Resolution 1331
RESOLUTION NO. 1331
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 21.869 ACRES 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:
BEING a portion of Ranch Lot 25 as shown on 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 being more
particularly described as follows:
"BEGINNING at a point in the line common to Ranch
Lots 24 and 25 distant thereon N. 89024'30"E.
136.45 feet from the corner common to Ranch Lots 23
and 24 as shown on said Map, said point of beginning
being also the southwesterly corner of that certain
parcel of land conveyed to Lola Tovar by deed dated
June 13, 1946 and Recorded in Volume 1477 at page 562,
Official Records of Santa Clara County, and running
thence along the line common to Ranch Lots 24 and
25 N.89024'30"E. 1445.74 feet to the southwesterly
corner of the certain parcel of land described in
the Deed to Jesus and Jessie Razura, husband and
wife, recorded May 25, 1961 in Volume 5178 at
page 504, Official Records of Santa Clara County;
thence along the westerly line of said Parcel
N.lo32'W. 463.56 feet to the northwesterly corner
thereof in the southerly line of that certain Parcel
/ '7 --~? j
.-:) , '5 /
of land described in the Deed to George T. Duffin
and Helen Duffin, his wife, recorded February 4,
1966 in Volume 7271 of Official Records at r.age 330;
thence along said southerly line S.88030'50'W. 151.56
feet; thence N.4l023'40"W. 285.29 feet; thence along
a curve to the left with a radius of 300.00 feet
through a central angle of 24014'55", for a distance
of 126.97 feet to a point in the northerly line of
said Parcel conveyed to Duffin distant thereon
N.88030'50"E.7.96 feet from the northwesterly corner
thereof; thence along a continuation of the last
described curve through an additional central angle
of 25050'35" for a distance of 135.31 feet; thence
along a line that is 30.00 feet distant northerly at
right angles from the southerly line of that certain
parcel of land described in the deed to Jean Roman
recorded December 19, 1963 in Volume 6315 of Official
Records at page 660 S.88030'50"W. 299.82 feet to a
point in the westerly line of said Parcel conveyed
to Roman 30.00 feet northerly from the southwesterly
corner thereof; thence continuing along a line that
is 30.00 feet distant at right angles northerly
from the northerly line of that certain parcel of
land described in the Deed to E. H. and Charles Ball
recorded November 27, 1950 in Volume 2102 of
Official Records at page 308 S.88030'50"W. 345.05
feet; thence S.0042'E. 30.00 feet to the northwesterly
corner of said Parcel conveyed to Ball; thence along
the westerly line of said Parcel S.0042'E. 296.40
feet to the southwesterly corner thereof; thence
along the southerly line of that certain parcel of
land described in the deed to Joseph G. McCormick
et ux, recorded in Volume 5789 of Official Records at
page 512 S.88030'50"W. 231.45 feet to the northwesterly
corner of that certain parcel of land conveyed to
Tovar first above referred to; thence along the
wes terly line of said Parce 1 S. 10 32"E. 441. 00 feet
to the point of beginning, and
CONTAINING THEREIN 21. 869 acres." $/"J
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
construction, 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
-2-
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 15th day of April, 1969, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, KENNEDY, PATE, SILVA,
'~NTWORTH, GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: DUFFIN
APPROVED:
7U7~PdA~-L-~
Mayor
ATTEST:
-3-
I, SUSANNE E. STEI~IETZJ City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.
1331
i s an ori g i na 1
resolution, duly adopted by the Council of the City of Gilroy at a
adjourned
regular/meeting of said Council held on the 15th day of April
, 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
18th day of Apri 1
, 19 69.
,
;' & (e'--'"
~I- . .
(/// /1, 1 ) , , "
/ ,'t.;. c!'~vkU'. f!..1./tf,.VI'/.."..l"J
,C i ty Clerk of the CI ty of GI1 roy