Resolution No. 2014-54 - RevisedRECORDING REQUESTED BY: )
City of Gilroy )
WHEN RECORDED, MAIL TO: )
Shawna Freels, City Clerk )
City of Gilroy )
7351 Rosanna.Street )
Gilroy, CA 95020 )
DOCUMENT: 22754892 INPIIYII6�1�1111�III� �a Pages: ° "`; AMT PAID
REGINA ALCOMENDRAS RDE # 025
SANTA CLARA COUNTY RECORDER 10/28/2014
Recorded at the request of 2 :09 PM
City
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
REVISED 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
04
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 fora 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.
RESOLU'T'ION NO. 2014 -54 .
PASSED AND ADOPTED this 6' 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-.
Freels, City Clerk
APPROVED:
0, 1 A P. A - f I qxr�
Wald Gage, Mayor
RESOLUTION NO. 2014-54
3
PASSED AND ADOPTED this 6' 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-.
Freels, City Clerk
APPROVED:
0, 1 A P. A - f I qxr�
Wald Gage, Mayor
RESOLUTION NO. 2014-54
"EXHIBIT A"
LEGAL DESCRIPTION
FOR VACATION OF BANES LANE
A I that real property al#uated in the City of G&W. 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 fioibws:
Commencing at the northwest corner 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: NW24'37 "E,
a radial distance of 17,139.00 feet~ thence along the easterly right of way line of ft
Union Pacific Railroad, as shown on said Map, northerly aleng .the arr, through a
central angle of 00 °0672". a distance of 31.751- thence along the north right of way,
line of Banes Lane, SW51'11'1=, a distance of 324.10 feet to the Petrol of 0400th cg;
thence: continuing easterly along said lire;, S89 °51'1 1 "E, a distance of 114.03 feet to
the northwesterly projection of the course designated'as'S21°22'13"E 67.79 fear on
said Map; thence along said projection, S21 W- 13 "E, a distance of 15.96 feet- thence
westerly along the cented'ine of Banes Lane, N89°51'1 1"W, a distance of 114.41 fleet to
the. southaasterfy projection of the west line of the lands of Gimelli as dam. in the
Grant:Deed Record as Document.Nuimber 18706752, Official. Records of Santa Clara
County,. California; thence along said projection, N200CWI1."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 1,696 square feet, more or less.
As shown on "Exhibit 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.
grWh Piero, PLS 8859 Date
Expires: 12/31/2015
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"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 .
LEGEND
-- BOUNDARY LINE
LOT UNE
PSE PUBLIC SERVICE I ASEWENT
POB POINT OF BEQNNING
POE POINT OF COMMENCbJENT
0 80 1 .Q .240
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"EXHIBIT'S"
LEGAL DESCRIP MON
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 "Parcel V as shown on said Map, said point
being the beginning of a curve to- the right, of which the radius point lies N69°2417",
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, nobly 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 °03'11'", a distance of 15.87 feet; thence along the north right of
way One of Banes Lane; SW51'll I E, a distance of 324:1.0 feet to the southeasterly
projection of the west fine tithe [.ands 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"51'11 V, 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 Act
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UNION PACIFIC RAILROAD
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BEARING
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CURVE TABLE
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RADIUS
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17139.00'
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31.75'
17139.00'
0'06'22"
"EXHIBIT B 1"
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
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
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14
".EXHIBIT C"
LEGAL DESCRIPTION
FOR VACATION OP BANES LANE
Al that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being a portion of Ranee 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 Clam
County, Carrfomia, 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 N6902437`'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, #hrrou�gh a
central angle: of 00°0711 ", a distance-of %88 feet; thence along the centedift Of
Barnes Lane, 88905111"E, a distance of 438.38 feet to the northwesterly projection of
the course designated as "S21W1 3"'E 67.79 feet" on said Map; thence along said
projection, S21 622' 13"E, a distance of 15.96 fee#: thence along the southedy right of
Way line of Banes Lane, N89°51'1 1'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 C1", 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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'UNION PACIFIC RAILROAD
• LINE TABLE
LINE
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15.96'
L2
N21 '13 "W
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CURVE TABLE
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"EXHIBIT Cl"
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, PAGE'S I 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'
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JOB NO.:
T32041
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 2& 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 21St d4 off' October, 2014.
(Seal)
reels, MMC
of the City of Gilroy