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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 - 1 - ,/ .I 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. - 2 - 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: " '- ,,; "'~ ~. .. .,.:..'" ~~, '\.. / '- ~ ,', '" J '-- c\., \", -- y-< "c,"""C f. 1. - 'C. -c' v - I Mayor ATTEST: ) City Clerk ( (:-; , ( / Lc'd I /i h / ), I J" ' _, C . ~ i..- / ,/ - 3 - I, 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 . ) f. I" ,/ \ / l.l:'. . (.f...... - ./;' ,J. ) City Clerk of the Gilroy