Resolution 2006-71
When recorded return to:
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
Attention: Rhonda Pellin
City Clerk
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
RESOLUTION NO. 2006-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE VACATION OF A PUBLIC
SERVICE EASEMENT ACQUIRED BY THE CITY
PURSUANT TO RESOLUTION 515, DATED JUNE 15, 1959.
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 when the date of dedication is less than five years, and more than one year,
immediately preceding the proposed vacation and the easement has not been used continuously
since that date; and
WHEREAS, a public service easement was granted to the City of Gilroy ("City") by
agreement between the City and the owner of the underlying property, which agreement was
approved by the City Council by Resolution 515 on June 15, 1959 and recorded on June 22, 1959
(a copy of which is attached hereto as Exhibit A); 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
proposed order of vacation of the public service easement conforms to 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 public service easement acquired by the City pursuant to Resolution 515,
dated June 15, 1959 is now no longer necessary because it has not been used for the purpose for
which it was dedicated for five (5) or more consecutive years immediately preceding the
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IVPAPP\700956.2
111306-04706091
Resolution No. 2006-71
proposed vacation and there are no other public facilities located within the easement.
2. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the public service easement described in Exhibit "A"
attached hereto; and
3. This Resolution shall become effective on November 6, 2006, and shall be
recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and
4. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the public service easement shall no longer constitute a public service
easement and the land subject to the public service easement, and any and all improvements
thereon shall revert to the owner of the underlying property and said property shall be free of
such easement, pursuant to Streets and Highway Code Section 8351.
I HEREBY CERTIFX that the forgoing is a true and correct copy of a Resolution
passed and adopted by the City Council of the City of Gilroy at a regular meeting thereof held on
the 6th day of November, 2006, by the following role call vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
ATT,,'T~_.
~/ft:td i 2['. .
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Rhon(la Pellin, City~Clerk
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IVPAPP\700956.2
111306-04706091
Resolution No. 2006-71
Exhibit A
RESOLUTION A.PPROVING PROPOSED AGREEMENT BB'TIvF.EN THE
CITY OF GILROY AND FRANK SERAFIN AND CAMILLE SERAFIN
RELATING TO EASEMENT FOR PIPELINE.
Be i't resolved by the Common Council of the Ci ty of
Gilroy that it does hereby approve that certain agreement
proposed to be made between the City of Gilroy and Frank .
Serafin and Camille serafin now presented to the said Common
Council, for approval. Said agreement relating to the con-
veyance to the City of Gilroy for a right-of-way for a pipe-
line, and the payment by the City of Gilroy of the sum of
$1,000.00 and such damages which may be. caused the said Fran}:
Serafihand Camille Serafin because of the use of the right-of-
way land for pipeline purposes.
Be it further resolved that the Mayor of the City of
pe
Gilrbyt and he ishe-re'by au.thorized to execute the said agreement
on behalf of the city of Gilroy, ahd upon the execl..ltion of said
f
agraement by both parties, the proper authorities of the City
of Gilroy ar~ 'dirtl.cted to cause to be paid to the said Frank
serafin and Camille Serafin the sum of $1,000.00 in accordance
wi th the provisions of t,he aforesa.id agreement.
PASSED AND ADOPTED this 15th day of June, 1959, by the
following vote:
NOES:
COUNCILMEN: Pate. Rush. Petersen. 'ofentvmrt,
Gallo , Jordan
COUNC1LMEN: None
AYES:
ABSENT:
COUNCILMEN: None
APPROVED:
4~uL~ -
/ / . Mayor ,1'
ATTEST:
."
. J(;I3(~ \,J/
("it-v ("lArk
,;,;.....
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-71 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
6th day of November, 2006, 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 14th day of November, 2006.
~~w~2~
City cihk of the City of Gilroy
(Seal)