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Home My WebLink AboutRESO 8137RESOLUTION NO. 8137 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS AT 314 LYTTON AVENUE AND 420 FLORENCE STREET FOR THE DOWNTOWN PARKING STRUCTURES (CAPITAL IMPROVEMENT PROJECT 19530) AND AUTHORIZING AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the Council has extensively considered and determined that public parking structures are needed in order to accommodate vehicular parking in the Downtown Business District; and, WHEREAS, the Council has determined that a multi-story parking structure should be located on the properties where existing public parking lot "S/L" is located at the intersection of Bryant Street and Florence Avenue, and that this Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and, WHEREAS, certain temporary construction easements over adjacent properties located at 314 Lytton Avenue and 420 Florence Street are necessary for the Project in order to safely and securely erect the parking structure; and, WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the property sought to be acquired is necessary for the Project; and, market (d) value 020320 cI 0044146 Whether the owners for the properties 1 have been offered determined by the fair appraisals conducted pursuant to Section 7267.2 of the Government Code of the State of California. NOW I THEREFORE I the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council hereby finds and determines: (1) The public interest and necessity require the construction and maintenance of the public parking structure on the present public parking lots designated Lot SILl located at Bryant Street and Lytton Avenue in Palo Alto; and (2) This project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; andl (3) The property interests described and depicted in Attachment "CII I consisting of temporary construction easements upon properties at 314 Lytton Avenue and 420 Florence Street adjacent to the public parking structure project l are necessary for the construction of those public parking structure project; and l (4) All owners of record in the properties have been offered compensation in amounts based upon appraisals of fair market value for those properties pursuant to Government Code section 7267.2; andl (5) The acquisition of the property interests is authorized by Article 11 section 19 of the Constitution of the State of California and by Sections 1240.050 I 1240.110 I 1240.120 1 1240.125 1 1240.150 1 1240.2401 1240.410 and 1240.610 of the Code of Civil Procedure of the State of California. SECTION 2. The City Attorney is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain to acquire the property interests described above and to take such action as may be advisable or necessary in connection therewithl including without limitation requesting from the Court an order for prejudgment possession of the property interests based upon the deposit in court of a warrant issued to the State Treasury Condemnation Fund in the amount determined by the Court to be so deposited. SECTION 3. The Council has reviewed I considered and approved an Environmental Impact Report for the downtown parking structure projects by Resolution No. 7917 in compliance with the California Environmental Quality Act. 020320 cl 0044146 2 SECTION 4. Pursuant to California Code of Civil Procedure section 1245.250, this resolution has been adopted by a vote of two-thirds of all members of the Council, which is the governing body of the City of Palo Alto. INTRODUCED AND PASSED: April I, 2002 AYES: NOES: ABSENT: BEECHAM, BURCH, MOSSAR, OJAKIAN KISHIMOTO ABSTENTIONS: ATTEST: r Asst. City Attorney 020320 cl 0044146 FREEMAN, KLEINBERG, 3 Mayor A~:n~ C~+ Director Services LYTLE, MORTON, " / / / / " " ATTACHMENTC DRAItIN BY: JAMES D, KIEHL CHECKED BY: JAMES BOURQUIN LEGAL F IL ENAME: 1201548.word DRA'WING FILENAME: SL011602,D'WG CITY OF PALO ALTO, CALlFORNIA / " / " " " " " " " " " " / " " " / / / " " " / " / " / " / " / / / / / / " " SCALE: 1/1 = 50' REVISION: (X) XIXIX REVISION: (4) 1116/02 REVISION: (3) 8/30/01 REV1SlDN: (J) 7/18/01 AP.NO. 120-015-002 314 Lytton Avenue January 24,2002 DESCRIPTION FOR BELOW GROUND TIE-BACK EASEMENT MID TEMPORARY ABOVE GROUND CONSTRUCTION EASEMENT A portion of real property situated in the City of Palo Alto, County of Santa Clara, State of California more particularly described as follows; All of Lot 22 and the southwesterly 5.00 feet of Lot 21 of Block 20 as said Lots are shown on that certain map entitled "MAP OF H.F. PERRY'S SUBDIVIDSION of the South Half of Block No. 20, University Park", which was filed for record in Book D of Maps page 171 on February 4, 1890, recorded in the office of the County Record of Santa Clara County. Excepting therefrom the northwesterly 7 feet of said Lots 21 and 22 as described in the Interlocutory Judgement filed for record in Book 1723 page 542 on December 31, 1948 in said County. Below Ground Tie-Back Easement contains 2,790 square feet (0.0640 acres) more or less. Temporary Above Ground construction Easement to extend up to the existing building shown on attached map Exhibit "F". Building is shown approximately per City of Palo Alto Geographic Information System Data Base for display purpose orily. The Below Ground Tie-Back Easemept is shown on attached map Exhibit nEil, and the Temporary Above Ground Construction Easement is shown on attached map Exhibit "F" and made a part hereof Description and plat is based upon record andlor Title Report Information only. END OF DESCRIPTION Prepared By: James David Kiehl P.L.S. 7152 Expires 6-30-03 Requested By: Karen Bengard __ --'- LEGAL: 12015002.doc PLAT: 12015002.DWG REVISION (5) 12/18/01 TITLE REPORT: 56901-51990215-prt October 1, 2001 Attachment C / Jl~ " ~ " " " " " " " " " " " " " " 015-00~" " " " " " " " " Title Repcrt No. 98160727 " Mo,y ~ 1998 120-15"-104 Attachment C DRA'vIN BY: JAMES D. KIEHL CHECKED BY: JAMES BOURQUIN ECKED BY: JAy E. REMLEY LEGAL FILENAME: 1201548.cloc DRAwING FILENAME: 12015002.DViG . " BELOW GROUND TIE-BACK EASEMENT 314 Lytton Avenue Block 20 Universit Park CITY OF PALO ALTO, CALIFORNIA " " " "" !LrQJu 1i@ " r 0'0 '0 / / J / / / / / / / / / REVlSION: (6) 1124/02 REVISION, (5) 12112/01 REVISION: (4) 12/12/01 REVISION: (3) 11/0212001 REVISION: (2) 8/30/01 REVISJON: (1) 7/18/01 "-"- o "-"-"-"- Title 1 Ci ty"-,,-0 "- Attachment C '-DRAINN BY, JAMES D. KIEHL CHECKED BY, JAMES BOURQUIN' CHECKED BY: JAY E. REMLEY LEGAL FILENAME: 1201548.doc DRA \o!ING 'FI LENAME: 12015002.DVG V'-J "-~. "- "- TEMPORARY ABOVE GROUND CONSTRUCTION EASEMENT 314 Lytton Avenue Block 20 Universit Park CITY OF PALO ALTO, CALIFORNIA "-"-"-"- "-"-"- "-"-,,-[L@!f lJ$J "-"-"-"- 01 -OO~,,- "-"-"-,,-[L@!f lJ@) "-' / / / / / / / REVISION' (6) 1/24/02 REVISION' (5) 12/12/01 REVISlDN, (4),12/12/01 REVISION, (3) 1110212001 REVISlDN: (2) 8/30/01 REVISION: (j) 7/18/01 A.P.NO. 120-015-048 420 Florence Street January 24, 2002 DESCRIPTION FOR BELOW GROUNP TIE-BACK EASE1v1ENT AND TEMPORARY ABOVE GROUND CONSTRUCTION EASE1v1ENT A portion of real property situated in the City of Palo Alto, County of Santa Clara, State of California more particularly described as follows; . All of Lot 16 and the southeasterly 5.00 feet along with the southwesterly 17.50 feet of Lot 17 of Block 20 as said Lots are. shown on that certain map entitled "MAP OF H.F. PERRY'S SUBDIVISION of the South Half of Block No 20, University Park", which was filed for record in Book D of Maps page 171 on February 4, 1890, recorded in the office of the County Record of Santa Clara County. Below Ground Tie-Back Easement contains 3,725 square feet (0.0855 acres) more or less. Temporary Above Ground Construction Easement to extend up to the existing building shown on attached map Exhibit "F". Building is shown approximately per City of Palo Alto Geographic Information System Data Base for display purposes only. Below Ground Tie-Back Easement is shown on attached map Exhibit liE" and the Temporary Above Ground Construction Easement is shown on attached map Exhibit "F" and made a part hereof. . Descriptions and plats are based upon record and/or Title Report Information only. END OF DESCRIPTION Prepared By: James David Kiehl P.L.S. 7152 Expires 6-30-03 Requested By: Karen Bengard __ _ LEGAL: 1201548.doc PLAT: 1201548.DWG REVISION (5) 12112/2001 TITLE REPORT: No. 56901-51990214-PRT October 1, 2001. Attachment C 015-00 Attachment C DBt\WN BY: JAMES D, K1EHL eH eKED BY, JAMES BOURQU1N [eKED BY, JAY E. REMLEY LEGAL FILENAME: 1201548,c/oc DRAINING FILENAME: 1201 548.DING / I \><."" / / / /1 !L@u 114) / / / I Title Re/ort l\lo, 98160727 I / /Moy 8, 1998 . /1 City of Palo /:\lto I / 120-J/S 104 / /1 // !L@u 1133 / / / / 1// / / l> / / / / / / / "1 BELOIi GROUND ;r/ -BACK EASEMENJ / / /<' / / / -0 / J / / '" / Plo t to AccoPlpony Descri 'tion BELOW GROUND SCALE: IN::: 20' TIE-BACK EASEMENT APN 120-015-048· 420 Florence Street Block 20 Universit Park CITY OF PALO AL TO, CALIFORN1A REVISION, (6) 1124/02 REVISION' (5) 12112/01 REVlSION, (4) 12/12/01 REVISION, (3) 111/2001 REVISION: (2) 8/30101 REVJSlDN: (j) 7/18/01 d-J "-~ "-"-"-"-"-"-"-"-"-"-"-"- "-"- " ~,,2 0 -0 15 -0 0 ~ "" rUQXTr 11 fffJ "-"-,,-!L(Q)u 11® "->: < I B£LOW GROUND TIE-BA~K EASElVIENT < ~20 appro . ate b -015-00 D~\vN BY: JAMES D. KIEHL e eKED BY: JAMES BOURQUIN EeKED BY: JAY E. REMLEY LEGAL FILENAME: 1201548.cioc DRAINING FILENAME: 1201548.DING ding :<Y / / / / .¢J~ «.. / / ,*0 ~~ / / !L(Q)tr 11 4J 08;J~ / ..::::..~~0 / ~O ~ / '?'O~ / / / / / / ' A f',,"-; / $'-00 Titye Report No. 981,90'727 O~«..~ / lV1ay 8, 1998/ ~~0 £'ity of Payo Alto "'~00 1?Jl-15 -104 // !LCQ/Tr1l2J / / / Pla t to ACC()'Mpany Descriptiory r-.-.-.-.-.-.-.-.-.-.-.-.-.-'-.---'. TeMporary Ab;:0e Ground / : : : : : :: : : : : : : : : Constructiol) EaseMent // / / / / / / / / BEL D'vJ G R C)UI\J D TIE - B A C I< E A Sf~' E N T TEMPORARY ABOVE GROUND CONSTRUCTION EASEMENT SCALE: I" = 20' REVISION: (6) 1/24/02 REVISION: (5) 12/12/01 REVISION: (4) 12/12/01 REVISION: (3) 11/012001 REVISION: (2) 8/30/01 REVISION: m 7/18/01 APN 120-015-048 420 Florence Street Block 20 Universit Park CITY OF PALO ALTO, CALIFORNIA