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Resolution No. 2006-71 DOCUMENT: 19199345 Pages: 4 When recorded return to: I111I1I111111111111111111 Fees. Taxes, Cop i es, . AMT PAID " No Fees City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 Attention: Rhonda Pellin City Clerk REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 006 11/22/2006 2:05 PM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY RESOLUTION NO. 2006-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OkDERING THE VACATION OF A PUBLiC SERVICE EASEMENT ACQUIRED BY THE CITY PURSUANT TO RESOLUTION 515, DATED JUNE 15, 1959. 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 date of dedication is less than five years, and more than one year, immediately preceding the proposed vacation and the easement has not been used continuously since that date; and WHEREAS, a public service easement was granted to the City of Gilroy ("City") by agreement between the City and the owner of the underlying property, which agreement was approved by the City Council by Resolution 515 on June 15, 1959 and recorded on June 22,1959 (a copy of which is attached hereto as Exhibit A); 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 conforms to 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: 1. That the public service easement acquired by the City pursuant to Resolution 515, dated June IS, 1959 is now no longer necessary because it has not been used for the purpose for which it was dedicated for five (5) or more consecutive years immediately preceding the -1- IVPAPPI7009562 111306-04706091 Resolution No. 2006-71 proposed vacation and there are no other public facilities located within the easement. 2. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of the public service easement described in Exhibit "A" attached hereto; and 3. This Resolution shall become effective on November 6, 2006, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and 4. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the public service easement shall no longer constitute a public service easement and the land subject to the public service easement, and any and all improvements thereon shall revert to the owner of the underlying property and said property shall be free of such easement, pursuant to Streets and Highway Code Section 8351. I HEREBY CERTIF'( that the forgoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Gilroy at a regular meeting thereof held on the 6th day of November, 2006, by the following role call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNClLMEMBERS: NONE ABSENT: COUNClLMEMBERS: NONE APPROVED: ~~ I. ATTEj,:..- "-:-L~/ .. 2 /, . -1-', ~ /< ., ---c.---c.----L.....-L--1"- Rhonda Pellin, City Clerk -2- IVPAPP\7009562 111306-04706091 Resolution No. 2006-71 ... ". . .''''R'E".g-5~U'I'ION ." NO": .", ''''~;"' 15 I., . ., ." ~",,-~-:~};, Exhibit A RESOLUTION APPROVING PROPOSED AGREEMENT BETVlEEN THE CITY OF GILROY AND FRANK SERAFIN AND CAMILLE SERAFIN RELATING TO EASEMENT FOR PIPELINE. Be it resolved by the Common Council of the City of Gilroy that it does hereby approve that certain agreement proposed to be made between the City of Gilroy and Frank Serafin and Camille Serafin now presented to the said Common Council, for approval. Said agreement relating to the con- veyance to the City of Gilroy for a right-of-way for a pipe- line, and the payment by the City of Gilroy of the sum of $1,000.00 and such damages which may be caused the said Franl: Serafin and Camille Serafin because of the use of the right-of- way land for pipeline purposes. Be it further resolved that the Mayor of the City of be Gilroy,t and he is hereby authorized to execute the said agreement on behalf of the City of Gilroy, and upon the execution of said I- agreement by both parties, the proper authorities of the City of Gilroy are~cted to cause to be paid to the said Frank Serafin and Camille Serafin the sum of $1,000.00 in accordance with the provisions of t,he aforesaid agreement. . PASSED AND ADOPTED this 15th day of June, 1959, by the following vote: NOES: COUNCILMEN: Pate. Rush. Peters~::n. "Jent'ilOr~ Sallo, Jordan COUNCILMEN: None AYES: ABSENT: COUNCILMEN: None APPROVED: ~~~k~ / / "Mayor Y / U ATTEST: ~ . J /2 /I- · . ;;i,l.J l Aii,J City Clerk I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006-71 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 November, 2006, 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 14th day of November, 2006. ~ ,_~J~/ .J') ~ '---=- - --..tfJu ^__' ~--{_~~A../~ City lerk of the City of Gilroy (Seal)