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Resolution No. 85-34 ~ ,.' ,- .NO FEE per GC See. 6103 84335~17 fJt~ ~7- 1 / 351 ~ / CA 1j-tJ~ ....~. 1"- --0 ."'.~ L .~: " "0 DH Jt:,": J 368PAGE1230 CCc, 1 ~ J If' Ir} ~!l~ UN ] Ii 5~~ Id 1985 RESOLUTION NO. 85-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING REDUCTION OF ASSESSMENT, AUTHORIZING EXECUTION OF QUITCLAIM DEED, AND ORDERING REFUND OF ASSESSMENT INSTALLMENTS PAID, WITH INTEREST i i RESOLVED, by the City Council of the City of Gilroy, California, that WHEREAS, following proceedings conducted by said City pursuant to its Resolution No. 81-93 of Intention to Acquire and Construct Improvements adopted by said Council on October 5, 1981, ROBERT and CELIA JAIME commenced litigation in the Superior Court in and for the County of Santa Clara, with respect to an assessment upon their real property for street improvement purposes; and WHEREAS, the parties desire to settle and compromise their differences and disputes without an admission of liability; NOW, THEREFORE, it is hereby determined and ordered, as follows: 1. Assessment No.2, levied in said proceedings against Assessor's Parcel No. 790-16-030 be, and it is hereby, reduced from $15,798.33 to $0.00. 2. The Engineer of Work in said proceeding be, and he is hereby, directed to make such change either on the face of the Engineer's Report or by filing an amendment thereto. 3. The City Manager of said City be, and he is hereby authorized and directed to execute on behalf of the City of Gilroy, a quitclaim deed to ROBERT and CELIA JAIME of that certain real property heretofore acquired as a part of said proceedings and more particularly described and shown in the Exhibit and map attached hereto and by reference incorporated herein. I:' 4. The Director of Finance of said City be, and he is hereby, authorized and directed to refund all assessment installments of principal and interest heretofore paid by ROBERT and CELIA JAIME on account of said assessment previously levied, together with interest at RESOLUTION NO. 85 - 34 . ,'- ., . J 368PAGE1231 the rate of ten percent (10%) per annum from the date of payment of each of such installments to the date of refund of said installments as herein prov ided. 5. Each of the foregoing items shall be subject to receipt by Wilson Morton Assaf & McElligott, city's Bond Counsel, of a Dismissal with Prejudice of the aforesaid litigation, and an agreement that each party shall bear its own costs and attorney's fees therein. 6. The City Clerk of this City is hereby directed to file a certified copy of this Resolution with the City Manager and Director of Finance of said City, and to cause recordation of a certified copy hereof in the official records of the County of Santa Clara. * * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy on the 3rd day of June , 1985, by the following vote of the members hereof: NOES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN. COUNCILMEMBERS: None AYES: ABSENT: COUNCILMEMBERS: None ~ City C erk City of Gilroy APPROVED: /;(~/l~ (SEAL) RESOLUTION NO. 85 - 34 -2- J 368PAGE1232 .-'.- ....-.-- "-. All that certain real property lying within the City of Gilroy, Santa Clara County, State of California, described-as follows: Being a portion of Lot I Block 9, as shown on that certain map - entitled "Map of-North Gilroy Tract" which was filed for record in the Office of the Recorder of the "County of Santa Clara, State of California, on October 3, 1927 in Book "W" of Maps at Page{s) 14 & 15; being a parcel of fand-fordedication to the -City of Gilroy for street and roadway pu~poses,_being more particularly described as follows: . - Beginning at a point on the -northerly boundary of Ronan Avenue (40' wide) at the point of inte~section with the-common line of Lot 1 and Lot 2 of said "Map of North Gilroy Tract"; _thence along said northerly boundary of Ronan Av~nde - I. N BBo 35' 00" E, 208.65 feet to a point; then"ce departi~g said northerly boundary of Ronan Avenue 2. NOlo 25' 00" W, 10.00 feet to a-point; thence along a line parallel to said northerly boundary of Ronan Avenue and 10.00 feet distant therefrom 3. S B80 35' 00" W, 208.65 feet to a point thence 4. SOlo -25' 00" E, 10.00 feet to the POINT OF BEGINNING. Said Parcel of land containing: 2087 Sq.Ft. More or Less. .~) -. -- _ _~:h"" 'I_V~"~\ ,~_~.~...."" ~~",?~r;:.;r_.~,~,":""'" _ -, 'I_ ~.' ,. ~ . J 36 8PAG E 1233 I 208.65 II 5 4 It) BLOCK~ - - 10 . w .> <t 5 4 It') N o o BLOCK z 9 EXHIBIT- A R/ W DEDIC AT ION MH engineering Co. NAME: ROBERT A. a CELIA JAIME ~ II - - - ,'; - CD - C CJ en z w.... ~I 2 I_ N.88035'~''E. - 208.65 RONAN AVE.20' 225 Sixth Street. Suite B .P.O. Box 1037 Hollister. CA 95023 637-1645 Subdivisions ASSESSMENT NO. 2 Land Planning ,. . $_uIVeys ASSESSO-R'S PARCEL-NO. 790-16-030' J 368PAGE1234 I, SUSANNE E. STEINMETZ-, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 85-34 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of June , 19 85 , iI.t 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 4th day of- A]u-~ ~C1erk of - (Seal) June 19 85