Resolution No. 2014-54RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
DOCUMENT: 22747317
iIIIIAI IIINlllllh llllllllnllllilll
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 11
Fees.... + No Fees
Taxes..
Copies..
AMT PAID
RDE # 024
10/22/2014
12:24 PM
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
ORDER OF VACATION
Order of 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, in the City of Gilroy, California
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361:6
1
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 SOU_ THE_ RN 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";
4. 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.
5. 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.
6. 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 -044; 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 6`h day of October, 2014, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, LEROE- MUNOZ,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO, TUCKER
ATTEST:,
Shwa Freels, City Clerk
APPROVED:
01444a f - qM10e01*11
onald Gage, Mayor
RESOLUTION NO. 2014-54
"EX-HISITA7
LEGAL DESCRIPTION
FOR VACATION OF BANES LANE
Ail that real property situated in the City of Gilroy, County of Santa Cl", State of
Calftmia, being a portion of Banos Lane as shown on the Map entitled' ")?anal Mapm,
filed November 6, 2002 in Book 755- of Maps, Pages 1 and 2, Records of Santa Clara
County, California, being more particularty,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 lies N6902 W21rli,
a radial distance of 17,139-00 feet thence along the easterly right of way fine of the
Union, Pacift Railroad, as shown on said Map, northerly along the arr, through a
central angle of 00*0922", a distance of 31-75 feet• thence along the north right of way
line of Banos Lane, S89°514 1"E, -a distance of 324.10 fed to the Point of BegibhIng;
thence• continuing easterly along said line, S890511 1"E, a distance of 114.03 feet to
the northwesterly projection of the course designated'as OS21 *22'1 3"E 67.79 fear qn
said d Map', #wce along said projection, S21 "2ZI 3"E, a distance of 15.96 feK!, th6ncb
westerly along the centerline of Banes Lane, NW51'1 I NV,.A distance d 11.4.41 feet to
the. southeasterly - projection of the he west line of the lands of Gimelli as described in the
Grant Record as Document Number 18708752, Official Records of Santa Clara
County, Calffibmia; thence along said projection, N20 °06'1 1'"W, a -distance of.15.83 feet
to the Point of Beginning.
Reserving therefrom a Public Service Easement for any and all public services.
Containing 1,896 square feet more or less.
As shown on gExhibit Al 0, 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.
EWh Pierce, PLS 8859 Date
Expires: -12/31/2015
Page 1 of 1
BRYAN
P1
ALEXANDER STRFET
N20'06'11•W 109.61:
GIMELU
DOC* 17635817
( 641 -15 -029)
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UNION PACIFIC RAILROAD
LINE TABLE
LINE I BEARING I GIST
U N21 2'13•W 1 1'5.96'
L2 N20'06'11 •W 1 15.83'
CURVE TABLE
GI> CC= Z,
W
DOC# 18706732$
DELTA
(841 -16- 004)$/
1 31.76117130.00'10'06'22*
cm
X485'
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DOC* 17635817
( 641 -15 -029)
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UNION PACIFIC RAILROAD
LINE TABLE
LINE I BEARING I GIST
U N21 2'13•W 1 1'5.96'
L2 N20'06'11 •W 1 15.83'
CURVE TABLE
CURVE J.LENGTHJ
RADIUS
DELTA
C1
1 31.76117130.00'10'06'22*
0'06'22'
N2122'13 -W 99.
Ll 67.79
15.96'
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"EXHIBIT Al'
PW 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 1 AND 2, RECORDS OF SANTA
'CLARA COUNTY, CALIFORNIA
GU ROY, CAUFORNM
LEGEND
--� -- BOUNDARY LINE
LOT UNE
PSE PUBLIC SERVICE EASEMENT
POB POINT OF BEQNNING
POC POINT OF COMMENCEMENT
0 80 1.60 .240
SCALE IN FEET: 1 "= 80'
SHEET 1 OF 1
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6/2014 132041
BANES tME VACATION
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(PARCH'
(841 -16 -115)
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"EXHIBIT Al'
PW 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 1 AND 2, RECORDS OF SANTA
'CLARA COUNTY, CALIFORNIA
GU ROY, CAUFORNM
LEGEND
--� -- BOUNDARY LINE
LOT UNE
PSE PUBLIC SERVICE EASEMENT
POB POINT OF BEQNNING
POC POINT OF COMMENCEMENT
0 80 1.60 .240
SCALE IN FEET: 1 "= 80'
SHEET 1 OF 1
LN.TNEERS • PLA,WNi,48 • SYRV¢Y -0R:S
OM CAMA0 ARPOY0 G tCY. CA 9=0
?HONE (469) 848 -0300 FAX (406) 848 -0302
kIL; ' JU13 NW
6/2014 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
Califomia, being a portion of Banes Lane as shown on the Map-entitled -Parcel Map',
filed November 6, 2002 in Book 755 of Maps, rages 1 and 2; Records of Santa Clara
County, California, being more particularly described as follows:
Commencing at the northwest comer of '.Parcel 1a as shown on said Map, said point
being the beginning of a curve to-the right, of which.the radius point lies N69°24'3rE,
a radial distance of 17,139.00 feet; thence along the easterly right of way fine of the
Union Pacific Railroad as shorn 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 fine and northerly along said curve through .
a central angle of 00°OTI V, a distance. of 15.87 feet thence along the north right at
way line of Banes Lane;. S89 °51'11 °E, a distance of 324.10 feet to the southeasterly
projection of the west line ofthe 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 °08'11 " E, .a distance of 15;83 feet; thence
westerly along the centerline of Banes Lane, N89 051'119W, a distance of 323.98 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 Ad
B n Pierce, PLS 8859 Date
Expires: 12/312015
Page 1 of 1
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UNION PACIFlC RAILROAD
LWE TABLE
LINE
I BEARING
DIST
L1
N2O'06'11 "W
15.83'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
15.88'
17139.00'
O'O3'11"
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 1 AND 2, RECORDS OF SANTA'
CLARA COUNTY, CALIFORNIA
GILROY, CALIFORNIA
BERRY ALEXANDER
STREET 11.0 11
PARCEL 1
1841 -16 -115)
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Iwo CiA�'��
LEGEND
- - -- BOUNDARY LINE
LOT LINE
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
0 80 360 240 -
SCALE IN: FEET;. 1 "= 80'
SHEET I OF 1
RU"ERB-. IENWN -IZAR
LNO'INIMIM o PLANNER'S • SUAVEVOSS
8035 CAlIMNO ARROYO W06Y, CA 9=20
vtM—c OW) 848 —C= F.uc (408) a46 -0302
I -= 80 " ■ 06/04/2014
"EXHIBIT C"
LEGAL DESCRIPTION
FOR VACATION OFBANIES LANE
All that real property situated in the City of Gilroy, County of Santa Clam, State of
California, bei a portion of Panes lane as ~ an the Map entitled 'Parcel. M
being
filed November 6, 2002. in Book 755 d Maps, Pages I and 2, Records of Santa Clam
County, Callfomla, 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 N6901417"E,
a radial distance of 17,139.00 feet; thence. along the easterly right of way fine of the
Union Pacific Railroad as shown on said Map, northerly along the arc, through a-
central angle of 0000711", a distance-of- 15-.88 f6et thence along the cehterline of
'Banos Lane, S8905111"E, a distance of' 438.38 fee to the northwesterly prdj'90bn of
the course designated as OS21 W1 3"E 67.79 feet' on said Map; thence along said
projection, S21622'13"E, a distance of 15.96 feet; thence along the southerly right of
way line of Bones Lane, N89*51'11-W., a distance of-438.62 feet to the Point of
Beginning. .
Reserving therefrorn a Public Service Easement for any and all public services.
Containing 6,512 square feet, more or km
As shown on 'Exhibit Clu, 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
Q �- &?//
Pjan Pierce, PILS 8859 Date
a
Expires: 12/31/2016
cc
Page 1 of
ALEXANDER STREET
N2172'13'W 99.71 _
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GiMELI.J f f BANES LANE VACATION
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UNION PACIFIC RAILROAD
' LINE TABLE
U
BEARING
I OIST
L1
N21'22'T3 "W
1 15.96'
L2
N21'22'13 "W
f 15.96'
CURVE TABLE
CURVE
LEN-ONt
RADIUS
I DELTA
C1
15.88'.
17139.00'
0"03'11"
C2
15..87'
171.39.00'
0- 03'11"
C3
31.75'1
17139.10'
0'06'22"
PARCEL 1
(735 —M -1)
(841 -16 -115)
ORYA
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"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, PAGE'S 1 AND 2, RECORDS OF SANTA
CLARA COUNTY, CALIFORNIA
LEGEND
-- - - -- BOUNDARY LINE
LOT LINE
PSE PUBLIC SERVICE EASEMENT
POB POINT OF BEGINNING
0 80 160 240
SCALE IN FEET: I 80'
'
1tw SPIFFY 1 OF 1
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JQtJ NU.:
4 1 ?32041
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 6th 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 8t" day of October, 2014.
ShawnaTeels, MMC `1
City Clerk of the City of Gilroy
(Seal)