Resolution 2013-41RESOLUTION NO. 2013-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE VACATION OF TWO CERTAIN
STRIPS OF LAND DESIGNATED AS A PUBLIC ALLEY
RIGHTS OF WAY DESIGNATED FOR PUBLIC USE, THE
ALLEY SHOWN SOUTH OF LOT 78 AS SHOWN UPON THAT
CERTAIN MAP ENTITLED TRACT 1862, SHERWOOD PARK,
UNIT NO. 2 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 alley
when the alley has been impassable for vehicular traffic for five years and no public money has
been expended for maintenance during such period; and
WHEREAS, the public ally were dedicated to the city on Tract Map 1862, Sherwood
Park, Unit No. 2 on October 17, 1957, which map is recorded on the County Recorder's Office
Book of Maps, book 85, page 48; 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 ally 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 ally shown south of Lot 78 as shown on Tract Map 1862,
Sherwood Park, Unit No. 2, between Wayland Lane and the property owned by Gilroy
Elementary School District dedicated on Tract Map 1862, the alley has been impassable for
vehicular traffic for five years and no public money has been expended for maintenance during
such period.
2. That the City Council, pursuant to Streets and Highway Code, Chapter 4, Section
8330 et seq., hereby orders the vacation of the alley shown south of Lot 78 as shown on Tract
Map 1862, Sherwood Park, Unit No. 2, between Wayland Lane and the property owned by
Gilroy Elementary School District on and described in Exhibit "A" attached hereto; and
3. This Resolution shall become effective on November 4, 2013, and shall be
uH\618265.1 - RESOLUTION NO. 2013-41
031104 - 13552001
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 ally shall no longer constitute a public ally and the land subject to
the public ally shall revert to the property located at 8411 Wayland Lane, Gilroy, California,
APN 790 -25 -014, and 8407 Wayland Lane, Gilroy, California, APN 790 -25 -015, 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:
utMOMAIJ�wUrz,
lmw
ATTEST:
Shawl na Freels, City CI�rr
1JH1618265.1 - RESOLUTION NO. 2013-41
031104- 13552001
"EXHIBIT A"
LEGAL DESCRIPTION
FOR VACATION OF THE ALLEYS
SHOWN ON TRACT NO. 1862
Alley South of Lot 78:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being the 15 foot wide Public Right -of -Way south of "Lot 78 ", as shown on
the Map entitled "Tract No. 1862, Sherwood Park, Unit No. 2 ", filed October 17, 1957 in
Book 85 of Maps, at Page 48, Records of Santa Clara County, California, more
particularly described as follows:
Beginning at the southeast comer of said "Lot 78", said point being on the westerly
line of Wayland Lane, as shown on said map, and being the beginning of a curve to the
left, of which the radius point lies N72 °55'26 "E, a radial distance of 1,030.00 feet;
thence southerly along the arc, through a central angle of 00 052'43 ", a distance of
15:80 feet to the north line of "Lot 1 ", as shown on the map entitled "Tract No. 3106,
Las Animas Estates, Unit No. 1 ", filed March 15, 1962 in Book 144 of Maps, at Page
18, Records of Santa Clara County, California; thence along said north line,
N89 015'00 "W, a distance of 106.34 feet to the west line of said "Tract No. 1862 ";
thence along said west line, N13 032'50 "W, a distance of 15.48 feet to the south line of
said "Lot 78 "; thence along said south line, S89 015'00 "E, a distance of 105.21 feet to
the Point of Beginning.
Containing 1,586 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Alley Between Lot 85 and Lot 86:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being the 15 foot wide Public Right -of -Way between "Lot 85" and "Lot 86 ",
as shown on the Map entitled "Tract No. 1862 Sherwood Park, Unit No. 2 ", filed
October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara County,
California, more particularly described as follows:
Beginning at the southeast corner of said "Lot 86 ", said point being on the westerly
line of Wayland Lane, as shown on said map; thence along the southerly projection of
the westerly line of said Wayland Lane, S13 °32'50 "E, a distance of 15.00 feet to the
north line of said "Lot 85 "; thence along said north line, S76 °27'10 "W, a distance of
100.00 feet to the west line of said "Tract No. 1862 "; thence along said west line,
N13 °32'50 "W, a distance of 15.00 feet to the south line of said "Lot 86 "; thence along
said south line, N76 °27'1 0 "E, a distance of 100.00feet to the Point of Beginning.
Containing 1,500 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.
131r#n Pierce, PLS 8859 Date
Expires: 12/31/2013
Page 2 of 2
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"EXHIBIT A"
PLAT TO ACCOMPANY DESCRIPTION FOR THE
VACATION OF THE PUBLIC ALLEY SOUTH OF LOT 78
AS SHOWN ON THE MAP ENTITLED "TRACT NO.
1862 ", FILED OCTOBER 17, 1957 IN BOOK 85 OF
MAPS, PAGE 4.8, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA
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"EXHIBIT A"
PLAT TO ACCOMPANY DESCRIPTION FOR THE
VACATION OF THE PUBLIC ALLEY BETWEEN LOT 85
AND LOT 86 AS SHOWN ON THE MAP ENTITLED
"TRACT NO. 1862 ", FILED OCTOBER 17, 1957 IN
BOOK 85 OF MAPS, PAGE 48, RECORDS OF SANTA
CLARA COUNTY, CALIFORNIA
GILROY, CALIFORNIA
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"EXHIBIT B"
LEGAL DESCRIPTION
FOR VACATION OF THE ALLEYS
SHOWN ON TRACT NO. 1862
Lot 1 After Alley 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 "Tract No. 3106, Las
Animas Estates, Unit No. 1 ", filed March 15, 1962 in Book 144 of Maps, at Page 18,
Records of Santa Clara County, California, and a portion of the.15 foot wide Public
Right -of -Way south of "Lot 78 ", as shown on the Map entitled "Tract No. 1862,
Sherwood Park, Unit No. 2 ", filed October 17, 1957 in Book 85 of Maps, at Page 48,
Records of Santa Clara County, California, more particularly described as follows:
Beginning at the southeast comer of said "Lot 1 "; thence along the south line of said
"Lot 1", S70 °00'00"W, a distance of 100.50 feet to the west line of said "Lot 1"; thence
along said west line, N22 °1 5'00 "W, a distance of 85.08 feet to the north line of said
"Lot 17; thence along said north line, S89 °1 5'00 "E, a distance of 5.36 feet to the west
line of said "Tract No. 1862 "; thence along said west line, N13 032'50'W, a distance of
7.74 feet to a point on a line 7.50 feet northerly of, and parallel with the north line of
said "Lot .1 "; thence along said parallel line, S89 °1 5'00 "E, a distance of 105.74 feet to
the beginning of a non tangent curve to the left, of which the radius point lies
N72 029'07 "E, a radial distance of 1,030.00 feet; thence leaving said parallel line,
southerly along said curve, through a central angle of 02 058'04 ", a distance of 53.35
feet to the Point of Beginning.
Containing 7,445 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 and
an Overland Drainage Easement for storm water management over the following:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of the 15 foot wide Public Right -of -Way south of "Lot 78 ",
as shown on the Map entitled "Tract No. 1862, Sherwood Park, Unit No. 2 ", filed
October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara County,
California, more particularly described as follows:
Beginning at the northeast corner of "Lot 1" as shown on the Map entitled "Tract No.
3106, Las Animas Estates, Unit No. 1", filed March 15, 1962 in Book 144 of Maps, at
Page 18, Records of Santa Clara County, California; thence along the northerly line of
said "Lot 1 ", N89 015'00 "W, a distance of 106.34 feet to the west line of said "Tract No.
1862 "; thence along said west line, N13 °32'50 "W, a distance of 7.74 feet to a point on
a line 7.50 feet northerly of, and parallel with, the northerly line of said "Lot 1 "; thence
along said parallel line, S89 °15'00 "E, a distance of 105.74 feet to the beginning of a
non tangent curve to the left, of which the radius point lies N72 029'07 "E, a radial
distance of 1,030.00 feet; thence leaving said parallel line, southerly along said curve,
through a central angle of 00 °26'24 ", a distance of 7.91 feet to the Point of Beginning.
Page 1 of 4
Containing 795 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Lot 78 After Alley Vacation:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being all of "Lot 78" and a portion of the 15 foot wide Public Right -of -Way
south of "Lot 78 ", as shown on the Map entitled "Tract No. 1862, Sherwood Park, Unit
No. 2 ", filed October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara
County, California, more particularly described as follows:
Beginning at the northeast corner of said "Lot 78 "; thence along the east line of said
"Lot 78 ", S13 °32'50 "E, a distance of 17.59 feet to a tangent curve to the left having a
radius of 1,030.00 feet; thence continuing along said east line and it's southerly
projection, along said curve, through a central angle of 03 058'03 ", a distance of 71.32
feet to a point on a line 7.50 feet southerly of, and parallel with, the south line of said
"Lot 78 "; thence along said parallel line, N89'1 5'00'W, a distance of 105.74 feet to the
west line of said "Tract No. 1862 "; thence along said west line, N13 032'50 "W, a
distance of 62.74 feet to the north line of said "Lot 78 "; thence along said north line,
N76027'1 0"E, a distance of 100.00 feet to the Point of Beginning.
;Containing 7,606 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 and
an Overland Drainage Easement for storm water management over the following:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of the 15 foot wide Public Right -of -Way south of "Lot 78 ",
as shown on the Map entitled "Tract No. 1862, Sherwood Park, Unit No. 2 ", filed
October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara County,
California, more particularly described as follows:
Beginning at the southeast comer of "Lot 78" as shown on said Map, said point being
the beginning of a curve to the left, of which the radius point lies N72 055'26 "E, a radial
distance of 1,030.00 feet; thence southerly along the arc, through a central angle of
00 °26'20 ", a distance of 7.89 feet to a point on line 7.50 feet southerly of, and parallel
with, the south line of said "Lot 78 "; thence along said parallel line, N89 015'00 "W, a
distance of 105.74 feet to the west line_ of said "Tract No. 1862 "; thence along said
west line, N13 °32'50 "W, a distance of 7.74 feet to the south line of said "Lot 78 ";
thence along said south line, S89 015'00 "E, a distance of 105.21 feet to the Point of
Beginning.
Containing 791 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Page 2 of 4
Lot 85 After Alley Vacation:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being all of "Lot 85" and a portion of the 15 foot wide Public Right -of -Way
between "Lot 85" and "Lot 86 ", as shown on the Map entitled "Tract No. 1862,
Sherwood Park, Unit No. 2 ", filed October 17, 1957 in Book 85 of Maps, at Page 48,
Records of Santa Clara County, California, more particularly described as follows:
Beginning at the southeast corner of said "Lot 85 "; thence along the south line of said
"Lot 85 ", S76 °27'1 0"W, a distance of 100.00 feet to the west line of said "Tract No.
1862 "; thence along said west line, N13 °32'50 "W, a distance of 78.50 feet to a point on
a line 7.50 feet northerly of, and parallel with, the north line of said "Lot 85 "; thence
along said parallel line, N76'27'1 WE, a distance of 100.00 feet; thence leaving said
parallel line, S1 3032'50"E, a distance of 78.50 feet to the Point of Beginning.
Containing 7,850 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 and
an Overland Drainage Easement for storm water management over the following:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of the 15 foot wide Public Right -of -Way between "Lot 85"
and "Lot 86", as shown on the Map entitled "Tract No. 1862, Sherwood Park, Unit No.
2 ", filed October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara
County, California, more particularly described as follows:
Beginning at the northeast corner of "Lot 85" as shown on said Map; thence along the
north line of said "Lot 85 ", S76 °27'1 0"W, a distance of 100.00 feet to the west line of
said "Tract No. 1862 "; thence along said west line, N13 °32'50 "W, a distance of 7.50
feet to a point on a line 7.50 feet northerly of, and parallel with, the north line of said
"Lot 85 "; thence along said parallel line, N76 °27'1 0 "E, a distance of 100.00 feet; thence
leaving said parallel line, S13 °32'50 "E, a distance of 7.50 feet to the Point of
Beginning.
Containing 750 square feet, more or less.
As shown on the Plat attached hereto, and made a part hereof.
Lot 86 After Alley Vacation:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being all of "Lot 86" and a portion of the 15 foot wide Public Right -of -Way
between "Lot 85" and "Lot 86 ", as shown on the Map entitled "Tract No. 1862,
Sherwood Park, Unit No. 2 ", filed October 17, 1957 in Book 85 of Maps, at Page 48,
Records of Santa Clara County, California, more particularly described as follows:
Beginning at the northeast corner of said "Lot 86 "; thence along the east line of said
"Lot 86" and it's southerly projection, S13 °32'50 "E -, a distance of 78.50 feet to a point
on a line 7.50 feet southerly of, and parallel with, the south line of said "Lot 86 "; thence
Page 3 of 4
along said parallel line, S76 °27'1 0"W, a distance of 100.00 feet to the west line of said
"Tract No. 86 "; thence along said west line, N 13 °32'50 "W; a distance of 78.50 feet to
the north line of said "Lot 86 "; thence along said north line, N76 027'10 "E, a distance of
100.00 feet to the Point of Beginning.
Containing 7,850 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 and
an Overland Drainage Easement for storm water management over the following:
All that certain real property situate in the City of Gilroy, County of Santa Clara, State
of California, being a portion of the 15 foot wide Public Right -of -Way between "Lot 85"
and "Lot 86 ", as shown on the Map entitled "Tract No. 1862, Sherwood Park, Unit No.
2", filed October 17, 1957 in Book 85 of Maps, at Page 48, Records of Santa Clara
County, California, more particularly described as follows:
'Beginning at the southeast corner of "Lot 86" as shown on said Map; thence
S1 3 °32'50"E, a distance of 7.50 feet to a point on a line 7.50 feet southerly of, and
parallel with, the south line of said "Lot 86"; thence along said parallel line,
876 °27'10"W, a distance of 100.00 feet to the west line of said "Tract No. 1862 ";
thence along said west line, N13 °32'50"W, a distance of 7.50 feet to the south line of
said "Lot 86 "; thence along said south line, N76 °27'1 0 "E, 100.00 feet to the Point of
Beginning.
Containing 750 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.
/6 R-C,, M111TIZOI-3
BrjjW Pierce, PLS 8859 Date
Expires: 12/31/2013
Page 4 of 4
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CURVE
LENGTH
RADIUS
DELTA
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63.44'
1030.00'
3'31'44"
C2
7.89'
1030.00'
0'26'20"
C3
7.91'
1030.00'
0'26'24"
C4
45.44"
1030.00"
2'31'40"
6-7
SCALE IN FEET: 1 "= 30'
"EXHIBIT B"
PLAT TO ACCOMPANY DESCRIPTION FOR THE
VACATION OF THE PUBLIC ALLEY SOUTH OF LOT 78
AS SHOWN ON THE MAP ENTITLED "TRACT NO.
1862 ", FILED OCTOBER 17, 1957 IN BOOK 85 OF
MAPS,.PAGE 48, RECORDS OF SANTA CLARA
COUNTY, CALIFORNIA
GILROY, CALIFORNIA
PSE
ODE
(T)
(R)
POB
LEGEND
BOUNDARY LINE
EXISTING LOT LINE
CENTER LINE
NEW EASEMENT LINE
PUBLIC SERVICE EASEMENT
OVERLAND DRAINAGE EASEMENT
TOTAL DIMENSION
RADIAL BEARING
POINT OF BEGINNING
SHEET 1 OF
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RUGGERI- JENSEN -AZAAR
ENGINEERS • PLANNERS ■ SURVEYORS
8055 -AWN10 ARROYO GLROY, CA 9532G
Pried.: (408} 8-8 -000 FAX: (408) u48 -33Gz
SCALE: DATE: JOB NC
1 " =30' 08/21/2013_ 132040
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"EXHIBIT B"
PLAT TO ACCOMPANY DESCRIPTION FOR THE
VACATION OF THE PUBLIC ALLEY BETWEEN LOT 85
AND LOT 86 AS SHOWN ON THE MAP ENTITLED
"TRACT NO. 1862 ", FILED OCTOBER 17, 1957 IN
BOOK 85 OF MAPS, PAGE 48, RECORDS OF SANTA
CLARA COUNTY, CALIFORNIA
GILROY, CALIFORNIA
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PUBLIC SERVICE EASEMENT
OVERLAND DRAINAGE EASEMENT
POINT OF BEGINNING
SHEET 2 OF 2
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RUGGERI- JENISENd -AZAR
ENGINEERS ■ PLANNERS ■ SURVEYORS
8055 CAW'40 k:r.'c r0 GILROY, CA 4502(:
PHONE: i408j
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 201341 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 6h day of November, 2013.
i
S was Freels, MMC
City Clerk of the City of Gilroy
(Seal)