Resolution 1757
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RESOLUTION NO. 1757
A RESOLUTION DETERMINING AND DECIARING THAT THE
PUBLIC INTEREST, CONVENIENCE, AND NECESSITY OF
THE CITY OF GILROY REQUIRE THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF A PUBLIC SEWER
AND APPURTENANCES THERETO ACROSS PORTIONS OF
REAL PROPERTY HEREINAFTER DESCRIBED; ALL WITHIN
THE COUNTY OF SANTA CIARA, STATE OF CALIFORNIA;
AND THAT THE PUBLIC INTEREST, CONVENIENCE, AND
NECESSITY DEMAND THE ACQUISITION OF CERLAIN REAL
PROPERTY TOGETHER WITH THE PRIVILEGE AND RIGHT OF
TEMPORARY USE OF AN ADJACENT WORKING AREA TO BE
USED BY THE CITY FOR THE CONSTRUCTION OF SAID
PUBLIC SEWER 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, FOR THE COUNTY OF SANTA ClARA, FOR
THE PURPOSE OF ACQUIRING SAID REAL PROPERTY,
TOGETHER WITH THE PRIVILEGE AND RIGHT OF TEMPORARY
USE OF AN ADJACENT WORKING AREA
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 con-
struction, operation, and maintenance of a public sewer and appur-
tenances thereto across the following property:
All that real property situate in the County of
Santa Clara, State of California described as
follows:
A strip of land 5 feet in width the centerline
of which is described as follows:
BEGINNING at the most easterly corner of that
certain parcel of land of Garcia et ux as shown
on a Record of Survey Map filed for Record in the
Office of the County Recorder of Santa Clara County,
California, in Book 129 of Maps at page 24 therein;
Thence N 700 00' 40" E, 17.00 feet to the TRUE POINT
OF BEGINNING;
Thence S 20. E 20.00 feet more or less to the point
of intersection with that certain easement granted
to the City of Gilroy from Bonanza Inc., recorded as
Parcel 111, filed for Record in the Office of the
said County Recorder in Book 5303 of Official Records
at page 175 therein.
Section 2. The public interest, convenience, and necessity
of said city and the inhabitants thereof demand the acquisition and
RESOLUTION NO. 1757
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taking of the hereinabove described real property for the construc-
tion, operation, and maintenance of said public sewer and appur-
tenances thereto on said property, together with the privilege and
right of temporary use of an adjacent working area.
Section 3. The taking and acquiring by said city of the
property hereinbefore described is deemed necessary for the con-
struction, operation, and maintenance of said public sewer 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 that the City of Gilroy condemn
and acquire said property; said property is to be used for the con-
struction, operation, and maintenance of said public sewer 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, 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 6th day of August, 1973, by the
following vote:
AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, PATE
and GOODRICH
NOES: COUNCILMEMBERS: STOUT
ABSENT: COUNCILMEMBERS: SILVA
APPROVED:
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Mayor
ATTEST:
(2 . e'L-X'L~ /~_.
C1er
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RESOLUTION NO. 1757
ELAINE C. CODIGA, Deputy
I. $~$~~/~k/$1~A~~1l, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1757
is an original'
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 20th day of AUQust
, 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 23rd day of August
. 19..l.l.
Deputy
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