Resolution No. 2015-29DOCUMENT: 22991472 Pages 7
RECORDING REQUESTED BY: ) I Fees .... 5.00
City of Gilroy ) Copies . .
AMT PAID 5.00
WHEN RECORDED, MAIL TO:
Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Recording Service
RDE # 006
6/18/2015
11:53 AM
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 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
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RESOLUTION 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 fords 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 15th day of June, 2015, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Shawna Freels, City Clerk ✓
APPROVED:
O 01-1 �/
Donald F. Gage, Mayor Y �j
RESOLUTION NO. 2015-29
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 16`x' day —of July, 2015.
r
City Clerk of the City of Gilroy
(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION TO ACCOMPANY A
VACATION OF PUBLIC STREET RIGHT OF WAY
AND PUBLIC SERVICE EASEMENT
CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFONIA
All that real property situated in the City of Gilroy, County of Santa Clara, State of
California, being a portion of that certain 35 foot wide Half Street Right of Way
and Public Service Easement as shown on those certain Parcel Maps filed July
21, 1980 in Book 467 of Maps, at Page 15 and filed January 30, 1981 in Book
479 of Maps, at Page 18, Records of said County, being more particularly
described as follows:
Beginning at the most northeasterly corner of Parcel 4 as shown on said Parcel
Map filed in Book 479 of Maps, at Page 18; thence along the easterly boundary
line of said Parcel 4 South 00011'40" West 35.00 feet to a point; thence leaving
said boundary line along a line being 35 feet southerly of and parallel to the
northerly boundary of said Parcel 4 North 89 °47'40" West 221.63 feet to a point
on the westerly boundary of said Parcel; thence along said westerly boundary
along a non- tangent curve to the left from a tangent bearing North 4 027'27" East,
having a radius of 5060.00 feet, through a central angle of 0 023'50 ", an arc
distance of 35.09 feet to the northwesterly corner of said Parcel 4; thence along
said northerly boundary South 89 °47'40" East 219.14 feet to the Point of
Beginning.
Containing 7,713 square feet of land, more or less.
As shown on Exhibit "B" 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.
old R. Brunetti
:. Reg.
Hanna - Brunetti
■ Civil Engineers ■ Land Surveyors ■
• Construction Managers o
Gilroy, California (408) 842 -2173 PAGE 1 OF 2
Date
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= EXISTING LOT LINE /
RIGHT OF WAY LINE
= BOUNDARY OF PUBLIC STREET
& PUBLIC SERVICE EASEMENT
VACATION
CURVE TABLE
CURVE
LENGTH
RADIUS
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Hanna •Brunetti
aCivil Engineers r Land Surveyors o
• Construction Managers •
Gilroy, California (408) 842 -2173
PARCEL 4
479 MAPS 18
PARCEL B
467 MAPS 15
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EXHIBIT "B"
PLAT TO ACCOMPANY A LEGAL DESCRIPTION
FOR VACATION OF A PORTION OF THAT
35 FOOT WIDE HALF STREET RIGHT OF WAY
AND PUBLIC SERVICE EASEMENT
PREVIOUSLY DEDICATED TO THE CITY- OF GILROY
AS SHOWN ON THOSE PARCEL MAPS FILED
JULY 21, 1980 IN BOOK 467 OF MAPS, AT PAGE 15 &
JANUARY 30, 1981 IN BOOK 479 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