Resolution 2005-12
Recorded without fee under Government Code 9 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. 2005-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE V ACATION OF A CERTAIN AREA OF LAND
DESIGNATED AS A PUBLIC SERVICE EASEMENT ON A PORTION OF
LOT 8 SHOWN ON THAT CERTAIN TRACT MAP 9546, "LANDS OF
HEWELL," FILED FOR RECORD ON JULY 1, 2004, IN BOOK 772 OF
MAPS, AT PAGES 10 AND 11, RECORDS OF SANTA CLARA COUNTY
WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and
Highway Code, Section 8330 et seq., the City Council may vacate a public service easement
("P.S.E.") when the easement is unnecessary for present or prospective public use, and there are
no other public facilities located within the easement; and
WHEREAS, the approximately 29 square foot portion of the P.S.E. proposed for vacation
is described in the legal description attached hereto as Exhibit A, and is shown on the map
attached hereto as Exhibit B, both incorporated herein by this reference; and
WHEREAS, the portion of the P.S.E. to be vacated is a portion of Lot 8 designated as a
P.S.E. as a condition of Tract No. 9546, "Lands of Hewell," filed for record on July 1, 2004, in
Book 772 of Maps, at pages 10 and 11, records of Santa Clara County; and
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Resolution No. 2005-12
WHEREAS, the City Council having duly considered all evidence, and followed the
procedure prescribed by law, hereby finds and determines from all of the evidence submitted that
the proposed order of vacation of the P.S.E. conforms with the provisions of Section 8333 of the
California Streets and Highway Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY AS FOLLOWS:
1. That the portion of a P.S.E. proposed for vacation was dedicated to the City in July
2004.
2. That said portion of the P.S.E. was required until the City determined that it was no
longer necessary. Said portion of the P.S.E. is unnecessary for present or prospective
public use, and there are no public utility facilities located within the easement.
3. The City Council, pursuant the Streets and Highway Code, Chapter 4, Section 8330 et
seq., hereby orders the vacation of the portion of a P .S.E. described in Exhibit A and
depicted in Exhibit B; and
4. This Resolution shall become effective on February 22, 2005, 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 portion of the P.S.E. described in Exhibit A and shown on
Exhibit B shall no longer constitute a public service easement and the land subject to
the P.S.E. shall revert to Lot 8 of Tract No. 9546, "Lands of Hewell," filed for record
on July 1, 2004, in Book 772 of Maps, at pages 10 and 11, pursuant to Streets and
Highway Code Section 8351.
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Resolution No. 2005-12
PASSED AND ADOPTED this 22nd day of February, 2005 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE,
VELASCO and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~aYor
ATTEST:
~~
Rhonda Pellin, City Clerk
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Resolution No. 2005-12
"
EXHIBIT "A'~
PROPERTY DESCRIPTION Ol? A SUMMARY VACATION OF
A PORTION OF A PUBLIC SERVICE EASEMENT (P,S.E.)
All that certain real property situated in the City of Gilroy, County of Santa Clara, State of
California, and being a pOltion of Lot 8 as shown on that certain Tract Map No, 9546 entitled,
"Lands of Hewell", filed for record on July 1, 2004 in Boole 772 of Maps, at pages 10 and 11
at the Office of the recorder of Santa Clara County anti being more particularly described as
follows:
COM,MENCING at the northwesterly corner of said Lot 8, which is coincident with the
110rthcasterly corner of Lot 7, as said lot is shown on said Map; thence coincident with the
westerly line of said Lot 8, South 01 "25' 56" East, a distance of 11.81; thence leaving said tine
and coincident with the southwesterly and southerly line of the existing 1 O-foot wide Public
Service Easement (P.S.E.) as shown on said Map, the following two courses; Sout.h 59017'26"
East, a distance of 8.45 feet to the POINT OF BEGINNING and the beginning of a tangent
curve, concave to the north; thence coincident with said curve having a radius of 10.00 feet,
through a central angle of 90000'00", an arc length of 15.71 feet; thence leaving said easement
line, South 75042'34" West, a distance of 14.14 feet to the POINT OF BEGINNING and
cont<lining an area of29 square feet, lTI.ore or less,
See Exhibit "B" attached hereto and made a part hereof,
END OF DESCRIPTION,
This description was prepared by me or under my direction 111 confonnance with the
requirements ofthe Land Surveyors' Act.
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LINE TABLE
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L1 S01'25'56"E 11.81'
L2 559'17'26"E 8.45'
L3 S75'42' 34"W 14.14'
TRACT
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LEGEND
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O.R. OFFICIAL RECORDS
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
EXHIBIT uBn
PLAT TO ACCOMPANY PROPERTY
DESCRIPTION OF A SUMMARY
VACATION OF A PORTION OF A
PUBLIC SERVICE EASEMENT (P.S.E.)
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DRAWN BY: CCC
DECEMBER 1, 2004
Joe #99014
SHEET 1 OF 1
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2005-12 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
22nd day of February, 2005, 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 3rd day of March, 2005.
~~
City Clerk of the City of Gilroy
(Seal)
Recorded without fee under Government Code S 6103
When recorded return to:
City Clerk
ritv ofGilmv