Resolution 2005-13
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. 2005-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF GILROY
ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT
DESIGNATED AS A PERPETUAL RIGHT TO EMPTY WASTE WATER ON
APPROXIMATELY 32.7 ACRES GRANTED IN A DEED FROM JOHN F.
AND CELIA E. UNGLISH TO THE CITY OF GILROY DATED MARCH 12,
1896, AND RECORDED MAY 26,1896 IN BOOK 190 OF DEEDS, AT PAGE
147.
WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and
Highway Code, Section 8330 et seq., the City Council may summarily vacate a public service
easement ("P.S.E.") when the easement has not been used for the purpose for which it was
dedicated or acquired for five (5) consecutive years immediately preceding the proposed
vacation, there are no other public facilities located within the easement; and
WHEREAS, the P.S.E. proposed for vacation is a perpetual right to empty all waste water
from the Gilroy City water reservoir and flume on approximately 32.7 acres described as a
perpetual right granted by a deed from John F. and Celia E. Unglish to the City of Gilroy dated
March 12, 1896, and recorded May 26, 1896 in Book 190 of Deeds, at Page 147; and
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01-021505-04706089
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Resolution No. 2005-13
WHEREAS, the parcel for which the P.S.E. proposed to be vacated is described in the
legal description attached hereto as Exhibit A, and shown on the map attached hereto as Exhibit
B, both incorporated herein by this reference; and
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 P.S.E. proposed for vacation was granted by John F. and Celia E.
Unglish to the City of Gilroy dated March 12, 1896, and recorded May 26, 1896
in Book 190 of Deeds, at Page 147; and
2. That said P.S.E. has not been used for the purpose for which it was dedicated or
acquired for five (5) consecutive years immediately preceding the proposed
vacation; and
3. That said P.S.E. also is unnecessary for present or prospective public use, and that
there are no public utility facilities located within the easement that would be
affected by the vacation; and
4. The City Council, pursuant the Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the P.S.E. that is a perpetual right to
empty all waste water from the Gilroy City water reservoir and flume onto that
property described in Exhibit A and depicted in Exhibit B; and
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Resolution No. 2005-13
5. 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
From and after the date this Resolution is recorded in the Santa
Clara County Recorder's Office, the P.S.E. that is a perpetual right
to empty all waste water from the Gilroy City water reservoir and
flume onto that property described in Exhibit A and shown on
Exhibit B shall no longer constitute a public service easement.
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:
~&~.
Rhonda Pellin, City Clerk
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Resolution No. 2005-13
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EXHIBIT A
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DESCRIPTION
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All that rae' property situated in the City of Gilroy, County of Santa Clara. State of California,
described" follows:
A portion o~ Paroel 8, IS said Parcells described In that certain Certlncate or Compliance (Lot
Line AdJus~ent; Santa Clara County Ordinance Code Section 012-11), Record_d as
Document# 14138227, ~Iat R.ecords of Santa Clara County, California. being more
pl1lrtiwlarlylde9crlbed BS follows:
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BEOINNJND lilt Ii the southeast comer of said PlSI"Cel; thence running along the southerly
bountJ:ary df said Parcel
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1.) N89"~'17'W, a c1istance of 1,826.89 feet; thence leaving said southerly boundary
2.) N[XTdr43~e,. Glstanee of 178,08 feet tr'en~
3,) N04")ia'~E, a distance of 178.81 feel: thence
4.) N02.~'2rEl e distance ofS6.13 feet: thentle
5,) N09'~'49"W. a distance of 120.58 feet; tnen09
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e.) NOQ"4{;'42'W, a distance of 14B_48 feet; thel'lCe
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7,) N21""1 '39"E. a distance of 190.511eet; thence
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8.) Seao2s'Oe"e, a distance of 72.82 feet; thence
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9.) Sea'.'32IIE. e distance C1f 194,26 fe~ thence
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, 0.) N7eo31'11JwE, ill distance of 402.5Q meat; theoce
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11.) NB40511CJ7"E, a distance of 357.84 feet; thence
12.) S89.~'02"E, is distance of 22.2,92 feet, thence
1S.) NS7.~9'43"E, a distance of 330.76 f~ottg II paint on the easterly boundary of said ~I:
thence running along said t!lllUtar1y boundary
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14.) soo.de'oo"E. a dl$tance of ea4.W feet to the POINT OF BEGINNING,
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Containing; 1,424,282.26 'quare feet or 32.13970 acres, more or less.
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END OF DESCRIPTION.
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NOTli 't
S!ARINGS NtD DISTANcesi ARt IJASW C1{ RECORD
lNFORW, nON DESCFifBa) (N THAT CfRrAJN LOT UNIi
ADJUSTMENT FILED AS odcUMOIr #147J9221, (WfCIAL
ReCORDS OF SANTA C~~ COUH1"I. CAJ./F'OffNIA.
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0 300 600 900
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SCALE IN FEET: 1OJ= 300' .
PLAT T..sL ACCOMPANY
DEi:)l..RIPTION
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A PORTION <iF "PARCEL E", AS
DESCRIBED IN THB: LOT UNE ADJUSTMENT
RECORDED AS 'OCUMENT #14139227
CITY 0:8' Gl~OY. SAN CI..AJtA COUNTY. CA.l.JFORNIA
::."t....PJctH~ . . I ~~LfJr:..r~::; . SlIR\('iOAS
JOB NO.;
O~2045
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-13 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 1erk of the City of Gilroy
(Seal)