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Resolution No. 2005-12 Recorded without fee under Government Code 9 6103 When recorded return to: DOC UM E NT: 18325378 Pages: 6 City Clerk City of Gilroy 7351 Rosanna Street Gilroy, California 95020 111111111111111111111111 Fees. . * No Fees Taxes. Copies, AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City SPACE ABOVE THIS LINE FOR Rb./vKlJtK~ u~t UNLY ROE ** 008 4/14/2005 2:49 PM RESOLUTION NO. 2005-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN AREA OF LAND DESIGNATED AS A PUBLIC SERVICE EASEMENT ON A PORTION OF LOT 8 SHOWN ON THAT CERTAIN TRACT MAP 9546, "LANDS OF HEWELL," FILED FOR RECORD ON JULY 1, 2004, IN BOOK 772 OF MAPS, AT PAGES 10 AND 11, RECORDS OF SANTA CLARA COUNTY WHEREAS, pursuant to the provisions of Chapter 4 of the California Streets and Highway Code, Section 8330 et seq., the City Council may vacate a public service easement ("P.S.E.") when the easement is unnecessary for present or prospective public use, and there are no other public facilities located within the easement; and WHEREAS, the approximately 29 square foot portion of the P.S.E. proposed for vacation is described in the legal description attached hereto as Exhibit A, and is shown on the map attached hereto as Exhibit B, both incorporated herein by this reference; and WHEREAS, the portion of the P .S.E. to be vacated is a portion of Lot 8 designated as a P.S.E. as a condition of Tract No. 9546, "Lands of Hewell," filed for record on July 1, 2004, in Book 772 of Maps, at pages 10 and 11, records of Santa Clara County; and IJH\648515.1 01-021305-04706002 -1- Resolution No. 2005-12 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: I. That the portion of a P.S.E. proposed for vacation was dedicated to the City in July 2004. 2. That said portion of the P.S.E. was required until the City determined that it was no longer necessary. Said portion of the P .S.E. is unnecessary for present or prospective public use, and there are no public utility facilities located within the easement. 3. The City Council, pursuant the Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of the portion of a P.S.E. described in Exhibit A and depicted in Exhibit B; and 4. 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 5. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the portion of the P.S.E. described in Exhibit A and shown on Exhibit B shall no longer constitute a public service easement and the land subject to the P.S.E. shall revert to Lot 8 of Tract No. 9546, "Lands of Hewell," filed for record on July 1, 2004, in Book 772 of Maps, at pages 10 and II, pursuant to Streets and Highway Code Section 8351. \JH\6485151 01.021305-04706002 -2- Resolution No. 2005-12 PASSED AND ADOPTED this 22nd day of February, 2005 by the following: AYES: COUNCILMEMBERS: NOES: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~~ Rhonda Pellin, City Clerk \JH\648515.1 01-021305-04706002 APPROVED: ~or -3- Resolution No. 2005-12 EXHIBIT "A" PROPERTY DESCRIPTION OIl' A SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE EASKMENT (P.S.E.) . All that certain real property situated in the City of Gilroy, County of Santa Clara, State of California, and being a portion of Lot 8 as shown on that certain Tract Map No. 9546 entilled, "Lands of Hewell", flled for record on July 1,2004 in Boole 772 of Maps, at pages 10 and 11 at the Office of the recorder of Santa Clara County and being more particularly described as follows: COM.MENCING at the northwcstcrly corner of sald Lot 8, which is coincident with the northeasterly corner of Lot 7, as said lot is shown on said Map; thence coincident with the we$terly llne of said Lot 8, South OP2Y56" East, a distance of 11.81; thence leaving said line . and coincident with the southwesterly and southerly line of the existing 1 O-foot wide Public Service Easement CP.S.E.) as shown all said Map, the following two courses; South 59017'26" East, a distance of 8.45 feet to the POINT OF BEGINNING and the beginning of a tangent curve, concave to the north; thence coincident with said curve having a radius of 10.00 feet, through a central angle of90000'OO"~ an arc length of 15.71 feet; thence leaving said easement line, South 75"42'34" West, a distance of 14.14 feet to the POINT OF BEGINNING and containing an area of 29 square feet, more or less. See Exhibit "8" attached hereto and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction III conformance with the requirements of the Land Surveyors' Act. ~-~~s 7992 Expires: 12/3112004 ~f5Met:.\=2- 2- ZoDt.} ,............~.".."1____ Date Prepared by the firm of MH engineering Company, Morgan HiU, CA K:\1999\99014.v,doc Last printed 12/2120049:47 AM Page 1 of 1 COMMON AREA &; OPEN sPAcE: IO.S. 1) ,yso """ ., >. " <6'~ POC "(<z' S~'j') ", ( " c:;: , EXISTING 10' WIDE ' PUBLIC SERVICE EASEMENT PER 772 M 10 C'\ SANTA CLA.RA VALLEY WATER DISTRICT K276 O.R, 1575 /'........ I ........, I / I I I I ........ ............. ...... EXISTING 20' WIDE ..... PUBOC. SERVfCE EASEMENr PER 772 M 10 ....... --......-- --....... ""- ""-- I- U'l a... :::s: ..0: N N <'l <i:i POS 0 g (\I SUMMARY VACATION II (0 7 OF PUBLIC SERVICE -y-- 9 ~ ~ EASEMENT (P.S.E.) l.O -N~ ll'> In AREA = ~29 SQUARE FEET S"l .- W 0 -J z <( 8 0 (j) LANDS Of HEWELL~ TRACT No. 9546 BOOK 772 MAPS. PGS. 10 &= 11 \ g o ~ ~ TRACT 675 MAPS 25 TRACT No. 9184 - SANTA FE 719 MAPS 18-21 4 6 "" ~ .." ~ ~ E "" ~ .r -::: :s CJ> ~ ~ C> .i o $ .:J LINE TABLE NO. BEARING LENGTH L1 501"25'56"E 11.81" L1 559.17'26"[ 8.45' L3 S75.42'34"W 14.14' LEGEND M MAPS O,R, OFFICIAL RECORDS POC POINT OF COMMENCEMENT POB POINT OF BEGINNING EXHIBIT IIBn PLAT TO ACCOMPANY PROPERTY DESCRIPTION OF A SUMMARY VACA~ON OF A PORTION OF A PUBLIC SERVICE EASEMENT (P.S.E.) ~:MH engineering 00. =-~Bo~ . DRAWN BY: CCC DECEMBER 1, 2004 Joe #99014 SHEET 1 OF 1 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-12 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 220d 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. ~._~. (Seal)