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Resolution No. 2015-58RECORDING REQUESTED BY: ) City of Gilroy ) WHEN RECORDED, MAIL TO: ) Shawna Freels, City Clerk ) City of Gilroy ) 7351 Rosanna Street ) Gilroy, CA 95020 ) DOCUMENT: 23177195 IIWII��IVnl�ll�'��VI� REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages: 8 Fees.... No Fees Taxes... Copies.. AMT PAID RDE # 026 12/18/2015 2 :46 PM RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RESOLUTION NO. 2015-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A 5 -FOOT BY 24 -FOOT PORTION 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 24THROUGH 33 RECORDS OF SANTA CLARA COUNTY, CALIFORNIA SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RESOLUTION 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 80848 -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 16th 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 F." V—VA *W Shaw Aa Freels, City Clerk APPROVED: )1M . /,/ DKhala F. Gage, mayor 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 16th 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 F." V—VA *W Shaw Aa Freels, City Clerk APPROVED: )1M . /,/ DKhala F. Gage, mayor RESOLUTION NO. 2015-58 AHMI U-ir- August 4, 2015 HMH 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. Tracy L. Giorg P , PLS 8720 License Expires: 06/30/2016 505030LD04.docx g- 4 -/5�' Date LAG O,v- No. �c. 8720 OF CA 1570 Oakland Road I San Jose, California 95131 1 (408) 487 -2200 1 (408) 487 -2222 Fax I www.HMHca.com i AND SU,QG 0 50 100 -4 N u1 7� N0.8% 1 IN. = 100 FT. Ln \ \ Ln° � c0 lF CAi. \Fad \� \ i LEGEND i — — Ln \ O — — — — BOUNDARY LINE 00 r- (D \ \ O \ — — — — — EASEMENT LINE \ LOT LINE w r7 \ AREA TO BE N N �0 VACATED I z � Q PSE PUBLIC SERVICE EASEMENT Ld I > — — — w N \ ' � \ EMERGENCY Q Q 7, co c0 \ EVAE VEHICLE ACCESS N O d- co EASEMENT Z Q. Q � d 14- Q O 77 TYP TYPICAL < O N O (n ao rn D N N O ZQ- 00 1= -- � U — — — O p \� N r- O L 00 0 ON HY E PARK DRIV \ i, 00 24' PSE do 00 I — �EVAE (TYP) 00 00 00 \ � N 5.00' — ao (TYP) — — o I N _ O 00 00 I O 0) 00 00 a0 00 00 \ \ rn N N i 0) 1 — — 03 a� to c0 � O N N N O U 00 _ d rn N O N N N r I O O SHEET 1 OF 2 clot« 08- 04-201 EXHIBIT "B -1' oro.r TG PLAT TO ACCOMPANY DESCRIPTION: ceeaaed: TG _ PSE AND EVAE VACATION SK 1570 Oakland Road (408) 487 -2200 PORTIONS OF TRACT 10184 MAP 505030PL04 I San .lose, CA 95131 HMHca.com GILROY CALIFORNIA m� �o 0 �x m D a' A Sm i� V M; 0 128 129 134 135 140 1 127 i i 130 133 1 1136 1 1 139 SIC 1 m� M 126 ( I 1 31 1 32 1 11 37 (38 —I = 123 124 125 'gym 141 153 152 1 1 122 121 120 142 1 1 166 \ 151 \1 118 119 143 � 150 117 O .o Z 144 149 p 114 p =:I J) \116115 145 148 z OOOv XX 1 P9 I �m0m :ijDD-1 101 omz a 1 95 94 1 .89 88 i 83 Q O N N lb, o z > 1102 99 1 N 93 1 1 90 87 I 184 "n o a N 92 113 y 111 112 �� 0 108 110 109 107 1 105 106 104 146 147 B W. LUCHESSA AVENUE 1 6 7 ro 12 13 18 •19 2 1 i 5 8 1 i 11 14 I 1 17 20 3 I I 4 9 1 I 10 15 I I 16 21 LUSITANO WAY 154 i i 155 165 L J 164 156 I 1 157 163 L J 162 SHIRE STf 158 i 161 L J C'- fl AA A I 1 &i • - I I 1 L J212 J 1 P9 I V VV/-% f 101 100 1 1 95 94 1 .89 88 i 83 21; 1102 99 1 1 96 93 1 1 90 87 I 184 103 98 97 92 91 86 85 I I 1 L J212 J 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'h 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'h Hof November, 2015. rfia Freels, MMC\�/ Clerk of the City of Gilroy (Seal)