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