Resolution No. 2004-93
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Recorded without fee under Government Code S 6103
When recorded return to: DO CUM E NT: 18096553
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Pages: 5
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
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Fees * No Fees
Taxes,
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AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
RDE ** 012
1 1 / 1 2/2004
1: 43 PM
RESOLUTION NO. 2004-93
A RESOLUTION ORDERING THE VACATION OF 0.03
ACRES (1156 SQUARE FEET) OF A PUBLIC STREET
DEDICATION LOCATED ON THE NORTH SIDE OF
CYPRESS COURT AND PONDEROSA DRIVE, GILROY,
CALIFORNIA.
WHEREAS, pursuant to the provisions of the California Streets and Highway Code,
section 8330 et seq., the City Council may summarily vacate an excess public right-of-way of a
street not required for street or highway purposes; 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
excess public right-of-way of a street described in Exhibit A" as attached hereto, conforms with
the provisions of Section 8334 of the California Streets and Highway Code, and it is not required
for street or highway purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That in October 1987 a portion of the street known as Cypress Court was
dedicated to the City for public street and utility purposes was filed for record in Book K322
page 1240, and in August 1986 a portion of the street known as Cypress Court was dedicated to
the City as shown on Tract No. 7873, filed for record in Book 564 pages 25 and 26.
\JH\638765,1
01-101704-04706084
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Resolution No. 2004-93
2. That the City Council, pursuant to Streets and Highway Code, section 8330 et
seq., hereby orders the vacation of the excess public right-of-way of the street known as Cypress
Court described in Exhibit "A" attached hereto, having determined that it is not required for
street or highway purposes.
3. That a public utility easement and right-of-way for utilities in, on, over, under,
along and across the property as fully described in Exhibit A" is hereby retained by the City for
the purpose of constructing, installing, operating, maintaining, repairing and replacing public and
City utility facilities, including a reasonable right of ingress and egress over adjoining lands of
the City.
4. This Resolution shall become effective on November 1, 2004, and shall be
recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter.
5. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the portion of Cypress Court described in Exhibit "A" shall revert to Parcell
as shown in Book 564 M 25-26.
PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO and PINHEIRO
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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01-101704-04706084
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Resolution No. 2004-93
LEGAL DESCRIPTION
EXHIBIT "A"
PARCEL A
ALL OF 1 HAT B,EAL PHOPER1'Y SliUAH21) IN THE CITY OF GILROY, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, THAT REAL PROPERTY BEING A PORTION OF A DEDICATION FOR
STREET AND UTILITY PURPOSES WHICH WAS FILED FOR RECORD IN BOOK K322 PAGE
1240 AND A PORTION OF THE STREET DEDICATION OF "CYPRESS COURT" AS SHOWN
ON TRACT NO, 7873 FILED FOR RECORD IN BOOK 564 PAGES 25 & 26, OFFICIAL
RECORDS SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TplE SOUTHERLY BOUNDARY OF PARCEL ONE AS SHOWN ON THAT
CERTAIN PARCEL t<.1AP FILED FOR RECORD IN BOOK 564 AT PAGE 24 RECORDS OF SAID COUNTY,
THAT POINT BEING DISTANT THEREON FROM THE MOST SOUTHWESTERLY CORNER OF SAID
PARCEL $35"35'49"[: 78,31 FEET; THENCE ALONG SAID SOUTHERLY 130UNDARY AND Trll::
NORTHWESTERLY PROJECTION THEREOF N85"35'49"Vt' B9.70 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT AND HAVING A RADIUS OF 42.00 FEET; THENCE WESTERLY ALONG SAID
CURVE THRU A CENTRAL ANGLE OF 11"49'33", AN ARC DISTANCE OF 8.61 FEET TO A POINT ON
THE WESTERLY BOUNDARY OF SAID DEDICATION F~OR ~rrRl2tT AND UTILITY PUI~POSES TO THE
CITY OF GILROY, SAID 80UNDARY ALSO 8EING THE EASTERLY BOUNDARY OF TRACT NO. 8957
'i-"ONDEHO$A" AS HECOROED IN BOOK 691 AT PAGES 48 AND 49, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA; THENCE ALONG SAID WESTERLY AND EASTERLY 80UNDARY N04"23'11"E
0.89 FEET TO nilE BEGINNING Of A NON. TANGENT CUHVE 1'0 THE RIGHT, SAID CURVE BEING
THE CONTINUATION OF THE BOUNDARY OF SAID DEDICATION FOR Sn~EET AND UTILITY
PURPOSES AND SAID SOUTHERLY 80UNDARY OF PAHCEL ONE, SAID CURVE HAVING A RA()IUS
OF SO.OO FEET, A RADIAL LINE TO SAID POINT BEARS N48"32'OB'W; THENCE ALONG SAID CURVE
E:ASrEI~LYrHRLJ A CENTRAL ANGLE OF 90"59'41", AN ARC DISTANCE OF 79.41 FEET TO THE
BEGINNING OF A I~EVERSE CURVE TO THE L EFT AND HAVING A RADIUS OF 45.00 FEET; THENCE
EASTERLY ALONG SAID CURVE rtlR.U A CENTRAL ANGLE OF :r7~51'40.. AN ARC DISTANCE OF
29.74 FEEl" TO THE POINT OF BEGINNING.
CONTAINING o.m~ ACRES MORE OR LESS (:1:1.156 S.F,)
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
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EXHIBIT "8"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PORTION OF A DEDICATION FOR STREET AND UTILITY PURPOSES
WHICH WAS FILED FOR RECORD IN BOOK K322 PAGE 1240 AND
A PORTION OF THE STREET DEDICATION AS SHOWN ON TRACT
NO. 7873 FILED FOR RECORD IN BOOK 564 PAGES 25 .& 26
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA
APRil, 2004 SCALE 1" = 30'
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PORTION OF STREET AND UT1l1TY
DEDICA T10N TO n-tE CITY OF
GILROY PER K322 O.R. 1240
:f:189 s,r.
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CYPRESS
COURT
_S85.36'49"(
(S85~"E)
L"'8.67' R=42,0030'
LFll"49'33"
DETAIL
CURVE
Cl
DELTA
29'33'08"
20'
PORTION or STREET
DEDICA T10N TO THE CITY
OF GILROY PER TRACT
NO. 7873. 564 t.t 25-26
:1:967 S,F.
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11.39' 78 '
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PARCEL A
:1:1,156 S.F,
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L=29.74' R=45.00'
lF37'51 '49"
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3.28'
CYPRESS
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HANNA a: BRUNETTI - CML ENGINEERS a lAND SURVEYORS - GILROY. CA
$ttttT ONE OF' ONE SlEET
IN OSOI.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-93 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
1st day of November, 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 4th day of November, 2004.
Ient~ttije(3ity of Gilroy
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(Seal)
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