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Resolution No. 2003-15 DOCUMENT: 17097080 Pages: 5 c\ 111111111111111111111111 :0:001 7(1':;'708~:n-.: Fees + No Fees Taxes Copies. AMT PAID RECORDING REQUESTED BY: City of Gilroy BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE j:! 001/102 6/09/2003 11: 20 AM WHEN RECORDED, MAIL TO: Rhonda Pellin, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE TillS LINE FOR RECORDER'S USE) RESOLUTION NO. 2003-15 A Resolution of the City Council of the City of Gilroy ordering the vacation of a certain strip of land designated as an Emergency Access Easement lying between Lots 6, 7 and 9 as shown on the Map of "Tract 9292 Cotswold Court" filed April 4, 2001, in Book 738 of Maps, Page 23, Records of Santa Clara County California I . . RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN STRIP OF LAND DESIGNATED AS AN EMERGENCY ACCESS EASEMENT LYING BETWEEN LOTS 6, 7 AND 9 AS SHOWN ON THE MAP OF "TRACT 9292 COTSWOLD COURT" FILED APRIL 4, 2001, IN BOOK 738 OF MAPS, PAGE 23, RECORDS OF SANTA CLARA COUNTY CALIFORNIA. 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Code, Section 8330 et seq., the City Council may summarily vacate a public service easement when the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the public service easement was designated as an Emergency Vehicle Access Easement ("EV AE") as a condition of "Tract 9292 Cotswold Court" filed April 4, 2001, in Book 738 of Maps, page 23, records of Santa Clara County California ("Tract Map 9292"), said EV AE is fully described in Exhibit A" as attached hereto; 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 designated as an EV AE conforms with the provisions of Section 8333 of the California Streets and Highway Code because said EV AE has been superseded by relocation and there are no other public facilities located within the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That the public service easement designated as an EV AE was dedicated to the City in April 2001 and said EV AE was required until the City extended Mantelli Drive to Santa Teresa Boulevard. Mantelli Drive has been extended to Santa Teresa Boulevard and is now open to the public; therefore, said EV AE has been superseded by the extension of Mantelli Drive; and 2. That the order of vacation of the public service easement designated as an EV AE conforms to Streets and Highway Code Section 8333 because said EV AE has been superseded by \JH\580920.1 01-022403-04706002 -1- Resolution No. 2003-15 . . the extension of Mantelli Drive and there are no other public facilities located within the easement; and 3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of the EV AE described in Exhibit "A" attached hereto; and 4. This Resolution shall become effective on March 3, 2003, 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 EV AE shall no longer constitute a public service easement and the land subject to the EV AE shall revert to Lots 6, 7 and 9 as shown in Tract Map 9292 pursuant to Streets and Highway Code Section 835 L PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ----;?A;~ L Thomas W. Springer, Mayor A~~/ , ,~" '-- -'\ ~1:n lei, ;. U /, . 0~ - i v t-Z \ L-~-<, J'-' Rhohda Pellin, City Cle~ IJH\580920,1 01-022403-04706002 -2- Resolution No. 2003-15 . . EXHIBIT "A" LEGAL DESCRIPTION FOR AN EMERGENCY VEHICLE ACCESS EASEMENT VACATION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: All of that certain strip of land designated as an Emergency Vehicle Access Easement (EV AE), and lying within lots 6, 7, and 9, as said lots and EV AE is shown on the map of "Tract 9292 Cotswold Court", filed April 4, 2001, in Book 738 of Maps, page 23, records of Santa Clara County California. Containing 4,438.63 square feet, more or less. . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2003-15 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of March, 2003, 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 20th day of March, 2003. ,-I erk of the City of Gilroy 4-..... (Seal)