Resolution 1160
RESOLUTION NO. ] 160
RESOLUTI ON OF THE COUNCIL OF THE CITY OF GILROY
DECLARING PUBLIC NECESSITY FOR ACQUISITION OF AN
EASEMENT IN REAL PROPERTY FOR UTILITIES AND AUTH-
ORIZING THE CITY ATTORNEY OF THE CITY OF GILROY
TO INSTITUTE PROCEEDINGS IN EMINENT DOMAIN
BE IT RESOLVED that the Council of the City of Gilroy does
hereby expressly find and determine that the public interest and
necessity requires the laying, construction, installation and
maintenance of an underground sanitary sewer line for the purpose
of transporting and moving sewerage of the City of Gilroy to the
sewer farm property of the said City and that the following des-
cribed easement and the whole thereof is necessary for the said
purpose of constructing, installing and maintaining the saidffini-
tary sewer line and that the proposed improvement is located in a
manner that will be most compatible with the greatest public good
and the least private injury; said easement hereinbefore referred
to is a permanent right of way over, on,across and through one con-
tiguous tract of land, and the right ill use the same for the construc-
tion, laying, installation and maintenance of said underground sewer
line forming a portion or link in a pipe line running or extending
from Kern Avenue
to the aforesaid sewer farm premises
belonging to the said City of Gilroy to be used for the purpose afore-
said and for other public utility lines, which tract of land is situ-
ated in the said City of Gilroy and is more particularly described as
follows:
BEING a portion of Lot 20 as shown on "Map of Henry Miller's
Subdivision of Ranch Lot No. 23" as shown on map thereof filed
for Record in Book "H" of Maps at page 5, Records of Santa
Clara County, California, the centerline of which is more
particularly described as follows:
"BEGINNING at a point in the easterly line of Kern Avenue
(shown as Avenue K on said Map), distant thereon S. 10 00'
w. 158.02 feet from the intersection thereof with the
northerly line of Lot 20, and running thence S. 870 18'
28" E. 513.40 feet,more or less, to a point in the easterly
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line of that certain Parcel of land mnveyed to the
Air-O-Fan Products Corporation by Deed recorded in
the Office of the Recorder of Santa Clara County,
File No. 87901, distant thereon S. 10 04' 30" w.
173.18 feet from the northeasterly corner of said
Parcel; also a temporary easement to better enable
the City of Gilroy to lay and construct the afore-
said sewer line and other public utility lines over
and in a strip of land 15 feet in width, the southerly
line of which is the northerly line of the above des-
cribed easement and extending the full length thereof."
BE IT FURTHER RESOLVED:
That the City Attorney for the City of Gilroy be and he is
hereby empowered and authorized to institute suit in eminent domain
in the Superior Court of the State of California in and for the
County of Santa Clara against AIR-O-FAN PRODUCTS CORPORATION, a
California corporation, and any and all other persons who have or
claim any interest in the above described property, for the purpose
of condemningr as provided by law, the hereinabove described property,
and the whole thereof, and all the right, title and interest of any
parties therein, in order that the said City of Gilroy may acquire
said easement over, on, across and through said property for the
uses and purposes aforesaid, and that the Mayor and/or City Clerk of
fue City of Gilroy and other employees and officers of the City of
Gilroy be, and each of them is hereby, authorized, empowered and
directed to verify such pleadings and make such affidavits as to facts
within their knowledge, requisite to be done in connection with the
institution and prosecution of said suit in eminent domain, and that
the said Mayor and City Clerk are hereby authorized, empowered and
directed to draw such warrants in such amounts as may be required by
said Court, in order that said City of Gilroy may deposit such money
in said Court, and may then take immediate possession of said lands
hereinabove described, for the uses and purposes hereinabove set
forth, in accordance with the provisions of Article I, Section 14,
of the Constitution of the State of California.
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PASSED AND ADOPTED this 6th day of November, 1967, by the
following vote:
AYES: COUNCILMEMBERS: A I I emand, Duff i n ,Kennedy ,J r. ,Quart i rol i ,S i 1 va,
Wentworth, and Goodrich.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
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Mayor
ATTEST:
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City
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Clerk /
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I,
SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution
No. ]]60 is an original resolution, duly adopted by
the Council of the City of Gilroy at a regular meeting
of said Council held on the
6th
day of November
._,
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
<Hh day of November
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City Clerk of the Ci Gilroy
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