Resolution 1995-36
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RESOLUTION NO. 95-36
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 AND CONSTRUCTION EASEMENT IN PROPERTY
IDENTIFIED BY APN 790-36-028 AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS
WHEREAS, the Welburn Avenue widening Project (the
"Project") is being undertaken for the purpose of easing traffic
and otherwise furthering the public health, safety and welfare;
and,
WHEREAS, in order to accomplish the goals of the Project,
construction activities must necessarily take place upon certain
real property located in the city of Gilroy, County of Santa Clara,
State of California and identified as APN 790-36-028 (the "Pro-
perty");
WHEREAS, such construction activities will require the
City to secure the following interests in the property: a fee
interest in 180 square feet, and a 1,002 square foot temporary
construction
easement
(collectively
referred
to
as
the
"Interests"), such Interests being indicated on the map attached
hereto as Exhibit "A" and incorporated herein by this reference;
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
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
RESOLUTION NO. 95-36
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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 pro-
ject; 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 and construction easement as
described hereinafter are being taken for municipal 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 et. ~ of the Code of
civil Procedure of the State of California.
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 Welburn Avenue Widening Project.
section 3.
The public interest and necessity require the
RESOLUTION NO. 95-36
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acquisition of the fee interest and temporary construction ease-
ment.
section 4. The taking of the fee interest and construction
easement is necessary for the completion of the various road
improvements as required to fulfill the purpose of the Welburn
Avenue Widening Project.
section 5. The street widening 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 and construction easement,
and has made a written offer to the owner(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 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 wi thin the city of
Gilroy:
Fee Interest:
A Parcel of land in the City of Gilroy, Santa Clara
County, California, being a portion of Parcel 2 as shown
upon that map filed for record in Book 398 of Maps, at
page 24, records of said County, and being more particu-
larly described as follows:
Commencing at the most Northeasterly corner of said
Parcel 2; thence along the northeasterly line of said
Parcel 2 South 19.55 I 30" East 5.28 feet to the south-
easterly corner of a strip of land deeded to the City of
Gilroy, per Book K574 of Official Records at Page 369,
of said County, said corner also being the True Point of
Beginning;
1) thence continuing along said northeasterly line,
South 19.55'30" East 2.11 feet to a point;
2) thence leaving said northeasterly line,
south 89.28'33" West 178.63 feet to a point of curvature;
3) thence along the curve to the left, with the radius
of 365.00 feet, through a central angle of 0.38'25", an
arc distance of 4.08 feet, to a point on the southerly
line of said strip of land;
RESOLUTION NO. 95-36
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4) thence along said southerly line North 88'50'30"
East 182.02 feet to the True Point of Beginning.
Containing 180 square feet of land more or less.
Temoorarv Construction Easement:
Being a temporary easement for construction purposes
over, on, and across a strip of land 3.00 feet in width,
adjoining, and on the southerly and southeasterly side
of the following described lines and extending the entire
length thereof:
Beginning at the most southerly corner of the above
described Parcel B;
1) thence along the southerly line of said Parcel B,
South 89'28'33" West 178.63 feet to a point of curvature;
2) thence along the curve to the left, with a radius of
365.00 feet, through a central angle of 0'38'25", an arc
distance of 4.08 feet, to a point on the southerly line
of a strip of land deeded to the City of Gilroy, per
Book K574 of Official Records at Page 369, of Santa Clara
County, California;
3) thence along the southerly line of said strip,
continuing along said curve, having said radius, through
a central angle of 16'30'05", an arc distance of 105.12
feet to a point of compound curvature;
4) thence along the curve to the left, with a radius of
30.00 feet, through a central angle of 92'20'29", an arc
distance of 48.35 feet to a point.
containing 1002 square feet of land more or less.
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 15th day of May 1995, by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE.
APPROVED:
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RESOLUTION NO. 95-36
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z ADOLPH A. and EMILY M. SANCHEZ,
A LIVING TRUST, DATED JUNE 26, '991
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REV! - ~/l0/94 - 3' TEMP CONST EASEMENT
SCALE:
, MARCH 1994
,- ~ 60'
HANNA & BRUNETTI
JOB NO.
92038
CIVIL ENGINEERS &: UND SURVEYORS
7651 EIGLEBERRY STREET
CrUlOY, CAurORNIA, 95020
(406) 842-2173
PARCEL B
PORTION OF PARCEL 2
BOOK 398 ~APS 24
ADOLPH AND E~ILY
SANCHEZ
DATE:
SHEET NO. or 1
EXHIBIT "A"
r
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I, SUSANNE E. STEINMETZ, City Clerk of the city of Gilroy, do
hereby certify that the attached Resolution No. 95-36 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Mav
, 19~,
Official Seal of the City of Gilroy this 16th day of
&v
,1995.
Clerk of
(Seal)