Resolution 2004- 93
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. 2004-93
A RESOLUTION ORDERING THE VACATION OF 0.03
ACRES (1156 SQUARE FEET) OF A PUBLIC STREET
DEDICATION LOCATED ON THE NORTH SIDE OF
CYPRESS COURT AND PONDEROSA DRNE, GILROY,
CALIFORNIA.
WHEREAS, pursuant to the provisions of the California Streets and Highway Code,
section 8330 et seq., the City Council may summarily vacate an excess public right-of-way of a
street not required for street or highway purposes; 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
excess public right-of-way of a street described in Exhibit A" as attached hereto, conforms with
the provisions of Section 8334 of the California Streets and Highway Code, and it is not required
for street or highway purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That in October 1987 a portion of the street known as Cypress Court was
dedicated to the City for public street and utility purposes was filed for record in Book K322
page 1240, and in August 1986 a portion of the street known as Cypress Court was dedicated to
the City as shown on Tract No. 7873, filed for record in Book 564 pages 25 and 26.
\JH\638765.1
01-101704-04706084
-1-
Resolution No. 2004-93
2. That the City Council, pursuant to Streets and Highway Code, section 8330 et
seq., hereby orders the vacation of the excess public right-of-way of the street known as Cypress
Court described in Exhibit "A" attached hereto, having determined that it is not required for
street or highway purposes.
3. That a public utility easement and right':'of-way for utilities in, on, over, under,
along and across the property as fully described in Exhibit A" is hereby retained by the City for
the purpose of constructing, installing, operating, maintaining, repairing and replacing public and
City utility facilities, including a reasonable right of ingress and egress over adjoining lands of
the City.
4. This Resolution shall become effective on November 1, 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 portion of Cypress Court described in Exhibit "A" shall revert to Parcell
as shown in Book 564 M 25-26.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO and PINHEIRO
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~M~
~Q
· .?l~c -Lf.-<~
Rhon Pellin, City Clerk
\JH\538765,1
01-101704-04706084
-2-
Resolution No. 2004-93
LEGAL DESCRIPTION
EXHIBIT "AU
PARCEL A
ALL OF THAT HEAL PHOPERTY SIlUAft:f) IN THE CITY OF GILROY, COUNTY OF SAI',nA CLARA.
ST.I\TE OF CALIFORNIA THAT REAL PROPERTY BEING A PORTION OF A DEDICATION I=OR
STREET AND UTILITY PURPOSES WHICH V.lAS FILED FOR RECORD IN BOOK K322 PAGE
1240 AND A PORTION OF THE STREET DEDICATION OF "CYPRESS COURT' AS SHOWN
ON TRACT NO. 7873 FILED FOR RECORD IN BOOK 564 PAGES 25 & 26. OFFICiAl
RECORDS SAID COUNTY, BEING MORE PARTlCULAHL Y DESGHlBEO AS FOLLO\lVS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF PAHCEL ONE AS SHOWN ON THAT
CERT..'.IN PARCEL MAP FilED FOR RECORD IN BOOK 564 AT PAGE 24 RECORDS OF SAID COUNTY,
THAT POINT BEING DISTANT THEREON FR()l\,1 THE MOST SOUTHWESTERLY CORNER OF SAID
PARCEL S35"3S'49"E 78,31 FEET; rt'IENCE ALONG SAil) SOllTHEHLY I30UNDARY AND THE
NORTI-IWESTERLY PROJECTION TI'IEREOF N85G3S'49''\l. 89.70 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT AND HAVING A RADIUS OF 42.00 FEET: THENCE WESTERLY ,'LONG SAID
CURVE TIII'lU A CENTRAL .ANGLE OF 1 '''4{J'3a", AN ARC DISTANCE OF fU)1 FEET TO A POINT ON
THEWESTERL Y BOUNDARY OF SAID DEDICATION FOR ~m~l:cT AND UTILITY PUHPOSES TO THE
CITY OF GILROY, SAID BOUNDARY ALSO BEING THE EASTERLY BOUNDARY OF TRACT NO. 8957
"PONDEHOSA" AS HECORDED IN BOOK 691 AT PAGES 48 AND 49, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA; il-lf:NCE;. ALONG SAID 'fVESTERL Y AND EA..<)TERl Y BOUNDARY N{)4"23'11"E
0,139 FEET TO nlE BEGINNING Of A NON-TANGENT CtJIWE TO THE RIGHT, SAID CURVE ElEING
THE CONTINUATION Of nlE BOUNOARY OF SAID DEDICATION FOf~ STREET j\NO UTILITY
PURPOSES AND S/\ID SOUTHERLY BOUNDARY OF PARCEL ONE, SAID CURVE HAVING A RADIUS
OF fj{).OO FEET, A RADIAL LINE TO SAID POINT BEARS N48''32'08'W; TrIENCE ALONG SAID CURVE
EASTEF~LV THRU A CENTRAL ANGLE OF 90~59'41 n, AN ARC DISTANCE OF 79.41 FEET TO THE
BEGINNING OF A I~EVERSE CURVE TO THE tEFT AND HAVING A RADIUS OF 45,00 FEET; THENCE
EASTERLY ALONG SAID CURVE nlRU A CENTRAL ANGLE OF :j7'51'49", AN AHC DISTANCE OF
29.74 FEErfO lIlE POINT OF BE.GINNING.
CONTAINING o,oa ACRES MORE OR lESS (tl,156 SF)
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART ~IEREOF
CYPRESS fit
--- 585'36'49"( .= 3.28'
---- ~
COURT (S85"24;Y6"E) ~----- ~ --. --I'r -----------
20'
I
Ui IE
a f'I
eJ I~
~ ~ 30'
L=8.67' R=42.0OJO' 0 I ;:;;;
6=11"49'33" "'-I;...
Qja
I
I
LOT 'JO
'\ ~~
1:) <()
t-,<4
'II "J';#)
pjD
PORTION OF STREET AND UTILITY
DEOICA. liON TO mE CITY OF
GILROY PER K322 O,R, 1240
:1:189 S,F".
ftl
I ("\ -r -J -J
L,j..../
DETAIL
CURVE
Cl
DELTA
29'.33'08"
EXHIBIT "8"
PLAT TO ACCOMPANY LEGAL OESCRIPTlON
PORTION OF A DEDICATION FOR STREET AND Ul1L1TY PURPOSES
WHICH WAS FILED fOR RECORD IN BOOK K322 PAGE 1240 AND
A PORTION OF THE STREET DEDICATION AS SHOWN ON TRACT
NO. 7873 FILED fOR RECORD IN BOOK 564 PAGES 25 & 26
CITY OF GILROY. SANTA CLARA COUNTY, CALIfORNIA
APRIL. 2004 SCALE for = 30'
'\
,('~ 'y ~
(""A. C) v /];
c) ~ r~ ?,)
<; ~ y
IJi \-
'61)"
20'
PORllON or STREET
DEDICA nON TO THE CITY
OF GILROY PER TRACT
NO. 7873, 564 M 25-26
:1:967 S.F.
L~J.62'
~1'26'J.J"
"",,00.00 L....7
A=90'Sg""'; 9.-t./
41 ..
L=29.74' R=45.00'
I1F 37"5' '49"
89.70'
PARCEL A
:1:1, '56 S.F".
.:1:0.03 AC.
P .0.&
CYPRESS
'0
I")
~~5~J6' 4:~W
----
-----.-
COURT
o
~
~?)
E}
/'
\
<b
<0
(l"
"\
"\
(j
?-
<{)",
,,\
/
~)
(v
~~
~
(0
?)
tMNA t BRUNETTI - CML EHGlHEERS a lAND SURVEYORS - GILROY, CA
SHttl ONE or ONE SHEEr
JH (J.JOt..
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No, 2004-93 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
1st day of November, 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.
~~A Q~~-<~~
City Clerk of the City of Gilroy
(Seal)