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HomeMy WebLinkAboutRESO 5129.. . ·· •• ORIGINAL RESOLUTION NO. 5129 - RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECES~!TY OF SAID CITY REQUIRE FOR PUBLIC USE CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA~ STATE OF CALIFORNIA (LYTTON PLAZA AT UNIVERSITY AVENUE AND EMERSON STREET) The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council of the City of Palo Alto hereby does find~ determine, and declare that public interest and necessity require the acquisition by the City of Palo Alto of certain real properties commonly known collectively as Lytton Plaza located at University Avenue and Emerson Street in the City of Palo Alto, California. · SECTION 2. The taking of all interests in such real properties together with all improvements and fixtures thereon is necessary for public park purposes. The subject properties are situated in the City of Palo Alto) County of Santa Clara, State of California, and are more parti- cularly described as follows: PARCEL FOUR: PORTIONS OF LOTS 13 and 14, in Block 12, as shown upon that certain Map entited. ''Map of the Sub- division of Block 12 of University Park (now Palo Alto)" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 3lp 1893 in Book G of Maps, at page 57 1 and more particularly described as follows: COMMENCING at the point of intersection of the Southeasterly line of University Avenue with the Northeasterly line of Emerson Street;. thence South- easterly and along said line of Emerson Street 64.88 feet• thence at a right angle Northeasterly and parallel with University Avenue 60 feet; thence at right angles Northwesterly and parallel with Emerson Stxeet 64.88 feet to the Southeasterly line of University Aven~e; thence Southwesterly along said line of University Avenue 60 feet to the point of commencement. PARCEL SIX: PORTIONS OF LOTS 13 and l4p Block 12, as shown upon that certain Map entitled, .. Map of the Sub- division of Block 12 of University Park (now Palo Alto)" which Map ~s filed for record in the Office of the Recorder of the County of Santa Clara, Seate of California on March 31, 1893 in Book G of .Maps, at Page 51i and more particularly described as follows: -1 •• .. . • BEGINNING at a point in the Northeasterly line of Emerson Street, distant thereon Southeaaterly 64.88 feet from the point of intersection thereof with the Southeasterly line of University Avenue, as said Street and Avenue are shown upon the Map above ref erred to; the~ce from said point of beginning Southeasterly along said Northeasterly line of Emerson Street - 3,.12 feet; thence at right angles Northeasterly 60.00 feet; thence at right angles Northwesterly 35.12 feet; thence at right angles Southwesterly 60.00 feet to the point of beginning. SECTION 3. Said proposed acq~~sition and park use are planned and located in a manner which will be most compatible with the greatest public good and the least pr~'rate injury, and all of such properties to be acquired are locoted within the territorial limits of the City of Palo Alto. SECTION 4. The Council of the City of Palo Alto hereby declares Its intention to acquire said properties under eminent domain proceedings. The City Attorney of the City of Palo Alto and a -law firm, if any, employed for that pur- pose a: the discretion of the City Attorney hereby are directed to institute and concht.ct to conclusion an action in eminent domain for the acquisition of said properties and to take such action as is necessary therein. SECTION 5. The public interest and necessity require the tatting of inlllediate possession of said properties in connection with the eminent domain proceedings. SECTION 6. The City Manager of the City of Palo Alto hereby ls 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 appro- priate an option on said propertiest said option to grant to the City of Palo Alto the exclusive right and option to acquire all interests in said properties. SECTION 7. The City Manager of the City of Palo Alto fUX'tber is authorized to spend from the Capital Improvement Fund of the City of Palo Alto heretofore appropriated for such purposes such monies as are necessary and. in bis opinion. may constitute the fair -rket value of said properties, based upon an appraisal or appraisals of a duly qualified and cccnpetent real estate appraiser or appraisers. · SECTION 8. The Council hereby-finds that the passage of this resolution will have no significant adverse environ.- mental impact. INTRODUCED AND PASSED: August u. 1915 AYES: Clay. Coltstoclt. 1tyerly11 Horton11 Sher111 Witherspoon WES: Beabrs, Berwald ABSTAIN: .CUey . ABSENT: -None ATr!ST : . ,,, ./J ~~ e ., - -2 - -, • .. ' APPROVED: &h' IJ:.?itLMizt d!Ti1e~er APPROVED: ~.~ . .Li (C... r. D~annEfi I ~~~ Real Property A~ PROPERTY DESCRIPTION APPROVED: ~sJ..~'4 Engneer~artment b!rector of PU1>1ic WOrkS/ Engineering -3 -