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Resolution 1996-13 . . RESOLUTION NO. 96-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF PROPERTY AND DIRECTING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the City of Gilroy has undertaken to widen Leavesley Road (the "Project") 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; and WHEREAS, such construction activities will require the Ci ty to secure temporary construction easements and/ or fee interests in certain real property (collectively referred to herein as "Interests"), which Interests are identified more fully in Exhibits A - F, which are incorporated herein by this reference; and WHEREAS, the City had the Interests appraised and made written offers to purchase the Interests based on the appraisal amounts to the record owners pursuant to Government Code Section 7267.2; and WHEREAS, the City has unsuccessfully negotiated the acquisition of all of the Interests required to accomplish the Project; and WHEREAS, the City 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 1240.050, 1240.110, and 1240.120 of the Code of Civil Procedure of the State of California; and IRP.Y.102624.1 6Hl31104706()02 -1- RESOLUTION NO. 96-13 . . 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 gi ven a reasonable opportunity to appear and be heard before the City Council 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 least private injury; (c) Whether the property sought to be acquired is necessary for said project; and (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner(s) of record. NOW, THEREFORE, BE IT RESOLVED THAT the Gilroy City Council hereby finds as follows; Section 1. The Interests described hereinafter by Exhibits A - F are being taken for municipal purposes pursuant to the authority of the City of Gilroy under 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 1240.050, 1240.110, and 1240.120 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 Project. Section 3. The public interest and necessity require the acquisition of the Interests. IRPJ/3Il2624.1 61-031104706002 -2- RESOLUTION NO. 96-13 . . Section 4. The taking of the Interests is necessary for the completion of the road improvements to complete the Project. Section 5. The 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 Section 7267.2, the City has apprised the Interests herein described and made written offers to the owners 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 Interests by negotiation as required by California Government Code Section 7267.2. Section 8. The City is hereby authorized and empowered to acquire by condemnation good and sufficient title to the herein described Interests, all of which are located within the City of Gilroy. Section 9. The City Attorney is hereby directed to take all steps necessary to initiate actions in eminent domain and to obtain immediate possession of the Interests in property herein described. PASSED AND ADOPTED this 25th day of March, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APP~ Donald F. Gage, ~~~ ATTEST' If' ~e? Susanne E. Steinm tz, IRP..vJ02624.1 61-031104706002 -3- RESOLUTION NO. 96-13 U~/~l/~b U,;l~ ~- 141 0021 007 . . EXHIBIT A APN g.n-Ol-117 and APN 841-01-027 P.L and Catherine P. Barizon Bernard Panella John and Elleanor C. Bennetti, co-trustees do Dan Teresi 1509 San Ardor Drive San Jose, CA 95125 Compensation offeled: $1,600.00 Property Interests at iSSl.Ie: 1) 784 square foot temporary construction easement over APN 841-01-117 2) 943 square foot temporary construction easement over APN 841-01-027 A map and legal description of the property inter~ts follow. IRPJl302712-D1 6'~ OJ/~l/~b Oi:1H "a IoZI 003/ 007 . . EXHIBIT B APN 841-01-107 Robert J. and Lorraine E. Houret, trustees 21140 Almaden Road San Jose, CA 9S 120 Compensation offered: $3,800.00 Property Interests at issue: 1) fee interest in 211 squarc:feet of APN 841-01-107 2) 279 square foot temporary construction easement over APN 841-01-107 A map and legal description ofthe property interests follow. IRPXlll27,2.01 61412OO47D111D2 O~/~i/9ti 07:i9 u iIlI 004/ 007 . . EXHIBIT C APN 841-01-058 Tunothy R. Gorshe and Ronald E. Berry r:Jo Ronald Berry P.O. Box 1120 Morgan Hill, CA 95038 Compensation offered: $1.100.00 -Property Interests at issue: 1) fee interest in 28 square feet ofparcc! No. 52846-1 2) 863 square foot temporary construction easement over Parcel 52846-2 A map and legal description of the property interests follow. IRPJ3l2112.01 61.al2OO47OSl1l2 ua;~l/O~ u7:10 ti" 141 005/007 . . EXHIBIT D APN 835-{)1-019 Mr. Raymond C. Mulch P.O. Box 2266 Gilroy, CA 95020 Compensation offered: $900.00 Property intereSt at issue: 1) 1.306 square foot temporary constroction easement over APN 835-01-019 A map and legal description of the property interest follows. \RPJI3l2712,01 B14l2OO471l!lOO2 U~;~~/Yb UI:1Y .Q' 141 006/ 007 . . EXHIBIT E APN 835-01-022 James R. and MaIjorie A. Barrow 865 Portola Road Portola Valley, CA 94025 Compensation offered: $500,00 Property Interest at issue: 1) 402 square foot temporary construction easement over APN 835-01-022 A map and legal description of the property interest follows. IRPJIaCll712.01 61.o321lOt11lf1102 OJ/~i/96 07:i9 'tf ~OU7/UU'j . . EXHIBIT F APN 835-01-023 Manuel J. and Doreen E. Barraza 640 La Sierra Way Gilroy, CA 95020 Compensation offered: 514,600.00 Property Interests at issue: 1) fee interest in 1,063 square feet of Parcel No. 52845-1 2) 94 square foot temporary construction casement over Parcel No. 52845-2 3) (585 square foot temporary construction easement over Parcel No. 52845-3 A map and legal description ofthe property interests follow. \RPJ\1lI2712.01 61.o:li!OO47O!1Dl . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96 13 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 25th day of March , 19~, 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 28th day of March ,1996. ~~~ City Clerk of the City of Gilroy (Seal)