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Resolution 1995-38 . . . RESOLUTION NO. 95-38 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 790-36-004 AND 790-36-005 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 790-36-004 and 790-36- 005 (the "Property"); WHEREAS, such construction activities will require the city to secure the following interests in the Property: in APN 790- 36-004: a fee interest of 2,588 square feet and a 1,195 square foot temporary construction easement; in APN 790-36-005: a fee interest of 949 square feet and a 407 square foot temporary construction easement (collectively referred to as the "Interests"), such Interests being indicated on the maps 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, RESOLUTION 95-38 -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, and 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 interests and construction easements 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 ~ sea. of the Code of civil Procedure of the State of California. section 2. Said interests are being acquired in connection RESOLUTION 95-38 -2- . . 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 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 interests and construction ease- ments, 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 interests and construction easements by negotia- tion 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: APN 790-36-04: Fee Interest: A parcel of land in the city of Gilroy, Santa Clara County, California, being a portion of Sub Lot 43, as shown on Map 8, "Las Animas Partition suit of Henry Miller, et al vs. Thomas Massey, et al" Superior Court Case No. 5536, being more particularly described as follows: Commencing at the most northerly corner Parcel 8, as shown on that Record of survey filed for record in Book 115 of Maps, at page 24, records of said County, California, thence along the northeasterly line of said Parcel 8 South 23 '14' 30" East 83.63 feet to the True Point of Beginning; RESOLUTION 95-38 -3- . . 1) thence continuing along said northeasterly line South 23014 '30" East 18.70 feet to a point of curvature, said point being a corner common to Parcels 8 and 3 of said Record of survey; 2) thence on the easterly line of said Parcel 3 along a curve to the right, having a radius of 20.00 feet, through a central angle of 112005'00", an arc distance of 39.12 feet to a point of tangency; 3) thence along the southerly line of Parcels 3, 7, and 8, of said Record of Survey South 88050'30" West 280.19 feet to the southwesterly corner of said Parcel 7; 4) thence along the southwesterly line of Parcel 7 North 19055'30" West 8.16 feet to a point; 5) thence North 89028'33" being 7.00 feet Parcel 8; leaving said southwesterly line East 65.93 feet to a point, said point northerly of said southerly line of said 6) thence parallel with and 7.00 feet northerly of the southerly line of said Parcel 8 and 3 North 88050 '30" East, 196.83 feet to a point of curvature; 7) thence along a curve to the left, having a radius of 35.00 feet, through a central angle of 15027'15", an arc distance of 9.44 feet to a point of compound curvature; 8) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 40032'09", an arc distance of 7.07 feet to a point of tangency; 9) thence North 32051'06" East 27.97 feet to a point of curvature; 10) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 56005'36", an arc distance of 9.79 feet to the True Point of Beginning. 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 northerly and northwesterly side of the following described lines and extending the entire length thereof: Commencing at the most westerly corner of Parcel 7, as shown on that Record of Survey filed for record in Book 115 of Maps, at page 24, records of said records of Santa Clara County, California, thence along the westerly line of said Parcel 7 South 19055'30" East 23.57 feet to the True Point of Beginning; 1) thence along the northerly line of the above described Parcel, North 89028'33" East 65.93 feet to a point; 2) thence North 88050'30" East, 196.83 feet to a point of curvature; 3) thence along a curve to the left, having a radius of 35.00 feet, through a central angle of 15027'15", an arc distance of 9.44 feet to a point of compound curvature; RESOLUTION 95-38 -4- . . 4) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 40'32'09", an arc distance of 7.07 feet to a point of tangency; 5) thence North 32'51'06" East 27.97 feet to a point of curvature; 6) thence along a curve to the left, having a radius of 10.00 feet, through a central angle of 56'05'36", an arc distance of 9.79 feet; 7) thence North 23'14'30" West 83.63 feet to the most northern corner of Parcel 8, as shown on that Record of Survey filed for record in Book 115 of Maps, at page 24, records of said records of Santa Clara County. APN 790-36-005: Fee Interest: A Parcel of land in the city of Gilroy, Santa Clara County, California, being a portion of Sub Lot 43, as shown on Map 8, "Las Animas Partition suit of Henry Miller, et al vs. Thomas Massey, et al" superior Court Case No. 5536, being more particularly described as follows: Beginning at the Northeasterly corner of Parcel 6, as said Parcel 6 is shown on the Record of survey filed for Record in Book 115 of Maps, at Page 24, Records of said county; 1) thence along the Northerly line of said Parcel 6, and its Westerly prolongation, South 88 deg. 50' 30" West 135.54 feet to the most Northeasterly corner of Parcel 4, as said Parcel 4 is shown on the Record of Survey filed for Record in Book 182 of Maps, at Page 39, Records of said County; 2) thence along the Northeasterly 1 ine of said Parcel 4, South 19 deg. 55' 30" East, 7,39 feet to a point; 3) thence leaving said Northeasterly line of Parcel 4, and running parallel with and 7.00 feet Southerly of the Northerly line of said Parcel 6, North 88 deg. 50' 30" East, 135.54, to a point on the Northeasterly line of said Parcel 6; 4) thence along said Northeasterly line, North 19 deg. 55' 30" West, 7.39 feet, to the Point of Beginning. Temporarv Construction Easement: Being a temporary easement for construction purposes over, on, and across a strip of land 3.00 feet in width, adjoining the Southerly line of the above described Parcel and extending the entire length thereof. 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 95-38 -5- . . 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: \284\187125.1 53.052504706027 RESOLUTION 95-38 -6- .---- .' I.tl' O'U(. flQl ~rNa I l ~'I N 19"" JO W 0.16' ~'e S 19""'JO' e eJj7' ~'J S eJ"14"0' e 10,70' ~'4 N ,e",l'oo' e e7.97 , "" S eJ'14"0 e 0'.6J' ~Vf IWlIUS UN;ft1 oa.f~ ~" eo.oo' ''tIe' Ilemoo ~'e 10.00' 't79' ~","'6' ~'J 10.00' 7.07' 40'Je'09' (34 ",00 't44' 1,"e7'l, - 1Pf)-:n. " NEILSON OCAroLAS S .II EUZlJltlH C ~ CASU JoUlES. SYl...... C ~lCllIDlVJlilIfM ~WIfiII!.lJ~ > I!!l! Parcel 8 APN I!!;: BK 115 MAPS 24 790-36-04 i CURRIES ASSOCIATES ~aMlflOe~ 0.475. ~~~es O~ eO,700. SOH. " 'J I 1 -;<-~"<: rwe Ir.o.~. ~"q'9' - I (,1.. 10. WIOf fQl,e I..fNt e^se~f"'f ffP. lite at Iq1 ~" I I t REV] - 6/10/94 - CONST EASEMENT DATE: MARCH 1994 HANNA & BRUNETTI SCALE: 1" = 60' crvn. ENCINEERS & L.\ND SURVEYORS 92038 78~ 1 EIGLEBERRY STREET JOB NO. Gn.ROY. CAUl1JRNIA., V!5020 1 OF 1 (4-08) 842-2113 SHEET NO. EXHIBIT "A" / I I :/ ~I ~, I / --,1 ., ,~I I g I I f ,'I '" I , I I , I I I I I 1,1 .1 I I , I I -' c . ...... ~ rm.a. c. 'Q40.0. SOff. ~ NIl f(;U5$ !'II~r Fl!\ tl$fIQ.l.'tNr f(J. 914t69 Cl\ (, ,., '" f '" @ ~ ~ I l'-l- 10' \Vloe reLf ,INe e^$eMeNf re~ eoOK IIt6 O~ 197 1 APN 790-36-05 G RRIES ASSOCIATES. I A PARTNERSHIP U1Ml<<l\ 0,760 /ol.U$ Cl\ ))'06. $O.ff ,"" OJ\EC.!UI ,JI $ 19"jj'JO' e ,Jt " 19"jj'JO' \V OI$fNU 7.J9' 7.)9' DA.TE: RE 1 - 6/10/94 - J' TEMP CONST EASEMENT MARCH 1994 PARCEL C PORTION or SUBLOT 43 MAP 8 LAS ANIMAS PARTITION ACTION NO. 5536 GURRIES SSOCIATES SCALE: JOB NO. SHEET NO. HANNA & BRUNETTI 1" = !-IJ' CIVIL ENGINEERS Ie J...\ND SURVRYORS 7851 EIGLEBERRY STREET GILROY. CALll'ORNIA. 95020 (408) lU2-2173 920Je 0,1 EXHIBIT "A" Official Seal of the city of Gilroy this 16th day of Mav ,1995. . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 95-38 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 M~ , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the (Seal)