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Resolution 1757 - 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 .. . ;.' 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: ~~ Mayor ATTEST: (2 . e'L-X'L~ /~_. C1er " I - 2 - 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 .. ,"