Resolution 1995-39
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RESOLUTION NO. 95-39
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 790-36-014 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 790-36-014 (the "Pro-
perty");
WHEREAS, such construction activities will require the
City to secure the following interests in the Property: a fee
interest in 2,101 square feet, and a 166 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 9 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 I,
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,
RESOLUTION 95-39
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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
acquired is necessary for
project; and
to be
said
(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. sea. 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 95-39
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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 within the city of
Gilroy:
Fee Interest:
A Parcel of land in the City of Gilroy, Santa Clara
County, California, Being a portion of Parcell as shown
upon that map recorded in Book 356 of Maps, at page 7,
records of said County, and being more particularly
described as follows:
Beginning of the most Northerly corner of said
Parcell;
1) thence along the North line of said Parcel I, said
line also being the South line of Welburn Avenue, South
70000'00" West, 337.79 feet to the most westerly corner
of said Parcell;
2) thence along the southwesterly line of Parcel I,
South 20000'00" East, 5.00 feet;
3) thence leaving said southwesterly line, and running
parallel with and 5.00 feet southerly of the northerly
line of Parcell North 70000'00" East 305.11 feet to a
point of curvature,
4) thence along the curve to the right, with a radius
of 10.00 feet, through a central angle of 45000'30", an
RESOLUTION 95-39
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arc length of 7.86 feet to a point of tangency;
5) thence South 64'59'30" East 32.09 feet to a point of
curvature;
6) thence along the curve to the right, having a radius
of 10.00 feet, through a central angle of 44'59'30", an
arc distance of 7.85 feet to a point on the northeasterly
line of said Parcel;
7) thence along said northeasterly line North 20'00'00"
West, 37.69 feet to the Point of Beginning.
containing 2101 square feet of land, more or less.
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 and southwesterly lines of the
following described lines and extending the entire length
thereof:
Beginning at the most Westerly corner of Parcel 1
as shown upon that map recorded in Book 356 of Maps, at
page 7 records of Santa Clara County,
thence along the westerly line of said Parcel 1
South 20'00'00" East, 5.00 feet to a point;
thence leaving said westerly line, and running parallel
with and 5.00 feet southerly of the northerly line of
said Parcel 1 North 70'00'00" East, 295.11 feet to the
True Point of Beginning;
1) thence continuing running parallel with and 5.00 feet
southerly of the northerly line of said Parcel 1
North 70'00'00" East, 10.00 feet to a point of curva-
ture;
2) thence along a curve to the right, having a radius
of 10.00 feet, through a central angle of 45'00'30", an
arc length of 7.86 feet to a point of tangency;
3) thence South 64'59'30" East 32.09 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 45'59'30", an
arc length of 7.85 feet to a point along the north-
easterly line of said Parcell.
containing 166 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.
RESOLUTION 95-39
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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:
ATTEST:
Susanne E.
\284\187123.1
52-041704706027
RESOLUTION 95-39
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DATE:
MARCH 1994
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92038
1 OF 1
HANNA & BRUNETTI
crvn. ENGINEERS &I: I..AND SURVEYORS
7651 EIGLEBERRY STREE7
Gn.ROY, CAUFORNll. 95020
(.we) s.2-217::J
PARCEL A
PORTION OF PARCEL
8K 356 MAPS 7
FORTUNE DRY CREEK
GROUP
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JOB NO.
SHEET NO.
EXHIBIT "A"
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-39 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
Mav
,1995.
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City
(Seal)