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Resolution 627 RESOLUTION NO. 627 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACQUISITION OF EASEMENT AND AUTHORIZING THE CITY ATTORNEY OF THE CITY OF GILROY TO INSTITUTE SUIT IN EMINENT DOMAIN THEREFOR. BE IT RESOLVED: That the Council of the City of Gilroy does hereby expressly find and determine that public interest and necessity requires the laying, construction, and installation of an underground sanitary sewer line for the purpose of transporting and removing sewage from the City of Gilroy to the property belonging to the City of Gilroy used for a sewer farm and that the following described easement, and the whole thereof, is necessary for the purpose of constructing, installing, and maintaining the said sanitary sewer line 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 a per- manent right of way over, on, across and through one contiguous tract of land, and the right to use the same for construction, laying, and installation and maintenance of said underground pipe line forming a portion or link in a pipe line running or extending from 6th and Princevalle Street in the City of Gilroy to the afore said premises belonging to said City to be used for the purpose aforesaid, which tract of land is situated in the County of Santa Clara, State of California, and is more particularly described as follows: BEING a portion of Las Animas Ranch Lot 15 as shown upon Map 7 accompanying the Final Report of the Referees in the Partition action of Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior Court of the State of California in and for the County of Santa Clara, Case No. 5536, and being also a portion of Lot 3 as shown on that certain Map entitled "Map of the Massey Thomas Senior Subdivision of Las Animas Ranch Lot No. 15" and which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 15, 1893 in Book "G" of Maps, page 59, and being more particularly described as follows: "BEING an easement for the installation and maintenance of an underground sanitary sewer line over, under, on and across a strip of land 15.00 feet in width, the northerly line of - 1 - ul7 WHICH IS DESCRIBED AS FOLLOWS: BEGI~ING at an iron pipe at the southeasterly corner of the 169.06 acre tract of land conveyed by Miller & Lux, incorporated, a corporation, to F. E. Stelling by Deed dated January 25, 1927 and recorded in Vol 296 of Official Records, page 249, Records of Santa Clara County, California, said iron pipe being also at the intersection of the line common to Ranch Lots 15 and 16 and the southerly prolongation of the Westerly Corporate Limit Line of Gilroy, and running thence along said common Ranch Lot line, which is also the northerly line of said Lot 3, N. 890 58r E. to the corner common to Lots 1 and 3, as shown on said Map."; including the perpetual right to enter upon the said strip of land at any time that it may see fit, and construct, maintain, and repair an underground sanitary sewer line for the purpose of convey~ng sewage over, across, through, and under the lands hereinbefore described, together with the right to excavate and refill ditches and/or trenches for the location, placing, replacing and repair of said sewer line; Said easement and said easement land to be subject to the rights of the SANTA CLARA COUNTY FLOOD CONTROL AND WATER CONSER- VATION DISTRICT to use the surface of the said premises under and in accordance with another easement heretofore obtained by it for access road purposes without interference with or injury to its said easement by said City of Gilroy, said Santa Clara County Flood Control and Water Conservation District having granted to the City of Gilroy the right to use said strip of land for its said pipe line; Said easement to be subject further to the right of ANGELINA FILICE, the owner of the premises through which said easement is to be extended, to make connection onto and with that part of said sewer line which is on and in the easement premises above described for the purpose of disposing of waste material and affluent arising out of farming operations conducted on the tract of land of the said Angelina Filice of which said easement land is a part, or incidental thereto, if suitable for disposal in said sewer line, after proper screening thereof, but excluding any - 2 - sewage arising out of any commercial enterprise or plant, though related to agriculture, which may be established or operated on said tract of land of the said Angelina Filice of which said ease- ment land is a part, and also subject to the right of said Angelina Filice to use the surface of the easement land for "turning around" space when cultivating the adjoining land but not to construct or place any buildings on or over said right of way or grow crops thereon. 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 e~inent domain in the Superior Court of the State of California in and for the County of Santa Clara against said Angelina Filice 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 lla~ediate possession of said lands hereinabove described, for the uses and purposes hereinabove set forth, in accordance with the provisions of Article 1, Section 14, Qf the Constitution of the State of California. _ 3 - PASSED AND ADOPTED the 5th day of June, 1961, by the following vote: AYES: NOES: ABSENT: ATTEST: :/ z>5 tl/:Ja1-n~L. / city COUNCILMEMBERS: Duff i n ,Goodrl ch,Jordan, Petersen ,Quart i ro 1 i , Wentworth, and Sanchez. COUNCILMEMBERS:None COUNCILMEMBERS None J) Sa-~ / Mayor & ~ /) (,'" I'~ (C..;. ICI.CI/~( I Clerk q - 4 - I, SUSANNE E. PAYNE City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 627 is an original resolution, duly adopted by the Council of the City of Gilroy at a re;~lar meeting of said Council held on the 5th day of June , 19.QL, at \'lhich meeting a quorum was present. IN HITNr,SS "!HEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this , , 7th day of