Resolution 1531
RESOLUTION NO. 1531
A RESOLUTION DETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUI-
SITION OF CERTAIN LAND AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS AND
APPOINTING SPECIAL COUNSEL
TENTH STREET IMPROVEMENT PROJECT
RESOLVED, by the City Council of the City of Gilroy, County of
Santa Clara, California, that
WHEREAS, it is the intention of this City Council to construct
and maintain certain public improvements as hereinafter stated in and
on the land hereinafter described;
NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED as follows:
1. That the public interest and necessity require the acquisi-
tion, construction and completion of street and street improvements,
public utilities, and work auxiliary thereto, in, over, across and upon
the parcels of land more particularly described in Exhibit "Art, attached
hereto and by this reference made a part hereof, within said City, and
the taking of the fee simple title in and to said parcels of land is
necessary therefor.
2. That said proposed acquisitions and improvements are planned
and located in the manner which will be most compatible with the great-
est public good and the least private injury, and all of said acquisi-
tions are situate within the City of Gilroy, County of Santa Clara,
State of California.
3. That the law firm of Wilson, Jones, Morton & Lynch and
Bruce M. Jacobs, City Attorney o~ the City o~ Gilroy, be and they are
hereby directed to institute and conduct to conclusion an action in
eminent domain for the acquisition of the estates and interests afore-
said and to take such action as is necessary therein, and said law firm
of Wilson, Jones, Morton & Lynch shall be paid a reasonable fee therefor.
/6-.$ /
4. That an Order for Immediate Possession and Use be obtained
in said action, and that a warrant be issued to the County Clerk,
Santa Clara County, California, in the amount determined by the Court
to be so deposited, as a condition to the right of immediate possession.
* * * * * * * * * * * *
I hereby certify that the foregoing is a full, true and correct
copy of the resolution duly and regularly passed and adopted by the
City Council of the City of Gilroy at a regular meeting thereof held
on the 16th day of November, 1970, by the following vote of the members
thereof:
AYES, and in favor thereof, Councilmembers: Batrez, Duffin, Kennedy,
Pate, Silva, Wentworth, and Goodrich
NOES, Councilmembers: None
ABSENT, Councilme~~er5' None
Q)2uJ4~' .
City Clerk of the
Gilroy
APPROVED:
J# ~- i;:f
~(~~~~ .
Mayor of the City of Gilroy
-2-
ACQUISITION DESCRIPTIONS
OF PARCELS WITHIN
RIGHT OF WAY
TENTH STREET IMPROVEMENT DISTRICT
PROJECT NO. 1970- 4
PARCEL I
BEING a portion of Sublot XXIII of the Las Animas Rancho,
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for ,Partition 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, and more particularly described
as follows:
"BEGINNING at the intersection of the Southwest-
erly line of Tenth Street with the Southeasterly
prolongation of the Northeasterly line of Eigle-
berry Street as shown on said Map and running
thence along said southwesterly line of Tenth
Street, N.70oE. 158.05 feet; thence S.20oE.
26.00 feet to the most westerly corner of that
0.477 acre parcel of land converted by Bonanza
Inc., a corporation, to Douglas Oil Co. of
California, by deed dated March 7, 1961 and
recorded in Book 5095 at page 95, Official Records
of Santa Clara County; thence along a line
parallel with said southwesterly line of Tenth
Street S.70oW. 158.05 to an intersection with the
prolongation southeasterly of the northeasterly
line of Eigleberry Street; thence along said line
N.20.W. 26.00 feet to the point of beginning".
PARCEL 2
BEING a portion of Sub lot XXIV of the Las Animas Rancho
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for Partition of
Henry Miller, et aI, vs. Massey, Thomas, et aI, in the
Superior Court of the State of Califrnia,in and for the
County of Santa Clara, and being more particularly
described as follows:
"BEGINNING at the intersection of the southeast-
erly line of Tenth Street with the prolonged
southwesterly line of Eigleberry Street, as shown
on said Map, and running thence along said south-
easterly line of Tenth Street N.70oE. 75.00 feet;
thence S.20oE. 26.00 feet; thence along a line
parallel with the southeasterly line of Tenth Street,
S.70oW. 75.00 feet; thence N.20oE. 26.00 feet to
the point of beginning."
..
PARCEL 3
BEING a portion of Sub lot XXIV of the Las Animas Rancho
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for Partition of
Henry Miller, et al, vs. Massey Thomas, et ai, in the
Superior Court of the State of California,in and for the
County of Santa Clara, and being more particularly
described as follows:
"BEGINNING at the intersection of the prolonged
southwesterly line of Eigleberry Street with
the southeasterly line of Tenth Street as shown
on said Map, and running thence along said south-
easterly line of Tenth Street, S.70~. 82.00 feet;
thence S.20oE. 16.00 feet; thence N.76057'10"E.
82.61 feet; thence N.20~. 26.00 feet to the
point of beginning."
, ,
PARCEL 4
BEING a portion of Sub lot XXIV of the Las Animas Rancho
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for Partition of
~nry Miller, et al, vs. Massey Thomas, et a1, in the
~perior Court of the State of California, in and for
the County of Santa Clara, and being more particularly
described as follows:
'~EGINNING at a point in the southeasterly line
of Tenth Street distant thereon S.70oW. 82.00 feet
from the intersection thereof with the prolonged
southwesterly line of Eig1eberry Street, as shown
on said Map No.8, said point being also the
northeasterly corner of that certain parcel of
land of Assunta Masini as described in the Decree
of Distribution dated October 22, 1962 and recorded
October 29, 1962 in Book 5771 at page 474, Official
Records of Santa Clara County and running thence
along the southeasterly line of Tenth Street,
S.70oW. 75.00 feet to the most westerly corner of
said lands of Masini; thence S.20oE. 16.00 feet;
thence parallel with Tenth Street along the south-
westerly line thereof N.70oE. 75.00 feet to the
northeasterly line of said lands of Assunta Masini;
thence along said northeasterly line N.20OW.
16.00 feet to the point of beginning".
PARCEL 5
BEING a portion of Sub lot XXIV of the Las Animas Rancho
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for Partition of
Henry Miller, et al, vs. Massey Thomas, et al, in the
Superior Court of the State of California, in and for the
County of Santa Clara, and being more particularly
described as follows:
"BEGINNING at a point in the southeasterly line of
Tenth Street at the intersection thereof with the
prolonged northeasterly line of Church Street, as
shown on said Map No.8, and running thence along
the southeasterly line of Tenth Street, N.70oE.
143.04 feet to the nor~heasterly corner of lands
deeded to James Sacco and Ruth E. Sacco, his wife,
by deed~ated July 22, 1968 and recorded in Book
8198 at page 157, Official Records of Santa Clara
County; thence along the northeasterly line thereof
S.20oE. 16.00 feet; thence along a line parallel
with Tenth Street, S.70oW. 133.04 feet; thence along
a curve to the left, from a tangent bearing of
S.70oW. having a radius of 10.00 feet and a central
angle of 900, a distance of 15.70 feet to a point
in the northeasterly line of that certain parcel of
land conveyed to the City of Gilroy by Deed from
George I. Kishimura, recorded December 30, 1963 in
Book 6326 at page 108, Official Records of Santa
Clara County; thence along said northeasterly line
N.20oW. 26.00 feet to the point of beginning".
\....
PARCEL 6
BEING a portion of Sub lot XXV of the Las Animas Rancho
as said Lot is shown on Map No. 8 accompanying the Final
Report of the Referees in the Action for Partition 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, and being more particularly
described as follows:
"BEGINNING at a point in the southeasterly line of
Tenth Street distant thereon S.70oW. 172.57 feet
from the intersection thereof with the southeasterly
prolongation of the centerline of Church Street,
being the most westerly corner of lands designated
as Siqueiros, et UX, on a Record of Survey Map
recorded in Book 129 of Maps at page 24, Records
of Santa Clara County, and running thence along the
southeasterly line of Tenth Street, N.70oE.
87.50 feet to the most northerly corner of said
lands of Siqueiros; thence along the northeasterly
line thereof, S.20~6.00 feet; thence along a line
parallel with Tenth Street, S.70oW. 87~50 feet to
the southwesterly line thereof; thence along said
southwesterly line, N.20oW. 29.00 feet to the point
of beginning".