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Resolution 1331 RESOLUTION NO. 1331 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF GILROY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC PARK AND APPURTENANCES THERETO ON 21.869 ACRES OF LAND HEREINAFTER DESCRIBED, ALL WITHIN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF CERTAIN REAL PROPERTY TO BE USED BY THE CITY FOR THE CONSTRUCTION OF SAID PUBLIC PARK AND APPURTENANCES THERETO WITHIN THE AREA AFORESAID; AND DECLARING THE INTENTION OF THE CITY OF GILROY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY OF THE CITY OF GILROY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SANTA CLARA, FOR THE PURPOSE OF ACQUIRING SAID REAL PROPERTY. BE IT RESOLVED, by the Council of the City of Gilroy, as follows: Section 1. The public interest, convenience and necessity of the City of Gilroy and the inhabitants thereof require the construction, operation and maintenance of a public park and appurtenances thereto on the following property: BEING a portion of Ranch Lot 25 as shown on Map No. 7 accompanying the Final Report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara and being more particularly described as follows: "BEGINNING at a point in the line common to Ranch Lots 24 and 25 distant thereon N. 89024'30"E. 136.45 feet from the corner common to Ranch Lots 23 and 24 as shown on said Map, said point of beginning being also the southwesterly corner of that certain parcel of land conveyed to Lola Tovar by deed dated June 13, 1946 and Recorded in Volume 1477 at page 562, Official Records of Santa Clara County, and running thence along the line common to Ranch Lots 24 and 25 N.89024'30"E. 1445.74 feet to the southwesterly corner of the certain parcel of land described in the Deed to Jesus and Jessie Razura, husband and wife, recorded May 25, 1961 in Volume 5178 at page 504, Official Records of Santa Clara County; thence along the westerly line of said Parcel N.lo32'W. 463.56 feet to the northwesterly corner thereof in the southerly line of that certain Parcel / '7 --~? j .-:) , '5 / of land described in the Deed to George T. Duffin and Helen Duffin, his wife, recorded February 4, 1966 in Volume 7271 of Official Records at r.age 330; thence along said southerly line S.88030'50'W. 151.56 feet; thence N.4l023'40"W. 285.29 feet; thence along a curve to the left with a radius of 300.00 feet through a central angle of 24014'55", for a distance of 126.97 feet to a point in the northerly line of said Parcel conveyed to Duffin distant thereon N.88030'50"E.7.96 feet from the northwesterly corner thereof; thence along a continuation of the last described curve through an additional central angle of 25050'35" for a distance of 135.31 feet; thence along a line that is 30.00 feet distant northerly at right angles from the southerly line of that certain parcel of land described in the deed to Jean Roman recorded December 19, 1963 in Volume 6315 of Official Records at page 660 S.88030'50"W. 299.82 feet to a point in the westerly line of said Parcel conveyed to Roman 30.00 feet northerly from the southwesterly corner thereof; thence continuing along a line that is 30.00 feet distant at right angles northerly from the northerly line of that certain parcel of land described in the Deed to E. H. and Charles Ball recorded November 27, 1950 in Volume 2102 of Official Records at page 308 S.88030'50"W. 345.05 feet; thence S.0042'E. 30.00 feet to the northwesterly corner of said Parcel conveyed to Ball; thence along the westerly line of said Parcel S.0042'E. 296.40 feet to the southwesterly corner thereof; thence along the southerly line of that certain parcel of land described in the deed to Joseph G. McCormick et ux, recorded in Volume 5789 of Official Records at page 512 S.88030'50"W. 231.45 feet to the northwesterly corner of that certain parcel of land conveyed to Tovar first above referred to; thence along the wes terly line of said Parce 1 S. 10 32"E. 441. 00 feet to the point of beginning, and CONTAINING THEREIN 21. 869 acres." $/"J Section 2. The public interest, convenience and necessity of said city and the inhabitants thereof demand the acquisition and taking of the herein described real property for the construction, operation and maintenance of said public park and appurtenances thereto on said property. Section 3. The taking and acquiring by said city of the property hereinbefore described is deemed necessary for the construction, operation and maintenance of said public park and appurtenances thereto by the City of Gilroy and the inhabitants thereof for a municipal purpose; such use is a public use, and that for such public use it is necessary -2- that the City of Gilroy condemn and acquire said property; said property is to be used for the construction, operation and maintenance of said public park and appurtenances thereto. Section 4. The City Attorney of the City of Gilroy be, and he is hereby authorized and directed to commence an action in the Superior Court of the State of California, in and for the County of Santa Clara, in the name and on behalf of the City of Gilroy, against all owners and claimants of the above-described property, for the purpose of condemning and acquiring said property for the use of said city. PASSED AND ADOPTED this 15th day of April, 1969, by the following vote: AYES: COUNCILMEMBERS: BATREZ, KENNEDY, PATE, SILVA, '~NTWORTH, GOODRICH NOES: ABSENT: COUNCILMEMBERS: None COUNCILMEMBERS: DUFFIN APPROVED: 7U7~PdA~-L-~ Mayor ATTEST: -3- I, SUSANNE E. STEI~IETZJ City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1331 i s an ori g i na 1 resolution, duly adopted by the Council of the City of Gilroy at a adjourned regular/meeting of said Council held on the 15th day of April , 19 ~ 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 18th day of Apri 1 , 19 69. , ;' & (e'--'" ~I- . . (/// /1, 1 ) , , " / ,'t.;. c!'~vkU'. f!..1./tf,.VI'/.."..l"J ,C i ty Clerk of the CI ty of GI1 roy