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Resolution No. 96-12 RECORDING REQUESTED BY CITY OF GILROY WHEN RECORDED MAIL TO: SUSANNE E. STEINMETZ,City Clerk City of Gilroy 7351 Rosanna Street' Gilroy, CA 95020 II(~(} ROE ** 011 4/04/1996 2:41 PM BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City DOCUMENT:0013245895 Titles:1 / Pages: 6 ~ HI ~ 111111111111 -0013245895- Fees....* No Fees Taxes. . . Copies. AMT PAID -0 N ..... t.) ." %It C') f'T1 o eN o ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION NO. 96 - 12 Welburn Ave.Vacation (portion of) DOCUMENT TI TLE SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 ";./.,::. ,I',',". , . ...... .' P 2 j 3 PA GE 0302 I'" RESOLUTION NO. 96-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY VACATING A PORTION OF WELBURN AVENUE AS A PUBLIC STREET WHEREAS, the City Council has found that a public works project to widen, realign, and relocate a portion of Welburn Avenue complies with the provisions of the Circulation Element of the city's General Plan; and WHEREAS, on September 5, 1995, the City Council declared its intent to vacate a portion of the public street named Welburn Avenue pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code; and WHEREAS, the property to be vacated, a portion of the public street named Welburn Avenue, is shown as Parcel W on the map dated August 1994, prepared by Hanna & Brunetti, which is attached hereto as Exhibit A. Parcel W is more particularly described by the description which is attached hereto as Exhibit Band incorporated herein by this reference; and WHEREAS, the Planning Commission at its duly noticed meeting on September 7, 1995 found that the vacation of Parcel W conforms with the City's General Plan; and WHEREAS, construction relocating a portion of Welburn Avenue is now complete; and WHEREAS, the City owns the title to Parcel W. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I Summary vacation of Parcel W is appropriate because said vacation: A. Does not cut off all access to any person's property because all adjacent properties retain points of ingress and egress from public thoroughfares; and \RPJI3:l3488.01 62-0320047lllm2 -1- RESOLUTION NO. 96-12 ,'. ,J,.,.:,., ,:", " ~ .~ ~ ~ ' , P 2 1 3.pn Gr 03 0 3 , .. ,.t.,:.I't. , . .. . I'; , , .~'- B. Does not terminate any public service easements; and C. Parcel W is excess right-of-way which is not required for street purposes. SECTION II The portion of the public street named Welburn Avenue that is described herein as Parcel W should be and hereby is vacated as a public street under Division 9, Part 3, Chapter 4 of the California streets and Highways Code and shall no longer constitute a street from and after the date that this resolution is recorded. SECTION III The City Clerk shall cause a certified copy of this resolution, attested by the Clerk under seal, to be recorded in the office of the Santa Clara County Recorder pursuant to Section 8336 of the California Streets and Highways Code. PASSED AND ADOPTED this 25th day of March, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: /s/ DONALD F. GAGE Donald F. Gage, Mayor ATTEST: /s/ SUSANNE E. STEIN}~TZ Susanne E. Steinmetz, City Clerk \RPJ\303488.01 62.r02604706002 -2- RESOLUTION NO. 96-12 ~ - CKTOO'OO. It $ -,~5.00' L- $ ,ctt7' lO'.7Q' '---- ~ $ 1cn~'~- ~ " q()'OO'OO. '--!- $ 1'.00' II . W.OO' ~, 0.40' \, " 'lAt' O'OW '~e1 7 ......... BK 115 MAPS 24 APN "'~~.:.~"1'1'- VI l~~PS 24 ............ '. 790-36-04 -,~ ----- ........0-.... GURRIES ASSOCIATES '<-.. '---- ........~.. ~ "~~.~ '---- ..............~ " - - '---- ..... -. "'<:::~ '~~=~',~".:........ '---- ...---......... · ',,~....... Parcel 3 I -"~.~~............ BK 115 ~APS 24 I ~......... ~ '---- . -r~~~:~........ ~-~ I I ""'':_-"'~''',,,,, . I ----,,\ , I I ""'~ P 2 7 3 PA GE 0 3 0 4 I , I EXHIBIT "A" I I I . I ~ OM:..fO OISfAtU un s 1~'~. ~ l'j~1' I . ~ WOC)"OO. VI l~A'j' I U>t U>'j S e.Y1~ )0. ~ 'j().~ . I I AAt" ~~MOOWN I rma.. W 9.182 sq.fl I rue 6.027 sq. ft. I "c.uss ~~r " 2.451 sq.tt. APN M:.CtsS t"~f ~ 1.651 sq. ft. I 790-27-18 I I NEILSON COUGLAS S & ELIZABETH C I CASTlE JAMES & SYLVIA C I r Mea.. w - - (Q) ~ (Q) ~ r.o.e>. ~ ~" ~ I!M ~ (Q) ~ : DATE: AUGUST 1994 1" = 60' 92038 1 OF 1 HANNA & BRUNETTI CML ENGINEERS ok LAND SURVEYORS 7651 ElGLEBERRY STREET GaROY, CALIFORNIA, 95020 (408) 842-2173 ~ PORTION or PARCEL TO CITY or GILRO' BOOK 343 DEEDS 72 WELBURN AVENUE SCALE: JOB NO. SHEET NO. Parcel W EXHIBIT "B" P 2 7 3 PA GE 03 05 A Parcel of land in the City of Gilroy, ~nta Clara County, California, being a portion of Sub lot 43, as shown on Map 8, H Las Animas Partition Suit of Henry Miller, et al vs. Thomas Massey, et al H Superior Court Case No. 5536, being more particularly described as follows: Beginning at the most northerly comer of Parcel 8, as shown on that Record of Survey filed for record in Book 115 of Maps, at page 14, records of said CoURty ; I) thence along the northerly line of said Parcel 8 and Parcel 7 of said Record of Survey South 100 001 OOH West 285.19 feet to the most westerly comer of said Parcel 1; 2) thence along the westerly line of said Parcell South 19055' 3011 East 23.51 feet to a point; 3) thence leaving said westerly line, along a curve to the right with a chord bearing of North 550 111 1511 West, having a radius of 15.00 feet, through a central angle of 700341 3011, an arc distance of 18.48 feet to a point of tangency; 4) thence North 200001 0011 West 14.43 feet to a point of curvature ; 5) thence along a curve to the left, having a radius of 25.00 feet, through a central angle of 900 001 00", an arc distance of 3911 feet to a point of tangency ; 6) thence along the South line of Sub lot 45, as shown on said Map 8, II Las Animas Partition Suit of Henry Mmer, et al vs. Thomas Massey, et alII Superior Court Case No.5536 North 70000' 0011 East 319.13 to a point on the westerly line of Monterey Road ; 7) thence along said westerly line of Monterey Road South 230 14' 30" East 30.05 feet to the Point of Beginning. Containing 9,182 square feet of land, more or1ess. '~}-~:" ,',.'.,..., r/~\'\ ~::_;~,~~~-(~ ~ 1\,.)\ - - ! , , .'.. O....=;cJ <';}. \"J~ '. -., -- ./~! \\ \.::;.. / ' , ~"'. c.... ,.' , ~~.:~~~-~~.;.~~. :.~~' Hanna & Brunetti 76~ 1 Eiglcbcny Street Gilroy, Califomia 95020.~ 122 Civil Enginea1i . Land SwveyOf'S ..08.842.2173 Fax 842-3662 P 2 7 3 PA Of 0 3 06 I, SUSANNE E. STEIHHETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-12 is an original resolution, duly adopted by the COuncil of the City of Gilroy at a regular meeting of said COuncil held on the 25th day of March , 19~, 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 ~ day of March ,1996. (Seal)