Resolution 2013-42RESOLUTION NO. 201342
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 WREN AVENUE SHOWN UPON
THAT CERTAIN MAP ENTITLED PARCEL MAP RECORDED
IN MAP BOOK 745, PAGES 20 -21 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when the street has been superseded by relocation; and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 a parcel map on November 27,
2001, which map is recorded on the County Recorder's Office Book of Maps, book 745, pages
20 -21; and
WHEREAS, the City Council having duly considered all evidence, and followed the
procedure prescribed by law, hereby fmds 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 Wren Avenue dedicated on a parcel
map recorded on the County Recorder's Office Book of Maps, book 745, pages 20 -21 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superseded by relocation.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 Wren Avenue
dedicated on a parcel map recorded on the County Recorder's Office Book of Maps, book 745,
pages 20 -21, described in Exhibit "A" attached hereto; and
3. This Resolution shall become effective on November 4, 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
WH1618265.1 RESOLUTION NO. 2013-42
031104 - 13552001
to the public street shall revert to the property located at 291 Vickery Lane, Gilroy, California,
APN 790 -08 -031, 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 4`h 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:
4vt4d f e 4le
Donald Gage, Mayor
ATTEST:
was Freels, City Clerk
IJH1618265.1 RESOLUTION NO. 2013-42
031104- 13552001
"EXHIBIT A"
LEGAL DESCRIPTION
FOR A PUBLIC STREET VACATION
OF A PORTION OF WREN AVENUE
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of Wren Avenue as shown on the Parcel Map filed
November 27, 2001 in Book 745 of Maps, at Pages 20 and 21, Records of Santa Clara
County, California, more particularly described as follows:
Beginning at point on the easterly right -of -way line of Wren Avenue, as shown on said
Map, said point being the northwest corner of "Lot 1 ", as shown on the map entitled
"Vickery Lane Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795
of Maps, at Pages 39 and 40, Records of Santa Clara County, California; thence along
the west line of said "Lot 1", S07 °05'21 "E, a distance of 79.96 feet to a tangent curve to
the left having a radius of 20.00 feet; thence continuing along said west line,
southeasterly along said curve, through a central angle of 90 °07'10 ", a distance of
31.46 feet; thence leaving said west line, S07 °1 1'45 "E, a distance of 10.96 feet; thence
S82 °39'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of
31.00 feet; thence northwesterly along said curve, through a central angle of 79 002'27 ",
a distance of 42.77 feet; thence N18'18'29'W, a distance of 87.60 feet to the south line
of "Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November
29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara
County, California; thence along said south line, N82 047'29 "E, a distance, of 39.90 feet
to the Point of Beginning.
Containing 3,384 square feet, 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.
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BOUNDARY LINE
EASEMENT LINE
PSE PUBLIC SERVICE EASEMENT
(T) TOTAL DIMENSION
(R) RADIAL BEARING
POB POINT OF BEGINNING
0 30 60 90
IImiIIiIIII M7
SCALE IN FEET: 1 "= 30'
"EXHIBIT A"
PLAT TO ACCOMPANY DESCRIPTION FOR
THE VACATION OF A PORTION OF WREN
AVENUE AS SHOWN ON THE PARCEL MAP
FILED NOVEMBER 27, 2001 IN BOOK '745
OF MAPS, AT PAGES 20 AND 21, RECORDS
OF SANTA CLARA COUNTY, CALIFORNIA
GILROY, CALIFORNIA
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LINE TABLE
LINE
BEARING
DIST
'L1
N82 °39'04 "E
12.37''
L2
N07 °11'45 "W
_ 10.9.6'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C1
31.46'
20.00'
90 °07'10" _
C2
42.77'
31.00'
79 °02'27"
SHEET 1 OF 1
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RUGGERI- JEINSEIN -AZAR
ENGINEERS a PLANNERS ■ SURVEYORS
805 Akt: d0 A•RROYO GILROY, CA 95020
PHCNE (408" 8 ,18 -030 FAX! (4M) 848 -03(12
,CALE: DATE: JOB NO.:
1 " =30' 08/21/2013 1 042035
"EXHIBIT B"
LEGAL DESCRIPTION
OF PROPERTY AFTER STREET VACATION
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being all of "Lot 1 ", as shown on the map entitled "Vickery Lane
Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795 of Maps, at
Pages 39 and 40, Records of Santa Clara County, California, and a portion of Wren
Avenue as shown on the Parcel Map filed November 27, 2001 in Book 745 of Maps, at
Pages 20 and 21, Records of Santa Clara County, California, more particularly
described as follows:
Beginning at the northeast comer of said "Lot 1"; thence along the east line of said
"Lot 1", S07 °05'21 "E, a distance of 100.00 feet to the north line of Vickery Lane, as
shown on said Map; thence along said north line, S82 047'29 "W, a distance of 61.70
feet; thence leaving said north line, S0701 1'45"E, a distance of 10.96 feet; thence
S82 039'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of
31.00 feet; thence northwesterly along said curve, through a central angle of 79 002'27 ",
a distance of 42.77 feet; thence N1 801829"W, a distance of 87.60 feet to the south line
of Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November
29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara
County, California; thence along said south line, N82 047'29 "E, a distance of 121.64
feet to the Point of Beginning.
Containing 11,472 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Reserving therefrom, a "Public Service Easement" for any and all public services,
described as follows:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of Wren Avenue as shown on the Parcel Map filed
November 27, 2001 in Book 745 of Maps, at Pages 20 and 21, Records of Santa Clara
County, California, more particularly described as follows:
Beginning point on the easterly right -of -way line of Wren Avenue, as shown on said
Map, said point being the northwest corner of "Lot 1 ", as shown on the map entitled
"Vickery Lane Subdivision, Tract Map No. 9752 ", filed December 22, 2005 in Book 795
of Maps, at Pages 39 and 40, Records of Santa Clara County, California; thence along
the west line of said "Lot 1 ", S07 °05'21 "E, a distance of 79.96 feet to a tangent curve to
the left having a radius of 20.00 feet; thence continuing along said west line,
southeasterly along said curve, through a central angle of 90 °07'10 ", a distance of
31.46 feet; thence leaving said west line, S07 °1 1'45 "E, a distance of 10.96 feet; thence
S82 039'04 "W, a distance of 12.37 feet to a tangent curve to the right having a radius of
31.00 feet; thence northwesterly along said curve, through a central angle of 79 002'27 ",
Page 1 of 2
a distance of 42.77 feet; thence N18 °18'29 "W, a distance of 87.60 feet to the south line
of "Lot 52 ", as shown on the Map entitled "Tract 9950, Harvest Park ", filed November
29, 2012 in Book 857 of Maps, at Pages 15 through 28, Records of Santa Clara
County, California; thence along said south line, N82 047'29 "E, a distance of 39.90 feet
to the Point of Beginning.
Containing 3,384 square feet, 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,ran Pierce, PLS 8859 Date
Expires: 12/31/2013
Page 2 of 2
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(T) TOTAL DIMENSION
(R) RADIAL BEARING
POB POINT OF BEGINNING
POC _ POINT OF COMMENCEMENT
0 30 60 90
SCALE IN' FEET: 1 "= 30'
"EXHIBIT B"
PLAT TO ACCOMPANY DESCRIPTION FOR
THE VACATION OF A PORTION OF WREN
AVENUE AS SHOWN ON THE PARCEL MAP
FILED NOVEMBER 27, 2001 IN BOOK 745
OF MAPS, AT PAGES 20 AND 21, RECORDS
OF SANTA CLARA COUNTY, CALIFORNIA
GILROY, CALIFORNIA
LINE TABLE
LINE
BEARING
DIST
L1
N82 °39'04 "E
12.37'
1-2
N07 °1 1'45 "W
10.96'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl (T)
31.46'
20.00'
90 °07'10"
C2
42.77'
31.00'
79 °02'27 "'
SHEET 1 OF 1
1® . 11
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RUGGERI- JENSEN -AZAR
ENGINEERS • PLANNERS a SURVEYORS
80,55 wAMNO ARR`77Q CA 95020
SCALE: DATE.- JOB NO.:
1 " =30' 08/21/2013 042035
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -42 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 4th 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 6th day of November, 2013.
7
�awna Freels, C
City Clerk of the City of Gilroy
(Seal)