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
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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
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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)
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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
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SCALE IN fEET: 1-.80'
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PARCEL A
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DOCUMENT .,4139227
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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)