Resolution 943
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RESOLUTION NO.
943
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORI-
ZING THE l? URCHASE OF LAND UPON WHICH MILLER PARK IN THE
CITY OF GILROY IS LOCATED FROM THE TRUSTEES OF THE TRUST
CREATED BY THE WILL OF HENRY MILLER, AND TO PAY THEREFOR
THE SUM OF TWENTY FIVE THOUSAND DOLLARS
WHEREAS, the City of Gilroy has heretofore, for a number of
years, been using for public park purposes the premises belonging
to the trust created by the Will of Henry Miller, who died in the
year 1916, located in the City of Gilroy between Princevalle and
Carmel street and immediately north of Second Street, under an
arangement with the trustees of the said trust according to which
the City of Gilroy, in consideration of the payment of the property
taxes against the said premises, have been given the right to
utilize the said premises for a public park; and
WHEREAS, the said Will of the said Henry Miller provided that
the said premises were to be used as a site for a hospital to be
located thereon, known as the Las Animas Hospital, which was to be
financed through a $300,000.00 fund established by the said Henry
Miller in a trust declaration made at the time the said Will was
executed and said trusts were to continue until all of the children
of said Henry Miller and the children of said children living at the
time of said Henry Miller's death had all died
and in the year 1962, the last of the children of the children
of said Henry Miller died and the trustees of the said trust are
closing the trust established by the said Will and trust, and it
has become necessary for the said trustees to determine the
disposition to be made of the said lot hereinbefore described, and
they have petitioned ele superior Court of the state of California,
in and for the County of Santa Clara, for an order authorizing them
to sell the said premises to the city of Gilroy for the sum of
$25,000.00, cash, and have obtained an Order from the said court
granting the said petition, and the said city of Gilroy is desirous
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of acquiring the said property for the said sum;
NOW THEREFORE, BE IT RESOLVED and it is hereby ordered that
the city of Gilroy purchase the said premises hereinbefore referred
to and which are hereinafter more particularly described, from the
said trustees holding the said property under the said Will of
Henry Miller and pay therefor the said sum of $25,000.00 in current,
lawful money of the united states of America, through an escrow to
be established in the Western Title Guaranty Company in the City
of San Jose, and upon the conveyance of the title of said property,
free and clear of encumbrances except for taxes for the fiscal year
1965-1966, the said money shall be paid by the escrow agent to the
said trustees.
The said premises hereinbefore referred to are more particularly
described as follows, to wit:
All that certain lot, piece or parcel of land situate
lying and being in the City of Gilroy, County of Santa
Clara, state of California, more particularly bounded and
described as follows, to wit:
BEGINNING at the intersection of the northerly line of
Second Street with the westerly line of Carmel Street
as said streets are now layed out, and designated on
the official map of the City of Gilroy and running
thence along the northerly line of second street to the
easterly line of princevalle Street; thence in a northerly
direction along the easterly line of Princevalle street
629.48 feet; thence at right angles in an easterly
direction to the westerly line of Carmel Street; thence
in an southerly direction along the westerly line of
Carmel street to the point of beginning and being a
portion of Block 5 North Range 7 West of the City of
Gilroy.
PASSED AND ADOPTED this _6th day of July, 1965, by the following
vote:
AYES:
Councilmembers
ALLEMAND, DUFFIN, ECKARD, GOODRICH,
QUARTIROLI, WENTWORTH AND PETERSEN
NOES:
Councilmembers
NONE
ABSENT:
Councilmembers
NONE
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City Clerk
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APPROVED:
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Mayor
ATTEST:
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 943
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
July
a quorum was present.
, 19 65 , at which meeting
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Gilroy, this 7th day
of Ju 1 y
}40 O"1.4~
ity Clerk of the City of Gil