Resolution 789
RESOLUTION NO. 789
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO PURCHASE
REAL PROPERTY ON TENTH STREET FROM GEORGE KISHIMURA
WHEREAS, the City of Gilroy desires to purchase from GEORGE
KISHIMURA the portion of his property located at the southeasterly
corner of the intersection of Tenth Street and the southerly exten-
sion of Church Street in the City of Gilroy described as follows:
BEING a portion of Ranch Lots 16 and 18 as shown on Map No. 7
accompanying the Report of the Commissioners in Henry Miller, et al,
Plaintiffs vs. Massey Thomas, et al, Defendantsl in the Superior
Court of the State of California, in and for the County of Santa Clara,
Case No. 5536, and also a portion of Sublots XXIV and XXV as shown
upon Map No. 8 accompanying the Report of the Commissioners in Henry
Miller, et al, Plaintiffs, vs. Massey Thomas, et al, Defendants, in
the Superior Court of the State of California in and for the County of
Santa Clara, Case No. 5536 and being more particularly described as
follows:
"BEGINNING at an iron pipe in the southerly line of Tenth
Street distant thereon S. 700 00' W. 122.50 feet from the
intersection thereof with the southeasterly extension of
the Northeasterly line of Church Street; said point of
beginning being also the most Westerly corner of the parcel
of land described in Deed of Trust by Hector Siqueiros and
Soledad G. Siqueiros, his wife, as joint tenants to American
Trust Company, a corporation, dated February 24, 1956, and
recorded March 6, 1956 in Book 3431 Official Records, page
328, and running thence along the southerly line of Tenth
Street N. 700 00' E. 122.50 feet; thence S. 200 00' E.
311.18 feet to an iron pipe; thence S. 700 00' 40" W.
79.73 feet; thence northerly along a curve to themft, from
a tangent bearing of N. 50 30' W., having a radius of 462.50
feet and a central angle of 140 30', a distance of 117.05 feet;
thence N. 200 00' W. 159.35 feet; thence along a curve to the
left, having a radius of 10.00 feet and a central angel of
900 00', a distance of 15.71 feet; thence S. 700 00' w.
37.50 feet to a point in the northeasterly line of said Siqueiros
land; thence along said line, N. 200 00' W. 26.00 feet to the
point of beginning~" and,
WHEREAS, an agreement has been made with the said GEORGE KISHlMURA
whereby the City of Gilroy will purchase the said premises for the
sum of $15,000.00 cash, current lawful money of the United States of
America to be paid at the time of the execution of the deed grantin~
a good and merchantable title to the premises to the City of Gilroy
free and clear of encumbrances except taxes for the fiscal year 1963-
1964 which are to be prorated and upon the following additional
conditions, to wit:
(1)
787
That the said city of Gilroy will extend the sewer main
when the Church Street extension is made to such a point on
Church Street as will enable the said GEORGE KISHlMURA to
make a sewer connection to the existing house now on the
said premises herainbefore deacribed but which will be moved
to another patt of his property.
The City of Gilroy agrees to install curbs and gutters on
the East and North boundaries of the remaining property of
said GEORGE KISHlMURA when Tenth street is widened and the
southerly extension of Church Street has been completed at
least to the southerly end of the said Kishimura's premises.
That the City of Gilroy shall provide for the granting of
any reasonable variance for the future development of the
property of said GEORGE KISHlMURA remaining after the con-
veyance of the premises hereinoefore described to the City
of Gilroy; and,
WHEREAS, the agreement made with the said GEORGE KISHlMURA
contemplates the opening of an escrow for the purchase of the
premises with the Western Title Guaranty Company in San Jose, in
whose office the purchase price will be deposited;
NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy purchase
the aforesaid premises from the aforesaid GEORGE KISHIMURA under
the terms and conditions hereinbefore set forth and that the pur-
chase price be deposited in escrow with the said Western Title Guaranty
Company with the necessary instructions.
PASSED AND ADOPTED THIS 7th day of October, 1963, by the
following vote:
NOES:
COUNCILMEMBERS: Duff in, Eckard,Goodri ch,Jordan ,Quart i ro Ii,
and Petersen.
COUNC ILMEMBERS: Non e
AYES:
ABSENT:
COUNCI LMEMBERS: Wentworth
APPROVED:
//
4/~" <->,--rE..1-~
Mayor
ATTEST:
. . Q) 2t:Jd)Jlf/'v'
City Clerk
:J'~
$:2 / c.l1-l~~
J
.;/
(2)
I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 789
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
7th day of October , 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 8th day
of JOctober
/
/