Resolution 1987-37
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RESOLUTION NO. 87~37
RESOLUTION OF THE COUNCIL OF THE CITV OF GILROY
DECLARING PUBLIC NECESSITY FOR ACQUISITION OF
PROPERTY LOCATED AT THE NORTHWEST CORNER OF TENTH
AND CHURCH STREET, GILROY, CALIFORNIA, BELONGING
TO EVELYN DELLA SANTA, ET. AL., AND AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE SUIT IN EMINENT DOMAIN
THEREFORE
WHEREAS, Notice was given to Evelyn Della Santa as to
a life estate, and Emma Rocha, Frank Cotta and Joseph H.
Cotta, Jr. and their heirs as to the remainder as landowners
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 street and appurtenanaes thereto on the subject
prop er ty .
(b) The subject parcel is located in the City of Gilroy,
California, at the northwest corner of Tenth and Church Streets
is bounded for 30 feet on the south by Tenth Street, for 30
feet on the east by Church Street, and on the northwest by an
arc completing a triangle.
(c) The Council of the City of Gilroy hereby finds
that:
1. The public interest and necessity require
the proposed project.
RESOLUTION NO. 87-37
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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 1st day of June 1987 by
the following vote:
AYES:
COUNCILMID1BERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
NOES:
ABSENT:
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RESOLUTION NO. 87-37
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 87-37 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 1st day of June, 19 87 , at
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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
2nd day of
June,
19 87.
(Seal)