Resolution 1995-38
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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
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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
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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
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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
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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
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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
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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"
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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
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EXHIBIT "A"
Official Seal of the city of Gilroy this 16th day of
Mav
,1995.
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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)