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Resolution No. 2005-32 -- DOCUMENT: 18519389 Pages: 6 11111I1'11111111 .II! Fees * No Fees Taxes, Copies, AMT PAID Recorded without fee under Government Code 9 6 When recorded return to: City Clerk City of Gilroy 7351 Rosanna Street Gilroy, California 95020 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 004 8/1 1/2005 I :35 PM SP ACE ABOVE THIS LINE FOR RECORDERS USE ONT..... Y RESOLUTION NO. 2005-32 A RESOLUTION ORDERING THE VACATION OF 312 SQUARE FEET OF A PUBLIC STREET KNOWN AS MESA ROAD, ADJACENT TO PARCEL 3 REMAINDER, IN BOOK 741, PAGE 14, RECORDS OF SANTA CLARA COUNTY 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 known as Mesa Road, as fully 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: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF \JH\659473 1 01052305-04706002 -1- Resolution No, 2005-32 GILROY, AS FOLLOWS: 1. That a portion of the public street known as Mesa Road was dedicated to the County on September 28, 1928, Book 435, Page 101, and was acquired by the City through annexation number 154, Mesa Road Reorganization 87-02, Resolution 87-67, September 21, 1987. 2. That the order of vacation of the portion of the public street known as Mesa Road conforms to Streets and Highway Code section 8334 because the said portion of Mesa Road is excess right-of-way not currently developed or used as a road and not required for street or highway purposes, 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 Mesa Road described in Exhibit "A" attached hereto, having determined that it is excess right-of-way. 4. This Resolution shall become effective on June 6, 2005 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 Mesa Road described in Exhibit "A" shall revert to Parcel 3 remainder as shown in Book 741, page 14. PASSED AND ADOPTED this 6th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \JH\6594711 01052305-04706002 -2- Resolution No, 2005-32 \JH\659473.1 01.052305-04706002 -3- Resolution No, 2005-32 -- '-' EXHIBIT 'At LEGAL DESCRIPTION TO ACCOMPANY VACATION OF PUBLIC STREET CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA Being a portion of Mesa Road as said Road is shown on that Parcel Map filed for record in Book 741 of Maps, at page14, Santa Clara County Records. being more particular1y described as follows: COMMENCING at the most southerty comer of that certain PARCel 3 REMAINDER as shown on said Parcel Map, said comer lying .on the northeasterly right-of-way of said Mesa Road; thence along the southwesterly boundary of said PARCEL 3 REMAINDER and said right-of way North 360 24' 16" West 112.00 feet, South 53035' 44" West 10.00 feet, NOrth 36024' 16" West 392.13 feet and North 80 25' 00" West 53.05 feet to the TRUE POINT OF BEGINNING; thence continuing along said southwesterty boundary and right-of-way North eo 25' 00. West 37,00 feet and North 44D 33' 45" West 30.45 feet to a point of cusp; thence leaving said boundary and right-of-way along a curve to the right from a tangent bearing South 2eo 27' 49" East, with a Radius of 255.00 feet, through a Central Angle cf40 29' 04", an Arc Distance of 19.98 feet to a Point Of Tangency; thence South 23<<' 58' 45" East 44.21 feet to the TRUE POINT OF BEGINNING. Containing 312 square feet of land, more or less. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. Description prepared by Hanna & Brunetti, Civil Engineers & Land Surveyors, 7651 Eigleberry Street, Gilroy, CA. 95020 ' Arnold R. Brunetti, R.C.E, 17186 Date J:j" . ';. ':" .. . 'Il" ....It.. EXHIBIT -S- PLAT 10 K.;CO/PNf'( VACA11QN OF PUBUC ::)1 tct.t.1 CITY OF GII..ROV. SANTA CLARA COUNlY_ ,CAI.JFORtM ' DECEMBER, 2004 SCAlE: 1- = 60' , ~ ~ ~ <& ~ .0 ~ o~,... \ ~A\~ q.. .~ ~ <.\ k ~.-i "'" ~. "'r~ 1> ~ ~ ~ ~ DELTA 04-29'04- ~ ~" " ~,.. , UNE L1 L2 L3 L4 L5 UNE TABLE LENGTH 10.00 53.05 37.00 30.45 44.21 BEARING 553-35'44 row N<Hr25'OO"W N<Hr25'OO"W N44"33'45"W 523"58' 45-E .0 ~. ",... q.. ~ '?~ ~ C'$. '?., ~,... ~/~~ . "'AR OLD R. BRUNEiTJ. R.C.E 1 7186 ..5-S-~ DATE HANNA & BRUNETTI CIVIL ENGINEERS & 7651 EIGLEBERRY STREET - GILROY, I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-32 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 June, 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 28th day of June, 2005, ---'\ Q ~// , ", ~ ' {---f ' City Clerk of the City of Gilroy (Seal)