Resolution 1161
RESOLUTION NO. 1161
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
DECLARING PUBLIC NECESSITY FOR ACQUISITION OF A
TEMPORARY EASEMENT OVER A PERIOD OF THREE YEARS
WITH AN OPTION OF TWO ADDITIONAL YEARS IN REAL
PROPERTY TO BE USED TO CONTAIN STORM DRAINAGE
WATERS AND RUN SAID WATERS TO A NATURAL AND HIS-
ToRICAL WATER COURSE BY USE OF AN EXCAVATED DITCH
WITHIN THE EASEMENT AREA, AND AUTHORIZING THE CITY
ATTORNEY FOR THE CITY OF GILROY TO INSTITUTE PRO-
CEEDINGS 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 construction and maintenance of a ditch for the purpose of con-
taining and running storm drain waters to a natural and historical
water course and that the following described easement and the whole
thereof is necessary for the said purpose of constructing the said
ditch 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 and is to
be a temporary right-of-way for a period of three years with an option
for an additional two years, commencing with the 7th day of November,
1967, over, on across, and through one contiguous tract of land and
the right to use the same for the said period for the construction and
maintenance of said ditch for the purpose aforesaid and to be used for
said purpose, which tract of land in, over and on which the said ditch
is to be constructed and maintained is situated in the City of Gilroy
and is more particularly described as follows:
BEING a portion of Lot 29 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,
of a uniform width of 12 feet, the centerline of which
is more particularly described as follows:
"BEGINNING at a point in the westerly line of that
certain parcel of land conveyed to Andrew Fillippelli
by Decree of Distribution recorded in the Office of
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the Recorder of Santa Clara County, File No. 859188,
distant thereon S. 40 59' W., 201.48 feet from the
northwesterly corner thereof; thence S. 880 58' E.
6.01 feet to the True Point of Beginning:
THENCE along a line drawn parallel to and distant
6.00 feet easterly measured at right angles from said
westerly line N. 40 59' E., 195.47 feet more or less
to the point of intersection with a line drawn parallel
to and distant southerly 6.00 feet from the northerly
line of said parcel of land conveyed to Fillippelli;
THENCE along last said parallel line S. 880 58' E.,
150 feet."
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 ANDREW FILLIPPELLI and PETER FILLIPPELLI
and any and all other persons who have or claim any interest in the
above described property, for the purpose of condemning, 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 afore-
said, and that the Mayor and/or City Clerk of the 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 im-
mediate 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: All emand, Duff in, Kennedy, Jr. ,Qua rt i rol i ,
Silva,Wentworth, and Goodrich.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
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Mayor
ATTEST:
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City Clerk
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SUSANNE E. PAYNE
, City Clerk of the City of
Gi.lroy, do hereby certify that the attached Resolution
No. 1161 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
, 19-.iL.
gth
day of
November
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City Clerk of the Gilroy