Resolution 1996-13
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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
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RESOLUTION NO. 96-13
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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.
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RESOLUTION NO. 96-13
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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,
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RESOLUTION NO. 96-13
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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City Clerk of the City of Gilroy
(Seal)