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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 IJH1649805.3 01-021505-04706089 -1- 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 \JH\649805.3 01-021505-04706089 -2- 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 IJH1649805.3 01-021505-04706089 -3- Resolution No. 2005-13 " EXHIBIT A " \ .. I 'J I j DESCRIPTION ~ 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: " , BEOINNJND lilt Ii the southeast comer of said PlSI"Cel; thence running along the southerly bountJ:ary df said Parcel 'I I 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 ;~ e.) NOQ"4{;'42'W, a distance of 14B_48 feet; thel'lCe ~ 7,) N21""1 '39"E. a distance of 190.511eet; thence j 8.) Seao2s'Oe"e, a distance of 72.82 feet; thence I 9.) Sea'.'32IIE. e distance C1f 194,26 fe~ thence , , 0.) N7eo31'11JwE, ill distance of 402.5Q meat; theoce I 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 ~ 14.) soo.de'oo"E. a dl$tance of ea4.W feet to the POINT OF BEGINNING, ~ I . Containing; 1,424,282.26 'quare feet or 32.13970 acres, more or less. ) END OF DESCRIPTION. "I. 7f":frd / t:.J CI- DATE I! 'I . t. ;s: ~~ 1:>11;I I al 01 ;;:: ~, ~ ~\ ~., ~\ t2. ~, -- rP I "'. i:!a_'\ ~ .~ ~~~ ~ IP. ~ 'P, '3g'l.~1 I t..~s~~ f\A NI f"'~'e-'''': )UI pOG\,) S ~ r-OJ (;< 1- .~ ~ 'clb~ -v ~~\~~........ 1.6 LS ~4- LJ L2 L1 /- -- -----.... ~OO"O;'3;'-W-~;' ------ __4!'11' BONFANTf GARDEN THEME: PARK N6JaZ9' N '~ ~ , TLE~END POINT OF BEGINNING PROPERTY BOIJNOARY LlN' pm ooc. "4139227 " DfSCRJP 710N 8()(jNDA/f Y 't EXIS71NG LOT LINE TOTAL DJAlENSlOI'I RADIAL BCARIN~ r. . ' , . . 'I . NOO'36'OO.W 'i 0.34' , ) '0' " , , " , '\ !: 1\ '0.. ,J .r:;:.R 'I o , ! ~~ " z DET AU. N.T.St UNE: Ll L2 L3 L4 L5 L6 1.7 P.C.B. EXHIBIT B W },a .~ o ,~ \00 ~~ z TRACT MJ62 d 5S6-M-:22 N~~~'oo.wl~!,3a'(T) _ _ _ _ _..._ 9~,99' P.Q,B. ;- NC"II ~Cl! ~~ lD Oi': z ....~ I:l~ D1d .Jai..'---L M p ~ :3 In e. Iii \C 0 ~I~ ~Nl ~,... C'l ~ E OT ..... 0(( It) I N o::~ ,(1 J-N I' I I I I . . I I I I I 32."10 AeQS:i; (r) (R) 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. , (: Z ....... ........ 0 300 600 900 ~ J ,- j SCALE IN FEET: 1OJ= 300' . PLAT T..sL ACCOMPANY DEi:)l..RIPTION I 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 ~ti. 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)