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Resolution No. 2001-83RECORDING REQUESTED BY: j 23716934 Regina Alcomendras City of Gilroy ) Santa Clara County - Clerk- Recorder 08/01/2017 02:24 PM Titles: 1 Pages: 6 Fees: 0.00 WHEN RECORDED, MAIL TO: Shawna Freels, City Clerk ) Total. 0.00 City of Gilroy ) mill FrAl IMPA tiAN� 7351 Rosanna Street - - -- Gilroy, CA 95020 ) RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) ORDER OF VACATION RESOLUTION NO. 2001-83 A RESOLUTION ORDERING THE VACATION OF A CETAIN PORTION OF NINTH STREET AND PUBLIC UTILITY EASEMENT RESERVATION LOCATED ON THE NORTH SIDE OF NINTH STREET BETWEEN UNION PACIFIC RAILROAD AND ALEXANDER STREET, GILROY, CALIFORNIA SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RESOLUTION NO. 2001-83 A RESOLUTION ORDERING THE VACATION OF A CERTAIN PORTION OF NINTH STREET AND PUBLIC UTILITY EASEMENT RESERVATION LOCATED ON THE NORTH SIDE OF NINTH STREET BETWEEN UNION PACIFIC RAILROAD AND ALEXANDER STREET, GILROY, CALIFORNIA. BE IT RESOLVED by the City Council of Gilroy as follows: WHEREAS, pursuant to the provisions of Section 8334 of the California Streets and Highway Code, the City Council may summarily vacate an excess public right -of -way of a street not required for street or highway purposes; 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 described in Exhibit A" as attached hereto, conforms with the provisions of Section 8334 of the California Streets and Highway Code, and it is not required for street or highway purposes. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: A. That the following portion of a public right -of -way for street or highway purposes in the City as fully described in Exhibit "A" is hereby vacated; B. That the vacation hereby releases all public right -of -way rights to the adjacent property owner for street or highway purposes that may have accrued in the property as fully described in Exhibit "A "; and C. That a public utility easement and right -of -way for utilities in, on, over, under, Uft37414.1 01- 121204706002 along and across the property as fully described in Exhibit A" is hereby retained -1- Resolution No. 83 by the City for the purpose of constructing, installing, operating, maintaining, repairing and replacing public and City utility facilities, including a reasonable right of ingress and egress over adjoining lands of the City. PASSED AND ADOPTED this 17th day of December, 2001, by the following vote: AYES: COUNCILIVIEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED:: Thomas W. Springer, May ATTEST: Rhonda Pellin, City Clerk — - -- -- UH15374t41- --- - -- - -- _ -_ --__ - - --- 01- 121204706002 - -2- - _- - -- - - - -- - -_ -_ - - - - - No: 83 Resolution 12 -1,1 -201, 5 -32PM FROM UNDERWOOD ROSENBLUM 4084531207 LANDS OF UNION PACIFIC RAILROAD COMPANY FORMERLY SOUTHERN PACIFIC RAILROAD COMPANY I r,. RoSF a. 6395 I N4 CA� AREA OF STREET ABANDONMENT AND PUBLIC UTILITY RESERVATION POINT Cr BEMNNDIG 1 toUNDERWOOD & ROSENBLUM, INC. civil engineers and surveyors 100 Oddand Rood SIL 8114 Say Jm4 OL "31 Tel ?k (4" 159 = Fmk ze) 453 120'7 T ALEXANDER ST s214wool 479.89' 0 0 0 0 0 n L PARCELI 501 M 7 P 3 T U 4Y U14 w N200WID01W 289.41' o m o UNION PACIFIC RAILROAD FORMERLY SOUTHERN PACIFIC RAILROAD COMPANY - o 0 L -30.13 aU � a_ Ra2379.82 I -0'3$•56" 30• 30, PAGE 2 OF 2 T "AM Date. 12 -11-01 PIAT OF DBSCP.UMON scale 1' =60' - - _- NM STREET-- ABAND0NWM SOUTHWEST SIDE Dwn ,y. =,SWAM - _ - -- (k§16Y- GWFORNU rJob No 9860- — _ 12- 11- 201'4 =35PM FROM UNDERWOOD ROSENBLUM 4084531207 ■ml 1A* �� NOS ". I I , EXHIBIT "A" LEGAL DESCRIPTION STREET ABANDONMENT AND PUBLIC UTILITY EASEMENT RESERVATION SOUTH SIDE OF NINTH STREET 9660 December 11,2001 All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows- Beginning at the intersection of the centerline of Ninth Street, BO feet wide, and the Easterly line of Union Pacific Railroad, (formerly Southern Pacific Transportation Company), 100 feet wide, as shown on that certain Parcel Map recorded on June 2, 1982, in Book 501 of Maps at Page 7, Santa Clara County Records; Thence, along said centerline, South 7010900 "West, 45.01 feet to the beginning of a non - tangent curve to the left Thence, southerly, along a non -tangent curve, concave to the east, with a radial bearing of North 75 °33'10" East and a radius of 2879 82 feet, through an included angle of 0135'58" to a point on the southerly line of Ninth Street, said point having a radial bearing of North 74 057'12 "East, Thence, along the southerly line of Ninth Street, North 70 °00'00 "East, 47 76 feet to the Point of Beginning of the property being herein described and containing 0.032 Acres of land, more or less. Reserving therefrom, an easement and right of way for utilities in, on, over, under, along and across the hereinabove described real property, situate to the City of Gilroy, County of Santa Clara, State of California, for the purpose of constructing, installing, operating, maintaining, repairing, and replacing public and City utility facilities, including a reasonable right of ingress and egress over adjoining lands of Grantee The easement may be used for parking, driveways and landscaping which will not interfere with use of the easement 81nstswHnwast- 1, �`I �ti?altlttnd Roel�, Stilts Al ik • - l 1 _ t ' Satr,lm�Cli95t311'1 �fltHte1488i>r53.1��'"= F 1 • - 1` '11 11 1 1 FJ�lge 1 +f 2 -1 t a� 1408) 453•'207 ', v1r etua I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2001 -83 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of December, 2001, 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 11 th day of January, 2002 City Jerk ofthe City of Gilroy (Seal)