Resolution 435
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RESOLUTION NO. 435
RESOLUTION OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACQUISITION
OF EASEMENT AND OF AUTHORIZING THE ATTORNEY FOR THE CITY OF GILROY TO INSTITUTE
SUIT IN EMINENT DOMAIN THEREFOR.
BE IT RESOLVED:
That the Common Council of the City of Gilroy does hereby expressly
find and determine that the public interest and necessity require the furnish-
ing and installation of street lighting poles and street lights for a street
lighting system for an improvement district comprising Tract No. 239, Renz
Addition to the City of Gilroy and portions of other tracts in the City of
Gilroy in accordance with the street lighting act of 1919 of the State of
California as set forth in that certain report of the City Building Inspector
of the City of Gilroy dated the 20 day of August 1956, and that the follow-
ing described easement, and the whole thereof, is necessary for the purposes
of constructing and maintaining wires, poles and conduits, constituting part
of the said street lighting system, and that the proposed improvement is
located in a manner that will be most compatible with the greatest public
good and the least private injury; said easement hereinbefore referred to
is a right of way over, on, across and through one contiguous tract of land,
and the right to use the same for the construction and placing of electric
light poles and wiring and conduits and other equipment and paraphernalia
for the street light system abovementioned and the maintenance thereof, which
said tract of land is situated in the City of Gilroy, County of Santa Clara,
State of California, and is more particularly described as follows:
A strip of land of uniform width of four (4) feet, the c~nter line
of which consists and is the line dividing Lot 74 and 75 as shown
upon that certain map designated as Tract 239, Renz addition to
the City of Gilroy, filed of record in the Office of the County
Recorder of the County of Santa Clara.
BE IT FURTHER RESOLVED:
That the City attorney for the City of Gilroy be and he is hereby
empowered and authorized to institute suit in eminent domain in the Superior
Court of the State of California in and for the County of Santa Clara against
Harold C. Crow, Gwendolyn Crow, Ernest Hazelrigg and Mary D. Hazelrigg, and
any and all other persons who have or claim any interest in the above described
property, for the purpose of condemning, as provided by law, the hereinabove
described property, and the whole thereof, and all the right, title and
interest of any parties therein, in order that the said City of Gilroy may
acquire said easement over. on across and through said property for the
uses and purposes aforesaid. and that the Mayor and/or City Clerk of the
City of Gilroy and other employees and officers of the City of Gilroy be.
and each of them is hereby, authorized, empowered and directed to verify
such pleadings and make such affidavits as to facts within their knowledge,
requisite to be done in connection with the institution and prosecution
of said suit in eminent domain, and that the said Mayor and City Clerk are
hereby authorized, empowered and directed to draw such warrants in such
amounts as may be required by said Court, in order that said City of Gilroy
may deposit such money in said Court, and may then take immediate possession
of said lands hereinabove described, for the uses and purposes hereinabove
set forth, in accordance with the provisions of Article 1, Section 14, of
the Constitution of the State of California.
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PASSED and ADOPTED the 17th day of June, 1957, by the vo11owing vote.
AYES: Councilmen Pate,Sanchez,Gallo,Petersen,Rush.
Wentworth
NOES: Councilmen None
ABSENT: Councilmen None.
"
Mayor
ATTEST:
(j ~ .0JY
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City Clerk :