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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and Highway Code, Section 8330 et seq., the City Council may summarily vacate a public street when the street has been superseded by relocation; and WHEREAS, the public street was dedicated to the city on a parcel map on November 27, 2001, which map is recorded on the County Recorder's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Avenue dedicated on a parcel map recorded on the County Recorder's Office Book of Maps, book 745, pages 20 -21 has been superseded by relocation. 2.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. .apkAL L44, s� 3�-?, 3 B an Pierce, PLS 8859 Date 4 BRYAN CD Expires: 12/31/2013 N PIER Ce 859 7 � IF ? �CFCALOP� Page 1 of 1 i n7 52 9" E pOB 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 1 RACTI 950 LOi 51 857 - 121.64' (1) B1.74 , I x 0 I z 0 0 -TRAM 9762 u r I 795 -M -39 =t I o L2 T I v^ r �> CD p I I I 0^^ + I N82'47'29 "E 61.70' ` r N L1 V ICKERY LANE 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 im 11 1 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 CC, C AL LAN0sG\ @o 4 SAY,AN � PIERCE L � N �• 6859 .A �} TA \ \�F CALIFOP�/ V-9A550 i nY 52 3 _ 7'29_ " - 21_64'(T_) POB(LOT 1) -10.00 71.7 4 �V7 OB(P SE) ifl 1 I x 1 �° LOT I TRACT 9752 0 J I 795 -14-39 AFTER STREET L+ I Cl VAl72ISFf 1 z N G l 1 0 II --a 11, LO r� I o IC I �o I I � I I I I I \ C/l r N L1 v1GKSR'T LANE BOUNDARY LINE EASEMENT LINE PSE PUBLIC SERVICE EASEMENT (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 -1 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)