Resolution 1994-43
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RESOLUTION NO. 94-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF A FEE
INTEREST, UTILITY EASEMENT, AND CONSTRUCTION
EASEMENT IN PROPERTY IDENTIFIED BY APN 835-
01-006 AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
WHEREAS, on December 6, 1993, the City Council of the
City of Gilroy adopted Resolution No. 93-77 entitled "Resolution
Approving Amended Report and Assessment and Ordering Improvement,
North Forest Street Assessment District, City of Gilroy" which
Resolution formed the North Forest Assessment District; and
WHEREAS, the North Forest Street Assessment District was
formed for the purpose of constructing certain road improvements
("Street Project"); and
WHEREAS, the Street proj ect necessarily involves con-
struction activities on a portion of that certain real property
situated in the City of Gilroy, County of Santa Clara, State of
California, at 8565 Murray Avenue, in the City of Gilroy, APN 835-
01-006 (the "Property"); specifically, the Street Project requires
the following interests in the Property: a fee interest in 7928
square feet, a 2643 square foot utility easement and a 3964 square
foot construction easement, as shown on the map attached hereto and
incorporated herein as Exhibit "A" (collectively referred to as the
"Interests"); and
WHEREAS, the City had the Interests appraised and made
a written offer to purchase the Interests based on the appraisal
amounts to the record owner(s) of the Property pursuant to Govern-
ment Code ~ 7267.2; and
WHEREAS, the City has been unsuccessful in its attempts
to negotiate the acqusition of the Interests; and
WHEREAS, the city of Gilroy is vested with the power of
eminent domain to acquire real property by virtue of Article 1,
RESOLUTION NO. 94-43
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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. The fee interest, utility easement and construc-
tion easement as described hereinafter are being taken for munic-
ipal purposes pursuant to the authority 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;
(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.
RESOLUTION NO. 94-43
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Section 2. Said interests are being acquired in connection
with the construction of various road improvements as is necessary
to fulfill the purpose of the North Forest Street Assessment
District.
section 3.
The public interest and necessity require the
acquisition of the fee interest, utility easement and construction
easement.
section 4. The taking of the fee interest, utility easement
and construction easement is necessary for the completion of the
various road improvements as required to fulfill the purpose of
the North Forest Street Assessment District.
section 5. The Street 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. Pursuant to California Government Code ~ 7267.2,
the City has appraised the fee interest, utility easement and
construction easement, and has made a written offer to the own-
er(s) of record to acquire said interests based on the appraised
value of the interests.
section 7.
The City has made every reasonable effort to
acquire the fee interest, utility easement and construction
easement by negotiation as required by California Government Code
~ 7267.2_
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:
Fee Interest:
A portion of that certain parcel of land conveyed
to Dante and Edna Tomey by grant deed recorded in book
F827 O.R. page 565, Santa Clara County Records, and more
particularly described as follows:
Beginning at 2 x 3 stake marking the south west
corner of that certain parcel land of D and E Tomey as
shown on that certain Parcel Map entitled "Lot Line
Adjustment Between Parcels 3 and 4 Book 546 of Maps, page
44" Recorded in Book 554 of Maps at page 31 therein,
Santa Clara County Records;
RESOLUTION NO. 94-43
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Thence along the westerly line of said lands of
Tomey, being also the existing east line of Forest street
as shown on said map, N 22 20'W 264.28 feet;
Thence along the northerly line of said lands of
Tomey N 67 40'00"E 30.00 feet to the proposed easterly
line of Forest street (70 feet wide);
Thence S 22 20'E 264.28 feet to the southerly line
of said lands of Tomey;
Thence along said southerly line S 67 40'W 30.00
feet to the point of beginning and containing 7928 square
feet of land more or less.
Public utility Easement:
A ten (10) foot wide strip of land adjacent to the
above described street right-of-way.
Temporary Construction Easement:
A twenty-five (25) foot wide temporary construction
easement adjacent to the above described street right-
of-way. Said construction easement to remain in force
until the street improvement are completed and accepted
by the city of Gilroy.
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 23rd day of May, 1994 by the
following vote:
AYES:
GILROY, KLOECKER, MORALES, ROGERS, VALDEZ, GAGE
NOES:
None
ABSENT:
ROWLISON
ATTEST:
RESOLUTION NO. 94-43
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GARCIA & HENRY, INC. / CIVIL ENGINEERS
7423 MONTEREY STREET GII.ROY. CALIFORNIA PHONE: (408) 847-3885
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l1ulele4Y AVe:
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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 Resolution No. 94-43
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 23rd
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of
May
, 19~,
Official Seal of the City of Gilroy this 24th day of
May
,1994.
(Seal)