Resolution 1994-20
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RESOLUTION NO. 94-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF AN
EASEMENT FOR SANITARY SEWER PURPOSES AND
DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
WHEREAS, there is currently an underground sanitary sewer
line serving the properties on the west side of Monterey Street and
on the east side of Eigleberry Street between Ninth and Tenth
Streets in the city of Gilroy; and
WHEREAS, it has become necessary for the city to replace
and upgrade the sewer line to insure proper operation and thereby
maintain the public health, safety and general welfare (the "Sewer
Project"); and
WHEREAS, at the conclusion of the Sewer Project, an
upgraded underground sanitary sewer line shall replace the existing
sewer line and run parallel to the western property lines of the
properties on Monterey Road between Ninth and Tenth Streets, and
the existing sewer laterals serving the improvements on the
properties on the west side of Monterey Street and east side of
Eigleberry Street between Ninth and Tenth Streets shall be con-
nected to said replacement sewer line; and
WHEREAS, the existing sanitary sewer I ine traverses below
the rear portion of that certain real property situated in the City
of Gilroy, County of Santa Clara, State of California at the
northwest corner of Tenth and Monterey Streets, at 7001 Monterey
Road, APN 799-11-033 (the "Property"), and
WHEREAS, the Sewer proj ect necessarily involves construc-
tion activities on a fifteen (15) foot by approximately one hundred
(100) foot portion of the Property directly adjacent to the western
boundary of the Property as shown on the map attached hereto and
incorporated herein as Exhibit "A"; and
WHEREAS, it is thus desirable and necessary for the City
RESOLUTION NO. 94 - 20
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of Gilroy to acquire an easement in the Property as shown on
Exhibit "A" in order to repair, maintain and operate the sewer line
as described in this resolution; and
WHEREAS, the City of Gilroy is vested with the power of
eminent domain to acquire real property by virtue of Article 1,
section 19, of the Constitution of the State of California, Article
II, section 200 of the Charter of the City of Gilroy, section 40404
of the Government Code of the State of california, sections
1240.050, 1240.110 and 1240.120 of the Code of civil Procedure of
the State of California; and
WHEREAS, pursuant to the provisions of section 1245.235
of the Code of civil Procedure of the State of California, notice
has been duly given to all persons whose property is to be acquired
by eminent domain and whose names and addresses appear on the last
Santa Clara County equalized assessment roll, all of whom have been
given a reasonable opportunity to appear and be heard before the
City Council of the city of Gilroy on the following matters:
(a) Whether the public interest and
necessity require the project;
(b) Whether said project is planned or
located in the manner that will be
most compatible with the greatest
public good and the least private
injury;
(c) Whether the property sought to be
acquired is necessary for said
project; and
(d) Whether the offer required by Gov-
ernment Code section 7267.2 has been
made to the owner(s) of record.
NOW, THEREFORE, BE IT RESOLVED THAT:
section 1. An easement in certain property described herein-
after is being taken for municipal purposes pursuant to the autho-
rity of the City of Gilroy under:
(a) Article I, section 19 of the California Constitu-
tion;
(b) Article II, section 200 of the Charter of the city
of Gilroy;
RESOLUTION NO. 94 - 20
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(c) Section 40404 of the Government Code of the State
of California; and
(d) sections 1240.050, 1240.110 and 1240.120 of the
Code of civil Procedure of the State of California.
section 2. Said easement is being acquired in connection
wi th the repair, operation and maintenance of a sanitary sewer
pipeline consistent with the completion of the Sewer Project.
section 3.
The public interest and necessity require the
acquisition of the easement.
section 4. The taking of the easement is necessary for the
repair, operation and maintenance of an underground sanitary sewer
pipeline.
section 5. The Sewer Project is planned and located in the
manner which is and will be most compatible with the greatest
public good and the least private injury.
section 6.
The City of Gilroy has made every reasonable
effort to acquire the easement by negotiation as required by
sections 7267, and 7267.1 of the Government Code.
section 7. Pursuant to section 7267 of the Government Code,
the acquisition of an easement for the Sewer Project is exempt
from the appraisal and offer requirements of 7267.1(b) and 7267.2
of the Government Code.
section 8.
The City is hereby authorized and empowered to
acquire by condemnation good and sufficient title to the following
described property, all of which is located within the City of
Gilroy:
Underground sanitary sewer pipelines, connections, manholes
and such other appurtenances in connection therewith, on,
over, under and across certain property located in the City
of Gilroy, County of Santa Clara, State of California, more
particularly described as follows:
Being a portion of that certain parcel of land described
in the Grant Deed recorded at Pages 624 and 625 of Book
D584 of the Official Records of Santa Clara County on
April 11, 1978;
A fifteen (15) foot wide strip of land that lies east of
and contiguous to the following described property line:
RESOLUTION NO. 94 - 20
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beginning at the most southwesterly corner of parcel
described in deed filed April 11, 1978, Book D584 Offi-
cial Records of Santa Clara County at Pages 624 and 625,
located in the Office of the Recorder of Santa Clara
County. Also being the intersection of the northerly
line of Tenth Street and the westerly line of aforesaid
parcel;
Thence along last said westerly line northwesterly and
N. 20019'11''W, a distance of 100 feet to the terminus
which is the northerly line of aforesaid parcel.
section 9. The City Attorney is hereby directed to take all
steps necessary to initiate an action in eminent domain and to
obtain immediate possession of the property.
PASSED AND ADOPTED this 28th day of February, 1994 by
the following vote:
AYES:
COUNCILMEMBERS: KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GILROY
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS: GAGE
ATTEST:
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RESOLUTION NO. 94 - 20
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02/23/94 16:3~ ~408 998
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EXHIBIT A
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I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 94-20
is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
28th
day of February
19--2L,
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
19 94.
1st
day of
March
(Seal)
II