Resolution 2015-29RESOLUTION NO. 2015-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF A 35 -FOOT WIDE, HALF STREET
PUBLIC RIGHT -OF -WAY AND PUBLIC SERVICE EASEMENT LYING
EASTERLY OF BREM LANE AND LOCATED WITHIN ASSESSOR'S
PARCEL NUMBER 841 -67 -021
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 summarily vacate a public service
easement when the easement has not been used for the purpose for which it was dedicated; 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 35 -foot wide, half street public right -of -way and public service easement, as fully
described in Exhibit "A" as attached hereto, conforms with the provisions of Sections 8331, 8333
and 8334 of the California Streets and Highways Code, and the public right -of -way easement is
an excess public right -of -way no longer required for street or highway purposes, and the public
service easement has not been used for the purpose for which it was dedicated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That the certain 35 -foot wide, half street public right -of -way and public service
easement lying easterly of Brem Lane, located within Parcel 4, as shown on those certain Parcel
Maps filed for record in the Office of the County of Santa Clara, State of California on July 21,
1980 in Book 467 of Maps at page 15 and January 30, 1981 in Book 479 of Maps at page 18, and
within Assessor's Parcel Number (APN) 841 -67 -021, as fully described in Exhibit "A ", is hereby
vacated;
RESOLUTION NO. 2015-29
2. That there is a separate public utility easement that exists and will remain over the
northerly portion of the 35 -foot wide, half street public right -of -way and public service easement
proposed to be vacated as shown on the document recorded on April 1, 1987 in the Office of the
County of Santa Clara, State of California in Book K093, page 972 of the Official Records, and
this public utility easement covers the northerly area where existing public utility facilities are
located; and
3. That the order of vacation of the 35 -foot wide, half street public right -of -way and
public service easement, as fully described in Exhibit "A" conforms to Streets and Highways
Code sections 8331, 8333 and 8334 as follows: (1) said 35 -foot wide, half street public right -of-
way easement has been impassable for vehicular travel as a public street for a period of five
consecutive years and no public money was expended for maintenance of the street during such
period; (2) said 35 -foot wide, half street is an excess right -of -way no longer required for street or
highway purposes; (3) said public service easement has not been used for the purpose for which
it was dedicated or acquired for five consecutive years immediately preceding this proposed
vacation;
4. That the vacation hereby releases all public right -of -way rights to the adjacent
property owner for street and highway purposes that may have accrued in the property, as fully
described in Exhibit "A ";
5. That the City Council, pursuant to Streets and Highways Code, Chapter 4, section
8330 et seq., hereby orders the vacation of the 35 -foot wide, half street public right -of -way and
public service easement described in Exhibit "A ", attached hereto, having determined that the
public right -of -way is an excess right -of -way no longer required for street or highway purposes
and the public service easement has not been used for the purpose for which it was dedicated.
RESOLUTION NO. 2015-29
6. That this Resolution shall become effective on June 15, 2015, 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 35 -foot wide, half street public right -of -way and public service easement
described in Exhibit "A" shall revert to APN: 841 -67 -021.
PASSED AND ADOPTED this 15t' day of June, 2015, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO, WOODWARD and GAGE
► �II1i;C i u
: MINININ►[ORM
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Shawna Freels, City aerk
APPROVED:
� wj-qall
Donald F. Gage, Mayor Y U
RESOLUTION NO. 2015-29
EXHIBIT "A"
LEGAL DESCRIPTION ' TO. ACCOMPANY A i
VACATION OF PUBLIC STREET RIGHT OF WAY
AND PUBLIC siERVICE:EMOMENT
CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFONIA
Ali that real property situated in the City of Gilroy, County of Santa Clara., State of
California, .being aportion of that certain 35 W wide Half Street Right of Way
and Public Service. Easement as shown on those c6rtalfi-Parmj. Maps filed July
21 1980 in Book 467 of Maps, at Page 15 and filed January 30, 1981 in Book
476 of Maps, at Page 18, Records . of said County, being more particularly
described sit follows:
Beginning at the most northeasterly comer of Parcel 4 at shown on said Parcel
Map Ned. in Book 479 of Maps, at Page 18; thence along the ddstdrty boundary
line of said Parcel 4 South 00°11'40" West 36.00 feet to a pbint; thence leavihg.
said boundary line along a line being 35 feet southerly of and parallel to the
northerly boundary of said P ' amel 4 North 8904r4Q." West 221.63 feet to a point
on the westerly boundary of said Paroet thence along said westerly boundary
along anon-tangent curve to the left from a tangent bearing North 4*2-72r East
having a radius of 5060.00 feet, through a - central, . angle of 0*23'50r, an are
distance of 35..09 feet to the northwesterly comer of said Parcel A; thence along
said northerly boundary South* 89*47'40" East 219.14 feet to the Paint of
Beginning.
Containing 7,713 square feet of land, more or less.
As shown on Exhibit "130 attached hereto and made a part hereof.
End of Description
This description was prepared by me or under my direction u.nt
pur.s.a to the
requirenwrits of the Professional Land SurveyoesAct.
ok k. Brufieftf
17,188 Reg. Exp. 6/3012015
Hanna - Brunetti
a Civil Engineers a Load Surveyors
@Construction Managers
Gilroy, California '(408) 442-2173 PAGE 1 OF 2
Item VIR - Brem Lane Vacation
e5'-,?— 4g—
Date_mom
w
ir
14.
.j
.j
S85-56'23 "E
Radial 800rin g
S,85`32 '33-E
00CF10, �Sec;ihg
X
Lai .S
0
Lj Z�` L_
L
. 04 4)
Of i,� ca
C/)
C14
1
C) 0
35.09'
Z
0'23*50a
60
A
AS
LOT 15
_j Cn
762 MAPS 20-25 9
C
C
0
P.0A cc
S89r47'40 wE 219.14'
b
VAwGA 0 _0 Ln
N89'47 *40"W' 221.63' b
'S w
PARCEL 4 En
479 MAPS 18
. GRAPHIC SCALE
( IK PUT )
1 irldh - 50 1 ft.
LEGEND
PA& POINT OF BEGINNING
EXISTING LOT UNE
RIGHT OF WAY UNE
BOUNDARY OF PUBUC STREET
& PUBUC SERKE EASEMENT
VACATION
CURVE - TABLE
CURVE
'f
I LENGTH
I RADIUS
I DELTA
C1 1
35.09'
15060-001
0'23*50a
Hanna - Brunetti
el.diQ Engineers a Land Surveyors
.0 Construction 'Monagers'n
wroy, Ccillfornia (408) 842-2173
Item VI.B. - Brern Lane Vacation
PARCEL B
467 MAPS 15
t04 ssl/.
P_
- C iVIL
/VL
E)(HIBIT "0."
PLAT JO ACCOMPANY A LEGAL DESCRIPTION
FOR -VACATION OF A PORTION: OF' THAT
35 FOOT INDE. HALF STREET RIGHT OF WAY
AND PUBLIC SERVICE EASEMENT
PREVIOUSLY DEDICATED M THE CITY- OF GIL - ROY
AS SHOWN .ON THOSE PARCEL MAPS FILED
JULY 21, 1980 . IN BOOK 467 -OF MAPS, AT PAGE 15 &
JANUARY X 1981 IN BOOK 4179 OF MAPS
AT PAGE 18
IN THE RECORDS OF THE COUNTY OF SANTA,CLARA,
STATE OF CALIFORNIA
JUNE, 2015
PAGE 2 OF 2 JOB NO. 15051
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -29 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 15th day of July, 2015 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 16th day of July, 2015.
S awna Freels, MMC
City Clerk of the City of Gilroy
(Seal)