Resolution 2003-14
Resolution No. 2003-14
RESOLUTION NO. 2003-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE VACATION OF A CERTAIN STRIP
OF LAND DESIGNATED AS AN EMERGENCY ACCESS
EASEMENT ON TRACT MAP 9270 KIRK, AS SHOWN UPON
THAT CERTAIN MAP ENTITLED "NORTH GILROY TRACT"
FILED AUGUST 14,2002, IN BOOK "w" OF MAPS AT PAGE
14, RECORDS OF SANTA CLARA COUNTY CALIFORNIA.
WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and
Highway Code, Section 8330 et seq., the City Council may summarily vacate a public service
easement when the easement has been superseded by relocation and there are no other public
facilities located within the easement; and
WHEREAS, the public service easement was designated as an Emergency Vehicle
Access Easement ("EV AE") as a condition of "Tract No. 9270 Kirk" as shown upon that certain
map entitled "North Gilroy Tract" filed August 14, 2002, in Book "w" of Maps at page 14,
records of Santa Clara County California ("Tract Map 9270"), said EV AE is shown in Exhibit
A" as attached hereto; and
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
proposed order of vacation of the public service easement designated as an EV AE conforms with
the provisions of Section 8333 of the California Streets and Highway Code because said EV AE
has been superseded by relocation and there are no other public facilities located within the
easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That the public service easement designated as an EV AE was dedicated to the
City in August 2002 and said EV AE was required until the City determined it was no longer
necessary. Said EV AE is now no longer necessary because it has been superseded by the
dedication and relocation of two additional Public Safety Easements on Tract Map 9270 for
emergency access purposes. One emergency access easement has been relocated adjacent to
Taos Way, and the other one has been relocated adjacent to Primavera Way; and
\JH\581059.1
01.022503-04706002
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Resolution No. 2003-14
2. That the order of vacation of the public service easement designated as an EV AE
conforms to Streets and Highway Code Section 8333 because said EV AE has been superseded by
the relocation and dedication of two additional Public Safety Easements on Tract Map 9270 for
emergency access purposes and there are no other public facilities located within the easement;
and
3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the EV AE described in Exhibit "A" attached hereto;
and
4. This Resolution shall become effective on March 3, 2003, and shall be recorded
by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and
5. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the EV AE shall no longer constitute a public service easement and the land
subject to the EV AE shall revert to the Designated Remainder Lot as shown in Tract Map 9292
pursuant to Streets and Highway Code Section 8351.
PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Rho~ Pellin, City Clerk
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Thomas W. Springer,~ /
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01.022503.04706002
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02/25/2003 16,06 FAX 408 846 042g
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EXHIBIT A
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2003-14 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of March, 2003, 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 20th day of March, 2003.
( Seal)