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Resolution 2014-541 RESOLUTION NO. 2014-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A PORTION OF A PUBLIC STREET KNOWN AS BANES LANE, LYING WESTERLY OF ALEXANDER STREET AND EASTERLY OF THE LANDS OF SOUTHERN PACIFIC TRANSPORTATION COMPANY WHEREAS, pursuant to the provisions of the California Streets and Highways Code, section 8330 et seq., the City Council may summarily vacate an excess public right -of -way of a street no longer required for street or highway purposes; 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 excess public right -of -way of a street known as Banes Lane, as fully described in Exhibits "A", "B" and "C" as attached hereto, conforms with the provisions of Sections 8331 and 8334 of the California Streets and Highways Code, and it is an excess public right -of -way no longer required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. That a portion of that certain 29.7 foot wide strip of land commonly known as Banes Lane, lying westerly of Alexander Street and easterly of the lands of Southern Pacific Transportation Company, being a portion of the lands shown on the Map entitled "Parcel Map" filed November 6, 2002 in Book 755 of Maps, Pages 1 and 2, Records of Santa Clara County, California, as fully described in Exhibits "A ", `B" and "C ", is hereby vacated; 2. That public convenience and necessity require the reservation of a Public Service Easement over the portion of Banes Lane proposed to be vacated to construct, maintain, operate, RESOLUTION NO. 2014-54 2 replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for any and all existing and future public facilities; 3. That the order of vacation of the portion of the public street known as Banes Lane, as fully described in Exhibits "A ", `B" and "C" conforms to Streets and Highways Code sections 8331 and 8334 as follows: (1) said portion of Banes Lane has been impassable for vehicular travel for a period of five consecutive years and no public money was expended for maintenance of the street during such period; and (2) said portion of Banes Lane is an excess right -of -way no longer required for street or highway purposes; 4. That the vacation hereby releases all public right -of -way rights to the adjacent property owners for street and highway purposes that may have accrued in the property, as fully described in Exhibits "A ", `B" and "C "; 5. That the City Council, pursuant to Streets and Highways Code, Chapter 4, section 8330 et seq., hereby orders the vacation of the portion of Banes Lane described in Exhibits "A ", "B" and "C ", attached hereto, and the reservation of a Public Service Easement having determined that it is an excess right -of -way no longer required for street or highway purposes and that public convenience and necessity require the reservation of a Public Service Easement. 6. That this Resolution shall become effective on October 6, 2014, and shall be recorded by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter. 7. From and after the date this Resolution is recorded in the Santa Clara County Recorder's Office, the portion of Banes Lane described in Exhibit "A" shall revert to APN: 841- 16 -004; Exhibit "B" shall revert to APN: 841 -16 -029; and Exhibit "C" shall revert to APN: 841- 16 -115. RESOLUTION NO. 2014-54 3 PASSED AND ADOPTED this 60' day of October, 2014, by the following vote: AYES: COUNCU MEMBERS: ARELLANO, AULMAN, LEROE- MUNOZ, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO, TUCKER APPROVED: onald Gage, Mayor ATTESTS ha3mfia Freels, City Clerk RESOLUTION NO. 2014-54 "EXHIBIT A" LEGAL DESCRIPTION FOR VACATION OF BANES LANE A I that real property situated in the City of Gilroy; County of Santa Clara, State of California, being a portion of Banes Lane as shown on the Map entitled "Parcel Map", filed November 6, 2002 in Book 755 of Maps, Pages 1 and 2, Records of Santa Clara . County, California, being more particularly described as follows: Commencing at the northwest comer of `Parcel 1' as shown on said Map, said point being the beginning of a curve to the right, of which the radius point Iles N69 °24'37" E, a radial distance of 17,139.00 feet; thence along the easterly right of way tine of -the Union Pacific Railroad, as shown on said Map, northerly along the arc, through a central angle of 00 006'22 ", a distance of 31.75 feet; thence along the north right of way line of Banes Lane, S89 °51'11 ".E, a distance of 324.10 feet to the Point of Beginning.; thence. continuing easterly along said line, S89 051'11 "E, a distance of 114.03 feet to the northwesterly projection of the course designated'as °S21°22'1WE 67.79 feet° on said Map; thence along said projection, S21022'1 YE, a distance of 15.96 feet; thence westerly along the centerline of Banes Lane, N89051'1 l'W, a distance of 114.41 feet to the southeasterly projection of the west line of the lands of Gimelli as described. in the Grant Deed Record as Document Number 18706752, Official Records of Santa Clara County,. California; thence along said projection, N20 °06'1 1W, a distance of. 15.83 feet to the Point of Beginning. Reserving therefrom a Public Service Easement for any and all public services. Containing 1,696 square feet, more or less. As shown on "Exhibit Alm, 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. BrWh Pierce, PLS 8859 DateL Expires: 12/31/2015 earAw P#EkM to CF CAL.t¢ %/ Page 1 of 1 N20.06'11 "W 109.6 GIMELLI DOC# 17535817 ( 841 -15 -029) UNION PACIFIC RAILROAD LINE TABLE LINE BEARING GIST Ll N21-22'13 "W 15.96' L2 N20.06'11 "W 15.83' CURVE TABLE CURVE I LENGTH I RADIUS DELTA Cl 1 31..75'117139.00'10'06'22" O AN 9 ( -802 'FOF CA�'�� "EXHIBIT Al" PLAT TO ACCOMPANY DESCRIPTION FOR VACATION OF A PORTION OF BANES LANE AS SHOWN ON THE MAP ENTITLED "PARCEL MAP ", FILED NOVEMBER 6, 2002 IN BOOK 755 OF MAPS, PAGES I AND 2, RECORDS OF SANTA -CLARA COUNTY, CALIFORNIA . BANES LANE VACATION 1,696 SFt BERRY ALEXANDER STREET' LLC PARCEL 1 (755 -M -I ) (841 -16 -115) LEGEND -- BOUNDARY LINE LOT LINE PSE PUBLIC SERVICE EASEMENT POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 0 80 160 .240 SCALE IN FEET: 1 "= 80' SHEET 1 OF 1 Am RLI "ERI- JENSEN -AZAR ENOI'NEERS • PLANNERS • SURVEYOR:S 8059 CAMINO APP.0 "M GILROY. GA 95020 PHONE "403) 848 -0300 FAX (403) 843 -0702 SCALE: DATE: JOB NC 1''= 80 09/16/2014 132041 "EXHIBIT B" LEGAL DESCRIPTION FOR VACATION OF BANES LANE All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of Banes Lane as shown on the Map entitled "Parcel Map% filed November 6, 2002 in Book 755 of Maps, Pages 1 and 2; Records of Santa Clara County, California, being more particularly described as follows: Commencing at the northwest comer of "Panel 1" as shown on said Map, said point being the beginning of a curve to the right, of which the radius point lies N69 °24'37 "E, a radial distance of 17,139.00 feet; thence along the easterly right of way line of the Union Pacific Railroad as shown on said Map, northerly along the arc, through a central angle of 00°03'11 ", a distance of 15.88 feet to the Point of Beginning; thence continuing northerly along said right of way line and northerly along said curve through a central angle of 00 °03'11 ", a distance of 15.87 feet; thence along the north right of way line of Banes Lane, S8905 I'll I "E, a distance of 324.10 feet to the southeasterly projection of the west line of the Lands of Gimelli, as described in the Grant Deed Recorded as Document Number 18706752, Official Records of Santa Clara County, California; thence along said projection, S20 °06'11 "E, a distance of 15;83 feet thence westerly along the centerline of Banes Lane, N89 °51'11 "W, a distance of 323.08 feet to the Point of Beginning. Reserving therefrom a Public Service Easement for any and all public services. Containing 4,812 square feet, more or less. As shown on "Exhibit B1", 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. d,'ze� qllil.lzj B n Pierce, PLS 8859 Date Expires: 12/312015 Page 1 of 1 o`�'tAav s�9` snY� it No. ALEXANDER STREET. GIMEW DOC* 18706752 / (841 -16 -004) FAR BANES LANE VACATION It Iz 4,812 SFt X4.85• � v i GE)aw ~` DOC# 17635817 (841 -16 -029) 14 85• �NI /0j cc I;h 2/ J� Q i iA; 41-4 UNION PACIFIC RAILROAD LINE TABLE LINE BEARING DIST L1 'N20'06'11 "W 15.83' CURVE TABLE CURVE LENGTH RADIUS ' DELTA Cl 15.88' 17139.00'.0'03'11" C2 15.87' 17139.00' 0'03'11" C3 31.75' 17139.00 "0'06'22" "EXHIBIT B1"' PLAT TO ACCOMPANY DESCRIPTION FOR VACATION OF A PORTION OF BANES LANE AS SHOWN ON THE MAP ENTITLED "PARCEL MAP ", FILED NOVEMBER 6, 2002 IN BOOK 755 OF MAPS, PAGES I AND 2, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA GILROY, CALIFORNIA BERRY ALEXANDER STREET LLC PARCEL 1 (755 -M -1) (841 -15 -115) LEGEND -- BOUNDARY LINE LOT LINE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 0 80 160 240, SCALE IN FEET:. 1 "= 80' SHEET 1 OF 1 RU"ERI- JUNSEN -AZAR ENGINEERS a PLANNERS a SU.RVEVO:RS W55 vAMNO ARROY-0 GLROY. CA 95020 PHONE- (+09) 848 -0300 FAX-. (4061 848 -0302 SCALE: DATE: JO 1 "= 80' 06/04/2014 1 13 ".EXHIBIT C" LEGAL DESCRIPTION FOR VACATION OF BANES LANE All that real property situated in the City of Gilroy, County of Santa Clara, State of California, being a portion of Banes Lane as shown. on the Map entitled "Parcel. Map",. filed November 6, 2002 in Book 755 of Maps, Pages 1 and 2, Records of Santa Clara County, California, being more particularly described as follows: Beginning at the northwest comer of "Parcel 1" as shown on said Map, said point being the beginning of a curve to the right, of which the radius point. lies N69 °24'37"E, a radial distance of 17,139.00 feet; thence along the easterly right of way line of the Union Pacific Railroad as shown on said Map, northerly along the arc, through a central angle of 00 °03'11 ", a distance of 1:5.88 feet, thence along the centerline of Banes Lane, S89 °511 1 "E, a distance of 438.38 feet to the northwesterly projection of the course designated as "S21 °22'1 WE 67.79 feet" on said Map; thence along said projection, S2.1 °22'13 "E, a distance of 15.96 feet; thence along the southerly right of way line of Banes Lane, N89 °51'11 "W, a distance of 438.62 feet to the Point of Beginning. Reserving therefrom a Public Service Easement for any and all public services. Containing 6,512 square feet, more or less. As shown on "Exhibit Cl", 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. VEND Sv B an Pierce, PLS 8859 Date Expires: 12/31/2015 No.s� c>a�4 OF CP�'�j Page 1 of '1 ALEXANDER STREET N21'22'13 "W 99.71'(T) .111-2/ 67.79' GIMELLI BANES LANE VACATION DOC# 1841 18706752 / 6,512 SFi 1841 -16 -004) r � co BERRY ALIDEMER a STREET' LW DOCa7 17E 35817 PARCEL i (755 —M -1) (841 -16 -115) 2 � tg� l C3(T) UNION PACIFIC M ROAD LINE TABLE LINE BEARING DIST L1 N21'22'13 "W 15.96' L2 N21'22'13 "W - 15.96' CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 15.88', 17139.00' 0'03'11" C2 15..87'i 171.39.00' 0'03'11" C3 31.75' 17139.10' 0'06'22" 9 SWAN PWFICE ia< wow �. �j►9� //I/✓ ?midi' of CA��F // "EXHIBIT CC " PLAT TO ACCOMPANY DESCRIPTION• FOR VACATION OF A PORTION OF BANES LANE AS HOWN ON THE MAP ENTITLED "PARCEL MAP" FILED NOVEMBER 6, 2002 IN BOOK 755 OF MAPS, PAGES 1 AND 2, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA LEGEND -- BOUNDARY LINE LOT LINE PSE PUBLIC SERVICE EASEMENT POB POINT OF BEGINNING �Q SCALE IN. FEET: 1 "= 80' SHEET 1 OF 1 RUGGERI- .I•IMM N -AZAR ENSINEERS • PLANN6RS ■ SYRY[-TORS $0.`.5 ;AMIGO ARROYO GILROY. CA 85020 ?HONE (408) 84E -0300 FAX- (408) 648 -0302 SCALE: DATE: JOB NO.: 1 "= 80' 09/1'6/2014 1 132041 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -54 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 6`h day of October, 2014, 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 80' day of October, 2014. "Freels, MMC Clerk of the City of Gilroy (Seal)