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Resolution 1653 RESOLUTION NO. 1653 A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF GILROY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC LIBRARY WITH NECESSARY PARKING AND APPURTENANCES THERETO ON THE PARCELS OF LAND HEREINAFTER DESCRIBED, ALL WITHIN THE CITY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA; AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF CERTAIN REAL PROPERTY TO BE USED BY THE CITY FOR THE CONSTRUCTION OF SAID PUBLIC LIBRARY WITH NECESSARY PARKING 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, IN AND FOR THE COUNTY OF SANTA CLARA, FOR THE PURPOSE OF ACQUIRING SAID REAL PROPERTY. 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 construction, operation and maintenance of a public library with necessary parking and appurtenances thereto on the following property: PARCEL I All that certain real property in the City of Gilroy, County of Santa Clar~ State of California, described as follows~ Lot one (1) block one (1) South, range four (4) West, as re- presented in the official map of the City of Gilroy more particularly described as follows~ BEGINNING at the Southwest corner of Sixth and Rosanna Streets and running thence along the West line of Rosanna Street South- erly 120.20 Feet; thence Westerly 140.00 feet to the East line of an alley; thence Northerly along the East line of the alley 120.20 feet to the South line of Sixth Street; thence along the South line of Sixth Street 140.00 feet to the point of beginning. PARCEL II All that certain real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: BEGINNING at a point on the Westerly line of Rosanna Street distant thereon 190.20 feet Southerly of the point of inter- section thereof with the Southerly line of Sixth Street; thence Southerly along said line of Rosanna Street, 70.30 feet; thence Westerly and parallel with said line of Sixth Street 140.00 feet RESOLUTION NO. 1653 to the Easterly line of an alley; thence Northerly along said line of said alley and parallel with said line of Rosanna Street, 70.30 feet; thence Easterly and parallel with said line of Sixth Street, 140.00 feet to the point of beginning and being all of Lot 3 in block 1 South, range 4 West of the City of Gilroy, as shown upon Map No.5, accompanying the report of the referees in the partition suit of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California, in and for the County of Santa Clara. PARCEL III All that certain real property in the City of Gilroy, County of Santa Clara, State of California, described as follows~ Portion of Lot 8, in Block 1 South, Range 4 West, as shown upon Map No.5, accompanying report of the commissioners in Henry Miller, et aI, plaintiffs, vs. Massey Thomas, et aI, defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, case number 5536, and more particularly described as follows~ Commencing at the point of interesection of the Southerly line of Sixth Street with the Easterly line of Hanna Street; and Running thence in a Southerly direction along the Easterly line of Hanna Street 121.10 feet; thence at right angles in an Easterly direction 70 feet; thence at right angles in a Northerly direction and parallel with the Easterly line of Hanna Street 121.10 feet to the Southerly line of Sixth Street; and thence along the said Southerly line of Sixth Street in a Westerly direction to the point of commencement. PARCEL IV All that certain real property in the City of Gilroy, County of Santa Clara, State of California, described as follows~ Portion of Lot 10, in Block 1 South, Range 4 West, as shown on Map No. 5 accompanying report of the commissioners in Henry Miller, et aI, plaintiffs, vs. Massey Thomas, et aI, defendants in the Superior Court of the State of California, in and for the County of Santa Clara, Case Number 5536, and more particularly described as follows: BEGINNING at a point on the Northeastern line of Hanna Street, distant thereon Northwesterly 293.60 feet from the point of intersection of said line of Hanna Street with the Northwestern line of Seventh Street, as said streets are shown upon the map above referred to; thence running Northwesterly and along the Northeastern line of Hanna Street, 65.30 feet to the dividing line between Lots 9 and 10 in Block 1 South, Range 4 West, as shown on the above map; thence running Northeasterly along the dividing line between Lots 9 and 10, 140 feet to the Southwestern line of a 20 foot alley, as shown on said map; thence running Southeasterly along the Southwestern line of said 20 foot alley, 65.30 feet, thence Southwesterly and parallel with the North- western line of Seventh Street, 140 feet to the point of beginn- ing. Vt:l DC. RESOLUTION NO. 1653 -2- Section 2. The public interest, convenience and necessity of said city and the inhabitants thereof demand the acquisition and taking of the herein described real property for the con- struction, operation and maintenance of said public library with necessary parking and appurtenances thereto on said property. Section 3. The taking and acquiring by said city of the property hereinbefore described is deemed necessary for the construction, operation and maintenance of said public library with necessary parking 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 construction, operation and main- tenance of said public library with necessary parking and appur- tenances 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, in and 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, for the purpose of condemning and acquiring said property for the use of said city. PASSED AND ADOPTED this 15th day of May, 1972, by the following vote~ NOES~ ABSENT: COUNCILMEMBERS~ BATREZ, DUFFIN, HUGHAN, PATE, STOUT and GOODRICH COUNCILMEMBERS: NONE COUNCILMEMBERS: SILVA ~~OVED: - /7P~~~~1/ Mayor AYES: ATTEST~ ~r--- /~jlt ~6rn!i / .~. 612: t lid'''':F . C1ty Clerk . RESOLUTION NO. 1653 -3- I, SUSANNE E. STEf~IETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1653 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of May . 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 , 197!.-. (lj2tJmu.' b Jt;;;;C/;- ..City Clerk of the City of Gi Iroy " , 1 7 t h day of Ma y