Resolution No. 85-34
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RESOLUTION NO.
85-34
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY ORDERING REDUCTION OF ASSESSMENT,
AUTHORIZING EXECUTION OF QUITCLAIM DEED, AND ORDERING
REFUND OF ASSESSMENT INSTALLMENTS PAID, WITH INTEREST
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RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, following proceedings conducted by said City pursuant
to its Resolution No. 81-93 of Intention to Acquire and Construct
Improvements adopted by said Council on October 5, 1981, ROBERT and
CELIA JAIME commenced litigation in the Superior Court in and for the
County of Santa Clara, with respect to an assessment upon their real
property for street improvement purposes; and
WHEREAS, the parties desire to settle and compromise their
differences and disputes without an admission of liability;
NOW, THEREFORE, it is hereby determined and ordered, as follows:
1. Assessment No.2, levied in said proceedings against
Assessor's Parcel No. 790-16-030 be, and it is hereby, reduced from
$15,798.33 to $0.00.
2. The Engineer of Work in said proceeding be, and he is
hereby, directed to make such change either on the face of the
Engineer's Report or by filing an amendment thereto.
3. The City Manager of said City be, and he is hereby
authorized and directed to execute on behalf of the City of Gilroy, a
quitclaim deed to ROBERT and CELIA JAIME of that certain real property
heretofore acquired as a part of said proceedings and more particularly
described and shown in the Exhibit and map attached hereto and by
reference incorporated herein.
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4. The Director of Finance of said City be, and he is hereby,
authorized and directed to refund all assessment installments of
principal and interest heretofore paid by ROBERT and CELIA JAIME on
account of said assessment previously levied, together with interest at
RESOLUTION NO. 85 - 34
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the rate of ten percent (10%) per annum from the date of payment of
each of such installments to the date of refund of said installments as
herein prov ided.
5. Each of the foregoing items shall be subject to receipt by
Wilson Morton Assaf & McElligott, city's Bond Counsel, of a Dismissal
with Prejudice of the aforesaid litigation, and an agreement that each
party shall bear its own costs and attorney's fees therein.
6. The City Clerk of this City is hereby directed to file a
certified copy of this Resolution with the City Manager and Director of
Finance of said City, and to cause recordation of a certified copy
hereof in the official records of the County of Santa Clara.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy
on the
3rd
day of
June
, 1985, by the following vote of
the members hereof:
NOES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PATE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
AYES:
ABSENT:
COUNCILMEMBERS: None
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City C erk
City of Gilroy
APPROVED:
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(SEAL)
RESOLUTION NO. 85 - 34
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All that certain real property lying within the City of Gilroy,
Santa Clara County, State of California, described-as follows:
Being a portion of Lot I Block 9, as shown on that certain map -
entitled "Map of-North Gilroy Tract" which was filed for record
in the Office of the Recorder of the "County of Santa Clara, State
of California, on October 3, 1927 in Book "W" of Maps at Page{s)
14 & 15; being a parcel of fand-fordedication to the -City of
Gilroy for street and roadway pu~poses,_being more particularly
described as follows: . -
Beginning at a point on the -northerly boundary of Ronan Avenue
(40' wide) at the point of inte~section with the-common line of
Lot 1 and Lot 2 of said "Map of North Gilroy Tract"; _thence
along said northerly boundary of Ronan Av~nde -
I. N BBo 35' 00" E, 208.65 feet to a point; then"ce departi~g
said northerly boundary of Ronan Avenue
2. NOlo 25' 00" W, 10.00 feet to a-point; thence along a line
parallel to said northerly boundary of Ronan Avenue and
10.00 feet distant therefrom
3. S B80 35' 00" W, 208.65 feet to a point thence
4. SOlo -25' 00" E, 10.00 feet to the POINT OF BEGINNING.
Said Parcel of land containing: 2087 Sq.Ft. More or Less.
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EXHIBIT- A
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MH engineering Co. NAME: ROBERT A. a CELIA JAIME
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RONAN AVE.20'
225 Sixth Street. Suite B
.P.O. Box 1037
Hollister. CA 95023
637-1645
Subdivisions ASSESSMENT NO. 2
Land Planning ,.
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ASSESSO-R'S PARCEL-NO. 790-16-030'
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I, SUSANNE E. STEINMETZ-, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 85-34
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
3rd day of June , 19 85 , iI.t 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 4th
day of-
A]u-~
~C1erk of
- (Seal)
June
19 85