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
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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
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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.
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PASSED AND ADOPTED the
5th
day of June, 1961, by the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
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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
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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