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Resolution No. 96-15 WHEN RECORDED MAIL TO: ~ I 9;'" BRENDA DAVIS ROE ** 011 SANTA CLARA COUNTY RECORDER 4/04/1996 Recorded at the request of 2:41 PM Ci ty DOCUMENT:0013245896 Tit I es: 1 / Pages: 6 11I111 ~ 111111111111 Fees.,. ,* No Fees Taxes. Cop i es, , -0013245896- AMT PAID RECORDING REQUESTED BY City of Gilroy Susanne B. steinmetz,cityCl City of Gilroy 7351 Rosanna st. Gilroy, CA 95020 ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) -0 N """" (.,) ""'0 :J:It ~ rt"I o W o -.I . Resolution No. 96-15 Vacating Portions of Carlyle Ave'. Homer Ave. and ~cc~f~~~TD~qtEation of Portion of Church Street. SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6 'n :'r u-i 'I' ..., P 2 , 3 PA GE 0 308 , . . . : , ' ~..:.' , r,". '(. ... f ;.: . , ., 1'< RESOLUTION NO. 96-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY VACATING PORTIONS OF CARLYLE AVENUE AND A PORTION OF HOMER AVENUE FOR USE AS A PUBLIC STREET AND ACCEPTING THE DEDICATION OF A PORTION OF CHURCH STREET WHEREAS, the City Council finds that two areas of the Carlyle Avenue right of way owned by the City, the first constituting approximately 609.77 square feet and the second constituting approximately 51 square feet, which areas are depicted on the map attached hereto as Exhibit A, are excess and are not required for street or highway purposes given the alignment and public use of Church Street; and WHEREAS, the City Council further finds that the Homer Avenue right of way depicted on the map attached hereto as Exhibit A is excess and is not required for street or highway purposes given the area's public street alignment and the requirements of the Circulation Element of the City's General Plan; and WHEREAS, approximately 355.76 square feet of property improved as a portion of Church Street, which property is depicted on the attached Exhibit A, is now offered to the City by dedication by final Tract Map No. 8802, which shall be permanently maintained by the City; and WHEREAS, California Streets and Highways Code Section 8334 authorizes the City to summarily vacate excess street right of ways not required for street or highway pll;rposes; and WHEREAS, the City Council has resolved that Government Code Section 65402 shall not apply to the acquisition or disposition by vacation of property that is of a minor nature; IRPJ\302885.01 61-032004706002 -1- RESOLUTION NO. 96-15 r... rn lJ' 'i~ .., \0.,', " , ..... P 2'7 3PA GE0309\ , . , . 'j'., 'l'~' .: : . .. ~. " ..:, . NOW, THEREFORE, BE IT RESOLVED THAT SECTION I Summary vacation of the Carlyle Avenue right of way areas and the Homer Avenue right of way area which is depicted on Exhibit A, all of which are more particularly described on the final Tract Map No. 8802 which shall be permanently maintained by the City, is appropriate because said vacations are found to be minor in nature and: A. Do not cut off access to any person's property because all adjacent properties retain ingress and egress from public thoroughfares; and B. Do not terminate any public service easements; and C. Vacate areas of excess right-of-way which are not required for street purposes. SECTION II The portions of the Carlyle Avenue and Homer Avenue rights of way that are described herein should be and hereby are vacated under Section 8334 of the California Streets and Highways Code from and after the date that this resolution is recorded. SECTION III The dedication of approximately 355.76 square feet of property improved as a portion of Church Street, which property is depicted on the attached Exhibit A and is more particularly described on Final Tract Map No. 8802 which shall be permanently maintained by the City, is minor in nature and should be and hereby is accepted by the City. \RPJ\302885.01 61-032004706002 -2- RESOLUTION NO. 96-15 '1(: /' ,." "t; " .~;l' ;, P 2 1 3 PA GE 0 3 , 0 ~ . ~'. .. . .' t. SECTION IV The City Clerk shall cause a certified copy of this resolu- tion, 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. STEINMETZ Susanne E. Steinmetz, City Clerk IRPJ\302885,01 61-032004706002 -3- RESOLUTION NO. 96-15 P 2 7 3 PA GE 0 3 , I EXHIBIT "A" -<J"o., ,;O4~~ 5S Z 3 . .55 Photographic image may be poor due to condition of ,original document. fQJ; I'ER ",."" IC' N i11':i5r:D' "' ztJUD" 19' SI ~ .,. ~"\ ~.... - .. 9J . ~ ~. 0 'C~ i I MJl4lUJN ,! n~ .1 'N I~ i ~ ... :. i'I ~ ""it. I,,!\ . ~A ~'\. Q\ -- -- /~ \ ~- -- _---- I Zl L ~.;~ f~' pi 6g~ _. _ Ze ! hl ~ " ", ~ ~ ~~ , ~ ~ ,~~ ~ r-.'~ tJ:Jt)_t': ..,,~~~ ""'I. ...... ""' ,~ ~!i ~ ~~ q -,M ~ OD l ' - Zt!ICI tl.8 .c:t~ lii8L.~ ... !;tH~#lI5lHB .... 22 :.l 96.ttr.fi'f.I" t (2 'iltlt. ......llIllldl Z:lev.! 1i8E5l11;l'illllil IV ~'l .":101 "7./Dl n.,=1I' 1 no/ LOa ~ A to: 9t 96/0ZltO P 2 1 3 PA Of.: 0312 I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-15 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 , 19-2,L, 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 March ,1996. ~~&cl/Cr City Clerk of the City 'of Gi~q -- 0 (Seal)