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Home My WebLink AboutRESO 4971-.........------------------------~ -------------~ lows: • ORIGINAL RESOLUTION N0 0 4971 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY OF SA!D CITY REQUIRE FOR PUBLIC USE CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA (ADOBE CREEK--PEDESTRIAN/BlCYCLE BRIDGE AT WILKIE WAY) The Council of the City of Palo Alto does RESOLVE as fol- SECTION l~ The Council of the City of Palo Alto hereby does find, determine, and declare that public interest and necessity require the acquisition, construction, and completion by the City of Palo Alto of the following public improvement, to wit: Adobe Creek--Pedestrian/Bicycle Bridge at Wilkie Way (Project Noo 70-34B). SECTION 2D The taking of an easement and right-of-way for pedestrian, bicycle, and public utility purposes ~n, under, over, and across the following described property, situated in the . City of Palo Alto, County of Santa Clara, State of California, is necessary for such improvement: Parcel "A" BEGINNING at the southeasterly terminus of the centerline of Wilkie Way as shown on that certain Record of survey, recorded in Book 16 of Maps at paqe 44, Santa Clara County Records; thence leaving said centerline, alonq the north- westerly line of said parcel described in said Deed, N 42°23'01" E (N 41°55'35" E per said map and said deed), 13GOO feet to the TRUE POINT OP BEGINNING# thence continuing along said northwesterly line, N 42°23'01" E, 7~83 feet; thence leaving said northwesterly line N 82°03'52" E, 37.88 feeti thence s 43°44'59" E, 68.86 feet to a point in a line common to the general said easterly line of said p~rcel and the general westerly line of that certain parcel described in the Deed recorded in Book 4124, Official Records at page 274, Santa Clara County Records: thence along said common line S 25°41' w, 16.72 feet; thence leaving said common line in a northerly direction, along a non-tangent curve to the right, having a radius of 435000 fe~t, concave to the east, whose center bears N 89°00'07" E, through a central angle of 0°42'15", an arc length of 5.35 feet; thence N 43°44 1 59" w, 67.16 feet; thence s 82°03 1 52" w, 33.99 feet; thence N 32°52 1 34" W, So52 feet to the TRUE POINT OF BEGINNING, Said Parcel "A" containing 0.028 acres, more or less. Parcel 11 B" BEGINNING aL the westerly terminus of the centerline of Miller Avenue as shown on that certain map of Tract No. 483, recorded in Book 15 of Maps at pages 50 and 51, said terminus being also an angle point in the westerly line of said tract; thence along a line being common to said westerly line and to the easterly line of that certain parcel of land described in the Deed recorded in Book 5966, Official Records, at page 707, Santa Clara County Records, N 15°23' w (N 15°50'26" W per said Deed), 4.82 feet to the TRUE POINT OF BEGINNING1 thence continuing along said common line, N 15°23' W, 67.55 feet to a point in the northeasterly line of that certain parcel of land described in the Deed recorded in Book 4641, Official Records at page 641 thence leaving said common line along said north- easterly line in anorthwesterly direction along a non-tangent curve to the right, having a radius of 425.00 feet, concave to the east whose center bears N 64°38'50" E, through a central angle of 4°43'35", an arc length of 35.06 feet to a point on said common line1 thence leaving said northeasterly line, along said conunon line N 36°19' W, (N 36°46'26" W per said Deed) 32.75 feeti thence leaving said common line in a southerly direction along a non-tangent curve to the left having a radius of 435,00 feet, concave to the .east, whose center bears N 73°31'47" E, through a central angle of 10°13'27", an arc length of 77.62 feet; thence s 26°41'40" E, 13074 feet; thPnce along a tangent curve to the right, having ~ .adius of 145.00 feet, through a central angle 01 16°41'38", an arc length of 42025 feet; thence N 79°59 1 58" E, 3~11 feet to the TRUE POINT OF BEGINNING. Said Parcel "B" containing Oo019 acres, more or less. The basis of bearings for this description is the westerly line of Tract No. 483, as shown on that· certain Map recorded in Book 15 of Maps at pages 50 and 51, Santa Clara County Recordso SECTION 3. The taking of a temporary construction easement and right-of-way in, under, over, and across the following de- scribed property, situated in the City of Palo Alto, County of Santa Clara, State of California, being a portion of that certain parcel of land described in the Deed recorded in Book 5966, Official Records, at page 707~ Santa Clara County Records, is necessary for such improvement: BEGINNING at the southeasterly terminus of the centerline of Wilkie Way as shown on that certain Record of Survey, recorded in Book 16 of Maps at page 44~ Santa Clara County Records; thence leaving said centerline along the north- westerly line of said parcel described in said Deed, N 42°23 1 01• E, (N 41°55'35• E per said map and said Deed), 13000 feet; thence leaving said northwesterly line, s 32°52'34" E, 5o52 feet; thence N ij2°03'52" E, 33 .. 99 feet; thence s 43°44'59" E, 11.50 feet; thence s 46°15'01" w, 1.,14 feet; thence S 82°03'52" w, 35.15 feet; thence N 76°24'17" w, 18 .. 25 feet to the POINT OF BEGINNING., -3- • Containing 0,010 acres, more or less, The basis of bearings for this description is the westerly line of Tract No. 483, recorded in Book 15 of Maps at pages 50 and Slo Said temporary construction easement is to be used pending the construction of the proposed bridge, and the rights and easement herein described shall become effective upon the date of Final Judgment in Condemnation, or at any date prior thareto upon which an order for immediate possession thereof is secured, and shall cease and terminate upon completion of said bridge. SECTION 4. Said proposed acquisition and improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury, and all of such acquisitions are located within the territorial limits of the City of Palo Altob SECTION 5. The Council of the City of Palo Alto hereby de- clares its intention to acquire said easements and right~-of-way in, over, under, and across said lands under eminent domain proceedings, and the City Attorney of the City of Palo Alto and a law firm, if any, employed for that purpose at the discretion of the City Attorney ar~ hereby directed to institute and conduct to conclusion an action in eminent domain for the ac- quisition of said interests in real property and to take such action as is necessary thereino SECTION 60 The publlc interest and necessity require the taking of immediate possession of said property in connection with the eminent domain proceedings~ SEC',l'ION 7o The City Manager of the City of Palo Alto is hereby authorized and directed, as an alternative to trial of any action in eminent domain initiated hereunder, to purchase for such reasonable sum as he may deem appropriate an option on said property, said option to qrant to the City of Palo Alto the exclusive right and option to acquire said interests in real property. _,_ • • . • • SECTION 8. The City Manager of the City of Palo Alto is further authorized to spend from the Capital Improvement Fund of the City of Palo.Alto heretofore appropriated for such purposes such monies as are &'~cessary, and in his opinion may constitute, the fair market value of said interests in real property, based upon appraisals of duly qualified and competent real estate appraisers. SECTION 9~ The Council hereby finds that approval of this project will have no significant environmental impact. INTRODUCED AND PASSED: July 22, 1974 AYES: Beahrs, Berwald, Clay, Comstock, Henderson, Norton, Pearson, Rosenbaum NOES: None ABSENT: Sher ciey1fciha9fir PROPERTY DESCRIP'f ION APPROVED: £ ffu· t:t'~ _:_ Eng1neerng Department {' ,~ ' l ~ iD t,J , (/. t r.: r-'1, I • ,,_ . .Jyf:: APPROVED: ~~., .... Vice Mayor -s- • ........... ' • ~··-· '·• ~.·. ;_. .' ' '· ''\:. .. ·~ ----. " . . ,,.......,.,..,.... . . -~ .. .. PARCEL 7. 93-·· TP.0. B. ···-·-··--···········-·· ... -·····•o..\o-l~-.,1..... ..a 21:>• ~2' 34n E 0 . -.. --. n ...,~ ... WILKIE WAY · e 5. 52 $32° 524 ~4"E ( 16 MAP 44) \ ~~TE: ___ 4/8 /74 \ ~~~E: . 1• • 2_0' . DEStG_~D: R. V, H. pRAWN: Hdi _ ~EC_~ED: . C .• 1j. ft PAQJ. ENGA.: . ,;;: _..~ eat::.... CS33°2dE) . ··--·-P.O. B. I I j } 1 { .,.. J I 1 ' ' . GEORGE S. \NOLTE AND AS$0CIATES ' SAN JOSE • 1408• 261 3~00 i" WALNulr CREEi< i 1-11·,· rl~ b•lG11 f .I " SAN DIEGO 5AN F RAt)JCISCO • • ..... ~ "' I :.._I ..,. l;j I • I ~, ~, I U> 0 ici If) ..... • a: ..J --· La.I o~ .. <=!it) ~ in .... lo' "' . ........ ''" • II • I a:~ :1 l..rJ Z1 I ·. ' ... ~ .. ) '. . . . . . . o. 019 ± ACR£s· R•4~5.00 -=·-· L•77.62 •A. •10-13'2r-• I / s2e•41•40• E-t3.74_.· ADOBE ------1 ----;::SA~N~TA-- CLARA COUNTY TR. 483 (5966 0. R. 707) -., PLAT TO ACCOMPANY LEGAL DESCRIPTION OF PEDESTRIAN a BICYCLE R/W a UTILITY EASEMENT ADOBE CREEK PEDESTRIAN I BICYCl .. E BRIDGE • . SHEtT ' I SHEfTS -----··-- JOB NO . PALO ALTO, CALIFORNIA 213-72 ; ' -A •· ... ·. ~- t1f£. Df~Q . . ,. R.'« -~ .. 1;.tti.........,..C«.~to"""" -,, ~-.. .. -. Fl It)' ~I et> • • z - LI.I • -01 "' ;.,I --N • "' • z I ---......,- '--S46°1s•o1•w: 1.14 ,_ '-.. ,- -. '" -·.I ·.· .. ' -_,..I P.LAT TO ACCOMA\NY LEGAL. -DESCRIPTION -OF : -_ -... : ·TEMPORARY . (CONST. f - ·EASEMENT - ~ 8. NOLTE AND ASSOCIATES- --~ JOSl • , WMluT CM8 .• SAii f~ • SAii 8IESll ·-~--· · ,..,,._ -· __ mu1e ~~ .,...~,..-_ ADOBE -· CREEK -. PED. -BICYCL£ BRIDGE - f!A(.0 --~10,: -~·~ -- ·AP.PRQV[D