
CALIFORNIA.
BE IT RESOLVED by the City Council of Gilroy as follows:
WHEREAS, pursuant to the provisions of Section 8334 of the California Streets and
Highway Code, the City Council may summarily vacate an excess public right-of-way of a street
not required for street or highway purposes;
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
excess public right-of-way of a street described in Exhibit A" as attached hereto, conforms with
the provisions of Section 8334 of the California Streets and Highway Code, and it is not required
for street or highway purposes.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GILROY, AS FOLLOWS:
A. That the following portion of a public right-of-way for street or highway purposes
in the City consisting of 0.299 acres of Ninth Street, as fully described in
Exhibit "A" is hereby vacated;
B. That the vacation hereby releases all public right-of-way rights to the adjacent
property owner for street or highway purposes that may have accrued in the
property as fully described in Exhibit "A"; and
UH\535638.1
01-112504706002
-1-
Resolution No. 2001-81
C. That a public utility easement and right-of-way for utilities in, on, over, under,
along and across the property as fully described in Exhibit A" is hereby retained
by the City for the purpose of constructing, installing, operating, maintaining,
repairing and replacing public and City utility facilities, including a reasonable
right of ingress and egress over adjoining lands of the City.
PASSED AND ADOPTED this 17th day of December, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
Tho~as ~:c;:;,~y~#-
~;;tM(,,2~~c
Rhoiida Pellin, City Clerk
UH\535638.1
01-112504706002
-2-
Resolution No. 2001-81
12-11-201 5,30PM
FROM UNDERWOOD ROSENBLUM 4084531207
P.1
vALEXANDER STREET
821"52'OO'E
- -
479.89'
L.J
S
LANDS OF UNION
RAILROAD COMPANY
FORMERLY SOUTHERN
PACIFIC RAILROAD COMPANY
PARCEL 1
501 M 7
~
~
z
1-41
ZI
AREA OF SlREET ABANDONMENT
AND PUBUC UTILITY RESERVA nON
~
L-30.16
Ra2879.82
I 000' 36' 00'
NC!O'oO'OO''''
285.41'
UNION PACIFIC RAILROAD
FORMERLY SOUlHERN
PACIFIC RAILROAD COMPANY
b
o
~
30'
REVISED: 12-11-01
III
UNDERWOOD &
. ROSENBLUM, INC.
elyil engineers and surveyors
1530 0Iibd !toad ~Il, A114 5M .... Cl:t 95'13'1
Td.Nc.(<<i)011222 F..Mo.(~4Sl1ZJ7
17.YmlllT "A"
PUT OF DESCRIPTION
NINTH l)'J'1ClSlS'.r ABANDONllENT
NORTH SIDE
Dote: 7-t2-01
Saala 1"'-60*
ClIlJl\Jl' CoIURlRNII\
Own by. JW,lAM
Job No. 9660
12-11-201 4,02P~~
FROM UNDERWOOD ROSENBLUM 4084531207
P_3
EXHIBIT "A"
lEGAL DESCRIPTION
STREET ABANDONMENT
AND PUBLIC UTILITY EASEMENT RESERVATION
NORTH SIDE OF NINTH STREET
BETWEEN UNION PACIFIC RAILROAD
AND ALEXANDER STREET
9660
December 11, 2001
All that certain real property situate in the City of Gilroy, County of Santa Clafa, State of California, described as
follows:
Beginning at the intersection of the centerline of Ninth Street, 60 feet wide, and the Easterly line of Union Pacific
Railroad, (formerly Southern Pacific Transportation Company), 100 feet wide, as shown on that certain Parcel Map
recorded on June 2, 1982. in Book 501 of Maps at Page 7, Santa Clara County Records;
Thence. along said centerline, North 70000'00' East, 390_84 feet;
Thence, leaving said centerline, North 20"00'00" West. 30.00 feet to the NOflherly line of Ninth street as shown on
the aforementioned Parcel Map;
Thence, aiong said Northerly line. South 70'00'00' West. 432.77 feet to the beginning of a non-tangent curve;
Thence, southerly, along a non-tangent curve, concave to the east. with a radial bearing of North 76'09'10' East, and
a radius of 2879.82 feet, through an included angle of 0"36'00' for an arc length of 30_16 feet to a point with a radial
bearing of North 75'33'10"Easl, said point lying on the aforementioned centerline of Ninth Street;
Thence, along said centerline. North 70"00'00' East, 45.01 feet to the Point of Beginning otthe property being herein
described and containing 0.299 acres of land more or less_
Reserving therefrom. an easement and right of way for utilities in, on, over. under, along and across the hereinabove
described real property, situate In the City of Gilroy, County of Santa Clara. Stale of California, for the purpose of
constructing, instamng, operating, maintaining, repairing. and replacing pubHc and City utility facilities, including a
reasonable right of ingress and egress over adjoining lands of Grantee.
The easement may be used for parking, driveways and landscaping which wili not interfere with use of the easement.
\ ..-',."
, -..\.. \ ,
\ .' \ \ \,
, I I
\ ~. ,""\ \ \ ~-_\ -- ~- -- --\
--\- \ ' \ - \/ \ ..
_ -\ \ ' \_ _ ______\- /- -- ~age 1 o~ 2 \ _
__il,., ~..\\ \,.. \ ------"-"~--- -- II \ \, - ------\,--------- \.,
, \ ' ,------\".. \ --- '\" .. \
, -.. .---r - ~______ --r-- \ i \ __------r--... I ..
/ \ \ --\-------- '\ ' \ 't--------\ \, I \ _-\'
-.---.. , ", ~ ------ I II ' 1_-------- \ ...
---\-- , .. I _ -- \ - I \, ___.--- \ I --I \ I
I . " ------\---- \
\ ,~---, , \ ..-------\-------- !,-- \, ._-------~---------\---- \ \ -------~----------
___~\--.JJ3e'~allli;;~~, SUllllAl~ ~i, _~~,\&A8~i3J \, ~ (488__-~~3.!~-C Fa*\(48811153-12IJ1 __Jl..J......t~lIlr.eom \,
-.-, I, \ \_ \ \ \ \
\ \ \--- -' \ \ \ \, __...-----~\-~ \ \ 4~._.-'- ..'--- \ \ \
I \ ~~-r , \ \ --1- ...' .__..N" , \ \ .+_u_
\ 1-..----- \ \ \ ~__,__~_~ I . \ ~____.r \ '.',
-~
/'-- lMJD ______
~2'v'0 /----., J<<
"~' \I, ROS(. " '1'..,1\.
<'" ~- + ~'::<'\
--"' 0: 0
-, I ~ Cql. t2-31-02 (c.:. ~)
u.... ~I
No. 63.S
,
\,
9Eib~~3tr.ortti
-- -,---
,
\
,
\
\.
\,
,
j.
I
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2001-81 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 17th day of December, 2001, 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 11th day ofJanuary, 2002.
City lerk of the City of Gilroy
Q
(Seal)