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Resolution No. 2004-77 RECORDING REQUESTED BY: DOCUMENT: 17992165 I 11111111111111I11 Fees, ' .. * No Fees Taxes, ' Copies. AMT PAID City of Gilroy ! ,")_n Pages: 14 WHEN RECORDED, MAIL TO: Rhonda Pellin, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 007 9/08/2004 10:56 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION NO. 2004-77 A RESOLUTION ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT RETAINED BY THE CITY OF GILROY BY RESOLUTION 2003-55 ON AUGUST 4, 2003 1 RESOLUTION NO. 2004-77 A RESOLUTION ORDERING THE V ACA TION OF A PUBLIC SERVICE EASEMENT RETAINED BY THE CITY OF GILROY BY RESOLUTION 2003-55 ON AUGUST 4, 2003. WHEREAS, the City of Gilroy (City) City Council on August 4, 2003, adopted Resolution 2003-55, which vacated a portion ofBrem Lane, a copy of said resolution is attached hereto as Exhibit "A" and incorporated by this reference; and WHEREAS, Resolution 2003-55 further reserved to the City a public service easement on, over, under and across the property described in Resolution 2003-55; and 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and Highway Code, section 8330 et seq., the City Council may summarily vacate a public service easement that has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City Council having duly considered all evidence, and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 public service easement, as fully described in Exhibit "B" as attached hereto and incorporated by this reference, conforms with the provisions of section 8330 of the California Streets and Highway Code, because it has been superseded by relocation due to the construction of a new road containing new public service easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That the public service easement retained by Resolution 2003-55 is no longer necessary. 2. That the order of vacation of the public service easement conforms to Streets and Highway Code section 8330 because the existing public service easement has been superseded by relocation due to the construction of a new public road containing new public service easements. UH\630888,2 01-072604-04706084 -1- Resolution No. 2004-77 3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, s~ction 8330 et seq., hereby orders the vacation of the public service easement described in Exhibit "B" attached hereto, having determined that it has been superseded by relocation. 4. That there are no other public facilities located within the public service easement. 5. This Resolution shall become effective on August 2, 2004, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter. 6. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the public service easement described in Exhibit "B" shall no longer constitute a public service easement. PASSED AND ADOPTED this 2nd day of August, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: /s/ ALBERT PINHEIRO Albert Pinheiro, Mayor ATTEST: /s/ RHONDA PELLIN Rhonda Pellin, City Clerk \JH\630888,2 01-072604-04706084 -2- Resolution No. 2004-77 '. EXHIBIT A RESOLUTION NO. 2003-55 A RESOLUTION ORDERING THE V ACA TION OF A PORTION OF A PUBUC STREET KNOWN AS BREM LANE ADJACENT TO LOT 1, TARGET CORPORATION, AND LOT 6, REGENCY REALTY GROUP, AS SHOWN ON THE MAP OF "TRACT 9487, Gll..ROY CROSSING" FILED July 8, 2003, IN BOOK 762, PAGES 23-25, 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 street that has been superseded by relocation; 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 portion of the public street known as Brem Lane, as fully described in Exhibit A" as attached hereto and incorporated by this reference, conforms with the provisions of section 8330 of the California Streets and Highway Code, because said portion of Brem Lane has been superseded by relocation due to the construction of the new roads known as Holloway Road and Camino Arroyo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That a portion of the public street known as Brem Lane was relinquished by the State of California to the City on June 3, 1974, Book 926, page 683 and the remaining portion of Brem Lane was acquired by the City through annexation number 134, East Freeway Reorganization 81-6, Resolution 82-8, August 1, 1982. 2. That the order of vacation oi the portion of the public street known as Brem Lane conforms to Streets and Highway Code section 8330 because the existing portion of Brem Lane \JH\li97309,1 01-072503-04706002 -1- Resolution No. 2003-55 has been superseded by relocation due to the construction of the new roads known as Holloway Roadway and Camino Arroyo. 3. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of the portion of Brem Lane described in Exhibit "A" attached hereto, having determined that it has been superseded by relocation. 4. That the City reserves a Public Service Easement on, over, under and across the property described in Exhibit "A." 5. This Resolution shall become effective on August 4, 2003, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter. 6. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the portion of Brem Lane described in Exhibit "A" shall revert to Lot 1, Target Corporation, and Lot 6, Regency Realty Group. PASSED AND ADOPTED this 4th day of August, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ----It; ~ ~ ,) L{J~,~\ Rhonda Pellin, City Clerk \JH\597309,l 01-072503-04706002 -2- Resolution No. 2003-55 () b 4 ffi~ 0 ~ ... ~ 4 (,I ! r i~ ~~ ! t8 I I. i I- 0 a: It t I ~~ i I tJ ~o ~ IAiU ~I ffi WI1 ~ ~o ~ ~i E-t ~Ihn III i Ih~ H I~! ~ ~>- H ::r: >: ::eO ~ I'~ N ~ . ~a: ta ~ , , I .. ...J ~ : '. I, I' - ~J ef' i " !L ~ I" ,. J. ' . I \, I JGI " f' 'r, , tift ~ ", ; fir 3 3lt ", ~u' ~. lid \ 1;liI8111 I I; c"U.BI. ;i;~II. d.!'I' z 11151" ! , I , i , , i I ------~----------------------~--- eo9UI!f MP'ONI13~-Nl'VV3~S\Sl!q!L1x3\9Jlua:J U! OLlS O.ll!El SO~O~ ~O\sqor ~ooZ\sqor D3MSrs I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2003-55 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 4th day of August, 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 7th day of August, 2003. ~, (Seal) EXHIBIT 'B' PORTION OF BREM LANE PUBLIC SERVICE EASEMENT RESERV A TION BEING RELINQUISHED BY THE CITY OF GILROY ALL THAT REAL PROPERTY situated in the City of Gilroy, County of Santa Clara, State of California and being a portion of that certain public road right of way adjacent to State Highway Route 101, more particularly described as follows: BEGINNING at a point on the East line of State Highway Route 101, from which point a 1" iron pin marking the Southerly termination of that certain course labeled as "North 030 53' 57" East, 819.94 feet on that certain "California State Highway Monument Map 4- SCL-101-P.M.5.8 S-169.3" bears South 030 53' 52" West, 24.77 feet; thence from said point of beginning following the East line of said state highway right of way and the West line of the frontage road known as Brem Lane,. the following two (2) courses and distances: 1.) North 03053' 52" East, 795.18 feet. 2.) Along the arc of a 438.00 foot radius curve concave to the Southeast, through a central angle of 020 42' 56", the chord of which bears North 05015' 20" East, 20.76 feet. Thence leaving the West line ofBrem Lane, South 89009' 07" East, 46.26 feet to a point on the East line of Brem Lane and the Northwest comer of Lot 1 as shown on Tract 9487 filed for record in the Office of the Recorder of Santa Clara County on July 8, 2003 in Book 762 of Maps, Pages 20-25, thence along the West line of said Lot 1 and the East line of Brem lane the following four (4) courses and distances: 1.) Along the arc of a non-tangent 392.00 foot radius curve, concave to the Southeast, a radial bearing in of South 82042'28" East, through a central angle of 03022' 58", an arc length of23.14 feet, the chord of which bears South 05036' 03" West, 23.14 feet. 2.) South 03053' 52" West, 729.33 feet. 3.) South 86006' 08" East, 14.00 feet. 4.) Along the arc of a non-tangent 40.00 foot radius curve, concave to the East, a radial bearing in of South 86006'08" East, through a central angle of 390 38' 36", an arc length of27.68 feet, the chord of which bears South 15055' 26" East, 27.13 feet; Thence leaving the West line of said Lot 1 and the East line of said Brem Lane, following the arc of a non-tangent 50.00 foot radius curve, concave to the South, a radial bearing in of South 26052'21" West, through a central angle of 106030' 53", an arc length of92.95 feet, the chord of which bears South 630 36' 55" West, 80.13 feet to the point of beginning. Said property contains 0.8364 acres of 36,435 square feet. Page 1 of2 EXH I BIT IBI '. u c_=.t) ; fi 1~' .~_.'...~,,~{I.~~'~~:-''''-...;,..-..( \./ ~ i LL o ~ ~ ~ , i I i re .. EO ,_-.,M__ io 8 ~~-L.l~ ". w ~ ~ ~. -;-. --~- --'-- -,1-,--- ~=.:::r--:::: ~ ~ 8 n~T:_ ~~~. ~=== ~ =i:~=1;: t-= f1 ~ ~ -~;::::: AoE.D~_-_-f.-~A... ~RES'. ,j: JaAReEf, '-F. =t~ 8 l'I ~., - "t'= ::::J:..1]- ~ --~= ..~ z~ ~'" ~...~ ~ _~__ ~t . :Yt.T~~ . 1-'-" ---. ~ JV~ t:: . -=--i~:::: ---- C-i: i.C r.,/",;/I~ f.- ----- -.....4---- ~~"- --,.. - --, ,-. t~e~.;: t:~._- -!..l~-.~.- =~:J_,J..g.., --t.---. ~~l~_L:~ .--t--"...- !'." _~l !1!._~ l:= =,=~- -,-_. -,--" .- :;,,:f.tf7~ ~...__ ~,,,._~-==.~,. =;T~Ii-- ~~l~' ....----.-.. '-"~l:;rL~ ~'Jl~~ ~~ I~ -.. ~TLi-_~ --, ,-- -,to C---) ;; ~~~j ~~-j s . --'--'-r--~ r~:::~ [i ;>:_"~;e-- ..--' ' ' ~ ~ ~~) l,';_-' _,. _. ___, ~--.-____~-~~-~-:._'< N.:i '. ___-. --TAf1G~,r-! 1~'Wr'\J1"TQ.'- It) W .,..,--.- , ~~- I "j ~ '~'.' ( C1J 'L...:.._vf.....,=5rv~PA. ReEL p'-.- .'t'J. t' rr"';':":::-";:~d z : ! i /// ~ (LOT 1) ffi '! ,.J' . j ,/---=- ." L, ~ i tLl '. ,,(", bY 0: ,I \.I..., l ~ ~ t. ~, ~-- , i "-... 1- I"" t=1 ~ _.~ I~j ,4-"-"( 1"-). fj~ f c (---"1 '--f" '''1 ( i:V:Cf ~ --=.s..a2"42'~ ,._..___. it~-O;W2a~ :::iJ~'3"22'~ff~2~LC: c=;-~=; ,_.----, -----' .....::..:h..;;:.--- ---~-- ::-5D:.o= - \---- ._..~-~~ -- ~. .w...:- - ....j..._- .--:- -r _._~ i J ;... . (:) (:) - II r_____ ,:~ - f\ Rr,r',- !h ,IJt., S 1555'26' E 27.13' ~.39"38'36' A-4Q' 86"06'08' E 14.00' i>Tj BAKER-WILUAMS ENGINEERING GROUP Engineering I SlIMying I lind PI8nnil1g I EntiIIemenI Processing I GPS SetYiQes 1l\2l1 R_IlIIwo<, fiuIlo'l - Cwmic:IM. CA, - l>>1')131_-"'(i1ll)131--~V-.- =2f~ HOLLOWAY ROAD S 63'36'55' W 80.13:---r- ~"106"30'53' A-50' I BREM LANE P .S.E. TO BE RELINQUISHED BY CITY GILROY CROSSING CITY OF GILROY, CALIFORNIA SCALE: 11=100' DATE: JULY 27,04 2 OF 2 JOB #: 01-10-105 EXHIBIT 'B' PORTION OF BREM LANE PUBLIC SERVICE EASEMENT RESERV ATION BEING RELINQUISHED BY THE CITY OF GILROY ALL THAT REAL PROPERTY situated in the City of Gilroy, County of Santa Clara, State of California and being a portion of that certain public road right of way adjacent to State Highway Route 101, more particularly described as follows: COMMENCING at a point on the East line of State Highway Route 101, from which point a 1" iron pin marking the Southerly termination of that certain course labeled as "North 030 53' 57" East, 819.94" on that certain "California State Highway Monument Map 4-SCL-101-P.M. 5.8 S-169.3" bears South 030 53' 52" West 24.77 feet; thence from said point of commencement following the East line of said State Highway right of way and the West line of the frontage road known as Brem Lane, the following two (2) courses and distances: ' 1. North 030 53' 52" East, 795.18 feet; 2. Along the arc of a 438.00-foot radius curve concave to the Southeast, through a central angle of 020 42' 56", the chord of which bears North 050 15' 20" East, 20.76 feet to the true point of beginning. Thence from said point of beginning, continuing along the line common to the East line of said "State Highway Route 1 01" and west line of said "Brem Lane", the following four (4) courses and distances: 1. Along the arc of a 438.00 foot radius curve, concave to the Southeast, through a central angle of 34000' 21", an arc length of259.96 feet, the chord of which bears North 230 36' 58" East, 256.16 feet. 2. North 400 37' 09" East, 725.28 feet; 3. Along the arc of a 219.00-foot radius curve, concave to the Southeast, through a central angle of370 46' 24", an arc length of 144.38 feet, the chord of which bears North 59030' 21" East, 141.78 feet; 4. North 78023' 33" East, 350.82 feet to a point on the Northwest line of "Lot 5" as shown on Tract 9487 filed for record in the Office of the Recorder of Santa Clara County on July 8,2003 in Book 762 of Maps, at Pages 20-25, Thence along the North and West lines of Lots 5 and 6 as shown on Tract 9487 the following nine (9) courses and distances: 1. Along the arc of a non-tangent 75.00-foot radius curve, concave to the Southeast, a radial bearing in of South 39001 '36" East, through a central angle of 390 29' 30", an arc length of51.69 feet, the chord of which bears South 31013' 39" West, 50.68 feet; Page 1 of3 2. Along the arc of a reversing 93.00-foot radius curve, concave to the Northwest, through a central angle of 80022' 57", an arc length of 130.47 feet, the chord of which bears South 510 40' 23" West, 120.03 feet; 3. North 88008' 09" West, 173.41 feet; 4. Along the arc of a 173.00-foot radius curve, concave to the Southeast, through a central angle of 51 001' 37", an arc length of 154.07 feet, the chord of which bears South 660 21' 03" West, 149.03 feet; 5. South 400 50' 14" West, 26.24 feet; 6. South 58043' 25" West, 1.64 feet; 7. South 310 16' 07" East, 0.53 feet to a 1" iron pin; 8. South 400 37' 09" West, 697.92 feet to a 1" iron pin; 9. Along the arc of a non-tangent 392.00-foot radius curve, concave to the Southeast, a radial bearing in of South 49020'50" East, through a central angle of 33021' 38", an arc length of228.24 feet, the chord of which bears South 23058' 21" West, 225.03; Thence leaving the East line of said Brem Lane, North 890 09' 07" West, 46.26 feet to the point of beginning. END OF DESCRIPTION Said property contains 1.6895 acres or 73,595 square feet. Page 2 of3 EXHIBIT IBI . <:) <:) ~ II ;... S 51'40'23" W 120.03' ~-80.22'57' R-93.00' S31'13'39"W 50.68' ~-39'29'30" R-75.00' " N 59.30'21" E 14178' ~-37" 46'24' R-219.00\ DETAL .A. N) 5CAI.E N 23"36'58" E 256,16' ~-34 .00'21" R-438.00'\ POINT OF~ 8E~~~~~~:.76' ~ \ ~-02' 42'56' R-438.oo1-.: ,.". ..~ .- . -,s.23' 58'2..tfcW225:bs"" .1~33'2f37' R-392.00: , ~ , l()' , f2~ (ry ~ ,. ~ , , , ~r A POINT OF --- COMMENCEMENT . . BAKER-WILUAMS ENGINEERING GROUP SCALE: 11= 1 00' Engi1eeting J !iiMying J Land Planning J EnIiIIem8nI Processing I GPS !ieMces lkl211R.-IlIDrtvoo,fiuIIoa1e _ ~,CA, _ JOB #: 01-10-105 1~")IU4D-"'" ti1I)131_-~.g;_...." DATE: JULY 27,04 BREM LANE P.S.E. TO BE RELINQUISHED BY THE CITY OF GILROY GILROY CROSSING CITY OF GILROY, CALIFORNIA 3 OF 3 a,l !, if ! iJ- ~ ;r[ ~ !.J rtl fl'If ~ .~n Iln ~ ~Q~ ~! gl I~I ~ Is' ~ iillJ~111 lilllJ1il It 'III" ~ .lllil,!ill III i.II': r ~ ~ \ ~'c~ UHI! I~I ';~F m i~ I I!J 'I f lJIU ~ IljU jiI ';~n ~ I I'! , a ~Q~ -ern ~::D l~ Q! I Q I I~ ~ ~ szl " . ' " ~.~ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-77 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 2nd day of August, 2004, 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 19th day of August, 2004. /l j i J /i J . .. !l" / i; P (J I ' , \;\..ott,,-~v-- lerk of the City of Gilroy (Seal)