HomeMy WebLinkAboutResolution 511
I
" " . ~
RESOLUTION NO. $11
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY DECLARING
PUBLIC NECESSITY FOR ACQUISITION OF EASEMENT AND AUTHORIZING THE
CITY ATTORNEY CF THE CITY OF GILROY TO INSTITUTE SUIT IN EMINENT
DOMAIN :i'l'HEREFOR.
BE IT RESOLVED:
That the Common Council of the city of Gilroy does hereby
expressly find and determine that the public interest and necessity
requires the laying and construction and installation of an indus-
trial waste and sewer line for the purpose of transporting and
removing industrial waste from the City of Gilroy to the property
belonging to the City of Gilroy used for a sewer farm and for
dumping of refuse~ collected in the City of Gilroy~ and that the
following described easement and the whole thereof is necessary for
the purpose of construc1t:d.ng~f installing" and maintaining the said
industrial waste line and that the proposed improvement is located
in a manner that will be most compatible with the greatest public
good and the least private injury; said easement hereinbefore re-
ferred to is a right of way over~ onl across and through one conti-
guous tract of landz and the right to use the same for the con-
struction~ laying~ and installation and maintenance of a pipe line
forming a portion or lin~ in a pipe line running or extending from
the City of Gilroy to the aforesaid premises belonging to said City
to be used for the purpose aforesaidz which tract of land is situated
in the County of Santa Claraz State of Californiaz and is more parti-
cularly described as follows: The 'Iesterlv 1? feet of tne follovlinO":
BEING A PORTION of the Rancho San Ysidro (John Gilroy) in
Santa Clara Countyz Californiaz as patented~ and being more
particularly described as follows:
"BEGINNING at the most southerly corner of that certain
3034 acre tract of land conveyed by Michael Mondelliq et ux.r
to Geoo Eo Clausen,r et uxl! ,.by deed recorded in Volume 1029
of Official Records at page 4lz said point of beginning
being also in the southeasterly line of Lot 6 of the
"Elizabeth Ho Martin Tract" as shown on the map thereof
recorded in Book "F" of Maps at page 3, Records of Santa
Clara County.r and running thence along said southeasterly
line of Lot 6 So 510 l5t Wo 206097 feet; thence northerly
-1-
5'//
--r ~,,~
along a curve to the rightz with a radius of 1043 feet
from a tangent bearigg of No 120 41' 40" Wo Through
a central angle of 9 221 20., for a distance of 170.61
feet; thence tangentially No 30 191 20" Wo 430003 feet to
a point in the Southerly line of the Pacheco Pass Highway
(IV-SCl-32A; thence along said soubherly line So 800 06t
50" Eo 38038 feet to the intersection thereof with the
westerly line of said 3024 acre parcel of land conveyed to
Clausen; thence along said westerly line So 60 30' WO 135000
feetz So 400 40' Eo 162076 feet, and So 210 45' Eo 220000
feet to the point of beginningl. and
CONTAINING THEREIN 10233 acres of landl) more or less"
BE IT FURTHER RESOLVED:
That the City Attorney for the City of Gilroy be and he is
hereby empowered and authorized to institute suit in eminent domain
in the S~perior Court of th~ State of California in and for the
County of Santa Clara against FRANK SERAFIN and CAEIUE
his wife, and any and all other persons who have or claim any inter-
est in the above described property. for the purpose of condemningz
as provided by law, the hereinabove described propert~ and the whole
cz.,
thereof, and all the rightz title .and interest of any p!arties therein~
in order that the said City of Gilroy may acquire said easement overl!
o~across and through said property for the uses and purposes afore-
saidz and that the Mayor and/or City Clerk of the City of Gilroy
and other employees and officers of the City of Gilroy bet and each
of them is hereby, authorized, empowered and directed to verify such
pleadings and make such affidavits as to facts within their knowledgez
requisite to be done in connection with the institution and prosecution
of said suit in eminent domainz and that the said Mayor and City
Clerk are hereby authorizedz empowered and directed to draw such
warrants in such amounts as may be required by said Court, in order
that said City of Gilroy may deposit such money in said Court I and
may then take immediate possession of said lands hereinabove describedz
for the uses and purposes hereinabove set forthz in accordance with
the provisions of Article ll) Section 14, of the Constitution of the
State of Californiao
-2-
..., . ~ .~. ~
PASSED AND ADOPTED the
vote:
ATTEST:
AYES:
NOES:
ABSENT:
(1';36
/0 .ti/
City Clerk
/ ~t
Ju.,'le
day of JiDJ,. 1959, by the following
COUNCILMEN: rr'ltc ,>':31'), :'etersen, 1 enh'oY'th, ;J ord8r
COUNCILMEN:
H
nne
-'\ .,-.
:rP,: _10
COUNC lIKEN:
..1.LAV~r
-3-