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HomeMy WebLinkAboutRESO 3960• RESOL!'TION NO. 3960 RESOLUTION OF THE CO:. NCI L OF THE C I :'Y OF PALO ALTO FINDING AND DETERMINING "HAT THE P''BLIC INTEREST AND NECESSITY OF SAID CITY REQUIRE, FOR PUBLIC USE FOR STORM DRAIN AND RELATED PURPOSES, CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA (STORM DRAIN IMPROVEMENTS - PROJECT 66-10) The Council of the City of Palc Alto does RESOLVE as fol- lows: SECTION 1. That the Council of the City of Palo Alto has found and determined, and hereby does find, determine and declare, that the public interest and necessity require the acquisition, construction and completion by the City of Palo Alto of the following public improvement, to wit: storm drain and related purposes. SECTION 2. That the taking of an easement and right of way in, under, over and across the property described in EXHIBITS A, B, and C attached hereto and by reference made a part hereof, situated in the City of Palo Alto, County of Santa Clara, State of California, is necessary for such improvement. SECTION 3. That 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 Alto. SECTION 4. That the Council of the City of Palo Alto hereby declares its intention tc acquire an easement and right of way in, over, under and across said lands described in 1 EXHIBITS A, B and C under eminent domain proceedings, and the City Attorney of the City of Palo Alto and the law firm of Messrs, Wilson, Jones, Morton and Lynch, employed for that pur- pose, are hereby directed to institute and conduct to conclusion an action in eminent domain for the acquisition of said property and to take such action as is necessary therein. SECTION 5. That the public interest and necessity require the taking of immediate possession in connection with the eminent domain proceedings. SECTION 6. The City Manager 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 the real property described in said EXHIBITS A, B, and C, said option to grant to the City the exclusive right and option to acquire said easements. SECTION 7. The City Manager is further authorized to spend from general funds of the City heretofore appropriated for such purposes such monies as are necessary and in his opinion may constitute the fair market value of said parcels based upon appraisals of duly qualified and competent real estate appraisers. INTRODUCED AND PASSED: February 13, 1967 AYES: Unanimous NOES: None ABSENT: None PROP DE $ RJ PTION APPPOVED : eeringDepartn[ent - 2 BEGINNING at a point on the northwesterly line of Colorado Avenue (60 feet wide) as established by that certain Final Order of Condemnation recorded April 12, 1960 in Book 4761 of Official Records at page 129, records of Santa Clara County, California, distant along said line N.55°49'20"E. 9.12 feet from the point of intersection thereof with the southwesterly line of that certain 0.777 acre parcel of land described as Parcel Two in that certain deed from Mackay Radio and Telegraph Company to Arthur D. Nearon et ux recorded May 5, 1959, in Book 4406 of Official Records at page 150, records of said County, thence N.43°35 08"W. 323.16 feet to a point on the northeasterly line of said 0.777 acre parcel; thence S.70°25'20"E. along said northeasterly line 33.23 feet; thence S.43°35'08"E. 296.00 feet to a point on said northwesterly line of Colorado Avenue; thence S.55°49'20"W. along said last named line 15.20 feet, to the point of beginning, being a portion of the Rancho Rincon de San Francisquito. Together with the following described temporary easement for construction purposes which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of completion with respect to the pipelines being placed in the above -described easement by the contractors for City's Project No. 66-10: BEGINNING at the point of intersection of said northwesterly line of Colorado Avenue with the southwesterly line of said 0.777 acre parcel of land; thence N.43°40'40"W. c'_ong said southwesterly line 340.54 feet to the most westerly corner of said parcel; thence S.70°25'26"E. along the northeasterly line of said parcel 98.18 feet to a point in the centerline of the Pacific Gas and Electric Company tower line right of way; thence S.43°35'08"E. along said centerline 260.34 feet to a point on said northeasterly line of Colorado Avenue; thence S.55°49 20"W. along said last named line 44.59 feet, to the point of beginning, together with the right to enter upon and to pass and repass over and along said easement whenever and wherever necessary for the purposes above set forth. EXHIBIT A Shier/ / of Z ,ZI_D - 1Au DATE DRAMIM 1 �= TM4CtC CHE'C*iO IN 64 5T R Nu E„el51/IE&VT P74' R.4NC #/D R/NCON p ' :>%4N FRANC/SO//TO CITY OF PALO ALTO. C ALIFOIMMA lints ♦mil VID: 14 *♦ . . ii,,,,, -.. ONS1NUN (V.0. NO IOM: IlCAu ! /1-500 Cfail NO /, 7/ %Li Na Ea.sf BEGINNING at the point of intersection of the soutneasterly line of Colorado Avenue (60 feet wide) as established by that certain Final Order of Condemnation recorded April 12, 1960 in Book 4761 of Official Records at page 129, records of Santa Clara County, California, (Vincent D'Angerio et al),with the southwesterly line of that certain 1.986 acre parcel of land described as Parcel One in that certain deed from Mackay Radio and Telegraph Company to Arthur D. Nearon et ux recorded May 5, 1959 in Book 4406 of Official Records at page 150, records of said County; thence southeasterly along said southwesterly line S.43°41'40"E. 86.38 feet, 5.35°23'40"E. 107.23 feet, and 5.43°40'40"E. 41.34 feet to the most southerly corner of said parcel; thence N.70°05'20"E. along a southeasterly line of said parcel 2.33 feet; thence N.35°22'40'W. 149.75 feet; thence N.43°35'0$"W. 35.17 feet, more or less, to a point on said southeasterly line of Colorado Avenue; thence S.55°49'20"W. along said last named line 8.58 feet, to the point of beginning, being a portion of the Rancho Rincon de San Francisquito. Together with the following described temporary easement for construction purposes which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of completion with respect to thee pipelines being placed in the above -described easement by the contractors for City's Project No. 66-10: BEGINNING at the most northerly corner of the easement hereinabove described; thence N.55°49'20"E. along said southeasterly line of Colorado Avenue 20.27 feet, to a point in the centerline of the Pacific Gas and Electric Company tower line right of way; thence southeasterly along said centerline S.43°35'08"E. 83.29 feet, and 5.35°22'40"E. 156.77 feet to a point in a southeasterly line of said 1.986 acre parcel; thence S.70°05'20"W. along said south- easterly line 20.75 feet to a point on the northeasterly line of the above -described easement; thence northwesterly along said north- easterly line N.35'22'40"W. 149.75 feet and N.43°35'08"W. 85.17 feet, more or less, to the point of beginning, together with the right to enter upon and to pass and repass over and along said easement whenever and wherever necessary for the purposes above set forth. EXHIBIT B At /,9 ,r Nearon 1984 A e Show' Y of Z STORM DRAM 401 t 45F/vlfA/T PTN kANCHO RIWCON de SIN' fiL4NC/SOU/TO CITY OF PALD ALTO, CAUFORNIA Rug No 1. se �4- 4j 1 • BEGINNING at the most westerly corner of that certain 34.6 acre tract of land conveyed by Manuel Vierra Maranhao et ux to L. C. Smith et ux by deed recorded January 5, ].956 in Book 3378 of Official Records at page 353, records or Santa Clara County; thence S.43°40'40"E. along the southwesterly line of said 34.6 acre tract 15.56 feet; thence N.35°22'40"W. 14.77 feet to a point on the northwesterly line of said 34.6 acre tract; thence S.50°37'20"W. along said northwesterly line 2.33 feet, to the point of beginning, being a portion of the Rancho Rincon de San Francisquito. Together with the following described temporary easement for construction purposes which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of completion with respect to the pipelines being placed in the above -described easement by the contractors for City's Project #66-10: BEGINNING at the most northerly corner of the above - described easement; thence N.70°05'20"E. along the northwesterly lineof said 34.6 acre tract hereinabove referred to 20.75 feet, to a point in the centerline of the Pacific Gas and Electric Company tower line right of way; thence S.35°22'40"E. along said centerline 117.67 feet, to a point in the northwesterly line of Matadero Canal right of way; thence S.50°37'20"W. along said Canal right of way 4.15 feet, to a point in the southwesterly line of said 34.6 acre tract; thence N.43°40'40"W. along said last named line 109.87 feet to the most southerly corner of the hereinabove described easement; thence N.35°22'40'W. along the northeasterly line of said easement 14.77 feet to the point of beginning, together with the right to enter upon and to pass and repass over and along said easement whenever and wherever necessary for the purposes above set forth. EXHIBIT C A. • DA AWN Sq TRIO CANDID .Y be obtained Dom. \ceit C'O'Js /r4G /IO, eas t'» lnt 0 S. /0���0 Z. C Smifh Pl uK 3I L*,dc. v w CV �� v+o `Q t'r 6¢ 3 DATIL ST©R41 D'A:'NA6E E.d EM 'WI T PTN. RANCHO R/Nb O/V de► SAN fR4NFL J DU/ *'Q APP yI IS- Z1 �/ ! s e 6ws Mo./i.I72 gaga Ea 3e ',.-.919 AA CITY OF .PAW ALTO, CAUPONMA