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Resolution 1983-73 ~ ,. ... . . RESOLUTION NO. 83-73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECESSITY FOR ACOUISITION OF PROPERTY LOCATED AT THE SOUTHWEST 'CORNER OF SIXTH AND RAILROAD STREETS, GILROY, CALIFORNIA, BELONGING TO THE SOUTHERN PACIFIC TRANSPORTATION COMPANY, AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE SUIT IN EMINENT DOMAIN THEREFORE WHEREAS, Notice was given to Southern Pacific Transportation Company as landowner pursuant to Code of Civil Procedure section 1245,235 of a hearing to be held this date to consider adoption of a Resolution of Necessity for the acquisition of the subject property, and WHEREAS, no written request was filed to appear and be heard, NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: (a) Under the authority of Government Code section 37350.5, the City of Gilroy intends to acquire the subject property for the construction, operation and maintenance of a public vehicle parking lot and appurtenances thereto on the subject property. (b) The subject parcel is located in the City of Gilroy, California, is triangular in shape and is bounded on the north by Sixth Street, on the east by Railroad Street. and on the southwest by the Southern Pacific Railroad spur right- of-way. (c) The Council of the City of Gilroy hereby finds that: 1) The public interest and necessity require the proposed project. RESOLUTION NO. 83-73 -1- ~ . . . ,~ 2) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and least private injury. 3) The subject property described herein is necessary for the proposed project. (d) The City Attorney is authorized to institute an action in Eminent Domain to acquire the subject property. PASSED AND ADOPTED this 24th day of October, 1983, by the following vote: AYES: COUNCILMEMBERS: ALBERT I GAGE. HUGHAN ~ LINK, TAYLOR I VALDEZ and GOODRICH NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE APPROVED: Mayor ATTEST: ;zff21A~~~ _ / ty ~ RESOLUTION NO. 83-73 -2- .. '. . . lo I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 83-73 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 24th day of November , 19 ~, at which meeting a quorum was present. 'IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 3rd day of November , 19 83 (Seal) -