Resolution 1979- 17
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RESOLUTION NO. 79-17
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
RESOLVED, by the City Council of the City of Gilroy,
California, that
WHEREAS, it is necessary and desirable for the City of Gilroy
to acquire that certain real property more particularly described in
Exhibit nAn, attached 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,
and
WHEREAS, notice has been properly given as required by and
according to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California and now comes the hearing at
which all persons whose property is to be acquired by eminent domain
and whose name and address appear on the last equalized county
assessment roll have heretofore before the City Council of the City
of Gilroy been given a reasonable opportunity to appear and be heard
on the following matters:
(a) The public interest and necessity require the
acquisitions,
(b) The acquisitions are planned and located in the manner
that will be most compatible with the greatest public good and the
least private injury,
(c) The property sought to be acquired is necessary for the
aforesaid improvements, and
RESOLUTION NO. 79-17
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WHEREAS, the City of Gilroy, is vested with the power to
acquire real or personal property of every kind by grant, purchase,
gift, devise, lease or eminent domain by virtue of and under the
authority of Division 1, Title 4, Section 34101, 37350.5 of the
Government Code of the State of California:
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The public interest and necessity require the acquisition,
construction, completion and maintenance of sanitary sewer mains and
appurtenances, in, over, across and upon the parcels of land more
particularly described in said Exhibit "A", and the taking of an
easement for sanitary sewer mains and appurtenances, together with a
temporary construction easement in, over, under, across and upon the
parcels of land more particularly described in said Exhibit A is
necessary for said improvements.
2. Said proposed acquisitions and improvements are planned
and located in the manner which will be most compatible with the
greatest public good and the least private injury.
3. The law firm of Wilson, Morton, Assaf & McElligott,
attorney(s) for the City of Gilroy, be and they are hereby directed
to institute and conduct to conclusion an action in eminent domain
for the acquisition of the estates and interests aforesaid and to
take such action as is necessary therein, and said law firm of Wilson,
Morton! Assaf & McElligott shall be paid a reasonable fee
therefor.
4. An order for prejudgment possession be obtained in said
action, and that a warrant be issued to the County Clerk, Santa
Clara County, California, in the amount determined by the Court to
be so deposited, as a condition to the right of immediate possession.
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I hereby certify that the foregoing is 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 19th
day of March, 1979, by the following vote:
NOES:
COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and
GOODRICH.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: CHILDERS
AYES:
ABSENT:
APP7~
. Mayor
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DESCRIPTION OF SMH TAT~Y ~;E\.JER EASE1'jENT TO BE Ac(~UJl{ED BY THE
CITY OF GILROY OVER THE LANDS OF LAWYERS TITLE INSURANCE CORP:
BEING a portion of the Lots 1 and 4 as shown on "~1ap 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
described as follows:
Parce 1 One
An exclusive easement for the ir~ tallation and maintenance )f
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 Leaves1ey
Road distant thereon 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 of 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.7lo20'52"E.
7.50 feet from a point 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 point 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 6n 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 Caluornia recorded
February 25, 1971 in Volume 9231 at page 165, Official Records
of Santa Clara County..4..l )/~t/1t
5'o.O~'Parce1 Two
A~mporary e ement for the purpose of construction of a sanitary
sewer in th easement above described over, on and across a strip
of land .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.
EXCLUDING THEREFROM any existing structures.
Parcel A
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flLSClUPTION OF S/\NIT/\PY ~~[\'IER EMjU'~1 in TO BF ACOUIRED BY THE
CITY OF GILROY OVER THE JANOS OF Ll\',:YLRS TITLE INSUR^NCE CORP:
BEING a portion of Lot 4 as shO\vn on "Map of Subdivision of
the Elizabeth H. Martin Tract", which map is filed for record
in BJok "F" of Maps at page 31, Records ,)f Santa Clara County,
California, and being more particularly described as follows:
Parce 1 One .
An exclusive easement for the installation and maintenance
)f 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, dista,nt thereon N. 69 057'42"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
5.32007'30"E. 913.53 feet, more or less, to a p,)int in the
line c,ommon to Lots 4 and 5 that is N.57052'30"E. 17.5 feet
from the westerly corrnnon corner to said Lots in said corrnnon
Rctncho Line as shown on said Map.
Parcel
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A temporary easement for the pose of construction of a
sanitary sewer in the ease above described over, on and
across a strip of land &0.00 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.
PARCEL B
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Dl:. ~:Cln PTl ON OF ~:t\N 1 Tt\RY SHIER EASEl-lENT TO BE AC(,U I RED BY THE
CITY OF GILROY OVER THE LANDS OF ROBERT J. LINDELEAF, ET UX:
BEING a portion of Lot 5 as shown on "~1ap of Subdivision of
the Elizabeth H. t'-1artin Tract," which map is fi led for record
in Book "F" of Maps at page 31, Records of Santa Clara County,
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
acr)ss a strip .)f land 15.00 feet in width, the centerline of
which is more particularly described as follows:
BEGINNING at a point in the line common to Lots 4 and 5,
distant thereon N.57052'30"E. 17.5 feet from the westerly
common corner to said Lots in the line common to Rancho'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.32007'30"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 Santa
Clara by the State of California recorded August 19, 1968 in
Volume 8232 at page 470, Official Records of Santa Clara County.
Parcel TW3 ~O.6 ~W,J~11t?
A temporary easement for the ~ose of construction of a
sanitary sewer in the ease~t above described over, on and
across a s trip of land 5'0 fee t iri Hid th the sou thwes ter ly line
of which is the northeasterly line of the above described easement,
and extending from the line co~non to said Lots 4 and 5 to the
northerly line of Renz IBne.
PAHCEL C
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DESCRIPTION OF SANITARY SEWER EASEMENT TO BE ACOUIRED BY THE
CITY OF GILROY OVER THE LANDS OF HIRASAKI FARMS:
BEING a p,)rtion of Lot 6 as shown on "Hap of the Subdivision
of the Elizabeth H. ~1artin Tract", which map is filed for
record in Book "F" of Haps at page 31, Records of Santa Clara
County, California, and being more p~rticularly 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 Corporat~on 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.
PARCEL D(l)
EXHIBIT A
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DESCRIPTION OF SANITARY SEWER EASEMENT TO BE ACQUIRED BY THE
CITY OF' GILROY OVER THE LANDS OF HIRASAKI FARMS:
Being a portion of Parcel No. 4 as described in the deed to
Hirasaki Farms, a California corporation, recorded in Vol.
1596, page 454, Official Records of Santa Clara County,
California and being more particularly described as follows:
Parcel 1
An exclusive easement for the installation and maintenance
of an underground sanitary sewer pipeline under, over, on
and across a strip of land 15 feet in width, the canterline
of which is more particularly described as follows:
BEGINNING at a point in the southeasterly line of Lot 6,
as shown on "Map of the Subdivision of the Elizabeth H.
Martin Trac t", which map is f i l(~d for record in Book "F"
of Maps at page 31, Records of Santa Clara County, distant
thereon North 510 11' East 17.62 feet from the most southerly
corner thereof, and running thence parallel with the south-
westerly line of said Parcel 4 South 320 7' East 2020.09 feet;
thence South 320 7' 10" East 322 feet; thence leaving said
parallel line South 490 52' East 205 feet; South 250 15' East
200 feet, South 310 15' East 192 feet and South 60 20' East
81.96 feet; thence continuing parallel with the southwesterly
line of said Parcel 4 and 17.50 feet distant therefrom at
right angles South 320 7' 10" East 1921.45 feet and South
320 17' 10" East 145.85 feet to a point in the southeasterly
line of the said Parcel 4 that is North 570 44' 55" East
17.50 feet from the most southerly corner thereof.
Parcel 2
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 easement and extending the full length thereof,
EXCLUDING therefrom any existing structures.
Parcel D(2)
EXHIBI.r f\
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DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE ACOUJRED
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 fot:
record in Book "F" of Maps at page 31, Records of Santa Clara
County, California, and being more particularly described as
follows: " ~o- 00 ~lU ~z-'/1f
A TEMPORARY EASEMENT for ~h ~~rpose o1r ~Jnstruction of a
sanitary sewer in lands a Jacent ID the southwesterly line
of the Grantors ~re p ticular1y described as fol1~~s:
A strip of land ~'88 feet in width, the southwesterly line
of which is the northeasterly line of that certain par~el
of land described as Parcel 5 in the deed to HlRASAKI FARMS,
a California Corporation, recorded in Volume 1596 at page 454,
Official Records of Santa Clara County and extending from
the southeasterly line of said I~t 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.
PARCEL E
EXH\B\T A