Filippi, Frank - Agreement in Lieu of Power of Eminent Domain
Upon recordation r'1a i 1 to:
City of Gilroy
7390 Rosanna St.
Gilroy en. 95020
6507753
E 813 r!~: 249
Recorded at the reQuest of
LQlvpers Title lnsumnce Corp.
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GEORGE A. MANN, Recorder
&uta flam Wullly, Official Records
LAr,rYFRS TITLE INsurV\NCr,
GY4027 SJ68299
AGREEMENT IN LIEU
OF THE EXERCISE OF THE
POWER OF EMINENT DOMAIN
BY THE CITY OF GILROY
WHEREAS the City of Gilroy, a municipal corporation, referred
to herein as City, requires a sanitary sewer easement over the lands
held by the Lawyers Title Insurance Company, in trust for the persons
herein designated as "Owners."
WHEREAS the Owners refuse to sell any right, title or interest ~II
ln said land or appertances. j)ff
WHEREAS the City, by the authority vested in it and by resolution
adopted of initiating eminent domain proceedings, pursuant to notice of
intention dated February 28, 1978, will proceed to condemn and take
said property, notwithstanding Owners refusal to sell. See Exhibit "B."
Now therefore, this accord has been reached first to avoid
protracted litigation and its consequent costs and, second, to fix
damages sustained by Owners by the forced taking by the City.
a. The property herein referenced is located
south of Leavesley Road, Gilroy, California,
more specifically described under Exhibit "A"
attached hereto and by this specific reference
made a part hereof.
b. Damages suffered by Owners by the forced taking
is calculated to aggregate the sum of $16,500.00
and City agrees to pay Owners said sum on finalization
of this accord with legal interest on any delay in
payment of the condemnation money.
c. City agrees to hold Owners, their assigns or
representatives, harmless of damages resulting
from the City's or its' contractor's or agent's
acts of negligence throughout the City's construction
contract covered under this agreement and to compensate
any losses suffered by the owner's agricultural tenant,
by negligence or otherwise, including any damages to
crops, buildings or other appurtenances under lease;
and to remove from the premises any debris or residuals
resulting from the construction process or project and '.,si
shall leave the premises in a condition suitable for
farming purposes.
d. The City grants to Owners, their assigns or heirs,
the right to connect future urban development of their
lands, affected by this project and subject of this
agreement, to the sewer interceptor pipeline, at any
"manhole" or "breather" connection along its course.
e. The City further agrees that any future repair to the
interceptor, or any portion thereof, subject of this
agreement, shall be repaired at the City's sole cost;
including any damage such repairs may cause to any structures,
street facilities or landscaping, belonging to Owners, their
heirs and assig-ns.
f. The City shall. bear any and all costs necessary to close
this transaction including pro-rated taxes from the
date of entry to the date of closing.
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g.
City agrees to hold Owners harmless from any and all
claims made by the agricultural tenant, Lawrence B.
Benassi, by virtue of the destruction of the two story
farm house or by any other aspect of the construction.
IN CONSIDERATION THEREOF:
a. Owners hereby grant to the City a permanent easement
fifteen feet wide, and a working or temporary
easement, fifty feet wide, the later to expire with
the completion of the project and in any event six
months from date. The precise grant is more
particularly detailed and set forth in Exhibit "A"
which is made a part of this paragraph by incorporation.
b. Owners further grant to the City the right to dismantel
and remove from the premises the two story farm
house impeding construction.
The above accord shall constitute the City's full and final
obligation by virtue of the City's taking of Owners property
described in Exhibit "A."
IN WITNESS WHEREOF this agreement is executed by Frank J. Filippi,
for himself and other parties in interest for whom he has power to
act and shall become binding upon approval by the Gilroy City Council.
DATED: This ~5'f~ day of August 1979.
OWNERS:
LAWYERS TITLE
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D EXECUTED BY:
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Ass,~~'~nt ,~Si'e tan
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App oved by City Council
STATE OF CALIFORNIA
County of Santa Clara
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On this 20th day of September~ in the year one thousand nine hundred and
seventy nine~ before me~ SUSANNJ! E. STEINMETZ a Notary PubZic~ City Clerk, City
of Gilroy~ St&te of California~ duly sWorn~ personally appeared FRED O. WOOD
known to me to be the CITY ADMINISTRATOR OF THE CITY OF GILROY and NORMAN B.
P99Ijfi{gH ikni9pYl to me to be the MAYOR OF THE CITY OF GILROY~ the corporation
del1cri]J?idin.'andthat executed the within instrument~ and also knouJn to me to be
tfte [Jfj:!"sonswho' executed the within instrument on vehalf of the corporation
":phete'fn named; and, acknowledged to me that such corporation executed the same.
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;.:. :IN WITNESSflHEREOF I have hereunto set my hand and affixed my official
'8eC~J'6;t:the City':"of Gi lroy in the County of Santa Clara the day and year in this
<Yi?~~i\:;ate...f:i~ft above written.
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City CZerk~ City of Gilroy~ State of CaZ'
per Civil Code Sec. 1181; Government Co e
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EXHIBIT "A"
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DESCRIPTION OF SANITARY SEWER EASEMENT TO BE ACQUIRED BY THE
CITY OF GILROY OVER THE LANDS OF LAWYERS TITLE INSURANCE CORP.
BE ING a port ion of the Lots I and 4 as shown on I'Map of the
Subdivision ot the Elizabeth H. Martin Tract", which map is
filed fOl' record in Book 'IF" of Maps at Pate 31, Records of
Santa Clara County, California, and being more particularly
described aj follows:
Parcel One
An exclusive easement for the installation and maintenance of
an underground sanitary sewer pipel ine under, over, on and
across a strip of land 15.00 feet in width, the centerline of
which is more particularly described as follows:
BEGINNING at a point in the southeasterly I ine of Leavesley
Road distant thereon S.64037'38" W. 390.00 feet from the most
easterly corner of that certain 32.737 acre parcel of land
described as Parcel 3 in the Deed to the State of Cal ifornia
recorded February 25,1971, in Volume 9231 at page 165, Official
Records of Santa Clara County, and running thence S.25022'22" E.
4.89 feet, 5.48021'02" W. 146.99 feet, S. 32058'39" W 73.96 feet,
5.17036'22" W. 399.84 feet, 5.13006'49" W. 212.00 feet and
S.7034'15" E. 212.00 feet to a point that is N.]I020'52" E.
7.50 feet from a point in the northeasterly I ine of said
32.737 acre parcel (now 101 Freeway) that is N.66028'23" E.
204.81 feet from Stat ion 389+75.23 on the "E" I ine of the
Survey for said Freeway; thence continuing parallel with the
northeasterly I ine of said 32.737 acre parcel and Freeway
5.18039'08"E. 1009.48 feet to a point that is N.68054137" E.
7.51 feet from a point in said northeasterly line that is
N.66028123" E. 119.00 feet from Station 379 + 69.10 on said
"E" I ine; thence continuing parallel to said northeasterly line
5.23031'37" E. 1981.00 feet to a point that is N.66028'23" E.
7.50 feet from a point in said northeasterly line that is
N.66028'23" E. 119.00 feet from Station 359 + 87.78 on said
"E" line; thence continuing along a line that is parallel with
and 17.50 feet northeasterly (at right angles) from the line
Common to Ranchos 5an Vsidro and Las Animas, as shown on said
10 a p, 5. 3 2 0 0 7 I 30 II E. I I 8 7 . 1'2 fee t, 100 reo r I e s s, t 0 ani n t e r see t ion
with the northerly line of Gilman Road as realigned and described
as Parcel 2 in the Deed to the State of California recorded
February 25. 1971 in Volume 9231 at page 165. Official Records
of 5anta Clara County.
Parcel Two
A temporary easement for the purpose of construction of a sanitary
sewer in the easement above described over, on and across a strip
of land 50.00 feet in width adjoining the southeasterly and north-
easterly I ine of said easement and extending from a point in the
southeasterly I ine of Leavesley Road that is 50.00 feet easterly
of the point of beginning of said easement to the northerly line
of Gi Iman Road.
EXHIBIT "A"
E .813 P!G: 254
DES C 1< I P T ION 0 l" SAN I T A 1< Y SEW ERE AS E MEN 'I' TO BE A C QUI RED BY T Ii E
CITY OF GILROY OVER THE LANDS OF LAWYERS TITLE INSURANCE CORP.
BEING a portion of Lot 4 as shown on "Map of Subdivision of
the Elizab~th H. Martin Tract," which map is filed for record
in Book "F" of Maps at page 31, Records of Santa Clara County,
California, and being more particularly described as follows:
Parcel One
An exclusive easement for the installation and maintenance
of an underground sanitary sewer pipeline under, over, on
and across a strip of land 15.00 feet in width, the center-
line of which is more particularly described as follows:
BEGINNING at a point in the southeasterly line of Gilman
Road being also the northwesterly line of that certain
26.880 acre parcel of land described in the Decree of
Distribution of the Estate of Edith L. Hornbeck, recorded
October 26, 1960 in Book 4961 at page 573, Official Records
of Santa Clara County, distant thereon N. 690 57' 42" E.,
17.90 feet from the most westerly corner to said Parcel in
the line common to the Ranchos San Ysidro and Las Animas,
and running thence parallel with said Rancho Line
S. 320 07' 30" E., 913.53 feet, more or less, to a point in the
line Common to Lots 4 and 5 that i's N. 570 52' 30" E., 17.5 feet
from the westerly common corner to said Lots in said common
Rancho Line as shown on said Map.
Parcel Two
A temporary easement for the purpose of construction of a
sanitary sewer in the easement above described over, on and
aCross a strip of land 50.00 feet in width, the southwesterly
line of which is the northeasterly line of the above-described
easement.
EXCEP'fING from Parcels One and Two, above described, any part
of the Lands of the Santa Clara Valley Water District contained
within said Parcels.
EXHIBIT "A"
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EXHIBIT "B"
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..'U\M:TBA:pl 02/28/79
NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY
INITIATING EMINENT DOMAIN PROCEEDINGS
E 813 ?!GE 256
NOTICE IS HEREBY GIVEN, pursuant to California Code of Civil
Procedure 1245.235 that it is the intent of the City Council of the
City of Gilroy, Santa Clara County, California, to adopt a
resolution of necessity under Article 2 (commencing with Section
l245.2l0) of Chapter 4 of Title 7 of Part 3 of the Code of Civil
Procedure of the State of California, directing the filing of
eminent domain proceedings for the acquisition of certaiIl real
property, hereinafter described, for the purpose of installing,
constructing, reconstructing, maintainin9g and repairing of sanitary
sewer mains and appurtenances in, over, under, across and upon the
parcels of land more particularly described in Exhibit A, attached
hereto and by this reference made a part hereof.
NOTICE IS FURTHER GIVEN to you as the persons shown on the
last equalized county assessment roll as the owners of the parcels
described in Exhibit "A", attached hereto and by this reference made
a part hereof, that Monday, the 19th day of March, 1979, at the hour
of 8:00 P.M. in the regular meeting place of the City Council of the
City of Gilroy, at Council Chambers, 7390 Rosanna Street, Gilroy,
California, are the time and place appointed and fixed by said Board
of Directors when and where they will hear all protests in relation
to the adoption of said resolution of necessity and authorizing the
filinq of eminent domain proceedings for the acquisition of
the property described in said Exhibit "A".
NOTICE IS FURTHER GIVEN that any person interested may file a
written request to appear and be heard with the City Clerk of the
City of Gilroy within fifteen (15) days after the mailing of the
within notice (Mailing address: P.O. Box 66, Gilroy, California
95020). Any interested person who files such a timely written
request has the right to appear and be heard at the time and place
stated herein on the matters referred to in Section 1240.030 of the
Code of Civil Procedure, to wit:
(a) Whether the public interest and necessity require the
construction of the aforesaid improvements;
(b) Whether said improvements are planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury: and
(c) Whether the property sought to be acquired is necessary
for said improvements.
NOTICE IS FURTHER GIVEN that the failure to file such a
written request to appear and be heard within fifteen (15) days
after the mailing of this notice will result in waiver of the right
to appear and be heard.
Dated: February 28, 1979.
WILSON, MOJTO~, ASSAF & M~LIGOTT
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By_ ~:/~~::~~~;~!::.2 ~JZ.::';t;~)
Thomas B. Adams .-
Attorneys for City of Gilroy