Resolution 2004- 85
RESOLUTION NO. 2004-85
A RESOLUTION OF THE CIfrY COUNCIL OF THE CITY OF
GILROY DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF A FEE
INTEREST IN THE REAL PRlOPERTY IDENTIFIED BY APNS
799-08-045 AND 799-08-04~, LOCATED AT 57 AND 67
SEVENTH STREET DIRECTIING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
WHEREAS, the City of Gilroy ("Cityt') Cultural and Performing Arts Center project to
be located at 6th and ih Street between Mont~rey Street and Eigleberry Street (the "Project") is
being undertaken for the purpose of constructilng a Cultural Arts Center and to further the public
health, safety and welfare; and,
WHEREAS, in order to accomplish t~ goals of the Project, construction activities must
necessarily take place upon certain real property located in the City, County of Santa Clara, State
of California, identified as APNs 799-08-045 :lLnd 799-08-046 (hereinafter referred to collectively
as the "Property"); and
WHEREAS, such Project will requir~ the City to secure a fee interest in the Property
depicted on the map attached hereto as ExHibit A and incorporated herein by this reference
(referred to as the "Interest"), such Interest b~ing described in Exhibit "B" attached hereto and
incorporated herein by this reference; and
WHEREAS, the City had the Interest ~ppraised and made a written offer to purchase the
Interest based on the appraisal amounts to the record owners of the Property pursuant to
Government Code Section 7267.2; and
WHEREAS, the City has been unsucc~ssful in its attempts to negotiate the acquisition of
the Interest; and
WHEREAS, the City is vested with th~ power of eminent domain to acquire real property
by virtue of Article 1, Section 19, of the Clonstitution of the State of California, Article II,
Section 200 of the City Charter, Section 4@404 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. 2004-85
WHEREAS, pursuant to the provls~ons of section 1245.235 of the Code of Civil
Procedure of the State of California, notice halS been duly given to all persons whose property is
to be acquired by eminent domain and whose mames and addresses appear on the last Santa Clara
County equalized assessment roll, all of wh9m have been given a reasonable opportunity to
appear and be heard before the City Co~ncil on the following matters as required by
Section 1245.230 of the Code of Civil Procedttre of the State of California:
(a) Whether the public interest and: necessity require the Project;
(b) Whether said Project is plaTI4ed or located in the manner that will be most
compatible with the greatest puplic good and the least private injury;
(c) Whether the property sought to Ibe acquired is necessary for said Project; and
(d) Whether the offer required by Government Code Section 7267.2 has been made to
the owners of record.
NOW, THEREFORE, BE IT RESOL\1ED THAT:
Section 1. The Interest as described ij.ereinabove is being taken for municipal purposes
pursuant to the authority of the City under:
(a) Article I, Section 19 of the California Constitution;
(b) Article II, Section 200 of the City Charter;
(c) Section 40404 of the Governm~nt code of the State of California; and
(d) Sections 1240.050, 1240.110 ~ seq. of the Code of Civil Procedure of the State of
California.
Section 2. The public interest and necessity require the Project for the purpose of
constructing a Cultural Arts Center and to further the public health, safety and welfare. The facts
which support this finding are further set forjth in the record, including but not limited to, the
Staff Report dated September 14, 2004, attacliled hereto as Exhibit "C" and incorporated by this
reference.
Section 3. The Project is planned or located in the manner that will be most compatible
with the greatest public good and the leas~ private injury, taking only such property as is
absolutely necessary to construct the improvements in order to accomplish the goals of the
Project. The facts which support this finding are further set forth in the record, including but not
limited to, the Staff Report dated September 14, attached hereto as Exhibit "C" and incorporated
by this reference.
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Resolution No. 2004-85
Section 4. The property sought to b~ acquired is necessary for said Project and will
require the City to secure a fee interest in the Broperty described in Exhibit "B." The facts which
support this finding are further set forth in the record, including but not limited to, the Staff
Report dated September 14, 2004, attached; hereto as Exhibit "B" and incorporated by this
reference.
Section 5. Pursuant to California Government Code Section 7267.2, the City has
appraised the Interest, and has made written offers to the owners of record to acquire said Interest
based on the appraised value for the Interest. [he facts which support this resolution are further
set forth in the record, including but not limited to, the Staff Report dated September 14, 2004,
attached hereto as Exhibit "C" and incorporated by this reference.
Section 6. The City has made ev~ry reasonable effort to acqUIre the Interest by
negotiation as required by California Gove~nt Code Section 7267.2.
Section 7. The City is hereby authorized and empowered to acquire by condemnation
good and sufficient title to the Interest, all of which is located within the City.
Section 8. The City Attorney is hereb~ directed to take all steps necessary to initiate an
action in eminent domain and to obtain immedliate possession of the Interest.
PASSED AND ADOPTED this 20th dajy of September 2004, by the following
AYES: COUNCILMEMBERS:
CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
GARTMAN
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
~~-
Albert Pinheiro, Mayor
g:;/d~ Qu~~'
Rhonda Pellin, City Clerk
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Resolution No. 2004-85
SEP-15-2004 12:58
BERLINER COHEN
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ADJACI;;NT PROPERTY
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tD. SITE PLAN
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SCHEME 3A. GILROY CULTURAL AND
CONCEPTUAL_$ITE PLAN PERFORMING ARTS CENTER '
08 DECE~BER 2002 ___._.. Jsfa
~IBIT A
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Order No:
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A
1. The estate or interest in the land hereinafter descn or referred to covered by lhis report is:
A FEE
2. Title to ~d estate or interest at ~e date hereof is ~teld in:
Baleri<ma Oyao, An. ~ied Woman
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3.. The b.ud ~d to in this teport is situat~d in the Sta~ of Caoronna, County of' SANTA <<:LARA
and is described as fonows: .
.ill. that' C;~ain ReiU ProP~i"ty. .in' the' ci~ of, Gi:iroy," cmmt;y o:t santa: '.CJ.aia, .
State, of. C4lifo~a, descr~ed as fo~low~:
".. .
. .
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. . .' . .. . . ~ .! I _ .
.~eg~ at a point ,:in the NO:rtherly sidra of Bevent:,b. Street "i,n the City of . .'.
Gil;:Oy, d1.stant ther~on 77 ~24' .feet kst~~ 'f'r~ the po1?t.', of' :l.1:I:~,erpe~t.t~ '?f" , .:.:. _ .;
the Northerly' line of. Seventh street wi~ the RaJiterly .line of' .E1gleber::r:'y.'- . .' . '.\ _'
. Su:eet, 'and ~g th~~e '~ortherlY '~d ~'ong the west'erly lbie: ,?f 'Lot b- ~., '..., '_.
. ~l~ 1 ~OUth, Range. 'i Wes't of: the C:ley ~. ~1~:r;Oy, ~a ~ ~. is )~~ on .
:Map 'No~',S 'aCCOmpany:ing the .report 01; tJ;l.e ~~er~es J4 th6 putit~~ri .sUit;. ~f "
Bem;-y .Mi~ler. et al.......s.. ,Massey 'Thcima.s; :et ~.; .in the Superior 'cotii:'t of' the _ ,
" coUi:iti ~f Santa .Clara;- S~ate ,C;;~. ~i;fornl~;..a.~ distance, 9f~ 61. 7~'.:f~e~~..:.~~ce'.:' ::' :.:
~zf~e~;LY'.~~ alOng the 'No~eriy'i.iiie of ~ald Lot 13"a:.d.iB.t~e..~f:~25,''f~'e~!.'' :~:;' -.':=.'.'-
. thence 'Northerly and aloug'the. ,West'e:rly. J.jUie of said Lcit .13 &l'Qj.Stance:'o:t. _' '.,..:
. 33~30 feet;' theuce"at riglit"ei:ngl~S 'Easterjl.y.U.90 feet-,: theiiC:El~southeriy_so. ~ :.,.:...-. _;..
'.' .. . . '" . - '... . . ~. - . '.. . } ,
:;eeet, 'mbl:'I!' or '1es's~, to a. pOint ~ the ~ortlie~ly line. of S~venth., Street .3.7' '. ..:. ..:, _ ,.
feet Easteri.i .from the poi.ri.t 'of :aeghi.ni.Jig~ aud thence :westeriy and aJ.ong' the " ..
Nort.h~rly liile of Seventb'Street 3'7 'feet eo the pla.ce of begim:d.ng, 'and,'bewg,
a part of Lot 13 .in Block 1 South, Range'i West of the city of,'Gilroy.
~
EXHIBllT B
,.-1Uf:S1/lmlll
1
'DESC
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BERLINER COHEN
."JIttt.I'-'
ON
All that certain Real Property
State of California, described
GiJ.roy, County of Santa Clara.,
Portion of. Lot 13, in Block 1,' South ge 1. West, a.s shown on Map No. 5
a.cCODIpanyiug report of the comnUssione:r in l:I~ Miller et aI, .Plainti.t.ts/, Vs.
Massey Thomas,. et ~l, Defendants. in ~h Supe+1or Court of the State of
caJ.ifoJ:Uia, ~ and for the County ot. S~l:a Clilra, Case No. 5-5:36,' arld more
pa:rticula:r~y desc:i:'i,bed as follOws: .
Eegi..ml.bJg at a point On .the NOrthwesterlY line of Seventh. Street I distant thereon
114.24 feet from the point' of interseot~on of the said Northwesterly line of
Seventh Street with the 'Northeasterly It,ue of Ei9'l~e:rry Street. as .said Str;eets
are shown upon the Map' above referred tCil; said Point: of 'Beg:im1.h1g usa being the
Easternmost corner of that certain parcEIll o~ la.nd. described in the I;leed from. Mary
Berri, a widow to Florinda. Benson, dated March 23, 191J.: aztd recorded Ap:dl 14, . .
1911 :tn Book 370 of Deeds, Page 163; ~ing theI:l.ce Northwesterly aJ.ong th.e
Northeaste:rJ,.y ~ine Of .the 1;;rQc, eo descr.i)bed: in the' Deed, to said :e~on. 96 feet;
moi~ or le~si to the Northe:cmost comer Ithereof; iu%ining" thence southwesterly
aJ.ong the Northwesterly liI:1e of tli, ~an4 so described in the Deed to said Benson
~4.eo feet to the Southwesterly 'line of ILOt '13 in Blo~ 1 South ~ge 1 Westr as
said :tot, Biock' and Range are 'shown upon the Map above referred to; ~g
thence Noithwesteriy'along said ~B.$t' n~a. line 1'3' feet to 'the Northwest~rly
c<;lrner thereof; ;nmn!ng thence No:rtheastie.rly' along. the Nort:.Jiwes terly.. ~ine Q:f said
Lot 13 a 'dil;'!tance 9f 44 -26 fee~ to ~~ S~uthwesterly line of an alley J.2 feet: in
width, as. sa.1d line was established by the Deed frCll'lJ. Mazie Ee:r::t'i, a. widow, to the
City of', Gi~roy, A MUnicipal. Cozporation, dated Febru.a%y 12, l.SOB recorded March
8, 19Q8 in Book: .33~ of Deeds, Page 596, Santa Clara County Re.~ords; ,:nmning
theuc:e Southeasterly along the 'Southwestl!!rly liJ:1e of said aJ.~ey J.07. 20 feet too
the No:rtb.'we~terly line of Seventh Street!; rwming thi'mce Soutl:L~esterly a.1ong the
said Northwesterly l.ine of s~ven~ stree~. 35.74 ~eet to tb4 point of Begim:J.i.D.g.;
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BERLINER COHEN
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CITY OF GlLRO
S AND PARKS DEVELOPMENT MANAGER
TO:
THE MAYOR AND CITY
FROM:
BILL HEADLEY, FACIL
RE:
STAFF REPORT - RESOL ION OF NECESSITY DIRECTING
ACQUISITION OF OYAO Jl>>ROPERTY BY EMINENT DOMAIN FOR THE
GILROY CULTURAL AND! PERFORMING ARTS CENTER
(57 AND 67 SEVENTII Sl$ET )
September 14, 2004
DATE:
RECOMMENDED ACTION:
It is recommended that the City of GjilIoy ("City'') City COlUlcil adopt a Resolution of
Necessity making the findings and detenninalio~ herein described, each of which is supported
by substantial evidence as is set forth mote fully below, and direct the City Attorney to
commence an action in eminent domain to acquire the subject property.
BACKGROUND:
The proposed property acquisition inc~udes 6,329 square feet of residentially zoned real
property that exists as part of the 2.3 acre p~posed Gilroy Cultural and Performing Arts Center
(the "Project") site, which will occupy appro~ely 2/3 of the City block immediately north of
Seventh Street between Monterey Road and E!gleberry Street in central Gilroy, California.
The property is owned by Baleriana Oyao ("Owner"), The Oyao property is two (2)
privately owned parcels required for this ~ject ("Oyao Property''). The Oyao Property is
indicated on the site plan attached hereto as E~bit "l" and is more particularly described in the
legal description attached hereto as E:x;hibiti '42." The Conceptual Site Plan Scheme 3A is
, provided as Exhibit "3," Exbibits "'1," "2" land "3" are attached hereto and are incorporated
herein by this reference.
Before eminent domain proceedings ~ay commence, the City Council must determine by
a Resolution of Necessity that the public in~erest and necessity require the acquisition of the
Dong Property. The Resolution of Necessity ptust con~ declarations that the City Council has
found and detemrined each of the following: '
1) The public interest and necessity ~uire the project;
2) The proposed project is planned orl located in the manner that will be most compatible
with the greatest public good and ~e least private injury;
3) The property described in the resolution is necessary for the proposed project; and
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EJPlIBIT C
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4)' That either the offer required by ection 7267.2 of the Govenunent Code has been
made to the owner or owners of ~rd, or the offer has not heen made because the
owner cannot be located with re nahle diligence.
As is set forth below, each of these fin . gs and detenninations should be made.
1) THE PUBLIC INTEREST AND NE SSITY RE illRE THE PROJECT
The public interest and necessity require the Project. The construction of a centrally
located and accessible 28,000 square foot m~1ti-use Gilroy Cultural and Perfonning Arts Center
involving 130 on-site parking spaces meets llie Gilroy General Plan and Park and Recreation
System Master Plan goals adopted by the Cityj Council June 13~ 2002. ,
2) THE PROPOSED PQOJECT IS PLANNED OR LOCATED IN THE MANNER
mAT WILL BE MOST COMPATJBLE WITH THE GREATEST PUBLIC
GOOD AND, THE LEAST PRIV A11;E INJURY
The Project is planned or located in tlle manner that is most comp"atible with the greatest
public good and the least private injury.
On December 12, 2002~ the City Co~cil approved the Project's site location (Conceptual
, Site Plan Scheme 3A) recommended by the iGilroy Performing and Cultural Arts Center Task
Force (''Task Force''). This Task Force was e$tablished by City Council in 2001~ and represented
the general Gilroy community, members of tle local cultural and performing arts organizations,
various City commissions, and City staff. The Task Force was guided and facilitated by the
consulting firm of Fisher and Associates of $an Francisco. The Task Force reviewed, verified
and updated prior cultural and performing atts needs analysis followed by fmdings with final
facility recommendations. The Task Force tlien began a site selection process wherein the Task
Force identified 22 key site selection criteria, !which were then applied to 21 sites throughout the.
City. Off-site as well as on-site requirements I were analyzed by City st~ civil engineering, real
estate consultant and the Task Force. .
Consideration for alternative sites for the location of the Project was part of the site
selection process. AI; part of the site prioriti21ation process, the Task Force applied an additional
alternative site review for the three top ranked sites.
Two of the three alternative sites wer~ in the downtown area, hut both of these sites had.
. greater development impacts because of acce~s and railroad line conflicts than the site alternative
selected. The site altemative selected had mqre than 50% of the proposed site as vacant land or
vacant buildings, which resulted in the least fmlount of overall demolition impacts. One of the
three alternative sites possessed a greater am~unt of vacant land, however~ it was a much larger
site than necessat'yt and also had large abandoned cannery facility that presented major site
demolition impacts. As a result of the abov. a.naJ,ysis, the alternative process and site findings
analysis determined that the Monterey Eigleberry site provided the least development impacts
and the greatest public benefit. Further, the Monterey Eiglebeny site results in overall less land
SEP-15-2004 12:59
BERLINER COHEN
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4089382577
P.10
to be acquired and therefore satisfies the pub lie necessity for the Project with the least private
injury. The Monterey Eiglebeny site recomrr endation, which would not only meet the greatest
City need and but also met the approved site selection criteria, was made by the Task Force to
City Council at their'December 12,,2002, meeing.
3) THE PROPERTY DESCRIBED IN IrIllE RESOLUTION IS
NECESSARY FOR THE PROPOS1~D PROJECT
The property described in the Iesolutiop is necessary for the proposed Project. The Gilroy
Cultural and Performing Arts Center requires I important public access and a central community
location. Further, the proximity to downtoWDi and public and private visitor services is best met
and provided by the Monterey Eigleberry site for the Project.
Before City staff determined to purs'!1e the acquisition of the Oyao Property, several
properties were studied. The Oyao Property described in the resolution is a portion oCtile overall
Project site selected, which was determined to provide the greatest benefit and with the least
impact. The amoWlt of property proposed ~o be acquired has been reduced because of the
selection of the ,Monterey Eigleberry site, htstead of the tWo other alternate sites previoJJsly
reviewed The Monterey Eiglebeny site resuls in overall less land to be acquired and therefore
satisfies the public necessio/ for the Project and with the least private injury.
4) THE OFFER REQUIRED BY SECtION 7Z67.'2 OF THE GOVERNMENT CODE
HAS BEEN MADE TO THE OWN~R OR OWNERS OF RECORD
The offer required by Section 7267.21 of the Government Code has been made to the
owner or owners of record. '
On or about June 4, 2003, the City's r$l estate consultant, Lance Gilbert, delivered to the
Owner's power-of-attorney, Mrs. Hammett, ~e City's Valuation Swn.mary Statement and a draft
copy of an Agreement for Purchase of Real Ptoperty. The City's Valuation Summary Statement
contained the fonnal \Vritten offer from the qty to the Owner, which was based upon a written
appraisal obtained for this purpose. '
,There were numerous contacts or attempted contacts with the Owner's legal
representative(s) after the first offer. H(j)wever, the continuing .dispute over the legal
representative(s) for the Owner, and then tht:! death of the Owner, the acquisition of the Oyao
Property has gone unresolved.
The City Attorney's office on Septemb!er 3, 2004, sent certified letter to the Owner's legal
representative advising him of the City' s No~ce of Intention to Adopt Resolution of Necessity
for acquisition of the property by eminent dOnlain.
The City Attorney recommends that the eminent domain proceedings go forward and this
Resolution of Necessity be adopted.
i
SEP-15-2004 12:59
BERLINER COHEN
4089382577
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CONCEPTUAl ITE PlAN PERFORMING ARTS CENTER '
08 DECE BER 2002 _....._._... Jata
SEP-15-2004 12:59
Order No:
.943568 l'JJc
4089382577
P.12
1 Exhibit #2
" ...
A
1. The estate or intef'eSt in the land hereinafter de:icno or referred to covered by this report is:
A FEE
2 Title to Said estate or interest at ~e date hereof is \'e$ted in:
Ba.l.eriaJ:1a Oyao I An, vninarried. Woinan
3. The bnd i-efc::rTed [0 ii1 this report is ~ruated En the Sta~~ of Califonna, Cmmr.y of' ~~' ~
, and is dc.scnbed as follows: ' ,
Ail that ~ertait1 Rea~ Pi-oP~i:ty. in'the C;ty of Gilroy; cOUJ'J.ty of Santa: '.C~aia, ,
Sta.t'e. of. california, described. as fo~lolflS;
., '
, .
:;B~~~' at a pOint,~ the Northa:C:ly s4,de of 'Se~enth Str~et "in the City of . ,'.
Gi.lroy distant thereon 77.24" ,feet E'ast~ly 'from the point". of' !nt.erf>ect.tcn . of" . . >- . '.=
the Northerly' Une of. Se~e:c.th Street with the Easterly.'line ot Eigleber:ry..: , . ,'..... '.
. str,eet, 'and ~g th~ce 'Northe:t"ly an4, a.long the We$t'er~y li.zie: of "Lot 13. ~" '" .'
. Bl?d#. 1 South, Range.'! We.i;it ~f.the City of Gi~~oy, <is ';be SBmtf is".~~wp on, ..'
::Hap 'No~' 5 'aceomp'anying the ,report of' th~ refEU."ees .ii:I. t:.h6 partition 'Suit. of
.HenrY.. Miller. et al.' VB'. ,Mass'ey: ~!J.cima.s, : etj. a..i: ~ in the Superior' Co:ur't ~f'. th!e '. ,
County of:: Santa>Clara," Stat'Q'o'i; CaJ.ifoJ:Il,la".a.' distauce of, 61'~7o'.fe'et';::~ence' .' -:' :_,
'. ~ste:l;':J..Y aP.d a.lOng the NortherlY: i~e o~ said Lot 13' a' d:i.~tance. of ,~~'s 'f~~e~l,' : ':,: ..'::......
. t:h~ce 'Nort1ie:r~y, ~d alons': ~e. ,W~sfel;"ly i~Lie of. said ~.~ .13. .al:91~t~ce.:'~f.".. _.:...' ': .'
. 33.39 feet; thence at right ai:1gl'es'East~rly'1.2.80 feet.;. thence.Southerly.90.. ': :......... ,,' .
:;eet, 'l!1ore"or 'l:ess~'. to a.'PO.1nt ;in the ~~rt.hei-ly line. of S~?erith, St:re~t .3,7' . ',' :.: .'/'...
feet ~asterli ,frOm the Point 'of Ileg~; ~d thence :wester~y and along' the, . .'."
Northerly line of Seventh .street ':i7 'ieet: to the place of beg:ilming, 'and,'being.
a pnt of Lot 13 in Block J. South, R~9'e i West of the city oi". 'Gilroy.
SA ,.10/ll1/8?b11
SEP-15-2004 12:59
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BERLINER COHEN
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P.13
Exhibit #2
~
ON
UI that certain Real PToperty in the C ty of Gilroy, county of santa Clara,
Stat. of Calixornia, described as foIl s:
9" J. West, as shown on Map No. 5
~ Hetl%y Miller et ..L1, Pla:i.ntiffs,
Supe;-'ior Court of the State of
ta Cla~a, Case NO. 5530, ~d more
Vs.
Portion oi:, Lot 13, in Block 1,' South R
accompanying report of the cOmnUssioner
Ma.ssey Thomas, et ~l, Defendants, in th
Calitorn.:i.a, in a.t1d for the County of 5
particularly described as follo~s:
Ileginning at. a point on .the Northwesterliy liDe of Seventh Street:, distant thereon
114.24 feet from the point' of intersect~on of the said Northwesterly line of
Seventh St~eet with the NOTtheasterly l~e of Eigleberry Street. as said Streets
are shoWI:l upon the Map above referred t~i said Point o:f Begimli.ng' a1.so' being the
Easte.l:'1Jmost corner of that certain parce,J. of land described in the Deed from Mazy
Beni, a. widow to Florinda Benson, da.tedi March 23, 191~. and recorded April 14, . '
J...91.~ in Book :no of Deeds, Page J..6'3; ru:o.ping thence Nor:thwesterly along the
Northeasterly line Of the land so descriped in the Deed to said Benson 96 feet;
mOre Or ~e~s, to the Norther.most coiner ~ereofi iucining thence Southwesterly
along the Norehwe$terly line of tli~ land! so described. in the Deed to said Benson
12.80 feet to the Southwesterly liue of ~t 13 in Block 1. South ~ge ~ West, as
said Lot, .:alock and Range are 'Shown UpoUi the Map ,abov-e referred to; run;n...ing
thence NorthwesteriY'along said last named line 13' feet to'the Nortb:weste;rly
corner thereof;. runnin'g thence Northeast~ly'along. the Northwesterly: line of said.
Lot 13 a diE1tance ~f 44.26 feet to the Stluthwesterly line of an aJ.ley J.2 feet in
width, as, said line was established by ~e Deed frOl1l Marie Ber.ri, a widow, to the
City of Gilroy, A Mu.t:l.icipal Corporation, dated February 12, 1908 :recorded March
a, ~908 in Book ,338 of Deeds, page 596. $anta Clara COUllty Records; ,runIling
thence Southeasteriy along the 'Southwest~ly liJ:1e of said aJ.ley 107.20 feet to
the No:rttl:we~terlY line of Seventh Street~ :t1..1mll.ng thence South~ester~y along the
said Northwesterly line of seven~ Streell=-. 3S. 74. ~eet t~ the. ~oi:c.t of Begi.cning.:
':
Desa:.1c -1::J1Ilt/71 M
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SEP-15-2004 12:59
BERLINER COHEN
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GIl..ROY CULTURAl. AND
PERFORMING ARTS CENTER
-...;.-,-........ jsfa
I, RHONDA PELLIN, City Clerk of t~e City of Gilroy, do hereby certify that the attached
Resolution No. 2004-85 is an original resolutipn, or true and correct copy of a city resolution,
i
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of September, 2004, at which meetiqg a quorum was present.
IN WITNESS WHEREOF, I have her~unto set my hand and affixed the Official Seal of
the City of Gilroy this 23rd day ofSeptember,i 2004.
~~.
City C'erk of the City of Gilroy
(Seal)