Resolution 2001-83
RESOLUTION NO. 2001-83
A RESOLUTION ORDERING THE VACATION OF A
CERTAIN PORTION 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 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
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
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01-121204706002
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Resolution No. 83
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
~:A~~Ld~vL~
Rhonda\Pellin, City Clerk
APPROVED:
~~~~'
Thomas W. Springer, May
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01-121204706002
-2-
Resolution No. 83
12-11-201 5,32PM
FROM UNDERWOOD ROSENBLUM 4084531207
P.3
r ALEXANDER STREET
S21'52'oo't
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479,8~
LANDS OF UNION PACIFIC
RAILROAD COMPANY
FORMERLY SOUTHERN
PACIFIC RAILROAD COMPANY
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AREA OF STREET ABANDONMENT
AND puauc UllUTY RESERVATION
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PARCEL 1
501 M 7
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R-2879.82
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UNDERWOOD &
ROSENBLUM, INC.
civil engineers and sunreyors
.630 Oddmd Rood SIc. A114 Swl .... c:a. 961J1
T.. ...(418) 4631122 F" No. (<<II) 463.207
Eli..tu.tsu .. j" ..
PlAT OF DESCRIPTION
NINTH STREET ABANDONMENT
SOUTlllrEST SIDB
. GIUIOY CNJI'tlIMA
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PN:if. 2 OF 2
Dot..: 12-11-01
Scole 1 "'_60'
Own by: JW,IlIA
Job No. 1161lO
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12-11-201 4 ,35P~1
FROM UNDERWOOD ROSENBLUM 40B4531207
P.6
EXHIBIT "A"
LEGAL DESCRIPTION
STREET ABANDONMENT
AND PUBLIC UTILITY EASEMENT RESERVATION
SOUTH SIDE OF NINTH STREET
9660
December 11,2001
All that certain real property situate in the City of Gilroy, County of Santa Clara, Stale of California,
described as follows:
Beginning at the inter"ection of the centerline of Ninth Street. 60 feel wide, and the Easterly line of Union
Pacific Railroad, (formerly Southern Pacific Transportation Company), 100 feel 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, South 70"00'OO"West, 45.01 feet to the beginning of a non-tangenl curve
10 the left;
Thence, southerly, along a non-tangent curve, concave to the east, with a radial bearing of North
75033'10" East and a radius of 2879.82 feet, through an included angle of 0"35'58" to a point on the
southerly line of Ninth Street. said point having a radial bearing of North 7405T12"East,
Thence, along the southerly line of Ninth Street. North 70000'OO"East, 47. 76 feet to the Point of Beginning
of the property being herein described and containing 0.032 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, "iluate in the City of Gilroy, County of Santa Clara, State of
California, for the purpose of constructing, installing, operating, maintaining, repairing, and replacing
public and City utility facilities. including a reasonable right of ingress and egre$S o\ler adjoining lands of
Grante...
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 of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-83 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.
the City of Gilroy this 11th day ofJanuary, 2002.
~L~(2-~~-
City Clerk ofthe City of Gilroy
( Seal)