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Resolution 2004- 89 Recorded without fee under Government Code ~ 6103 When recorded return to: City Clerk City of Gilroy 7351 Rosanna Street Gilroy, California 95020 SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY RESOLUTION NO. 2004-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A PUBLIC TRAIL EASEMENT WHEREAS, an easement ("Easement") for a 35 foot wide pedestrian trail was dedicated to the City of Gilroy ("City") along the northeasterly boundary of the property along the Uvas Creek corridor, APN 810-20-016, ("Property") and as described in the Easement Agreement recorded on November 7, 1991, Book L923 of Maps at page 1163 Official records; and WHEREAS, the City received a request from the owners of the Property to vacate the Easement; and WHEREAS, on October 7, 2004, the Planning Commission resolved pursuant to California Streets and Highways Code section 8313 and Government Code section 65402, that the Easement is unnecessary for present or prospective public use, and that the vacation of the Easement will not be inconsistent with the City's General Plan; and WHEREAS, public notice of the hearing was made pursuant to the Streets and Highway Code section 8322; and WHEREAS, the posting of the notice of vacation pursuant to Streets and Highway Code section 8323 was technically impossible because the Easement does not currently exist as a pedestrian trail; and WHEREAS, the City Council set and conducted a duly noticed public hearing pursuant to Streets and Highway Code section 8320 et seq. to consider the proposed vacation. NOW, THEREFORE, the City Council does RESOLVE as follows: 1. The foregoing recitals are true and correct and are included herein by reference. \J H\633360.1 01-082004706002 -1- Resolution No. 2004-89 2. The City Council, pursuant to California Streets and Highways Code, section 8320, et seq., hereby orders the vacation of the Easement described in Exhibit A hereto, having determined and found that the Easement is unnecessary for present or prospective public purposes. 3. The location of said Easement is described in the Easement Agreement recorded on November 7, 1991, Book L923 of Maps at page 1163 Official Records. 4. This Resolution shall become effective on October 18, 2004, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter. 5. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the Easement shall no longer constitute a public easement and the land subject to the Easement shall revert to the Property (APN 810-20-016) pursuant to Streets and Highways Code Section 8351. PASSED AND ADOPTED this 18th day of October 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VELASCO and PINHEIRO NONE VALIQUETTE NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: ~~ It Pi eiro, Mayor ATTEST: ~~~, Rhonda Pellin, City Clerk \JH\633360.1 01..()82004706002 -2- Resolution No. 2004-89 LEGEND: Exhibit A " NOTAC{Rt BOUNDARY UNE PROPOSED PARCEl uN( EASEMENT UNE EXISTING lOT UNE MONUMENT UNE liE UNE STORM DRAIN UNE POWER UNE CHAIN LINK F!NCE WOOD FENCE CONCRElE WAlL .... FENCE FOUND BRASS DISK IN MONUMENT WELL FOUND MONUMENT AS NOTED SANITARY 5E\IIER MANHOLE STORtr.t DRAIN MANHOLE POWER POu: UGHT ON POLE FIRE H'f'DRANT WAmt YJiLVE GAS VALVE. IRRlGAnoN YALvr. CATCH BASIN IRON PIPE SEAROtED FOR, NOT FOUND CATCH BASIN DROP INLET CORRUGATED WETAL PIPE TOP OF aJRB EDGE OF' PAVDlENT flOW LINE CEH1ERUNE WOOD FENCE CHAIN UNk FENCE MONUIlIENT TO MONUMENT lOT AL DIMENSION RADIAL BEARING CAlCIJLA TED DlWENSlON linE ITEW FRClM llTLE REPORT (SEE SHEET 1) I I I I _ 12~ l' ,. li~ 1"1: .~ 1~~ 1;-: ~ ,<!;, 1"'8 :~i I~~ I~ Ii!; :~ I~ 115 I I -$0-- P o;:~. n 01. ;i i\ l ~~ 1 H, " ::.i e~ .@ il!' ~ ~ . o -<> <:< ~ ill! Il!:l ~ i I i i'- " fl!:~ :~8 ""i !~, PARCfL 2 663-M-13 If' SFNP C8 .. """ '" EP Pl a. 'IIf C1F (M-M) T (R) (e) &. NOTES: 1) DATE OF GROUND SURVEY WAS APRM.. So 2002. 2) NO OBSERVABlE EVIDENCE Of' SITE USE AS A SOUD WASTE DUMP, SUMP, OR SANITARY LAHOFU. J) 'THERE IS NO OBSERVABLE EW)[NCE or CEWETERIES ON 1HE PROPERlY. .) lHE LOCA,lION OF' UYAS CREEK AS SHOWN IS SUBJECT TO CHANGE DUE TO NATURAl. CAUSES" AND MAY OR MAY NOT REPRESENT 'THE ACTUAl. LOCAllON Of' THE UMlT OF THE nltE. .... PARCEL 3 883-M-13 BASIS OF BEARINGS: THE BEARING OF Nar....OI-r AlONG lHE CENTERUNE OF TROON WAY, AS SHOWN ON tHE MAP [NlIltED -EAGLE RIDGE. mACT 938S- Mat WAS F1LED fOR RECORD IN BOOK 748 Of MAPS, AT PAGE 20, RECORDS Of SANTA a..MA COUNTY, WAS TAKEN AS THE BASS OF BEARtHCS FOR THIS MAP. TRACT 8982 691-M-22 REFERENCES: (R1) PARal. MAP, BOOK 183 Of MAP$, PAGE 13. SANTA a..ARA COUNTY RECORDS <R21 lOT UN[ AD.AISNENT. DOCUMENT , 14131227, 0Fl10AL RECORDS Of' SANTA a..MA COUNTY (R3 TRACT .3I&. BOOK 748 or MAPS, PACE 20. SANTA CLARA COUNTY RECORDS (R4 TRACT 11M&. BOOK 714 OF' MAPS. PAGE " SANTA CLARA COUNTY RECORDS (RS TRACT _2. BOOK 181 OF' MAPS, PACE 22. SANTA a.ARA COUN'TY RECORDS TRACT 8965 714-M-1 UTILITY NOTE: ~~l1~CFoer~~ ~~~~~~:S?SURF~~ ~ UHDERCROUNO U1lJnES. THE CONTRACTOR SHAL.l. ASCERTAIN THE TRUE lOCAl1~ Of' ANY UNDERGROUND UllJ11ES AND SHAL.l. IE RESPONSIBLE fOR DAMAGE TO ANY PUBLIC OR PRIVAlt Ul1UT'ES. SHO'IlN OR NOT SHO'M\I HERE~. AERIAL TOPOGRAPHY NOTE: THE AERIAL TOPOGRAPHY WAS COMPUD BY AERO-CEDDEl1C CORPORAl1~ FmRUARY 2004. FLOOD ZONE DATA: A..OOO ZONE: THE SUBJECT PROPERTY IS IN FlOOD ZONES -AI- AND -D-, ACCORDING TO A..OOO INSURANCE RAlt MAP, PANEl 1140 OF' aso. COMMUNITY-PAHEL NUMBER 0IS0337 0114O Eo EFFECTIVE AUGUST 17, 111U FEDERAl EMERGENCY MANAGEMENT AGENCY. ZONE -/III- IS DEFINED AS AREAS OF' 100-'YEAR FLOOD; BASE FlOOO ELEVATIONS AIC) F1..OOD HAZARD fACTORS DElERMINED. ZONE -0- IS DEflNED AS AREAS OF' UNDETERWlNED, BUT POSSIBLE. FlOOD HAZARDS. ZONING: ZONING:: HC HIGHWAY COtMRQAl DISTRICT ~ o 80 160 240 1""\,,- , SCALE IN fEET: 1-.80' ~ ?- m :i: x loJ I- Z loJ :::E loJ en ..co>, loJ 0:: I- <z ~ C) Bz ~~ loJz S< 0..1.&.. c)z zO Fa:! en X loJ d Z:s -:~ ~5 ~ D I i II t I I !Ii ~ ...... 1 0,. 1 SHUTS JOB NO. lI3204. r- FOUND! PARCEl. 1 663-M-13 PARCEL A LoT UNE ADJUSTMENT DOCUMENT .,4139227 ,\tOI'll") 6-"1P't,I,'rjf4rta.t'f l""" J6"1(fQ!) , -...,:.....--~,-:-.,--" TRACT 9365 748-M-2D I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-89 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 18th day of October, 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 4th day of November, 2004. ~Ldk&J~i City Clerk of the City of Gilroy (Seal)