Resolution 1979- 14
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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
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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
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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
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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.
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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.
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~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.
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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.
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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.
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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.
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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