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Resolution 943 "';';'~~"~'>,;;;"","~", I 11",'.t1 ij RESOLUTION NO. 943 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORI- ZING THE l? URCHASE OF LAND UPON WHICH MILLER PARK IN THE CITY OF GILROY IS LOCATED FROM THE TRUSTEES OF THE TRUST CREATED BY THE WILL OF HENRY MILLER, AND TO PAY THEREFOR THE SUM OF TWENTY FIVE THOUSAND DOLLARS WHEREAS, the City of Gilroy has heretofore, for a number of years, been using for public park purposes the premises belonging to the trust created by the Will of Henry Miller, who died in the year 1916, located in the City of Gilroy between Princevalle and Carmel street and immediately north of Second Street, under an arangement with the trustees of the said trust according to which the City of Gilroy, in consideration of the payment of the property taxes against the said premises, have been given the right to utilize the said premises for a public park; and WHEREAS, the said Will of the said Henry Miller provided that the said premises were to be used as a site for a hospital to be located thereon, known as the Las Animas Hospital, which was to be financed through a $300,000.00 fund established by the said Henry Miller in a trust declaration made at the time the said Will was executed and said trusts were to continue until all of the children of said Henry Miller and the children of said children living at the time of said Henry Miller's death had all died and in the year 1962, the last of the children of the children of said Henry Miller died and the trustees of the said trust are closing the trust established by the said Will and trust, and it has become necessary for the said trustees to determine the disposition to be made of the said lot hereinbefore described, and they have petitioned ele superior Court of the state of California, in and for the County of Santa Clara, for an order authorizing them to sell the said premises to the city of Gilroy for the sum of $25,000.00, cash, and have obtained an Order from the said court granting the said petition, and the said city of Gilroy is desirous ( 1) q;-/3 ~,,,""~'ll'iIiiirJllI('n~~ "I .,,40r,n:rt-j-"VCI'1O>111t of acquiring the said property for the said sum; NOW THEREFORE, BE IT RESOLVED and it is hereby ordered that the city of Gilroy purchase the said premises hereinbefore referred to and which are hereinafter more particularly described, from the said trustees holding the said property under the said Will of Henry Miller and pay therefor the said sum of $25,000.00 in current, lawful money of the united states of America, through an escrow to be established in the Western Title Guaranty Company in the City of San Jose, and upon the conveyance of the title of said property, free and clear of encumbrances except for taxes for the fiscal year 1965-1966, the said money shall be paid by the escrow agent to the said trustees. The said premises hereinbefore referred to are more particularly described as follows, to wit: All that certain lot, piece or parcel of land situate lying and being in the City of Gilroy, County of Santa Clara, state of California, more particularly bounded and described as follows, to wit: BEGINNING at the intersection of the northerly line of Second Street with the westerly line of Carmel Street as said streets are now layed out, and designated on the official map of the City of Gilroy and running thence along the northerly line of second street to the easterly line of princevalle Street; thence in a northerly direction along the easterly line of Princevalle street 629.48 feet; thence at right angles in an easterly direction to the westerly line of Carmel Street; thence in an southerly direction along the westerly line of Carmel street to the point of beginning and being a portion of Block 5 North Range 7 West of the City of Gilroy. PASSED AND ADOPTED this _6th day of July, 1965, by the following vote: AYES: Councilmembers ALLEMAND, DUFFIN, ECKARD, GOODRICH, QUARTIROLI, WENTWORTH AND PETERSEN NOES: Councilmembers NONE ABSENT: Councilmembers NONE -1'Q (L-1'r~j City Clerk J 0,;/~ J APPROVED: ~y~ Mayor ATTEST: ? ) i ( 2) I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 943 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of July a quorum was present. , 19 65 , at which meeting - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 7th day of Ju 1 y }40 O"1.4~ ity Clerk of the City of Gil