The URL can be used to link to this page

Home My WebLink AboutRESO 6503RESOLUTION NO. 6503 CITY COUNCIL OF THE CITY OF ·PALO ALTO COUN'fY OF SANTA CLARA, CALIFoRNIA A RESOLUTION FINDING AND DBTERllINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AHD DIRECTING THE FILING OF EllINENT DOllAIN PROCEEDINGS CALIFORNIA AVENUE PARKING ASSESSllENT DISTRICT No. 86-1: ACQUISITION OF KEYSTONE LOT (APN 124-28-37 and 124-28-38) RECITAL.CJ A. It is necessary and desirable for the City of Palo Alto to acquire that certain real property as more particularly described in Exhibit "A 11 attached hereto and incorporated herein by this reference, for the California Avenue Parking Assessment District No. 86-1: Acquisition of Keystone Lot (APN 124-28-37 and 124-28-38) project. The purpose and use for which such real property is to be acquired is, among others, providing public parking facilities and related public improvements including but not limited to pavingt signage, striping, landscaping, curb and gutter improvements and such other conforming improvements as required to meet applicable standards of the City of Palo Alto for public parking facilities. B. Th~ City of Palo is vested with the power of eminent domain to acquire private property for public use by virtue of Article 1, Section 19 of the Constitution of the State of California, California Code of Ci vi 1 Procedure Sections 1240.010, 1240.030, 1240.050, 1240.110, 1240.120, 1245.210 et seq., and Article II of the Charter of the City of Palo Alto. -1- --------------------------------------- C. Notice has been duly given pursuant to the provi s.ions of Section 1245.235 of the Code of Civil Procedure of the State of California, and all persons whose property is to be acquired by eminent domain and whose name and address appear on the last equalized Santa. Clara County Assessment Roll have been given a reason- able opportunity to appear and be heard before the City Council of the City of Palo Alto on the following matters: (1) whether the public interest and necessity require the project; (2) whether the project is planned or located in the manner that wil 1 be most compatible with the greatest public good and the least private injury; (3) whether the property sought to be acquired is necessary for the project. D. The City of Palo Alto has, in accordance with California Government Code Section 7267 ~ 2, offered to each owner of record, to acquire said real property for just compensation. NOW, THEREFORE, THE Cl.TY COUNCIL OF THE CITY OF PALO ALTO FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. Recitals A through D of this Resolution are incorporated herein by reference. Section 2. The public interest and necessity require the project and the taking of the fee simple title in and -2- to th~ prc·perty described in Exhibit "A 0 for the California Avenue Parking Assessment District No. 86-1: Acquisition oi Keystone Lot (APN 124-28-37 and 124-28-38) project. The purpose and use for which such real property is to be acquired is, among others, providing public parking facilities and related public improvements including but not limited to paving, signage, striping, landscaping, curb and gutter improvements and such other conforming improvements as required to meet the applicable standards of the City of Palo Alto for public parking facilities. Section 3. The project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. Section 4. The property sought to be acquired, de- scribed in Exhibit "A", is necessary for the projeet. Section 5. The offer required by Government Code Section 7267. 2 has been made to the respective owner or owners of record of said property. Section 6. The City Attorney is hereby directed to institute and conduct to a conclusion an eminent domain proceeding for the acquisition of the estates and interests aforesaid and to take such ·action as is necessary therein and may engage outside counsel as appropriate. Section 7. This Resolution shall become effective immediately upon its passage and adoption. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted -3- ' . by the Council of the City of Palo, California, at a meeting thereof held on the 24 day of March 19 86, by the following voteOT the membe-r"""'s""'"""t'"'h~e-r_e_o_f~:- AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci, Renzel, Sutorius, Woolley NOES: None ABSTERTIOMS: None ABS ENT: None --/6irector of Finance ~SJ~ Director of l)ianning and Community Environment APPROVED: ~~ Mayor BXHiBIT •A• FOLLOWS -·- . ' EXHIBIT 11A11 LESAL DESCRIPTION A-NO. 124-8-37 & 38 ., PREPAAEO s·t:. L.A. Cortes ~ CHECKED BY: E. Gibbs ·~ APPROVED BY! J. Abler~ DATE: 1/26/81 Beginning at th~ point of intersection of the comTIOn boundary line between Lots 8 and 9 as shown upon that certain Map entitled, "Mayfield, as surveyed for W. Paul Esq., by J.J. Bowen, Co. Surveyor", which Map was recorded on July 9, 1867 in Book C of Miscellaneous Records, page 641, Records of Santa Clara County, California, w;th the Southeasterly line of Cambridge Avenue (60 feet wide); thence from said point of beginning Northeasterly along said Southeasterly line, 150.00 feet; theuce at right angles Southeasterly. parallel to the said COftlmOn boundary of said lots. 110.00 feet to the Northwesterly line of the alley as described in the Decree of Final Condemnation recorded October 2, 1950 in Book 2065 Official Records, page 392, Records of sa;d County; thence at right angles Southwesterly. along said Northwesterly line, 150.00 feet 1Dthe said comnon boundary of said lots; thence at right angles North- weste~ly along said ce>n1t\On boundary line of said lots, ·110.00 feet to the point of beginning containing 0.38 acres and being a portion of Lots 9 and 10 of said map.