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Resolution 2013-40RESOLUTION NO. 2013-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN STRIP OF LAND DESIGNATED AS A PORTION OF A PUBLIC STREET RIGHT OF WAY DESIGNATED FOR PUBLIC USE, THE STREET SHOWN AS TEA TREE COURT SHOWN UPON THAT CERTAIN MAP ENTITLED TRACT 9967, RANCHO HILLS FILED WITH THE COUNTY RECORDER OF SANTA CLARA COUNTY CALIFORNIA. 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and Highway Code, Section 8330 et seq., the City Council may summarily vacate a public street when the street has been superseded by relocation; and WHEREAS, the public street was dedicated to the city on Tract Map 9967, Rancho Hills on September 1, 2011, which map is recorded on the County Recorder's Office Book of Maps, book 846, pages 40 -51; 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 street 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 the public street shown as a portion of Tea Tree Court dedicated on Tract Map 9967, Rancho Hills recorded on the County Recorder's Office Book of Maps, book 846, pages 40 -51 has been superseded by relocation. 2. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section 8330 et seq., hereby orders the vacation of a portion of the street shown as Tea Tree Court dedicated on a Tract Map 9967, Rancho Hills recorded on the County Recorder's Office Book of Maps, book 846, pages 40 -51, described in Exhibit "A" attached hereto; and 3. This Resolution shall become effective on November XX, 2013, 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 street shall no longer constitute a public street and the land subject 1JH1618265.1 -1- RESOLUTION NO. 2013 -40 03110413552001 to the public street shall revert to the property located at 9271 Tea Tree Court, Gilroy, California, APN 783 -75 -001 and 9281 Tea Tree Court, Gilroy, California, APN 783 -75 -002, as described in Exhibit "B" attached hereto, pursuant to Streets and Highway Code Section 8351. I HEREBY CERTIFY 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 4th day of November, 2013, by the following role call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN APPROVED: Ik• . • • ATTEST: ,i Freels, City Clerk \JH\618265.1 -2- RESOLUTION NO. 2013 -40 03110413552001 "Exhibit A" / 9© ,-,10riginal Approval i %� �� / �\ New Location 320- N -1-T I SCALE 1 "=20' 1 "EXHIBIT A" LEGAL DESCRIPTION FOR VACATION OF A PUBLIC STREET AND A PUBLIC SERVICE EASEMENT AS SHOWN ON TRACT NO. 9967 Tea Tree Court: All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being all of "Tea Tree Court" as shown on the Map entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at Pages 40 through 51, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the intersection of the monument line of "Tea Tree Court" with the southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map; thence along said boundary line, N89 °40'26 "W, a distance of 45.43 feet to the right -of -way line of said "Tea Tree Court"; thence along said right -of -way line, N49 040'54 "W, a distance of 103.01 feet to a tangent curve to the left. having a radius of 39.00 feet; thence continuing along said right -of -way line, westerly along said curve, through a central angle of 62 034'10 ", a distance of 42.59 feet to a reverse curve to the right having a radius of 50.00 feet; thence continuing along said right -of -way line, northerly along said curve, through a central angle of 242 034'10 ", a distance of 211.68 feet; thence continuing along said right -of -way line, S49 °40'54 "E, a distance of 204.15 feet to a tangent curve to the right having a radius of 122.00 feet; thence continuing along said right -of -way line, southeasterly along said curve, through a central angle of 16 012'42 ", a distance of 34.52 feet to the southerly boundary line of said "Tract 9967, Rancho Hills "; thence along said boundary line, N89 040'26 "W, a distance of 27.94 feet to the Point of Beginning. Containing 16,930 square feet, more or less. As shown on the Plat attached hereto, and made a part hereof. Public Service Easement: All that real property situated in the City of Gilroy, County of Santa'Clara, State of California, being portions of "Lot 1 ", "Lot 2 ", and "Parcel A ", as shown on the Map entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at Pages 40 through 51, Records of Santa Clara County, California, being more particularly described as follows: All of the 10 foot wide "Public Service Easement" adjacent to "Tea Tree Court" and lying within said "Lot 1", "Lot 2 ", and "Parcel A ". Containing 6,104 square feet, more or less. As shown on the Plat attached hereto, and made a part hereof. Page 1 of 2 END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. 0 9 %��2a13 Brydn Pierce, PLS 8859 Date Expires: 12/31/2013 Page 2 of 2 00L LAA10`rG\ a BRYAN PIERCIt N No. 8859 Q' CF CAL%f Q LOT 2 L= 157.08' _ TRACT 9957 A= 180'00'00 "/� / �2 34' 1 0 "(T)�\ 845-M-40 AC* 9.35 35 ACS o L= 76.70 ` \ -5 Rll 0 �. 1 _ -- 6'44 0 0 1 100 TEA TREE COURT 0 TRACT 9967 846 -M -40 16,930 SFt v `Sst•• \ y' \ 42.59' \v, 7 \ \ l i =39.-0-0 AOS 7 SAS L= 54.60' A= 62'34'10\ ��� Alp'f'� o F. A= 62'34'10" \ ��A j0 pp \ \ 2 01 LOT I o� TRACT 9957 ��� 3 \ pSA` 846 -M -40 cam} Q \ �\ SS 62�Ap \ 11,899 SF� SOS �j., 164.32' 237.57' \per �\ 45.43' �� 27.93'% 00 rl w v 0 0 z N89'40'26 "W 1 475. TRACT 0473 789- MII -37 PARCEL A TRACT 9957 846-M-40 31'48" LOT B TRACT 8853 681 -M -23 "EXHIBIT A" PLAT TO ACCOMPANY DESCRIPTION FOR THE VACATION OF THE PUBLIC RIGHT -OF -WAY NAMED TEA TREE COURT & ADJACENT PUBLIC SERVICE EASEMENT AS SHOWN ON THE MAP ENTITLED "TRACT 9967, RANCHO HILLS ", FILED SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, PAGES 40 THROUGH 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SHEET 1 OF 1 L 11 RUGGERI- NSEN -AZAR ENGINEERS ■ PLANNER'S ■ SURVEYORS 8055 " AMP40 ARROYO RCv, CA 9512') F' ;Oh °W: 408j 648-0300 AX: i 4G<ti) 848 -0302 SCALE: DATE: JOB NO.: 1" = 50' 08/22/2013 1 062025 o "� �4 a S YAN PIERCE LEG END 0 8659 P OB POINT OF BEGINNING �9A �j� /t o/ j POC POINT OF COMMENCEMENT FOF CA``�OP - - - BOUNDARY LINE EXISTING LOT LINE — — — — — — — EASEMENT LINE — CENTERLINE /MONUMENT LINE Q 50 100 150 (R) RADIAL BEARING - - (T) TOTAL DIMENSION SCALE IN FEET: 1 "= 50' PSE PUBLIC SERVICE EASEMENT "EXHIBIT A" PLAT TO ACCOMPANY DESCRIPTION FOR THE VACATION OF THE PUBLIC RIGHT -OF -WAY NAMED TEA TREE COURT & ADJACENT PUBLIC SERVICE EASEMENT AS SHOWN ON THE MAP ENTITLED "TRACT 9967, RANCHO HILLS ", FILED SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, PAGES 40 THROUGH 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SHEET 1 OF 1 L 11 RUGGERI- NSEN -AZAR ENGINEERS ■ PLANNER'S ■ SURVEYORS 8055 " AMP40 ARROYO RCv, CA 9512') F' ;Oh °W: 408j 648-0300 AX: i 4G<ti) 848 -0302 SCALE: DATE: JOB NO.: 1" = 50' 08/22/2013 1 062025 "EXHIBIT B" LEGAL DESCRIPTION FOR VACATION OF A PUBLIC STREET AND A PUBLIC SERVICE EASEMENT AS SHOWN ON TRACT NO. 9967 Lot 1 After Street Vacation: All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being all of "Lot 1" and a portion of "Tea Tree Court" as shown on the Map entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at Pages 40 through 51, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the intersection of the monument line of "Tea Tree Court" with the southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map; thence along said southerly line, N89 °40'26 "W, a distance of 283.00 feet to the west line of said "Lot 1 "; thence along said west line, N40 019'06 "E, a distance of 154.68 feet to the monument line of "Tea Tree Court ", as shown on said map, and the beginning of a non tangent curve to the right, of which the radius point-lies S03 °37'38 "E, a radial distance of 100.00 feet; thence along said monument line, easterly along said curve, through a central angle of 43 056'44 ", a distance of 76.70 feet; thence continuing along said monument line, S49 040'54 "E, a distance of 134.76 feet to a tangent curve to the right having a radius of 100.00 feet; thence continuing along said monument line, southeasterly along said curve, through a central angle of 07 016'21 ", a distance of 12.69 feet to the Point of Beginning. Containing 19,281 square feet, more or less. As shown on the Plat attached hereto, and made a part hereof. Lot 2 After Street Vacation: All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being all of "Lot 2" and a portion of "Tea Tree Court" as shown on the Map entitled "Tract 9967, Rancho Hills ", filed September 1, 2011 in Book 846 of Maps, at Pages 40 through 51, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the intersection of the monument line of "Tea Tree Court" with the southerly boundary line of "Tract 9967, Rancho Hills ", as shown on said Map, said point being the beginning of a curve to the left, of which the radius point lies S47 °35'27 "W, a radial distance of 100.00 feet; thence along said monument line, northwesterly along the arc, through a central angle of 07 016'21 ", a distance of 12.69 feet; thence continuing along said monument line, N49 °40'54 "W, a distance of 134.76 feet to a tangent curve to the left having a radius of 100.00 feet; thence continuing along said monument line, westerly along said curve, through a central angle of Page 1 of 2 43 °56'44 ", a distance of 76.70 feet; thence leaving said monument line, S40 019'06 "W, a distance of 154.68 feet to the south line of said "Lot 2 ", and the west corner of "Lot 1", as shown on said map; thence along said south line, N89 040'26 "W, a distance of 164.32 feet to the west line of said "Lot 2 "; thence along said west line, N00 °25'42 "W, a distance of 1,400.00 feet to the north line of said "Lot 2 "; thence along said north line, S65 036'05 "E, a distance of 358.08 feet to the east line of said "Lot 2 "; thence along said east line, S33 °06'02 "E, a distance of 80.00 feet; thence continuing along said east line, S12 039'34 "E, a distance of 192.71 feet; thence continuing along said east line, S7720'26'1/11, a distance of 283.34 feet; thence continuing along said east line, SO4 °21'45 "E, a distance of 213.99 feet to a tangent curve to the left having a radius of 250.00 feet; thence continuing along said east line, southerly along said curve, through a central angle of 25 05600 ", a distance of 113.08.feet; thence continuing along said east line, S30 016'45 "E, a distance of 60.00 feet to a tangent curve to the left having a radius of 200.00 feet; thence continuing along said east line, southeasterly along said curve, through a central angle of 35 605'12 ", a distance of 122.48 feet; thence continuing along said east line, S65 021'57 "E, a distance of 50.00 feet to -a tangent curve to the right having a radius of 150.00 feet; thence continuing along said east line, southeasterly along said curve, through a central angle of 17 °18'46 ", a distance of 45.32 feet; thence continuing along said east line, N41 °56'49 "E, a distance of 37.00 feet to the beginning of a non tangent curve to the right, of which the radius point lies S41 °56'49 "W, a radial distance of 187.00 feet; thence continuing along said east line, southeasterly along said curve, through a central angle of 36 °08'11 ", a distance of 117:94 feet; thence continuing along said east line, S1 1055'00"E, a distance of 80.42 feet; thence continuing along said east line, S00 °19'34 "W, a distance of 287.18 feet to the south line of said "Tract 9967 "; thence along said south line, N89040'26W, a .distance of 27.94 feet to the Point of Beginning. Containing 9.575 acres, more or less. As shown on the Plat attached hereto, and made a part hereof. END OF DESCRIPTION. This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. Br,on Pierce, PLS 8859 Date Expires: 12/31/2013 Page 2 of 2 JS�pt� LAII►OSG� /<t G 4 BRYAN �p PIERCE �o No. 8859 \9�� Q� OF CA0- Nss36' I \ 388 08, 1 1 I z. 1 N, 1 W 1 � I w 3.3A! IVA,,,20 I Z 0 1 .P I N 1 1 ? p w I ° PARCEL A cD TRACT 9967 o I N 845 -M -40 p 1 I �n Ci Q'tp IN O to u CD 131 I z fir' ,ONA& LAIV OOP& CL BRYAN PIERCE NO. 59 POB FOP CAI -%' � (R) (T) LOT 2 � TRACT 9967 j1 846 -M -40 AFTER STREET VACATION U 9.575 ACf I co FORMER r; LOT LINE-1 °N° LOT 1 TRACT 9967 1 846 -M -40 C e \ %y ail (AFTER STREET F VACATION \ Cam\ \ Z� 19,281 SFf 164.32_28�� 10 - N89'4026 "W 475.25'(T) 9 8 7 6 Lil TRACT� 9473 I POB 789 - M -37 ^ LOT 3 TRACT 9967 845 -M -40 PARCEL A ;5 TRACT 9967 27.94' 345 -M -40 10114 E LEGEND POINT OF BEGINNING BOUNDARY LINE EXISTING LOT LINE RADIAL BEARING TO TAL DIMENSION PUBLIC SEROCE EASEMENT CURVE TABLE CURVE LENGTH RADIUS.-- DELTA C1 113.08' 250.00' 25155'00" C2 122.48' 200.00' 35'05'12" C3 45.32' 150.00' 17'18'46" C4 117.94' ...187.00' 36'08'11" C5 12.69' 100.00' 7'16'21" C6 1 76.70' 100.00'' 43'56'44" LINE TABLE_ _ LINE I BEARING DIST L1 N33- 06'02 "W 80.00'' L2 N30'16'45 "W 60.00' L3 ' N65'21'57 "W 50.00' L4 (R) N41'56'49 "E 37.00' L5 Nll'55'00 "W 80.42' L6 N49'40'54 "W 134.76' L7 N40'19'06 "E 154.68' L8 (R) N.47'35'27 "E 100.00' L9 R NO3'37'38 "W 1 100.00' LOT B 0 200 400 600 TRACT 8853 681 -M -23 "EXHIBIT B" PLAT TO ACCOMPANY DESCRIPTION FOR THE VACATION OF THE PUBLIC RIGHT -OF -WAY NAMED TEA TREE COURT & ADJACENT PUBLIC SERVICE EASEMENT AS SHOWN ON THE MAP ENTITLED "TRACT 9967, RANCHO HILLS ", FILED SEPTEMBER 1, 2011 IN BOOK 846 OF MAPS, PAGES 40 THROUGH 51, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA SCALE IN FEET: 1 "= 200' SHEET 1 OF 1 1444 Rl 1 RUGGERI- JENSEN -AZAR ENGINEERS • PLANNERS F SURVEYORS 80155 CAMINO ARROYO GI POP CA 95Ei2u -ONE: (408) 81-0 -01300 ,Ax: (408) F48 -030.2 SCALE: DATE: JOB 1" = 200' 08/22/2013 06: I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -40 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 4t' day of November, 2013, 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 6t' day of November, 2013. �I awna Freels, MMC City Clerk of the City of Gilroy (Seal)