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Resolution No. 2011-25 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ) ) ) ) ) ) ) ) ) ) ) DOCUMENT: 21171370 \\llllnUIIIII~ ~\ n ~ Fees Taxes. . . Copies. AMT PAID Pages: 7 * No Fees RESOLUTION NO. 2011-25 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE ** 009 5/10/2011 10: 13 AM RECORDED WITHOUT FEE UNDER CA. GOVERNMENT CODE SECTION 6103 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION NO. 2011-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A PORTION OF THE NON-BUILDABLE EASEMENT ON A PORTION OF PARCEL 2A, SHOWN UPON THAT CERTAIN PARCEL MAP FILED JANUARY 15, 1988 IN BOOK 582 OF MAPS, PAGES 21 AND 22, 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 of the City of Gilroy has determined that the hereinafter described easement is unnecessary for present or prospective public use; and WHEREAS, the approximately 7,417.20 square feet portion of the non-buildable easement 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, a portion of the non-buildable easement to be vacated is on a portion of parcel2A shown upon that certain parcel map filed on January 15, 1988 in Book 582 of Maps, Pages 21 and 22, Records of Santa Clara County; and 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 easement 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: 1. That a portion of the non-buildable easement proposed for vacation was dedicated -1- Resolution NO. 2011-25 to the City of Gilroy shown upon that certain parcel map filed January, 15, 1988 in Book 582 of Maps, Pages 21 and 22, Records of Santa Clara County. 2. That the portion of the non-buildable easement was required until the City determined it was no longer necessary. Said portion of the non-buildable easement is unnecessary for present or prospective public use, and there are no public utility facilities located within the easement. 3. The City Council of the City of Gilroy, pursuant to California Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of the a portion of the non-buildable easement described in Exhibit A" and shown in Exhibit "B". 4. The City Clerk shall cause a certified copy of this resolution to be recorded in the Santa Clara County Recorder's Office. 5. From and after the date of this Resolution is recorded in the Santa Clara County Recorder's Office, a portion of the non-buildable easement described in "Exhibit A" and shown on "Exhibit B" shall no longer constitute a non-buildable easement. 6. The City Council of the City of Gilroy has determined that of the non-buildable easement is in excess by the City of Gilroy. PASSED AND ADOPTED this 2nd day of May, 2011, by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, LEORE-MuNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO -2- Resolution NO. 201l-25 s APPROVED: ~ Albert Pinheiro, Mayor -3- Resolution NO. 2011-25 "EXHIBIT A" LEGAL DESCRIPTION FOR ABANDONMENT OF A 30' NON-BUILDABLE EASEMENT An easement over that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of "Parcel 2A" as shown on the Parcel Map filed January 15, 1988 in Book 582 of Maps, at Pages 21 and 22, Records of Santa Clara County, California, more particularly described as follows: Beginning at the southeast corner of said "Parcel 2A"; thence along the south line of said "ParceI2A", S5r55'OO"W, a distance of 247.24 feet; thence N32005'OO"W, a distance of 30.00 feet; thence N5r55'OO"E, a distance of 247.24 feet, to the east line of said "Parcel 2A"; thence along said line S32005'OO"E, a distance of 30.00 feet to the Point of Beginning. As shown on "Exhibit B" made a part hereof END OF DESCRIPTION This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. 4//, . I Date LEGEND - - - - - - EASEMENT TO BE ABANDONED - - - - - NEW PARCEL BOUNDARY LINE LOT LINE TO-BE -REMOVED EXISTING LOT LINE TIE LINE - - - - - - EXISTING EASEMENT LINE - - - CENTER LINE POB POINT OF BEGINNING PUE PUBLIC UTILITY EASEMENT PSE PUBLIC SERVICE EASEMENT (R) RADIAL BEARING o ~ 150 I 300 I 450 I SCALE IN FEET: 1"= 150' "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR ABANDONMENT OF A 30' NON-BUILDABLE EASEMENT ON A PORTION OF "PARCEL 2A" AS SHOWN ON THE PARCEL MAP FILED JANUARY 15, 1988 IN BOOK 582 OF MAPS, AT PAGES 21 AND 22 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CAUFORNIA c~;; I T ~ I 3 ~~ I ~ r; I . iz .................~G-J 'N 'd Ul. ,0 10. I::;;: I :-::~ \J I c;?;; I ;, s: t<l I I 'm i'I' t I ; i I I mm.._...- ~rl'J! L ......_~,/ . (.N . en. t~ I '::<....0;0 , -..., "v ; 6'" <-0 '1 \ 43' ;01 vx-:;: 0' Itl! " "0 ~~ i;j..~ / ;:;;:::-=::~'~~,=.. II ROSSI COURT .m\\ -;- _ '\ ....~~0-ltmr ... L1 . """ C '2. ,>)./ --l m1m , .~:-'::::r:::-'::;- . ~ I ~i 6'0'<0 1:3.. NI x- /' 01 dl ~->G-J UlI ".j>. g\ "0 ~ 1 . I ::;;: .j>. G-J ~ ~:- ;0'1<0 o 0 N' x- /' o ~ 01; ~. S OO""-:;:i .~ . ~ ~! "0 i! z ! LN5T55'OO"E 247.24' i I ~ I' - - - +:-r -:: ~'-;::-/'-;:::-'i- - -'125 dl N5T55'OO-;'[ 178.26,1 'N5;:~;'05-:~' ~'47.24' l~ 81- ~ rrI G-J POBJ i ::;;: )>)>0 " m(j) . )>rrlz ,I z;;:: 0 1 I g~T III ~;::!.m I og;<;; :r:N:; II rrll)> ~f~ I: ~~rrI :n ~~ :1 ~I ,I r II )> II ~ 10' PUE(544-M-6)--11-- I; I I 1\ I! t-------- o g c.: S. [""q "'U ?~ ~~ 6'0' <0 x- /' ~x- .... "0 Ci :: r~:.~ &)> I\.' \\) .> OJ n:l CJ:l .;::,. en :-0 --'-J> lD AJ in S." i~.~.~~ I GJ C;.) ~ ;";. lr) ~ri in ~ f:.~:.~ OJ .l',. , Ul '(Xl '<:0 ~~ ~ 'l!~. I C) :5: r", i I -<) '%> f'J2>c ;?" <? ~0' ~"? ./ t~. cn ~ I CO' I I , [BA'y A .:;:, ; TEL REA C I Imi LEASE ELL ;: '_. : APN. 8 lr) "- '-- j. . 41 7 fY ==-~~7~~~~:c_; ,1 ....-------.__ SOU- J8/47'..::::--....i. '--. /) ---------..--__.._____rH~1 _ r---":"::=::::f:::::/G~.~ I '\---__ VE' ~ ' \------~--~---~~=: 'RJk- RUGGERI-JENSEN-AZAR ENGINEERS. PLANNERS. SURVEYORS SCALE: 1"=150' JOB NO.: 102018 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-25 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 May, 2011, 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 May, 2011. (Seal)