Resolution 2019-23RESOLUTION NO.2019-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ORDERING THE VACATION OF A CERTAIN STRIP
OF LAND DESIGNATED AS A PORTION OF A PUBLIC
STREET RIGHT OF WAY DESIGNATED FOR PUBLIC USE,
THE STRIP SHOWN AS PORTION OF BANES LANE SHOWN
UPON THAT CERTAIN MAP ENTITLED MAP NO. 7 OF THE
PARTITION OF THE LOS ANIMAS RANCHO, SUPERIOR
COURT CASE 5536, SANTA CLARA COUNTY,
CALIFORNIA.
WHEREAS, to California Streets and Highway Code, Section 8330 et seq., the City
Council may summarily vacate an excess public right-of-way for street or highway purposes by
finding, from evidence submitted, that the excess right-of-way is no longer required for street or
highway purposes and conforms with the provision of Section 8331 and 8334 of the California
Streets and Highway Code regarding vacation of excess right-of-way; and
WHEREAS, the City Council having duly considered all evidence, and followed the
procedure prescribed by law, hereby finds and determines from all of the evidence submitted that
proposed order of vacation of the public street for the excess public right-of-way of a street
known as Banes Lane, as fully described in Exhibit "A", as attached hereto, conforms with the
provisions of Section 8331 and 8334 of the California Streets and Highway Code, and it is an
excess public right-of-way no longer required for street or highway purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY, AS FOLLOWS:
1. That the portion of that certain 29.7 foot wide strip of land commonly known as
Banes Lane, lying easterly of Alexander Street and westerly of Automall Parkway (formerly
Chestnut Street), being portion of the Map No. 7 of the Partition of the Los Animas Rancho
(superior Court Case 5536), and further shown on Map entitled "Parcel Map" filed November 6,
2002 in Book 755 of Maps Pages 1 and 2, Records of Santa Clara County, California, as fully
described in Exhibit "A" as attached hereto, is hereby vacated; and
RESOLUTION NO.2019-23
2. That public convenience and necessity require the reservation of a Public Service
Easement over the portion of Banes Lane proposed to be vacated to construct, maintain, operate,
replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other
convenient structures, equipment, and fixtures for any and all existing and future public
facilities; and
3. That the order of vacation of the portion of the public street known as Banes
Lane, as fully described in Exhibits "A" conforms to Streets and Highways Code sections 8331
and 8334 as follows: (1) said portion of Banes Lane has been impassable for vehicular travel for
a period of five consecutive years and no public money was expended for maintenance of the
street during such period; and (2) said portion of Banes Lane is an excess right-of-way no longer
required for street or highway purposes; and
4. That the vacation hereby releases all public right-of-way rights to the adjacent
property owners for street and highway purposes that may have accrued in the property, as fully
described in Exhibits "A"; and
5. That the City Council, pursuant to Streets and Highways Code, Chapter 4, section
8330 et seq., hereby orders the vacation of the portion of Banes Lane described in Exhibits "A",
attached hereto, and the reservation of a Public Service Easement having determined that it is an
excess right-of-way no longer required for street or highway purposes and that public
convenience and necessity require the reservation of a Public Service Easement; and
6. That this Resolution shall become effective on June 3, 2019, and shall be recorded
by the City Clerk in the Santa Clara County Recorder's Office shortly thereafter; and
7. From and after the date this Resolution is recorded in the Santa Clara County
Recorder's Office, the portion of Banes Lane described in Exhibit "A" shall revert to APN: 841-
74-003 and 841-74-004.
RESOLUTION NO.2019-23
THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDERS THE
VACATION OF A PORTION OF THE PUBLIC STREET SHOWN AS BANES LANE ON
MAP NO. 7 OF THE PARTITION OF THE LOS ANIMAS RANCHO (SUPERIOR COURT
CASE 5536), AND FURTHER SHOWN ON MAP ENTITLED "PARCEL MAP" FILED
NOVEMBER 6, 2002 IN BOOK 755 OF MAPS PAGES 1 AND 2, RECORDS OF SANTA
CLARA COUNTY, CALIFORNIA.
PASSED AND ADOPTED this P day of June, 2019, by the following vote:
AYES: COUNCIL MEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ,
MARQUES, TOVAR, TUCKER and VELASCO
NOES: COUCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Shawna Freels, blyderk
Velasco, Mayor
RESOLUTION NO.2019-23
EXHIBIT A
Legal Description to Accompany a Vacation of a portion of Banes Lane
in the City of Gilroy, County of Santa Clara, State of California
All that real property lying within the City of Gilroy, County of Santa Clara, State
of California, being a portion of Banes Lane (29.70 feet wide) as shown on that
certain Parcel Map filed November 6, 2002 in Book 755 of Maps, at Pages 1 and
2, Records of said County, being more particularly described as follows:
Commencing at the northeast corner of Parcel 2 as shown on said Parcel Map;
thence along the northerly boundary line of said Parcel 2 North 89051'11" West
349.04 feet to the northwest corner thereof; thence leaving said boundary line
North 00008'49" East 14.85 feet to a point in the centerline of said Banes Lane,
said point being the True Point of Beginning; thence along said centerline of
Banes Lane North 8905111" West 25.45 feet to a point, said point being the point
of intersection of said centerline with the southerly prolongation of the westerly
boundary line of the Lands of Helen E. Fletcher (now Tierra Ventures, LLC) as
shown on said Map; thence leaving said centerline along said prolongation North
00016'00" East 14.85 feet to the southwest corner of said Lands of Fletcher;
thence along the southerly boundary line of said Lands of Fletcher South
89051'11" East 372.82 feet to a point, said point being the point of intersection of
said southerly boundary line with the northerly prolongation of the easterly
boundary of said Parcel 2; thence leaving said southerly boundary line southerly
along said prolongation South 03000'41" East 14.87 feet to a point on said
centerline of Banes Lane; thence leaving said prolongation along said centerline
North 89051'11" West 348.22 feet to the True Point of Beginning.
Reserving therefrom a Public Service Easement for any and all public services.
Containing 5,643 square feet of land, more or less.
As shown on "EXHIBIT A1" attached hereto and made a part hereof.
End of Description
This description was prepared by me
requirements of the Professional Land
data.
or under my direction pursuant to the
Surveyor's Act and is based on record
4-$-19
John . King
P.L.S16809 4 JOHN K.-
KING . .
No:8809
-9
OF rIs�1F
EXHIBIT Al
PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR A VACATION OF A PORTION OF BANES LANE
IN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
MARCH, 2019 SCALE: 1 " = 60'
10
TIERRA VENTURES, LLC 0
PARCEL ONE _
`o OF co
DOCUMENT: 16546203 m
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�a0 F� APN 841-74-004 I Z
F, 22' C
J °° �� TIERRA VENTURES, LLC
v a / PARCEL TWO
a Q DOCUMENT: 16546203 m
n APN 841-74-003 I m
U)
c
BANES LANE
T
Lo
S89' 51 ' 11 "E l 372.82'
OD
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L4
_N89'51 11 'W 348.22
TPOB <� N89'51'11"W 349.04'
ry PARCEL 2 co
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iv j 755 M 1-2
APN 841-16-1 17 43'
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LINE TABLE
LINE LENGTH BEARING
L3 14.85' N0908'49'E
L4 25.45' N89'51' 1 1 "W
L5 14.85' N00' 16'00"E
N L6 14.87' S03'00'41 "E
LEGEND
BOUNDARY OF PUBLIC
S1a11AL LAV DSG STREET VACATION
K. x'�� LOT LI N E
CENTERLINE
— — — — — — — — OLD LOT LINE
POC POINT OF COMMENCEMENT
6809
��qTF of Cpk,LtFp4F- TPOB TRUE POINT OF BEGINNING
r € RECORD DATA PER 755 MAPS 1-2
C HANNA IBRUNETTI
EST. 1910
JOHNI K. KING — PLS 68091
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
DATE JN 18039 7651 EIGLEBE rn t I2CA3ROY, CA 95020
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2019-23 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 held on
the 3Td day of June, 2019, 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 4d'd�ay of -Tune, 2019.
Sh reels, MMC`�
City Clerk of the City of Gilroy
(Seal)