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Resolution 1994-62 """,:c,'ii, , . . RESOLUTION NO. 94-62 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- 01-049 AND -50 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, and identified as APN 835-01-049 and -50 (the "Prope- rty"); specifically, the Street Proj ect requires the following interests in the Property: a fee interest in 189 square feet, a 7,930 square foot utility easement and all, 894 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 acquisition of the Interests; and RESOLUTION NO. 94-62 -1- . . 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 1240.010 et seq. and 1240.110 et seq. of the Code of civil Proce- dure 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 proj- ect; 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; RESOLUTION NO. 94-62 -2- . . (c) section 40404 of the Government Code of the State of California; and (d) Sections 1240.010 et sea. and 1240.110 et sea. of the Code of civil Procedure of the State of Cali- fornia. 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: RESOLUTION NO. 94-62 -3- . . Fee Interest: Beginning at an iron pipe marking the point of intersec- tion of the northerly line of Leavesley Road (110 feet wide) with the westerly line of Forest street 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; Thence along said northerly line N 64 40'E 120.99 feet to the TRUE POINT OF BEGINNING; Thence from said True Point of Beginning along said northerly line S 64 40'W 9.97 feet to the point of tangency with a 30 foot radius curve to the right being the south westerly boundary of that certain parcel "B" of land as shown on said parcel map; Thence along said 30 foot radius curve through a central angle of 89 50' an arc distance of 47.04 feet to the easterly line of said Forest Street; Thence along said easterly line N 25 30'W, 10.97 feet; to the point of tangency with a 40 foot radius curve; Thence along the arc of said 40 foot radius curve de- flecting to the left from a tangent bearing of S 25 30 'E through a central angle of 89 50' an arc distance of 62.72 feet; Thence along a line perpendicular to the said northerly line of Leavesly Road S 25 20'E 1.00 feet to the TRUE POINT OF BEGINNING and containing 189 square feet of land more or less. Public utility Easement: A ten foot wide strip of land adj acent to and northerly of the above described street right of way, and extending parallel with and adjacent to the easterly right of way of Forest Street and the southerly and southwesterly lines of which are more particularly described as follows: Beginning at a point distant N 25 20' W, 1.00 foot from the True Point of Beginning of the above right of way description; thence along the right of way, from a tangent bearing of S 64 40' E, along a curve to the right with a radius of 40.00 feet, through a central angle of 89 50', an arc length of 62.72 feet; thence N 25 30' W, 144.43 feet; thence along a curve to the right with a radius of 500.00 feet, through a central angle of 03 10', an arc length of 27.63 feet; thence N 22 20' W, 547.21 feet to the northwesterly line of Parcel B as shown upon the above referred to map and the terminas. Temporary Construction Easement: A 25 foot wide temporary construction easement the southerly and southeasterly lines of which are the same lines described in "Public utility Easement" above. 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. RESOLUTION NO. 94-62 -4- . . PASSED AND ADOPTED this 1st day of August, 1994 by the following vote: AYES: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: None ABSENT: GILROY ATTEST: z1~ Cl/wrJ &, . "'-Susanne E. RESOLUTION NO. 94-62 -5- ~ , .... Cl . n II) , to . . . I .... / ~ 1!::J.;t,. J . ....L __..1 ~~ . --L~: .:--- - ~ ~ - - - - - - r. ---- ........ -J.-__.-- J -- - ".~- .....:,f ~ 15!J.~' \ ' . , , ~, .. 5l/7. Z! Fo~5-r =:;1: \~~~.~'" .. \0 . /" . , '6' .. "p .... . . GARc;~~:~y~~ C~~~EERS. I..... 1-- .,-- ..,. NDI-'" .' . . . ., . \ , ". \ J I . . . . ~ . 24~.~ ' I 0-. . . , ~ " ~ - --~\ ~ ~ '. \ >.... ~- - - ~ ~ .' . I" ~ ,,~//7,()() .. ~ . - . ~ ~ ~~ I ~ $E5-01-~ . . . \l ~ ~ ~ ~ " I"*' I ~ 52S4a;,;:-" '1:)8 ~ ~=4t:J ' A:="'-.sO' '- : &.2.72 . : J=.30' 4=69"5d f '- =. 47.J:H I I .. , J-,C7 ' ;..J *25.,30''''''' ~I '" .ocrA/ L M!!f;, " EXHIBIT "A" I ... ..- ". . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-62 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of AUQUst , 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 2nd day of AUQUst ,1994. U4w-J! (Seal)