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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 IJH1648515.1 01-021305-04706002 -1- 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. IJH1648515.1 01-021305-04706002 -2- 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 IJH1648515.1 01-021305-04706002 -3- 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. Me ~eMee.~ t 20Dtt --,..,......,.,.....".....'"---- Date Curtis C Chap .1, P.LS. 7992 Expires: 12/31/2004 Prepared by the firm of MH engineering Company, Morgan HiU, CA K:\1999\990 14,v.doc La.t printed 12/2/2004 9,47 AM Page 1 of 1 . COMMoN AREA &:; OPEN SPACE: lO.S. 1) -- 4'S.9 ............. 'J>_ " <6'iJ, POC "'(<t S'-!JJ'_) ", ( " c: , EXISTING 10' WIDE ' PUBLIC SERVICE ...../.::€ EASEMENT PER 772 M 10 SANTA ClARA VALLEY WATER DJSTRJCT K276 a.R. 1575 /'...... / ............. / / / / I / EXISTING 20' WIDE PUBLIC SERVICE EASEMENT PER 772 M 10 -- --...... ---- .......--....... --- POS b g C\I SUMMARY VACATION II a;; 7 OF PUBLIC SERVICE r- 9 ;:: E EASEMENT (P,S,E.) :g -~- In AREA = ::1::29 SQUARE FEET ~ ...... w 0 -I :z <( 8 0 (j) LANDS Of HEWELL-TRACT No. 9546 SOOK 772 MAPS, PGS. 10 &: 11 .... U) 0- ::::I! ..0: N N <'I a:; \ ;g o ~ ""- ~ TRACT No. 9184 ~ SANTA FE 719 MAPS 18~21 4 '" 31; "'0 ~ -r is ." ;!J. ~ 8 '" ~ ~ o .I o $ .:.J LINE TABLE NO. BEARING LENGTH L1 S01'25'56"E 11.81' L2 559'17'26"E 8.45' L3 S75'42' 34"W 14.14' TRACT 675 MAPS 25 6 LEGEND M MAPS 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.) ~M:H engineering Co. =-~Bo~ . 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