Resolution 1995-40
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RESOLUTION NO. 95-40
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 790-36-006 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 790-36-006 (the "Pro-
perty");
WHEREAS, such construction activities will require the
City to secure the following interests in the property: a fee
interest in 1,162 square feet, and a 527 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. 95-40
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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
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. ~ 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. 95-40
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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 s 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 S 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 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 northwesterly corner of Parcel 5,
as shown on the Record of Survey filed for record in
Book 115 of Maps, at page 24, of said county's records;
1) thence along the northerly line of said Parcel 5 and
the southerly line of Parcel 9 of said Record of survey
North 88'50'30" East, 137.59 feet to the easternmost
corner of said Parcel 9, said corner lying on the
southwesterly line of Monterey Road;
2) thence along said Southwesterly line South 21'15'10"
East 25.30 feet to a point;
3) thence leaving said southwesterly line
North 61'44'54" West 31.51 feet to a point of curvature;
4) thence along the curve to the left, having a radius
RESOLUTION NO. 95-40
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of 10.00 feet, through a central angle of 29024'36", an
arc distance of 5.13 feet to a point of tangency, said
point being 7.00 feet southerly of the northerly line of
said Parcel 5;
5) thence
South 88050'30"
said Parcel 5;
parallel with said northerly line
West 111.54 to the southwesterly line of
6) thence along said
Parcel 5, North 19055'30"
of Beginning.
southwesterly line of said
West, 7.39 feet to the Point
Temporarv Construction Easement:
Being a temporary easement for construction purposes
over, on, and across the strip of land 3.00 feet in
width, adjoining, and on the southerly and southwesterly
side of the following described lines and extending the
entire length thereof:
Commencing at the most Northwesterly corner of said
above described Parcel D; thence along the northwesterly
line of said Parcel D, South 19055'30" West, 7.39 feet,
to the True Point of Beginning;
1) thence along a southerly line of said Parcel D,
North 88050'30" East 111.54 feet to a point of curvature;
2) thence along the curve to the right, having a radius
of 10.00 feet, through a central angle of 29024'36", an
arc distance of 5.13 feet to a point of tangency;
3) thence South 61044'54" East 31.51 feet to a point of
the southwesterly line of Monterey Road;
4) thence along said southwesterly line of Monterey
Road, South 21015'10" East 30.00 feet to a point.
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.
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:
'zMcMwJ
E. steinmetz,
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52-041704706027
RESOLUTION NO. 95-40
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CML ENGINEERS &: LAND SURVEYORS
7651 EIGLEBERRY STREET
GILROY. CAUFORNIA, 95020
(40e) 842-2173
PARCEL D
PORTION Of SUBLOT 43
MAP 8
LAS ANIMAS PARTITION
ACTION NO. 5536
SHELL OIL CO.
HANNA & BRUNETTI
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. 95-40 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
Mav
, 19...,2L,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 16th day of
Mav
,1995.
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City Clerk of the City of Gilroy
(Seal)