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Resolution 1472 , RESOLUTION NO. 1472 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 PARK AND APPURTENANCES THERETO ON THE PARCEL 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 PARK 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 park and appurtenances thereto on the following property: All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows: BEING a part of Rancho Lot 25 as said Lot is shown upon Map No. 7 accompanying the final report of the referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and more particularly that part of said Lot described as follows: BEGINNING at a point in the Southerly line of the 20 acre tract conveyed to Peter Basarich by Deed recorded in the office of the County Recorder of Santa Clara County, California in Book 246 of Official Records, at page 137, distant thereon South 880 41' West 376.25 feet from the most Northwesterly corner of the 6.03 acre tract of land conveyed by Buehler to Cavin by deed recorded March 12, 1945 under said Recorder's Serial No. 339403, and running thence along the said Southerly line of said 20 acre tract South 880 41' West 95 feet to an iron pipe; thence South 10 24' East 150 feet; thence North 890 32' 30" East to a point Southerly 1024' East of the point of beginning, and thence North 10 24' West to the point of beginning. EXCEPTING THEREFROM that portion thereof lying within a right of way 50 feet wide, across the Northerly 50 feet of the premises hereinabove described. /47L 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 park 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 park 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 maintenance of said public park 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, 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 of condemning and acquiring said property for the use of said city. PASSED AND ADOPTED this 1st day of June, 1970, by the following vote: AYES: COUNCILMEMBERS: BATREZ, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: DUFFIN (-:--. i ) . ./ I , APPROVED: _ , 7;/h~~~,~~~~/" . Mayor ATTEST: j -2- ... ~. .. :'*'=. ,^" . .~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1472 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19~, at which meeting a quorum was present. 15 tday of June IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 197.52.. . I ' .~Juo&414W' - ~( " City Clerk of the City of G i I roy. 22nd day of June