Resolution 1053
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632
RESOLUTION NO. 1053
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
LAND AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
NORTH CHURCH STREET EXTENSION-PROJECT 1966-1
RESOLVED, by the City Council of the City of Gilroy,
County of Santa Clara, that,
WHEREAS, it is the intention of this City Council to
construct and maintain roadways and public utilities in and on
the land hereinafter described,
NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED
as follows:
1. That the public interest and necessiry require the
acquisition, construction and completion of public roadways
and public utilities and work auxiliary thereto, in, over, across
and upon the parcels of land more particularly described in
Exhibit "A", attached hereto and by this reference made a part
hereof, within said City of Gilroy, and the taking of the
fee simple title in and to said parcels of land for roadways
and public utility purposes is necessary for said improvements.
2. That said proposed acquisitions and improvements are
planned and located in the manner which will be most compatible
with the greatest public good and the least private injury, and
all of said acquiation is situated within the City of Gilroy,
County of Santa Clara, State of California.
3. That the law firm of Wilson, Jones, Morton & Lynch,
who are attorneys for said City of Gilroy, be, and they are
hereby directed to institute and conduct to conclusion an action
in eminent domain for the acquisition of the said parcels of land
for the improvements as aforesaid, and to take such action as is
necessary therein, and said law firm of Wilson, Jones, Morton &
Lynnh shall be paid a reasonable fee therefor.
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4. That an Order for Immediate Possession and Use be
obtained in said action, and that a warrant be issued to the
County Clerk, Santa Clara County, California, in the amount
determined by the Court to be so deposited, as a condition to
the right of immediate possession.
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I hereby certify that the foregoing is a full, true
and correct copy of the resolution duly and regularly passed
and adopted by the' City Council of the City of Gilroy at a
regular meeting thereof held on the 1st day of August
1966, by the following vote:
,
AYES, and in favor thereof, Councilnle1lb~rs: Allemand,Duffin,
Eckard, Wentworth, and Petersen.
NOES, Counc ilJleliil1ers: None
APPROVED.:.... ....j;;?/.)
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ABSENT, Counc ilfll...wrs: Goodr i ch ? d Qua rt i ro; i . )
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City Clerk of the Citi of Gilr0Y
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"EXH I B IT A"
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CITY OF GILROY
NORTH CHURCH STREET EXTENSION
Project No. 1966-1
LEGAL DESCRIPTION OF RIG:-!': OF \;,;.'! ACQUISITION PARCEL A:
BEING a portion of Sub L,,"--3' .::; ,,~-.own on Map No. 8 accompanying
the Final Report ofc:he l:'E _..; :':".-. '~he ".:...:- ..r~imas Rancho Partition
Suit, Action No. 5536 h.::..:.. __, C.2 S-c::}erio:: ':"'_,~::t of the State of
California, in and for the County of Santa Clara, and being more
particularly described as follows:
"BEGINNING at the southeasterly corner of that certain
parcel of land conveyed to Refugia Gomez by Deed recorded
July 15, 1943 in Book 1147 of Official Records at page
562 and running thence along the northeasterly line
thereof N.2lo24'08"W. 299.65 feet to the northeasterly
corner of said parcel; thence along the northwesterly
line 0:: said parcel. S.70002'40'''hT. 39.55 feet; thence
S.20040i20"E. 299.61 feet to a point in the southeast-
erly line of said parcel, being also the northwesterly
line of Welburn Avenue; thence along said northwesterly
line of Welburn Avenue N.70000'E. 43.37 feet to the
point of beginning, and
CONTAINI:xIG THERE::N 0.2851 acres ".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL B:
BEING a portion of Ranch Lot 24 as shown on Map No. 7 accomp-
anying the Final Report of the ~eferces in the Las Animas
Rancho Partition Suit, Ac::.:~c~'1 1~;J. 5536 had in the Superior
Court of the State of C.::::. '~~:::n:.c_; i~1 and for the County of
Santa Clara, :-,. being -::,~ _ -.; )8-:: __ci.ll.::-::ly described as follows:
IlBEGINNI.l\G at a po:.'.-...:: ::'~1 t:-:e soutbeas terly line of
Ranch Lot 24 at the most southerly corner of Parcel
1\-70 as described in the Deed to Manuel Sanches and
Rose E. Sanches, his wife, recorded July 15, 1944
in Book 1213 of Official Records at page 54, and
running thence along the southeasterly line of Ranch
Lot 24 S.70002'40'~. 39.55 feet; thence N.20040'20'~.
178.88 feet; thence along a curve to the left with
a radius of 462.50 feet, t~~ough a central angle of
13046' 54", for a distance ..:: Ill. 25 feet to a point
in the line common to Ranch Lots 24 and 25; thence
along said common Ranch Lot Line N.89027'30"E.
54. .12 feet to the most wes-::erly corner of said Parcel
1\070 conveyed to Sanches; thence along the southwesterly
line of said Parcel Two S.2lo06'20"E. 270.93 feet to
the point of beginning, and
CONTAINING THEREIN 0.2555 acre".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL C:
BEING a portion of Las Animas
No. 7 accompanying the Final ~
"Las Animas Rancho Partition Suo
Superior Court of the State of
County of Santa Clara, and bei'.
as follows:
,~h Lot 25 as shown on Map
rt of the Referees in the
Action No. 5536 had in the
.fornia, in and for the
Jre particularly described
"BEGINNING at a point in the line common to Las Animas
Ranch Lots' 24 and 25 as shown on said Map, being the
most westerly corner of that certain Parcel of land
described as Parcel Two in the Deed to Manuel Sanches
and Rose E. Sanches, his wife, recorded July 15, 1944
in Book 1213 of Official Records at page 54, and runn-
ing thence along the line common to Ranch Lots 24 and
25 S.89027'30"W. 54.12 feet; thence northwesterly along
a curve to the left, from a tangent bearing of
N. .34027'14"\~., ~vith a radius cf 462.50 feet, through
a central angle of 6058'16", for a distance of 56.27
feet; thence N.4l025'30"W. 66.30 feet to a point in the
northwesterly line of that certain p~~cel of land con-
veyed to Italo Canepa and Elena Canepa, his wife, by
Deed recorded July 29, 1963, in Book 6123 of Official
Records at page 741, from ~vhich the northwesterly corner
of said parcel bears S.89054'10"W. 276.04 feet; thence
along the northwesterly line of said parcel conveyed to
Canepa N.89054'10"E. 100.18 feet; thence southeasterly
along a curve to the right with a radius of 537.50 feet
from a tangent bearing of S.4lo24'49"E., through a
central angle of 12010'55" for a distance of 114.28 feet
to a point in the line common to Ranch Lots 24 and 25;
thence along said common line S.89027'30'W. 33.56 feet to
the point of beginning, and
CONTAINING THEREIN 0.2043 acres".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL D:
BEING a portion of Las Animas
accompanying the Final Repo~
Rancho Partition Suit, Actic
of the State of California,
and being more particularly
~anch Lot 25 as shmvn on Map No.7
-~ the Referees in the Las Animas
~. 5536 had in the Superior Court
:.nd fo:.:: "':le County of Santa Clara,
..' c::cibed [" follows:
"BEGINNING at the most westerly cor~er of that certain
parcel of land conveyed to Gloria V. Frisone by Deed
recorded October 30, 1962 in Book 57}3 of Official
Records at page 250, and running thence along the
northwesterly line of said Parcel N.88029'E. 414.39
feet; thence leaving said line S.22054'10IlE. 53.70 feet;
thence parallel with the northwesterly line of said
Parcel S.88029'W.232.46 feet; thence along a curve to
the left with a radius of 120 feet through a central
angle of 16040'36", for a distance of 34.93 feet;
thence continuing along a tangent curve to the left,
\vith a radius of 30.00 feet and a central angle of
113013'54", for a distance of 59.29 feet; thence
S.48034'30'"i\'. 5.50 feet; thence S.4l025'30"E. 354.66
feet; thence along a tangent curve to the right with
a radius of 537.50 feet and a central angle of 0000'41"
for a distance of 0.11 feet to a point in the south
easterly line of said Parcel conveyed to Gloria V.
frisone; thence along said southeasterly line
S.89054'10"W. 100.18 feet to a point from which the
most southerly corner of said parcel bears S.89054'10"W.
276.04 feet; thence N.4l025'301~. 430.10 feet to a
point in the southwesterly line of said Parcel; thence
along said southwesterly line N. 1031'W. 45.95 feet to
the point of beginning, and
CONTAINING THEREIN 1.257 acres".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL E:
BEING a portion of Las Animas R':.r:.ch 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 hac in the Superior Court
of the State of Californi[~, in and for thc:mnty of Santa Clara,
and being more particular:" described as i, ,"-ows:
"BEGINNING at the most northerly corner of that
certain parcel of land conveyed to the Apostolic
Assembly of the Faith in Christ Jesus, Inc., by
deed. recorded December 11, 1947 in Book 1453 of
Official Records at page 287~ and running thence
along the northeasterly line of said Parcel
S.103l'E. 45.95 feet; thence N.4l025'30"W.
59.90 feet to a point in ~he northwesterly line
of said parcel; thence along said northwesterly
line N.88029'E. 38.43 feet to the point of beginn-
ing, and
CONTAINING THEREIN 0.0203 acres".
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LEGAL DESCRIPTION OF ACQUISITION PARCELS F AND G:
BEING a portion of Ranch Lot 24 and Sub Lot 43 as shown on Maps
7 and 8 accompanying the Fil- 1.eport of the Referees in the Las
Animas Rancho Partition Suit~ion No. 5536 had in the Superior
Court of the State of Califo, . in and for th~ County of Santa
Clara, and being :nore particl.-y described as follows:
"BEGINNING at the most sOI...;.':~lerly corner of that
certain parcel of land described as Parcel One
in the deed to Manuel Sanches and Rose E. Sanches,
his wife, recorded July 15, 1944 in Book 1213 of
Official Records at page 54, and running thence
along the southeasterly line of Parcel One and the
northwesterly line of Welburn Avenue N.70000'E.
31.63 feet; thence N.20040'20"W. 479.39 feet;
thence along a curve to the left with a radius of
537.50 feet, through a central angle of 8033' 34 ",
for a distance of 80.30 feet to a point in the
northwesterly line of Parcel Two as described in
said deed in the line common to Ranch Lots 24 and
25; thence along northwesterly line of said Parcel
Two S.89027'30"W. 33.56 feet to the most westerly
corner thereof; thence along the southwesterly line
of said P-arcel Two S.2l006'20"E. 270.93 feet to the
most southerly corner thereof, being also the most
westerly corner of Parcel One as described in said
Deed; thence along the southwesterly line of Parcel
One S.2l024'08"E. 299.65 feet to the point of beginn-
ing, and
CONTAINING THEREIN 0.4482 acres".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL H:
BEING a portion of Ranch Lot 25 as shown on Map No. 7 accomp-
anying the Final Report of the Referees in the Las Animas
Rancho Partition Suit, Action:" 5536 had in the Superior
Court of the State of Califorr. ::'n and for the County of
Santa Clara, and being more pf. llarly described as follows:
"BEGINNING 'at a point in 'i::~_.3 southeasterly line of
that ce-rtain parcel of land conveyed to George T.
Duffin and Helen R. Duffin, his wife, by Deed
recorded February 4, 1966 in Book 7271 of Official
Records at page 330, distant thereon N.88029'E.
600.28 feet from the most southerly corner thereof,
and running thence N.41025'30IlW. 386.66 feet to a
point in the northwesterly line of said Parcel;
thence along said northwesterly line N.88033'E.
97.86 feet; thence S.4l025'30"E. 373.48 feet; thence
parallel with the southeasterly line of said Parcel
N.88029'E. 359.62 feet; thence S.22020'50"E.
10.70 feet to a point in said southeasterly line;
thence along said southeasterly line S.88029"W.
452.82 feet to the point of beginning, and
CO~'PfAINING THEREIN O. 7479 acres If.
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL J:
BEING a portion of Ranch Lot 25 as shown on Map No. 7 accomp-
anying 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 bein:::.;:>re particularly described as follows:
"BEGINNING at the most easterly COTner ~f the certAin
parcel of land conveyed to Je::m Roman by deed recorded
December 19, 1963 in Book 6315 of Official Records at
page 660, and running thence along the northeasterly
line of said Parcel N.4l025'30"W. 552.79 feet; thence
along a curve to the right with a radius of 462.50
feet through a central angle of 40001' 30~' for a distance
of 323.09 feet, thence N. l024'W. 30.94 feet to the
most northerly corner of said Parcel; thence along the
northerly line of said Parcel S. 88 031 ' 10 "hT. 75.00 feet;
thence S. 1024'E. 30.82 feet; thence along a curve to
the left with a radius 537.50 feet, through a central
angle of 40001'30", for a distance of 375.48 feet;
thence S.41025'30"E. 489.92 feet to a point in the
southerly line of said Parcel; thence along said south-
erly line N.88033'E. 97.86 feet to the point of beginn-
'ing, and .
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CONTAINING THERE.IN 1.5523 acres".
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LEGAL DESCRIPTION OF RIGHT OF WAY ACQUISITION PARCEL K:
BEING a portion of Lot 1 in Block 4 as shown on "Map of North
Gilroy Tract" filed for Record in Book "W" of Maps at pages '
14 and 15, Santa Clara County Records, and being more parti-
cularly described as follows:
IIBEGINNING at the intersecti.. of the centerline of
Carlyle Avenue with the cente~line of Ronan Avenue
as shown on said Map, and running thence southerly
along the centerline of Carlyle Avenue 100.00 feet to
the southeasterly corner of Lot 1 in Block 4; thence west-
~ly along the southerly line of said Lot 1 55.00 feet;
thence northerly parallel with the centerline of Carlyle
Avenue 100.00 feet to a point in the centerline of Ronan
Avenue; thence easterly along the centerline of Ronan
Avenue 55.00 feet to the point of beginning, and
CONTAINING THEREIN 0.0642 acre, net, exclusive of the
southerly half of Ronan Avenue and the westerly half
of Carlyle Avenue contained within the above description