Resolution 2004- 77
RESOLUTION NO. 2004-77
A RESOLUTION ORDERING THE V ACA TION OF A PUBLIC
SERVICE EASEMENT RETAINED BY THE CITY OF GILROY
BY RESOLUTION 2003-55 ON AUGUST 4, 2003.
WHEREAS, the City of Gilroy (City) City Council on August 4, 2003, adopted
Resolution 2003-55, which vacated a portion of Brem Lane, a copy of said resolution is attached
hereto as Exhibit "A" and incorporated by this reference; and
WHEREAS, Resolution 2003-55 further reserved to the City a public service easement
on, over, under and across the property described in Resolution 2003-55; and
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easement that has been superseded by relocation and there are no other public facilities located
within the easement; 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
public service easement, as fully described in Exhibit "B" as attached hereto and incorporated by
this reference, conforms with the provisions of section 8330 of the California Streets and
Highway Code, because it has been superseded by relocation due to the construction of a new
road containing new public service easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That the public service easement retained by Resolution 2003-55 is no longer
necessary.
2. That the order of vacation of the public service easement conforms to Streets and
Highway Code section 8330 because the existing public service easement has
been superseded by relocation due to the construction of a new public road
containing new public service easements.
\JH\630888.2
01.072604-04706084
-1-
Resolution No. 2004-77
3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, section
8330 et seq., hereby orders the vacation of the public service easement described
in Exhibit "B" attached hereto, having determined that it has been superseded by
relocation.
4. That there are no other public facilities located within the public service easement.
5. This Resolution shall become effective on August 2, 2004, and shall be recorded
by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter.
6. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the public service easement described in Exhibit "B" shall no
longer constitute a public service easement.
PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~
~
~7
Rhonda Pellin, City Clerk
\JH\630888.2
01-072604-04706084
-2-
Resolution No. 2004-77
EXHIBIT A
RESOLUTION NO. 2003-55
A RESOLUTION ORDERING THE VACATION OF A
PORTION OF A PUBLIC STREET KNOWN AS BREM LANE
ADJACENT TO LOT 1, TARGET CORPORATION, AND LOT
6, REGENCY REALTY GROUP, AS SHOWN ON THE MAP
OF "TRACT 9487, GILROY CROSSING" FILED July 8, 2003,
IN BOOK 762, PAGES 23-25, 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 street that
has been superseded by relocation; 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
portion of the public street known as Brem Lane, as fully described in Exhibit A" as attached
hereto and incorporated by this reference, conforms with the provisions of section 8330 of the
California Streets and Highway Code, because said portion of Brem Lane has been superseded by
relocation due to the construction of the new roads known as Holloway Road and Camino
Arroyo.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That a portion of the public street known as Brem Lane was relinquished by the
State of California to the City on June 3, 1974, Book 926, page 683 and the remaining portion of
Brem Lane was acquired by the City through annexation number 134, East Freeway
Reorganization 81-6, Resolution 82-8, August 1, 1982.
2. That the order of vacation of the portion of the public street known as Brem Lane
conforms to Streets and Highway Code section 8330 because the existing portion of Brem Lane
1JH\597309.1
01-072503-04706002
-1-
Resolution No. 2003-55
has been superseded by relocation due to the construction of the new roads known as Holloway
Roadway and Camino Arroyo.
3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the portion of Brem Lane described in Exhibit "A"
attached hereto, having determined that it has been superseded by relocation.
4. That the City reserves a Public Service Easement on, over, under and across the
property described in Exhibit "A."
5. This Resolution shall become effective on August 4, 2003, and shall be recorded
by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter.
6. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the portion of Brem Lane described in Exhibit "A" shall revert to Lot 1,
Target Corporation, and Lot 6, Regency Realty Group.
PASSED AND ADOPTED this 4th day of August, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~)
~.Iy~,
Rhonda Pellin, City Clerk
-
\JH\597309.1
01-072503-04706002
-2-
Resolution No. 2003-55
j
I
() b
Z 0
ffi - ?
;2 00 ~
mOO ~ g
iO I
..Ja:
~O
~ ~
~>- I
;20 ~
~a: g
d ~
CJ
i!
i.
~ IUI!
~ I,I!~
i
h Iii
~~I m!j3U
dl 2 hln
I
).
. ~
,/ ~~~~
./'...~~ .~,
A I?-" ~
. \\ ~
/' '\' .. 'l
. ~~"~' -... ~ .
../ ~~ "\' 0 ~-'
/' ,,~ ." \' ...., "
, '- .... ,\ \' ... "':
~ "'f.~'" "". ~
~ , ~ \' ",'"
.p- , ...... '\" "
.. ~ , ' 'i: ,\ ,."
/' ,.~ , ",' ,\ \\,.' if'
, " nI>> ,\ ~ \\;
\".' ~ "
\ ," "
~ \ ~ .,..'"
...., ...
~ \ ",'"
". , ,""
10 ,,,
,....' ."
;....",
...
...~
\
r"
~
.,
i
.'-
-il
I
.
i
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
~
II I
II I
II
II
II
II
I
II
..
a
~
'l'
i
---....,.".--.....-...........,......... . --.,..-......- -- .--,.-...,.....-
. -0.
I~
~
o
II:
o
: ~O
~ I~~
tiI ~
~
I
aoauer
OJI!~ so~o~ ~O\sqor ~ooZ\sqor f>3MB\:S
Mp.ONI13~-Nl-V\I3~8\SI!q!Llx3\aJIUao
. .
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2003-55 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
4th day of August, 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 7th day of August, 2003.
~,
(Seal)
EXHIBIT 'B'
PORTION OF BREM LANE PUBLIC SERVICE EASEMENT
RESERVATION BEING
RELINQUISHED BY THE CITY OF GILROY
ALL THAT REAL PROPERTY situated in the City of Gilroy, County of Santa
Clara, State of California and being a portion of that certain public road right of way
adjacent to State Highway Route 101, more particularly described as follows:
BEGINNING at a point on the East line of State Highway Route 101, from which point a
1" iron pin marking the Southerly termination of that certain course labeled as "North 030
53' 57" East, 819.94 feet on that certain "California State Highway Monument Map 4-
SCL-IOI-P.M.5.8 S-169.3" bears South 030 53' 52" West, 24.77 feet; thence from said
point of beginning following the East line of said state highway right of way and the
West line of the frontage road known as Brem Lane, the following two (2) courses and
distances:
1.) North 030 53' 52" East, 795.18 feet.
2.) Along the arc of a 438.00 foot radius curve concave to the Southeast, through a
central angle of 020 42' 56", the chord of which bears North 05015' 20" East, 20.76 feet.
Thence leaving the West line of Brem Lane, South 890 09' 07" East, 46.26 feet to a point
on the East line of Brem Lane and the Northwest corner of Lot 1 as shown on Tract 9487
filed for record in the Office of the Recorder of Santa Clara County on July 8, 2003 in
Book 762 of Maps, Pages 20-25, thence along the West line of said Lot 1 and the East
line of Brem lane the following four (4) courses and distances:
1.) Along the arc of a non-tangent 392.00 foot radius curve, concave to the Southeast, a
radial bearing in of South 82042'28" East, through a central angle of 030 22' 58", an arc
length of 23.14 feet, the chord of which bears South 05036' 03" West, 23.14 feet.
2.) South 030 53' 52" West, 729.33 feet.
3.) South 86006' 08" East, 14.00 feet.
4.) Along the arc of a non-tangent 40.00 foot radius curve, concave to the East, a radial
bearing in of South 86006'08" East, through a central angle of 390 38' 36", an arc length
of27.68 feet, the chord of which bears South 15055' 26" East, 27.13 feet;
Thence leaving the West line of said Lot 1 and the East line of said Brem Lane, following
the arc of a non-tangent 50.00 foot radius curve, concave to the South, a radial bearing in
of South 26052'21" West, through a central angle of 106030' 53", an arc length of92.95
feet, the chord of which bears South 630 36' 55" West, 80.13 feet to the point of
beginning.
Said property contains 0.8364 acres of 36,435 square feet.
Page 1 of2
EXH I BIT 181
*2J......'....../.................... ....................8.........................8........."".. ~2""'......D.......,................E....... .'................................................"
[::.RIi)IAL~ ... ". .......T.
. .~l,.. ;.... .-r' ~
:. '. 'S.Q5"36'03"W 23.14'; .
. '
:IA~22'58..R;;;392;ott] ......
p.=...~,.._.-.-~,
>'i'(~'-'"
i
i
,
i
i..
re
<08 ~
",:. UJ
~~ k
~:J
It) '" i 7ft
Ii; ~ !...v~
Zo~ I
'J t..~,
L
I
I
f.
to,
.,....[~J.,.~.
LJ' P.SE.'ABEAE%6M FORMeR
NET~.ee ."f]::
ISHEa 10 TA~
c~~~ 36,~E?F.
._(.r:]...."....
. f;i;':}
.
c
c
....
II
I'
f"""'"
fu
~ ~.
~ ~
~ w::r
~ a:
!3 ~cb~..'
Z "
g:;
lIJ
~
Q:
;....
^._.^~-.-:"'-~._~-_.._._._.~'_.. .,..."'.~'1-'.>..~
._..T.A..1!S"G..._._.Ei......"..-....._.~../..-,~.~.,' '.' . "'0'
,_,,,"'''--~" . I ~n i'.,."""-''''''-....f''~'-~~>=4.'.t''i '. .. ( >;T";'E""~~"" -
~~~....~;.1";:J-u--J""..~---'" _ _tv', _ __ ..., ",__". .. . r"""="'=""""...''''m!,._."'''''-'''_._''''''"'''''~~fi,__D;:;::).'~~o/.="t~ !".. ~."''''--l".''_J::
CI) I..... .. .~-.pARCEL !d,['Ifj.
(LOT 1)
(/
v
~
z
z
~
m
LL
o
!z
~
~
86'06'08' E
14.00'
~21~ HOLLOWAY ROAD
S 63'36'55' W 80.13~
~-106'30'53' R-50' I
BREM LANE P .S.E. TO BE
RELINQUISHED BY CITY
Engineering I Surveying I LIlnd Planning I Entillement Processing I GPS Services JOB #: 01-1 0-1 05 GILROY CROSS I N G
602t1 Rutland DrMo, Su1l9 19 - CWmi<:h8ol, CA. Y56llB
(il18) 331-4338 - "'" (~18) 331-4430- alli"..II"""g;.....,..ca,.
DATE: JULY 27, 04 CITY OF GILROY, CALIFORNIA
2
SCALE: 1"=100'
BAKER-WILLIAMS ENGINEERING GROUP
OF
2
EXHIBIT 'B'
PORTION OF BREM LANE PUBLIC SERVICE EASEMENT
RESERVATION BEING
RELINQUISHED BY THE CITY OF GILROY
ALL THAT REAL PROPERTY situated in the City of Gilroy, County of Santa
Clara, State of California and being a portion of that certain public road right of way
adjacent to State Highway Route 101, more particularly described as follows:
COMMENCING at a point on the East line of State Highway Route 101, from which
point a 1" iron pin marking the Southerly termination of that certain course labeled as
"North 030 53' 57" East, 819.94" on that certain "California State Highway Monument
Map 4-SCL-I0I-P.M. 5.8 S-169.3" bears South 03053' 52" West 24.77 feet; thence from
said point of commencement following the East line of said State Highway right of way
and the West line of the frontage road known as Brem Lane, the following two (2)
courses and distances:
1. North 030 53' 52" East, 795.18 feet;
2. Along the arc of a 438.00-foot radius curve concave to the Southeast, through a
central angle of 020 42' 56", the chord of which bears North 050 15' 20" East,
20.76 feet to the true point of beginning.
Thence from said point of beginning, continuing along the line common to the East line
of said "State Highway Route 101" and west line of said "Brem Lane", the following four
(4) courses and distances:
1. Along the arc of a 438.00 foot radius curve, concave to the Southeast, through a
central angle of340 00' 21", an arc length of259.96 feet, the chord of which bears
North 230 36' 58" East, 256.16 feet.
2. North 40037' 09" East, 725.28 feet;
3. Along the arc of a 219.00-foot radius curve, concave to the Southeast, through a
central angle of370 46' 24", an arc length of 144.38 feet, the chord of which bears
North 590 30' 21" East, 141.78 feet;
4. North 780 23' 33" East, 350.82 feet to a point on the Northwest line of "Lot 5" as
shown on Tract 9487 filed for record in the Office of the Recorder of Santa Clara
County on July 8, 2003 in Book 762 of Maps, at Pages 20-25,
Thence along the North and West lines of Lots 5 and 6 as shown on Tract 9487 the
following nine (9) courses and distances:
1. Along the arc of a non-tangent 75.00-foot radius curve, concave to the Southeast,
a radial bearing in of South 39001 '36" East, through a central angle of 390 29'
30", an arc length of51.69 feet, the chord of which bears South 31013' 39" West,
50.68 feet;
Page 1 of3
2. Along the arc of a reversing 93.00-foot radius curve, concave to the Northwest,
through a central angle of 800 22' 57", an arc length of 130.47 feet, the chord of
which bears South 51040' 23" West, 120.03 feet;
3. North 880 08' 09" West, 173.41 feet;
4. Along the arc of a 173.00-foot radius curve, concave to the Southeast, through a
central angle of 51001' 37", an arc length of 154.07 feet, the chord of which bears
South 660 21' 03" West, 149.03 feet;
5. South 400 50' 14" West, 26.24 feet;
6. South 580 43' 25" West, 1.64 feet;
7. South 310 16' 07" East, 0.53 feet to a 1" iron pin;
8. South 400 37' 09" West, 697.92 feet to a 1" iron pin;
9. Along the arc of a non-tangent 392.00-foot radius curve, concave to the
Southeast, a radial bearing in of South 49020'50" East, through a central angle of
33021' 38", an arc length of 228.24 feet, the chord of which bears South 23058'
21" West, 225.03;
Thence leaving the East line of said Brem Lane, North 890 09' 07" West, 46.26 feet to the
point of beginning.
END OF DESCRIPTION
Said property contains 1.6895 acres or 73,595 square feet.
Page 2 of3
EXHIBIT IBI
N 59' 30'21" E 141.78'
,i-37'46'24' R-219.00\
851'40'23" W 120.03'
,i-80 ' 22' 5r R-93.00'
831'13'39"W 50.68'
,i-39 '29'30" R-75.00'
350.6'1.
DeTAL 'A'
NO SCALE
'\
We>
to a:
C')lD
......i.J
?<
m~
C')~
(/)0:
.
C
C
"'"
I(
;...
858' 43'25W 1.6~
831'16'OrE 0.53'-
~ \ li<\
h~ ~~)
~~ ;e:: ~$JO)~
I/' _,~~v:r ~. \
~ ~Oj' Y., ~Oj
Co ~9 \
\ ~~
N 23'36'58" E 256.16'
,i-34 '00'21" R-438.00'\
POINT OF~
BE~~~5~~~~0.76' ~ \
,i-02' 42'56' R-438.00~
,
~ ,
C\J
l{)' ,
-co
(Y)"':
l{) l{),
. ())o
(Y)r-...
~ ,
,
,
..),
j
POINT OF ----
COMMENCEMENT
.
.
SCALE: 1"=100'
BAKER-WILLIAMS ENGINEERING GROUP
Engineering I Surwying I Land Planning I En~lIement Processing I GPS $eMces JOB #: 01 -1 0-1 05
/l4J2lJ Rutland Driv", Suij.. 19 - ewm_, CA. ll5608
("'8) 331-4338 - lux (.'8) 331-4430 - oI!it>lObw..ngin......",,"
DATE: JULY 27,04
BREM LANE P.S.E. TO BE
RELINQUISHED BY THE
CITY OF GILROY
GILROY CROSSING
CITY OF GILROY, CALIFORNIA
3
OF
3
HU
un
'1- ~
i! i ~
rIm
'if ~
f~J ~
1- ~
!~
H
9
~
~Q~
~!
~I
I~I
I -
'\
\
(;)
~F~
!:3::D~
iillU Ii I ulm I~ Q !
I!I Ii IliU ~ I g i
j a h~oi
~cn
~~
aZ
(;)
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-77 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
2nd day of August, 2004, 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 19th day of August, 2004.
~~~,
City Clerk ofthe 9ty of Gilroy
(Seal)