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HomeMy WebLinkAboutRESO 3941P RESOLUTION NO. 3941 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY OF SAID CITY REQUIRE, FOR PUBLIC USE FOR SANITARY SEWER AND RELATED PURPOSES, CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA (CHANNING AVENUE TRUNK SEWER, PROJECT NO. 65-5) The Council of the City of Palo 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: sanitary sewer 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, C, D, and E 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 locates in a manner which will be most compatible with the greatest public good and the last 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 to acquire an easement and right of way in, over, under and across said lands described in 1 EXHIBITS A, B, C, D and E 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, C, D and E, 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: November 2 1, 19 6 6 b y unanimous vote AYES: NOES: ABSENT: Rua, Woodward yor PROPERTY DESCRIPTION APPROVED: a - Engineering Depa rtmen 2 EASEMENT -- WARREN P. H0:'CK. TRUSTEE Beginning at the most nort:heriy corner of that certain parcel of land conveyed by 3ay Area Industrial Corporation to Warren P. Houck, as trustee, by deed dated November 20, 1964 and recorded November 23, 196K in Book 6750 of Official Records at page 237, rec;rds of Santa Clara County, California; thence S.58° -5'20"W„ along the northwesterly line of said parcel 343.53 feet to the point of intersection there- of with the southwesterly line cf said parcel; thence S.16°23'E. along said southwesterly line 20.69 feet; thence N.58°45'20"E. parallel to said northwesterly line 343.53 feet to a point on the northeasterly line of said parcel; thence N.16°23'47. along said northeasterly line 20.69 fett, to the point of beginning, being a portion of said parcel of land hereinabove referred to, also being a portion of the Rancho Rinconada del Arroyo de San Francisquito. Together with a temporary easement for construction pur- poses which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of comple- tion with respect to the utilities being placed in the above described easement by the contractors for City's Project No. 65-5, said construction easement being more particularly des- cribed as follows: Beginning at a point on the northeasterly line of said parcel of land conveyed by said deed hereinabove referred to, distant thereon 5.16 23'E. 20.69 feet from the most northerly corner of said parcel of land; thence S.16'23'E. along said northeasterly line 25.86 feet; thence S,58°45'20"W. 67.25 feet; thence N.16`23'W. 25.86 feet, to a point on the southeasterly line of the above described easement:; thence N.58°45'20"E. along said last named Line 67.25 feet to the point of beginning. EXHIBIT "A" • • EASEMENT - TOOTSCGiJ KUMAGAI ET UX Beginning at the most northerly corner of that certain parcel of land conveyed by deed to Toyotsugu Kumagai et ux dated February 23, 1965 and recorded February 24, 1965 in Book 6859 of Official Records at page 657, Records of Santa Clara County, California; thence 5.58°45'20"W. along the northwesterly line of said parcel 167.97 feet to the point of intersection thereof with the southwesterly line of said parcel; thence S.16°23'E. along said southwesterly line 10.96 feet; thence N.49°30'20"E. 34.80 feet; thence N.58°45'20"E., parallel with said northwesterly line, 135.12 feet to the northeasterly line of said parcel; thence N.16°30'W. along said northeasterly line 5.17 feet to the point of beginning, being a portion of said parcel of land hereinabove referred to, also being a portion of the Rancho Rinconada del Arroyo de San Francisquito. Together with a 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 utilities being placed in the above -described easement by the contractors for City's Project No. 65-5, said construction easement being more particularly described as follows: Beginning at a point on the southwesterly line of said parcel of land so conveyed by said deed hereinabove referred to, distant thereon S.16°23'E. 10.96 feet from the most westerly corner of said parcel; thence running S.16°23'E. along said southwesterly line 27.39 feet; thence N.49°30'20"E. 32.87 feet; thence N.16 23'W. 27.39 feet, to a point on the southeasterly line of the hereinabove described easement; thence 5.49`30'20"W. along said last named line 32.87 feet to the point of beginning. EXHIBIT "B" • • EASEMENT - CARL A. HOLVICK and PATRICIA V. HOLVICK, HIS WIFE Beginning at the most northerly corner of that certain parcel of land conveyed by Bay Area Industrial Corporation to Carl A. Holvick, et ux, by deed dated November 20, 1964 and recorded November 23, 1964 in Book 6750 of Official Records at page 236, Records of Santa Clara County, California; thence S.58°45'20"W. along a northwesterly line of said parcel and its southwesterly prolongation 283.35 feet, to a point on the northeasterly line of East Bayshore Road (46 feet wide); thence 5.59°28'06"E. along said northeasterly line 22.70 feet; thence N..58°45'20"E. parallel to said northwesterly line and its southwesterly prolongation 267.37 feet, to a point on the northeasterly line of said parcel; thence N.16°23'00" W. along said northeasterly line 20.68 feet, to the point of beginning, being a portion of the Rancho Rinconada del Arroyo de San Francisquito. Together with a temporary easement for construction pur- poses twenty-five (25) feet in width lying adjacent to and southeasterly of the southeasterly line of the above -described easement and extending from East Bayshore Road to the north- easterly line of said parcel of land, which said construction easement only shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of comple- tion with respect to the utilities being placed in the above - described easement by the contractors on City's Project No. 65-5. EXHIBIT "C" EASEMENT - SLGA NAGATOISHI ET AL Beginning at the most easterly corner of that certain 5 -acre parcel of land described as PARCEL ONE in that certain deed from Chuda Nagatoishi et ux to Ben K. Natatoishi et ux dated March 22, 1961 and recorded March 30, 1961 in Book 5120 of Official Records at page 244, Records of Santa Clara County, California; thence S.58 45'20"W. along the southeasterly line of said 5 -acre parcel 199.01 feet; thence N.16'23'W. 20.69 feet; thence N.58°45'20"E. parallel to said southeasterly line 198.96 feet, to a point on the northeasterly line of said 5 -acre parcel; thence S.16°30'E.along said northeasterly line 20.68 feet to the point of beginning and being a portion of said 5 -acre parcel, also being a portion of the Rancho Rinconada del Arroyo de San Francisquito. Together with a temporary easement for construction pur- poses which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice of comple- tion with respect to the utilities being placed in the above described easement by the contractors for City's Project No. 65-5, said construction easement being more particularly described as follows: Beginning at a point on the northeasterly line of said 5 -acre parcel of land hereinabove referred to, distant thereon N.16°30 W. 20.68 feet from the most easterly corner of said parcel; thence N.16°30'W. along said northeasterly line 25.85 feet; thence S.58°45'20"W. parallel to the southeasterly line of said 5 -acre parcel 198.91 feet; thence 5.16°23'E. 25.86 feet to a point on the northwesterly line of the above described easement; thence N.58°45'20"E. along said northwesterly line 198.96 feet to the point of beginning. EXHIBIT "D" • • EASEMENT - ROBERT J. BAHR and MAt'RICE L. LEDOYEN, JR. Beginning at the point of intersection of the north- easterly line of that certain parcel of land conveyed by John P. Demeter et al to Robert J. Bahr et al by deed dated April 24, 1958 and recorded May 1, 1958 in Book 4064 of Official Recnrds at page 462, Records of Santa Clara County, California, with the southeasterly line of Embarcadero Road (86 feet wide) as established by that certain Deed of Dedica- tion conveyed by Robert J. Bahr et al to City of Palo Alto dated December 16, 1959 and recorded December 21, 1959 in Book 4642 of Official Records at page 490, Records of said County; thence from said point of beginning S.51°37'W. along said southeasterly line 26.50 feet; thence S.65°39'E. 74.93 feet, to a point on said northeasterly line of the parcel of land so conveyed to Bahr, et al; thence N.45°05'W. along said northeasterly line 67.07 feet, to the point of beginning, being a portion of the Rancho Rinconada del Arroyo de San Francisquito. Together with a temporary easement for construction pur- poses which shall terminate one year after the filing by the City Engineer of the City of Palo Alto of a notice .of comple- tion with respect to the utilities being placed in the above described easement by the contractors for City's Project No. 65-5, said construction easement being more particularly described as follows: Beginning at a point on said southeasterly line of Embarcadero Road, distant thereon 5.51°37'W. 26.50 feet from the point of intersection thereof with the northeasterly line of said parcel as conveyed to Bahr, et al, hereinabove referred to; thence 5.51°37'W. along said southeasterly line of Embarcadero Road 22.50 feet; thence S.65°39'E. 138.54 feet to a point on said northeasterly line; thence N.45°05'W. along said northeasterly line 56.93 feet, to the point of inter- section thereof, with the southwesterly line of the easement hereinabove described; thence N.65°39'W. along said south- westerly line 74.93 feet to the point of beginning. EXHIBIT "E"