The URL can be used to link to this page

Home My WebLink AboutResolution 519 RESOLUTION NO. 519 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY PROVIDING FOR THE EXCHANGE OF PROPERTY OWNED BY THE CITY OF GILROY FOR CERTAIN PREMISES OWNED BY ALBERT GURRIES IN ORDER TO PERMIT THE CONSTRUCTION OF A BRANCH STREET OR EXTENSION OF WELBURN AVENUE WHEREAS, the Common Council of the City of Gilroy has proposed to construct and provide for an extension of a branch from We1burn Avenue to a point on the Monterey Road, distant /10 about 750 feet South of the present intersection of the said We1burn Avenue with the said Monterey Road; and WHEREAS, ALBERT GURRIES is the owner of premises which li~ within the boundaries of the said proposed branch We1burn Avenue, which said premises of said ALBERT GURRIES are described as follows: BEING A portion of Sub Lot 43 as shown on Map No. 8 accompanying the report of the Referees in the Las Animas Partition Suit Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and being more par- ticularly describe? a. follows: "BEGINNING at a point in the northeasterly line of that certain parcel of land conveyed by Albert G. Gurries, et ux to the Filice and Perrelli Canning Company, Inc., a corporation by deed dated June 9, 1944 and recorded June 20, 1944, in Book 1204, of Official Records, at page 307, Records of Santa Clara County, from which an iron pipe at the most northerly corner of said parcel of land in the southeasterly line of Welburn Avenue bears N. 190 55' 30" W. 44.70 feet, thence N. 880 50' 30" E. 182.73 feet to a point in the Northwesterly line of that certain parcel of land conveyed to C. H. Pierce, et aI, by deed Recorded in Book of Official Records at Page : thence along said northwesterly line S. 680 44' 50" W. 123,80 feet to an iron pipe at the most westerly corner thereof: thence along the southwesterly l~ thereof s. 190 55' 30" E. 18.43 feet: thence S. 880 55' 30" w. 52.01 feet to a point in the Northeasterly line of the said land conveyed to Filice and Perrelli Canning Co: thence along said Southeasterly line N. 190 55' 30" W. 63.63 feet to the point of beginning and CONTAINING 0.135 acres of land." and, WHEREAS, the City of Gilroy is the owner of the following - 1 ,c:;- / r7 ~// '/ described two (2) parcels of land located adjacent to said proposed branch of Welburn Avenue;, as it will be constructed: PARCEL 1 BEING a portion of Sub Lot 43 as shown on Map No. 8 accompanying the report of the referees in the Las Animas Rancho Partition Suit Action No. 5536 had in the superior Court of the State of California in and for the County of Santa Clara and being more particularly described as follows: "Beginning at an iron pi." at the most westerly corner of a certain parcel of land described in the deed to Ross Sanchez, et aI, dated October 17, 1925, and re- corded November 2, 1925, Book 195, of Official Records at page 201, Records of Santa Clara County and running thence along the southeasterly line of that certain parcel of land conveyed by C. H. Pierce, et al by Deed recorded in Book of Official Records at page S. 680 44' 50" W. 79.12 feet to an iron ptpe at the most southerly corner of said parcel of land conveyed to Pierce: thence along the southwesterly line thereof N.19055.~30"W. 63.09 feet: thence N. 880 - 50' 30" E. 83.53 feet: thence S. 190 55' 30" E. 34.39 feet to the point of beginning, and, CONTAINING THEREIN 0.071 acres of land." PARCEL 2 "BEGINNING at an iron pipe in the southwesterly line of Monterey Road as said line was established by the Deed from Albert J. Gurries, et ux, to the state of California, dated August 21, 1941, and recorded October 17, 1941, in Book 1064 of Official Records, page 198, Records of Santa Clara County, said iron pipe being also the most northerly corner of that certain parcel of land conveyed to C. H. Pierce, et aI, by Deed Re- corded in Book of Official Records, at page Records of Santa Clara County, and running thence along the Northwesterly line of said land conveyed to Pierce S. 680 44' 50" W. 80.70 feet: thence N. 880 50' 30" E. 57.33 feet: thence along a curve to the left with a radius of 20 feet through a central angle of 1120 05' through an arc distance of 39.12 feet through a point in the south- westerly line of Monterey Road: thence along said southwesterly line N. 230 14' 30" W. 0.21 feet to the point of beginning, and CONTAINING THEREIN 0.031 acres of land." and, WHEREAS, it is necessary for the City of Gilroy to acquire title to the said hereinbefore described premises of said ALBERT and EMILY GURRIES before said branch of said We1burn Avenue can be constructed, and said ALBERT AND EMILY - 2 - GURRIES are willing to convey their said premises to the City of Gilroy in consideration of the conveyance to them by the said City of its two (2) parcels of land hereinabove described provided said City will agree to grant to said ALBERT GURRIFS and EMILY GURRIES, or either of them, the right to construct or provide for such a number of entrances or driveways to the triangular shaped premises which will include the property located between said Welburn Avenue on the North and the proposed branch of We1burn Avenue on the South and Monterey Street on the East which the said ALBER'!' GURRIES and EMILY GURRIES will own after the exchange of property in accordance herewith. and a small item of property formerly belonging to F.ILICE and PERRELLI CANNING COMPANY Which adj o ins the premises of said AluBBlil'!' GURRIES and EMILY GURRIES on the West)' as are reasonably required for the purposes for which said parcels of land will be used, said entrances or driveways to be located as shown on a plat on file in the office of the city clerk, designated I future plot plan fo: Mro Gurrie~ at We1burn Avenue and Monterey street, dated June 30t 1959, prepared by W. J. HANNA AND SON. and being for the proposed driveway location for future service station on Gurries Island, and if the said City will construct curbs and gutters on all s ides of said tr iangular shaped property except where curbs and gutters are now in placel and along the South boundary line of said Welburn Avenue branch adjacent to the premises which will be owned by the said ALBER'!' and EMILY GURRIES after the exchange of properties has been made in accordance with this resolution, and the City of Gilroy is willing to per- mit said entrances to be constructed or prOVided, and to so con- struct said curbs and gutters. NOW" '!'HEREFORE, be it raso1ved that the City of Gilroy convey the two (2) parcels mfc>land hereinbefore described to the said ALBER'!' GURRIES in considEl:tation of the conveyance by said ALBERT and EMILY GURRIFSI' to the City of Gilroy of a good and - 3 - p merchantable title to their said premises hereinbefore described free and clear of incumbrances 1 and BE IT FURTHER RESOLVED that upon the said conveyances being executed and delivered,. the. said ALBER'!' and EMILY GURRIES shall be entitled to a permit or permits authorizing them to provide and construct as many entrances to the said triangular shaped property which they will own after the properties have been exchanged,. as may reasonably be r~ired for the uses to be made of the property and the proper eX ficials of the City of Gilroy are hereby directed to issue such permit or permits in ::accordance herewith, and BE IT FURTHER RESOLVED that the said City construct the curbs and gutters when requested by the said ALBERT and EMILY GURRlES in accordance with the condition hereinbefore set forth 0 PASSED AND ADOPTED this 6th day of July" 1959~ by the following vote: AYES : ll10ES : COUNCILMEN: Pate,Rush.Petersen,Wentworth. Gallo, and Jordan COUNCILMEN: None ABSBJ!1'1': COUNCILMEN: None APPROVED: BY ATTEST: ~~.~ CI'l'Y CLERK - 4 -