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Resolution 1995-37 , . . RESOLUTION NO. 95-37 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 790-27-032 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 790-27-032 (the "Property"); WHEREAS, such construction activities will require the city to secure the following interests in the property: a fee interest in 29,4 square feet, and a 192 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. 95-37 -1- . . . 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 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. 95-37 -2- . . acquisition of the fee interest and temporary construction easement. 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 within the City of Gilroy: Fee Interest: A Parcel of land in the City of Gilroy, Santa County, California, Being a portion of Parcel C as on that Parcel Map filed for record in Book 338 of at Page 4, records of said county, being particularly described as follows: Clara shown Maps, more Commencing at the most Northwesterly corner of said Parcel C; thence along the southwesterly line of said Parcel South 20' 40' 20" East, 153.55 feet to a point of curvature; thence on the southerly line of said Parcel along a curve to the left, having a radius of 20.00 feet, through a central angle of 04' 56' 02", an arc distance of 1.72 feet, to the True Point of Beginning; (1) thence continuing along said curve, having said radius, through a central angle of 77'56'00", an arc distance of 27.20 feet to a point; (2) thence leaving said southerly line, along a curve to the right, with a chord bearing of North 84'03'21" West, having a radius of 10.00 feet, through a central angle of 38'58'00", an arc distance of 6.80 feet to a point of tangency; RESOLUTION NO. 95-37 -3- . . (3) thence North 64'34'21" East 12.58 feet to a point of curvature; (4) thence along a curve to the right, having a radius of 10.00 feet, through a central angle of 38'58'00", an arc distance of 6.80 feet, to the True Point of Beginning. Temporarv Construction Easement: A temporary easement for construction purposes over, on, and across a strip of land 3.00 feet in width, adjoining, and on the northerly and northeasterly side of the following described lines and extending the entire length thereof: Commencing at the most Northwesterly corner of Parcel C as shown on that Parcel Map filed for Record in Book 338 of Maps, at Page 4 of records of Santa Clara County, California, thence along the southwesterly line of said Parcel South 20'40'20" East, 153.55 feet to the True Point of Beginning; (1) thence along a curve to the left, having a radius of 20.00 feet, through a central angle of 04'56'02", an arc distance of 1.72 feet to a point of compound curvature; (2) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 38'58'00", an arc distance of 6.80 feet to a point; (3) thence South 64'34'21" East 12.58 feet to a point of curvature; (4) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 38'58'00", an arc distance of 6.80 feet to a point of compound curvature; (5) thence along a curve to the left, having a radius of 20.00 feet, through a central angle of 06'27'39", an arc distance of 2.26 feet to a point; (6) thence along the southerly line of said Parcel C North 70'00'00" East 36.23 feet to the most southeasterly corner of said Parcel C that is adj acent to Welburn Avenue. section 9. The city Attorney is hereby directed to take all RESOLUTION NO. 95-37 -4- . . 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. ~ Donald F. Gage, r \284\ 187126.1 52-041704706027 ;;(, .~ BK 3~<y6F MAPS 4 ~ ~/ ~- IIfMArm :, le9'05, SOff. 4)' 'CI\ 0.e97 ~UES )'WID~ reWO MY WNS rRUUION ,~S~M..1f 1W~ r.o.~. IMI I!i!!I rg I}=> @'il" :J&:~ /[,JIo @f::< dl~ :J&:z /[,JI -l )'WIlJ' r~WO",^RY COIlS rwc r101l ,~S~M,Nf DETAIL OF PARCEL (,11 \. .. ar. Cr1Of(D ~,MIN0 N 04' 0)' e l' VI CI4 N 70"00'00' , PARCEL A BK 338 OF MAPS 4 ,. A 790- 7.!;.( FRISONE OSERT 0 APN 790-27-32 '~ ~ "'. ~. JOHN C DEMARTINI AND A THERINE E, DEMARTINI OR THEIR SUCCESSO (s) AS TRU EE(S), JOHN C. DEMARTINI ND CA mERI E E, DEMARTIN REVOCABLE TRUST A TED NOV, 2 , 1989 ""' ~II CUM ell ele CD el4 DIU(. rw N 64"4 'el' W IWJIh 10.00 eo.OO' ee,oo' eo.OO' DlsrNU le50' LtIl;fH 6,00' nee . 1.7e' e.e6' oar~ '0'''' '00 7756 00 04'56'oe' 06'e7"9' PARCEL B BK 338 OF MAPS 4 DETAIL ...i.!. 70'00'00" f3 %WiElL~1!JJ1Rlfi\Ij REVl - 6/'0.'?.1-)' T::~;\P t>\1+'1E1NJ1!JJ1E CONST EASEMENT MARCH?9-'--. I HANNA & BRUNET" i" ----------1 CML ENGINEERS &: l..AND SURVEYORS _ _ I 7651 EIGLEBERRY STREET S::'__ __ Gn.ROY, CAUFORNIA, 95020 (408) 842-2173 PARCEL E ?0r;"")N OF PARCEL C ac,~,; 338 MAPS 4 JOHN AND CATHERINE DEMARTINI DATE: SCALE: JOB NO SHEET NO. ~ :- ~ EXTUBIT "A" . . . . , . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-37 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..2L, Official Seal of the City of Gilroy this 16th day of ~,o, Mav ,1995. (Seal)