Resolution 1346
RESOLUTION NO. 1346
A RESOLUTION DETERMINING AND DECLARING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF
THE CITY OF GIIROY 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
GIIROY, 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 GIIROY
TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN
PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY OF
THE CITY OF GIIROY 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 ACQUlRING 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:
BEGINNING at the Northwesterly corner of that certain
Parcel of land described in the deed from Duff Chevrolet
Co., a corporation, to George T. Duffin et ux, recorded
February 4, 1966 in Book 7271 Official Records page 330,
thence along the Northerly line of said Parcel N. 88036
East 201.96 feet to the point of intersection thereof
with the Westerly line of that certain Parcel of land
described in the deed from George T. Duffin et ux to
Apostolic Assembly of the Faith in Christ Jesus, Inc.,
a corporation recorded January 23, 1968 in Book 8003
Official Records page 195 thence South 01024' East
along the last mentioned westerly line and its South-
erly prolongation for a distance of 296.38 feet to a
point in the Southerly line of land so described in the
deed to George T. Duffin et ux;thence along the last said
line South 88036' West 201.96 feet to the Southwesterly
corner thereof; thence North 01$24' W. along the westerly
line of lands described in the deed to said Duffin for a
distance of 296.38 feet to the point of beginning.~h
I 3 +r;
-1-
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 in-
habitants 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 5th day of May, 1969, by the
following vote:
AYES~
COUNCILMEMBERS:
BATREZ, KENNEDY, PATE, SILVA,
WENTWORTH and GOODRICH
NOES ~
ABSENT~
COUNCILMEMBERS ~
COUNCILMEMBERS ~
DUFFIN
APPROVED:
)~.
Mayor. . ..
ATTEST~
./
(7j~Mmd ~. ~ re::::}
City C1er .
-2-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1346 is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci 1 held on the 5th 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 6th day of May
, 1 9 69 .