Resolution 1995-37
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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
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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
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
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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
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(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
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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
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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
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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.
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EXTUBIT "A"
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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)