Resolution 2003-15
Resolution No. 2003-15
RESOLUTION NO. 2003-15
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 LYING BETWEEN LOTS 6, 7 AND 9 AS SHOWN
ON THE MAP OF "TRACT 9292 COTSWOLD COURT" FILED
APRIL 4,2001, IN BOOK 738 OF MAPS, PAGE 23, 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easement when the easement has been superseded by relocation and there are no other public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 9292 Cotswold Court" filed April 4, 2001,
in Book 738 of Maps, page 23, records of Santa Clara County California ("Tract Map 9292"),
said EV AE is fully described 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 easernent 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has been superseded by relocation and there are no other public facilities located within the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 April 2001 and said EV AE was required until the City extended Mantelli Drive to Santa
Teresa Boulevard. Mantelli Drive has been extended to Santa Teresa Boulevard and is now open
to the public; therefore, said EV AE has been superseded by the extension of Mantelli Drive; and
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conforms to Streets and Highway Code Section 8333 because said EV AE has been superseded by
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the extension of Mantelli Drive 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 Lots 6, 7 and 9 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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Resolution No. 2003-15
EXHIBIT "A"
LEGAL DESCRIPTION
FOR AN EMERGENCY VEHICLE ACCESS EASEMENT VACATION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as
follows:
All of that certain strip ofland designated as an Emergency Vehicle Access Easement (EV AE),
and lying within lots 6,7, and 9, as said lots and EV AE is shown on the map of "Tract 9292
Cotswold Court", filed April 4, 2001, in Book 738 of Maps, page 23, records of Santa Clara
County California.
Containing 4,438.63 square feet, more or less.
(Seal)
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2003-15 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.