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Resolution 1979- 14 . . .. .. RESOLUTION NO. 79 - 14 A RESOLUTION OF INTENTION TO ADOPT A RESOLUTION DETER- MINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUI- SITION OF PROPERTIES FOR PUBLIC PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS. RESOLVED, by the City Council of the City of Gilroy, that WHEREAS, it is necessary and desirable for the City Council to acquire that certain real properties described in Exhibit "A", at- tached hereto and by this reference made a part hereof, for the purpose of installing, constructing, reconstructing, maintaining and repairing of sanitary sewer mains and appurtenances in, over, under, across and upon the parcels of land more particularly des- cribed in Exhibit A, attached hereto and by this reference made a part hereof and WHEREAS, Section 1245.235 of the Code of Civil Procedure re- quires said District to notice a public hearing and give the owners of the property to be acquired written notice and reasonable oppor- tunity to be heard prior to the adoption of the Resolution of Neces- sity by said City Council, NOW, THEREFORE, BE IT RESOLVED that Monday, March 19, 1979 at the hour of 8:00 o'clock p.m. I in the Council Chambers, 7390 Rosanna Street, Gilroy, California, is hereby fixed as the time and place for the public hearing for the adoption of the Resolution of Necessity finding and declaring that the public interest and necessity require the acquisition of the properties set forth and described in said Exhibit "A". BE IT FURTHER RESOLVED that Wilson, Morton, Assaf & McElligott attorneys for the City of Gilroy are authorized and directed to give written notice to the owners of the property to be acquired of the public hearing on the Resolution of Necessity pursuant to RESOLUTION NO. 79 - 14 -1- . . " and in accordance with Section 1245.235 of the Code of Civil Pro- cedure of the State of California. I hereby certify that the foregoing resolution to be a full, true and correct copy of a resolution duly passed by the City Council of the City of Gilroy at a regular meeting thereof duly held on the 5th day of March, 1979, by the following vote: AYES: NOES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, PATE, STOUT and GOODRICH. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CUNNINGHAM. APPROVED: ~~k~ Mayor ATTEST: AU<I-J?; .~ / City Cler RESOLUTION NO. 79 - 14 -2- . . EXHIBIT "A" Page 1 of 7 pages DESCR IPTION OF f'ANITARY SEHER EASE!'1ENT TO BE ACOUIRED BY THE CITY OF GILROY OVER LANDS OF LAZZARINI, ET AL: BEING a portion of Parcel 3 as shown on RecJrd of Survey Map filed for record in Book 174 of Maps at page 3, Records of Santa Clara County, California, and being more particularly described as follows: Parcel One An exclusive easement for the installation and maintenance of an underground sanitary sewer pipe line under, over, on and across a strip of land 15.00 feet in width, the southerly line of which is more particularly described as follows: BEGINNING at a point in the easterly line of ~Ten Avenue distant thereon N.0042'20"W. 30.00 feet from the intersection thereof with the southerly line of Parcel 3 as shown on the Record Jf Survey Map above referred, and running thence parallel with said southerly line N. 88034' 30"E. 701. 88 feet to the northwesterly corner of the portion of Parcel 3 conveyed to the City of Gilroy by deed recorded in Book 8751 at page 388, Official Records of Santa Clara County; thence continuing along the northerly line of said City of Gilroy land N.88034'30"E. 344.82 feet to the northeasterly corner thereof in the easterly line of said Parcel 3. Parcel Two A temporary easement for the purpose of construction of a sanitary sewer in the easement above described over, on and acruss the southerly 30 feet of Parcel 3 as ~hown on said Record of Survey Map and extending from the easterly line of Wren Avenue to the easterly line of the lands of the City of Gilroy as described in deed recorded in Book 8751 at page 388, Official Records of Santa Clara County, California '3 ff /1? . . Page 2 of 7 pages DESCRIPTION OF SANITARY SE\-lER EASHfENT TO BE AC(!UIRED BY THE CITY OF GILROY OVER THE LANDS OF LA\~YERS TITLE INSURANCE CORP: BEING a portion of the Lot-s 1 and 4 as shown on "Map of the Subdivision of the Elizabeth H. Hartin Tract", which map is filed for rec..Jrd in Book "Ft! of Maps at page 31, Records of Santa Clara County, California. and being more particularly described as follows: Parcel One An exclusive easement for the installation and maintenance )f an underground sanitary sewer pipeline under, over, on and acruss a strip of land 15.00 feet in width, the centerline of which is more particularly described as f)llows: BEGINNING at a point in the southeasterly line of Leavesley Road distant thereo.n S.64037'38"W. 390.00 feet from the most easterly corner of that certain 32.737 acre parcel of land described as Parcel 3 in the Deed to the State of California recorded February 25, 1971 in Volume 9231 at page 165, Official Records uf Santa Clara County, and running thence S.25022'22"E. 4.89 feet, S.4802l'02''W. 146.99 feet, S.32058'39''W. 73.96 feet, S.17036'22"W. 399.84 feet, S.13006'49"W. 212.00 feet and S.7034'15"E. 212.00 feet to a point that is N.7l020'52"E. 7.50 feet from a poin~ in the northeasterly line of said 32.737 acre parcel (Now 101 Freeway) that is N.66028'23"E. 204.81 feet from Station 389+75.23 on the "E" line of the Survey for said Freeway; thence continuing parallel with the northeasterly line of said 32.737 acre parcel and Freeway S.18039'08"E. 1009.48 feet to a puint that is N.68054'37"E. 7.51 feet from a point in said northeasterly line that is N.66028'23"E. 119.00 feet from Station 379 + 69.10 on said "E" line; thence continuing parallel to said northeasterly line S.23031'37"E. 1981.00 feet to a point that is N.66028'23"E. 7.50 feet from a point in said northeasterly line that is N.66028'23"E. 119.00 feet from Station 359 + 87.78 on said "E" line; thence continuing along a line that is parallel with and 17.50 feet northeasterly (at right angles) from the line common to Ranchos San Ysidro and Las Animas, as shown on said map. S.32007'30"E. 1187.12 feet, more or less, to an intersection with the northerly line of Gilman Road as realigned and described as Parcel 2 in the Deed to the State of Ca1liDrnia recorded February 25, 1971 in Volume 9231 at page 165, Official Records of Santa Clara County. Parcel Two A~mporary easement for the purpose of construction of a sanitary sewer in the easement above described over, on and across a strip of land 50.00 feet in width adjoining the southeasterly and north- easterly line of said easement and extending from a point in the southeasterly line of Leavesley Road that is 50.00 feet easterly of the point of beginning of said easement to the northerly line of Gilman Road. ;/'/19 . . Page 3 of 7 pages DESCRIPTION OF SANITARY SEWER EASEMENT TO BE ACOUIRED BY THE CITY OF GILROY OVER THE LANDS OF UhryERS TITLE INSURANCE CORP: BEING a portion of Lot 4 as shown on "Nap of Subdivision of the Elizabeth H. Martin Tract", which map is filed for record in B;)ok "F" of Maps at page 31, Records ,)f Santa Clara County, California, and being more particularly described as follows: Parcel One An exclusive easement for the installation and maintenance of an underground sanitary sewer pipeline under, over, on and across a strip of land 15.00 feet in width, the center- line of which is more particularly described as follows: BEGINNING at a point in the southeasterly line of Gilman Road being also the northwesterly line of that certain 26.880 acre parcel of land described in the Decree of Distribution of the Estate of Edith L. Hornbeck, recorded October 26, 1960 in Book 4961 at page 573, Official Records of Santa Clara County, distant thereon N.69057'42"E. 17.90 feet from the most westerly corner to said Parcel in the line common to the Ranchos San Ysidro and Las Animas, and running thence parallel with said Rancho Line S.32007'30"E. 913.53 feet, more or less, to a point in the line common to Lots 4 and 5 that is N.57052'30"E. 17.5 feet from the westerly common corner to said Lots in said common Rancho Line as shown on said Map. Parcel Two A temporary easement for the purpose of construction of a sanitary sewer in the easement above described over, on and across a strip of land 50.00 feet in width, the southwesterly line of which is the northeasterly line of the above described easement. EXCEPTING from Parcels One and Two. above described, any part of the Lands of the Santa Clara Valley Water District contained within said Parcels. ~ I,}tf . . ~age 4 of 7 pages DtSCR IPTI ON OF SANITARY SH.'ER EASEI.1E!\T TO BE AC(iUJ RED BY THE CITY OF GILROY OVER THE L4~DS OF ROBERT J. LINDELEAF, ET UX: BEI~G a portion of Lot 5 as shown on "}~p of Subdivision of the Elizabeth H. }~artin Tract," which map is filed for record in Book "F" of !'~ps at page 31, Records of Santa Clara County, and being more particularly described as follo~s: Parcel One An exclusive easement for the installation and naintenance of an underground sanitary sewer pipeline under, over. on and acr~ss a strip of land 15.00 feet in ~idth, the centerline of which is more particularly described as follo~s: BEGIKNING at a point in the line com~on to Lots 4 and 5, distant thereon N. 57 052' 30"E. 17.5 feet from the \.:esterly CO:Tlmon corner to said Lots in the 1 ine COl11rllon to Rancho t s San Ysidro and Las Animas, as shown on said map, and running thence parallel with said R?ncho line and the southwesterly line of Lot 5 S.32~07'30"E. 2015.27 feet, more or less, to an intersection with the northerly line of Renz Lane (former Pacheco Pass Highway) as described in the Deed to the County of ~anta Clara by the State of California recorded August 19, 1968 in Volume 8232 at page 470, Official Records of Santa Clara County. Parcel Two A temporary easement for the purpose of construction of a sanitary sewer in the easement above described over, on and across a strip of land 50 feet in width the southwesterly line of which is the northeasterly line of the above described casement, and extending from the line common to said Lots 4 and 5 to the northerly line of Renz Lane. ~ "/11 . . Page 5 of 7 pages DESCRIPTION OF SANITARY SEHER EASEMENT TO BE ACOUIRED BY THE CITY OF GILROY OVER THE LANDS OF HIRASl\KI FAR~1S: BEING a p.Jrtion of Lot 6 as shown on "Map of the Subdivision of the Elizabeth H. :1artin Tract", which map is filed for record in Book "F" of Maps at page 31, Record s of Santa Clara County, California, and being more particularly described as follows: An exclusive easement for the installation and maintenance of an underground sanitary sewer pipe line under, over, on and across the northeasterly 20 feet of that certain strip of land described as Parcel No. 5 in the deed to HIRASAKI FARMS, a California Corporation recorded in Volume 1596 at page 454, Official RecJrds ~f Santa Clara County, and EXCEPTING THEREFROM that portion of said strip of land conveyed to the State of California by deed recorded April 26, 1967 in Book 8053 at page 728, Official Records of Santa Clara County. ~1,J1f '. . . Page 6 of 7 pages DESCRIPTION OF S,'iNIT,\RY SE\\TER El\SEMENT TO BE .'\COUIRED BY THE CITY OF GILROY OVER THE L\NDS OF HIRASAKI FARHS: BEING a portion of Parcel No.4 as described in the deed t) HIRASAKI FARMS, a California Corporation, recorded in Volume 1596 at page 454, Official Records ~f Santa Clara County, California, and being more particularly described as follmvs: Parcel One An exclusive easement for the installation and maintenance of an underground sanitary sewer pipeline under, over, on and across a strip of land 15.00 feet in width, the centerline of which is more particularly described as f,:)llows: BEGINNING at a point in the southeasterly line of Lot 6 as shown on "Map of the Subdivision of the Elizabeth H. Na;ctin Tract ", which map is filed for record in Book "F" of Haps at page 31, Records of Santa Clara County, distant thereon N.5101l'E. 17.62 feet from the most southerly corner thereJf. and running thence parallel with the southwesterly line of said Parcel 4 S.32007'E. 2020.09 feet; thence S.32007'10"E. 322.00 feet; thence leaving said parallel line S.49052'E. 205.00 feet, S.250l5'E. 200.00 feet, S.3l015'E. 192.00 feet and S.6020'E. 81.96 feet; thence continuing parallel with the southwesterly line of said Parcel 4 and 17.50 feet distant therefrom at right angles S.32007'10"E. 1921.45 feet and S.32017'10"E. 145.85 feet to a point in the southeasterly line of said Parcel 4 that is N.57044'55"E. 17.50 feet from the most southerly CJrner thereof. Parcel Two . A temporary easement for the purpose of construction of a sanitary sewer in the easement above described over, on and across a strip of land 50.00 feet in width, the southwesterly line of which is the northeasterly line of the above described easement and extending the full length thereof. 1/1/1t '. . . Page 7 of 7 pAges DESCRIPTION OF TD1PORARY CONSTRUCTION EASEMENT TO BE ACOUJ RED BY THE CITY OF GILROY OVER LANDS OF TREVIS BERRY, ET UX: BEING a portion .of lot 6 as shown on "Hap of the Subdivision of the Elizabeth H. Martin Tract", which map is filed for record in Book "F" of Maps at page 31, Records of Santa Clara County. California, and being more particularly describea as follows: A TEMPORARY EASEMENT for the purpose of c:mstruction of a sanitary s€wer in lands adjacent ID the southwesterly line of the Grantors more particularly described as follrnvs: A strip of land ~5.00 feet in width, the southwesterly line of which ~s the northeasterly line of that certain parcel of land described as Parcel 5 in the deed to HIRASAKI FARHS, a California Corporation, recorded in Volume 1596 at page 454. Official Records of Santa Clara County and extending from the southeasterly line of said Lot 6 northwesterly to the most northeasterly corner of said Parcel 5 in the southerly line of the old Pacheco Pass Highway, and EXCEPTING THEREFROM any portion contained within the State Highway. 1//1' .....----...::0: . . . ,,~ ! .- I. SUSANNE E. STEINNETZ. City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 79-14 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of March , 19~. at which meeting a quorum was present. IN WITNESS ltJHEREOF. I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this March , 1912-. 7th day of .0fr: City of Gi