Resolution 2001-82
RESOLUTION NO. 2001-82
A RESOLUTION ORDERING THE VACATION OF 0.261
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 0.261 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
IJH\537412.1
01-121204706002
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Resolution No. 2001-83
along and across the property as fully described in Exhibit A" is hereby retained
C. That a public utility easement and right-of-way for utilities in, on, over, under,
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:
Q../ Th~YU'tf
A TTES:7 ...~ i .
(~A/1/.' //" '
'--=__ .-:/t/kd/,- v<----cC.e 4-
Rhond'a Pellin, City Clerk
\JH\537412.1
01-121204706002
-2-
Resolution No. 2001-83
12-11-201 S,31PM
FROM UNDERWOOD ROSENBLUM 4084531207
LANDS OF UNION PACIFIC
RAILROAD COMPANY
FORMERLY SOUTHE~N.
PACIFIC RAILROAD COMPANY
AREA OF SlREET ABANDONMENT
AND PUBUC UllUlY RESERVA1l0N
~
III
UNDERWOOD &
ROSENBLUM, INC.
ciril engineers and surveyors
16JO ll<*I"" Rood st.. .n' Son ..... c.. ~31
To. No (4ClI) <5l 1m r.. No (4ClI) <6l12D7
r ALEXANDER STREET
. S21'5a-OO'E
- -
479.89'
POINT OF BEGINNING
NE COR
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30' 30'
PARCEL 1
501 M 7
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N<!O"OD'OO.....
285.-41'
UNION PACIFIC RAILROAD
FORMERLY SOUTHERN
PACIFIC RAILROAD COMPANY
ntlW1T . A'"
PUT OF DESCRIPTION
NINTH STREET ABANDONMENT
SOUTH SIDE
GIlROY _
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PAGE 2 of 2
Dote: 7-12-01
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Job No. 9660
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12-11-201 4,34PM
FROM UNDERWOOD ROSENBLUM 4084531207
EXHIBIT "A"
LEGAL DESCRIPTION
STREET ABANDONMENT
AND PUBLIC UTILITY EASEMENT RESERVATION
SOUTH SIDE OF NINTH STREET
BETWEEN UNION PACIFIC RAILROAD
AND ALEXANDER STREET
9660
July 12, 2001
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California,
described as follOWS:
Begin ning at the Northeasterly comer of Parcel 1 , as said Parcel is shown on that certain Parcel Map
recoided On June 2, 1982, in Book 501 of Maps at Page 7, Santa Clara County Records;
Thence Westerly. along the Northerly line of said Parcel 1, South 70000'00. West, 379.55 feet, to the
Northwesterly corner of said Parcell;
Thence, at right angles to last said line, North 20"00'00. West, 30_00 feet to the centerline of Ninth Street
as Ninth Street is shown on the aforementioned Parcel Map;
Thence. at right angles to last said line, North 70000'00. East 379.55 feet;
Thence, at right angles to last said line, South 20000:00" East 30,00 feet to the Point of Beginning of the
properly being herein described and containing 0.261 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. State of
Califomia, for the purpose of constructing, installing, operating, maintaining, repairing, and replacing
public and City utility facilities, including a reasonable right of ill9res$ and egress over adjoining lands of
Grantee,
The easement may be used for parking, driveways and landscaping which will not interfere with use of
the easement.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-82 is an original resolution, du1y 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.
the City of Gilroy this 11 th day of January, 2002.
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CityClerk of the City of Gilroy
(Seal)