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Resolution 793 RESOLUTION NO. ~ RESOLUTION ESTABLISHING AND DECLARING POLICY AS TO ACOUIREMENT OF RIGHT OF WAY FOR UVAS PARKWAY WHEREAS the City of Gilroy is in the midst of a steady expansion created by the annexation of territory and this growth is expected to accelerate by those who have given the subject serious thought; and WHEREAS in order to meet the problems which will arise by reason of the development of the areas surrounding the CitYI the Council has adopted a general or master plan for the City of I Gilroy and the large areas about the said City which include a circulation element, a part of which is designated as the Uvas Parkway originating near the double bridges on the Hecker Pass Highway west of the said city and running in a southeasterly direction along the northwesterly bank of Uvas Creek to Thomas Road and eventually connecting with the Monterey Highway; and WHEREAS the said Parkway will not be constructed immediately but will come about by the development of the areas adjacent thereto which will be annexed from time to time to the said City of Gilroy and be subdivided, and which subdivisions will include the said Parkway as a part of the street system, under which circumstances the Parkway will be a part of the subdivisions as well as providing a part of the general highway plan for the general public and a portion of said Parkway area should be dedicated to the City by the owner or developer; and WHEREAS wise planning requires that the location of such avenues of travel be determined before the absolute need for them arises so that the rights-of-way may be acquired in an orderly overall scheme which encompasses not only the entire territory which it is possible to foresee will be included in the expanded city and the suburban section thereabout but also includes connections with highways of the future; and ( 1) '7Q3 WHEREAS the public good requires that the municipality be enabled to locate the said Parkway and other avenues of travel which it is contemplated may be required in the future, without necessity of immediately purchasing the same or pay for improve- ments which may hereafter be placed upon the contemplated rights- of-way after routes have been selected, and the only means of accomplishing this is by the establishment of official plan lines which will be notice to all the world of the location of such future streets and/or highways; and WHEREAS the CitySs intentions regarding the establishment of the said Parkway requires that the Council determine and set forthl so that all of the public will know, the policy to be followed by the City concerning the acquirement of the rights-of- way for the Parkway and other matters relating thereto hereinafter set forth, NOW THEREFORE BE IT RESOLVED and it is hereby ordered that the following is a declaration of policy to be followed by the City of Gilroy for the future acquirement of the rights-of-way, of the said Uvas Parkway and other factors relating thereto, to wit: (1) The said Parkway shall be a limited access road or street. (2) Official plan lines for said Uvas Parkway from Thomas Road to a connection with Highway 152, commonly known as Hecker Pass Highway, shall be established and adopted by the City of Gilroy as soon as possible. (3) No tentative map or final map for any subdivision which includes any part of the Uvas Parkway as established by the official plan lines therefore shall be approved unless the said plan lines are shown on the map of the proposed subdivision. (2) (4) Until such time as the Parkway is constructed, no property owner will be denied access to the Uvas Creek through the right-of-way delineated by the said plan lines. (5) It shall be the responsibility of the developer or owner of a proposed subdivision, if he so desires, to provide for the aforementioned temporary access in his subdivision or development plan. (6) The thoroughfare, when constructed/ will provide access to the developer's property line within the Uvas Creek channel. (7) In the acquisition and construction of the Uvas Parkway, it is the intention of the City of Gilroy that only the land necessary for the Parkway right-of-way shall be acquired. The City has no intention of acquiring property within the Creek channel as such but it does intend to allow at all times reasonable access to said channel. (8) Before approval of the final map of a subdivision involving or affecting the Uvas Parkway, each subdivider or developer shall enter into an agreement to dedicate, at no cost to the City, one-half of the required right-of-way for that part of the Uvas parkway lying within the proposed sub- division, and the City shall purchase the remaining one-half at a negotiated price. PASSED AND ADOPTED this 2nd day of December, 1963/ by the following vote: .AYES : COUNCILMEMBERS: Duff in, Eckard,Goodr i ch, Jordan, Quartiroli ,Wentworth, and Petersen. NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None APPROVED: / ,// X"Z L ~ L,'-'-~~-7~ / Mayor ATTE~:" . f ~ C. /J {{jcZ f}Ju./ V. / dA../'/1v-/ City Clerk ( 3) I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 793 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of December , 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 3rd day of / December ^. 196 '72240M~ & t'L C1ty Clerk of the City of Gilro