Resolution 2015-58RESOLUTION NO. 2015-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF 5 -FOOT BY 24 -FOOT PORTIONS OF THE
PUBLIC SERVICE EASEMENTS AND EMERGENCY VEHICLE ACCESS
EASEMENTS LYING WITHIN 51 LOTS AS SHOWN ON THE MAP OF
"TRACT 10184 OAK PLACE" FILED FOR RECORD ON NOVEMBER 26,
2013, IN BOOK 866 OF MAPS, PAGES 24 THROUGH 33, RECORDS OF
SANTA CLARA COUNTY, CALIFORNIA
WHEREAS, pursuant to the provisions of the California Streets and Highways Code,
section 8330 et seq., the City Council may summarily vacate a public service easement when the
easement has been determined to be excess and there are no other public facilities located within
the easements; 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
public service easements and other public service easements designated as emergency vehicle
access easements, as fully described in Exhibit "A" as attached hereto, conforms with the
provisions of Section 8333 of the California Streets and Highways Code, and the public service
easement has been determined to be excess and there are no other public facilities located within
the easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. That the 24 -foot wide Public Service Easements designated as "PSE" and
Emergency Vehicle Access Easements designated as "EVAE", having lengths matching the
entire length of the private alleys in Tract 10184, were dedicated to the City in November 2013
and entire lengths of the said PSE and EVAE were required until the developer of Tract 10184
discovered that a 5 -foot long by 24 -foot wide portion of the PSE and EVAE were in conflict with
the building garages of certain lots; and
2. That the 5 -foot long by 24 -foot wide portions of the PSE and EVAE lying within
Lots 1, 6, 7, 12, 13, 18, 19, 24, 25, 30, 31, 36, 37, 42, 43, 48, 49, 51, 54, 55, 57, 58, 59, 64, 65,
70, 71, 76, 77, 82, 85, 86, 91, 92, 97, 98, 103, 104 (occurs twice), 105, 110, 111, 116, 117, 122,
123, 128, 129, 134, 135, 140, and 211 as shown on the Map of "Tract 10184 Oak Place" filed for
record on November 26, 2013, in Book 866 of Maps, pages 24 through 33, Records of Santa
Clara County, California, as fully described in Exhibits "A ", `B -1" and `B -2 ", are hereby
vacated; and
3. That the order of vacation of the 5 -foot long by 24 -foot wide portions of the PSE
and EVAE, as fully described in Exhibit "A" conforms to Streets and Highways Code section
RESOLUTION NO. 2015-58
8333 as the easements have been determined to be excess and there are no other public facilities
located within the easements; and
4. That the vacation hereby releases all easement rights to the adjacent property
owners for street and highway purposes that may have accrued in the property, as fully described
in Exhibit "A "; and
4. That the City Council, pursuant to Streets and Highways Code, Chapter 4, section
8330 et seq., hereby orders the vacation of the 5 -foot long by 24 -foot wide portions of the PSE
and EVAE described in Exhibit "A ", attached hereto.
5. That this Resolution shall become effective on November 16, 2015, 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, applicable portions of the 5 -foot long by 24 -foot wide PSE and EVAE
described in Exhibit "A" shall revert to the following lots within Tract 10184 with the
corresponding Assessor's Parcel Number (APN):
RESOLUTION NO. 2015-58
Lot No.
APN
Lot No.
APN
1.
1
808 -48 -001
19.
54
808 -49 -027
2.
6
808 -48 -006
20.
55
808 -49 -028
3.
7
808 -48 -007
21.
57
808 -49 -030
4.
12
808 -48 -012
22.
58
808 -49 -031
5.
13
808 -48 -013
23.
59
808 -49 -032
6.
18
808 -48 -018
24.
64
808 -49 -037
7.
19
808 -48 -019
25.
65
808 -49 -038
8.
24
808 -48 -024
26.
70
808 -49 -043
9.
25
808 -48 -025
27.
71
808 -49 -044
10.
30
808 -49 -003
28.
76
808 -49 -049
11.
31
808 -49 -004
29.
77
808 -49 -050
12.
36
808 -49 -009
30.
82
808 -49 -055
13.
37
808 -49 -010
31.
85
808 -48 -032
14.
42
808 -49 -015
32.
86
808-48 -033
15.
43
808 -49 -016
33.
91
808 -48 -038
16.
48
808 -49 -021
34.
92
808 -48 -039
17.
49
808 -49 -022
35.
97
808 -48 -044
18.
51
808 -49 -024
36.
98
808 -48 -045
RESOLUTION NO. 2015-58
PASSED AND ADOPTED this 16`h day of November, 2015, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Shaw,rfa Freels, City Clerk
APPROVED:
001c, W-1
RESOLUTION NO. 2015-58
Lot No.
APN
37.
103
808 -48 -050
38.
104 (occurs twice) 808 -48 -051
39.
105
808 -48 -052
40.
110
808 -48 -057
41.
111
808 -48 -058
42.
116
808 -48 -063
43.
117
808 -48 -064
44.
122
808 -48 -069
45.
123
808 -48 -070
46.
128
808 -48 -075
47.
129
808 -48 -076
48.
134
808 -48 -081
49.
135
808 -48 -082
50.
140
808 -48 -087
51.
211
808 -49 -077
PASSED AND ADOPTED this 16`h day of November, 2015, by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Shaw,rfa Freels, City Clerk
APPROVED:
001c, W-1
RESOLUTION NO. 2015-58
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -58 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 16`" day of November, 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 17`x' day of November, 2015.
Shawna Freels, MMC `-'
City Clerk of the City of Gilroy
(Seal)
Ao�Ml F-Ir- August 4, 2015
H M H 5050.30.240
Page 1 of 1
EXHIBIT "A"
LEGAL DESCRIPTION FOR
PUBLIC SERVICE EASEMENT AND
EMERGENCY VEHICLE ACCESS EASEMENT
REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of California, being a
portion of those Public Service Easements and Emergency Vehicle Access Easements shown
on that Map of Tract 10184 filed for record on November 26, 2013, in Book 866 of Maps, pages
24 through 33, Santa Clara County Records, described as follows:
The northerly 5.00 feet of the 24 foot Public Service Easement and Emergency Vehicle Access
Easement lying within Lots 1, 6, 7, 12, 13, 18, 19, 24, 25, 30, 31, 36, 37, 42, 43, 48, 49, 128,
129, 134, 135 and 140 of said Map of Tract 10184;
And, the southwesterly 5.00 feet of the 24 foot Public Service Easement and Emergency
Vehicle Access Easement lying within Lots 104, 105, 110, 111, 116, 117, 122 and 123 of said
Map of Tract 10184;
And, the southerly 5.00 feet of the 24 foot Public Service Easement and Emergency Vehicle
Access Easement lying within Lots 85, 86, 91, 92, 97, 98, 103 and 104 of said Map of Tract
10184;
And, the southeasterly 5.00 feet of the 24 foot Public Service Easement and Emergency Vehicle
Access Easement lying within Lots 58, 59, 64, 65, 70, 71, 76, 77, 82 and 211 of said Map of
Tract 10184;
And, the easterly 5.00 feet of the 24 foot Public Service Easement and Emergency Vehicle
Access Easement lying within Lots 51, 54, 55 and 57 of said Map of Tract 10184.
As shown on "Exhibit B -1" and "Exhibit B -2 ", 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.
- -0- -
Tracy L. G oi. g i, PLS 8720
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