HomeMy WebLinkAboutRESO 5355.'
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WJML:l<IJ:JJJ..:v 'r/l/77 •
Rev: 3/1/77
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RESOLUTION NO. 5355 ORtGH\IAL
A RESOLUTION DETERMINING THA'l THE PU9LIC INTEREST
~D NECESSITY REQUIRE THE rlCQUISITION OF CERTAIN
LAND ANO DIREC'rING THE FILING OF EMINENT DC:'-tAIN
PROCEEDINGS
UNIVERSITY AVENUE AREA OFFSTREET PARKING ASSESSMENT DISTRICT
PROJECT NO. 75-63
RESOLVED, by t~e Council of the C1.ty of Palo Alto,
California, that
WHEREAS, it is necessary.and desirahle for the City of
Palo Alto to acquire that certain real property more particula~ly
described in Exhibit "A" atta~hed hereto and by this reference
made a part h~reof, for the purF-of constructing, operating
and maintaining offstreet parking facilities in connection with
the University Avenue Area Offstreet Parking Assessment District,
Project No. 75-63, as described in Resolution of Intention No.
5242, adopted by said Council on August 9, 1976, here~nafter
referred to as "the Project":
WHEREAS, notice ha~ been duly given pursuant to the pro-
visions of Section 1245.235 of the Code of Civil Procedure of the
State of California, and all persons whose property is to be
acquired by eminent domain and whose name and addrese appear on
the last equalized county assessment roll have been given a
reasonable opportunity to appear and be heard before the Council
of the City of Palo Alto on the following matters, to wit:
(a) Whether the public interest and ~ecessity require
the University Avenue Area Offstreet Parking Assessment District,
Project No. 75-6~;
(b) Whet.he:.: said projer.:t is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury1
(c) Whether the property sought to be acquired is necessary
for said project~ and
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WHEREAS, t.he City of Palo Alto is vested with the power
of eminent domain to acquire real or person<ll property by virtue
of Article 2 of the Charter of t:!-·•::: City of Palu Alto, Section
13.12.040 of the Palo Alto Municipal Code, Sections 37350.5 and
37353 of the Government Co<le of the State of California, and
Al".ticle 1, Section i ~ of t.he CC"nsti tut ion of the State of California.
NOW, THEREFOP.:::: I T':" is 1-'0UND, DETERMINED and ORDERED, as
follows:
The public interest and necessity require the Project,
comprised of the acquisition, construction, completion, mainten-
ance and operation of offstreet parkiug facilities in, over, across
and upon the pt'lrcels of land more particularly described in said
Exhibit "A", and the taking of the fee simple title in and to
the parcels of land more particularly described in saio Exhibit
"A", for offstreet parking purposes i.s necessary for said Project.
2. The Project is planned and located in the manner which
will be most compatible with the greatest public good and the least
private injury.
3. The City Attorney and the law firm of Wilson, Jones,
Morton & Lynch, special counsel for the City, be and they are
hereby directed to institute and conduct to conclusion an action
in eminent domain for the acquisition of the estates and interests
aforesaid and to take such action as is necessary therein, and said
law firm of Wilson, Jones, Morton & Lynch shall be pa~d a reasonable
fee there:t:or.
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I hereby ccrti fy that the f<,rf'qoi ng is a. ful 1, true and
correct copy of a resolution dul~ pa5sed and adopted by the
C:i ty Council of the City uf 1-~ Lo Aj to, Santa Clara County,
California, at a meetin0 thereof helc;. on the 28th day of February
1977.
AYES, ;md in .rave.· ~'lereof, Councilmembers: Beahrs. Berwald.
Clay, Comstock, Eyerly, Norton, Sher, Wltherspoon
NOES, Councilmenbers: None
ABSTAIN, Counci.lmembers: Carey
ABSEN'l', Councilrnembers: None
the City of Palo Alto
APPROVED:
APPROVED:
• • .
OESCRT.PTION
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All that certain parcel of land situate in the City of
Palo Alto, County of Santa Clara, State of California, described
as follows:
Parcel No. 3:
Lots 12, 13, \4, 15, 29, 30 in Block 20, as shown upon that
certain Map entitled, "Map of H.F. rerry's Subdivision," which Map
~as filed for record in the office of the Recorder of the County
of Santa Clara, State of California, on February 4, 1890, in Book
D of Maps, at page 171. ·
Parcel No. 4:
Subdivisions 10 and 11, except the Southeasterly 15 feet
of said Subdivision 10, Subdivisio1·.s 31,. 32, 33 and 34, except the
Southeasterly 15 fe.et of the Northeasterly 105 1/2 feet of Sub-
division 34, all as shown upon that certain Map entitled, "Map of
H.F. Perry's Subdivision of the South Half of Block 20, University
Park," which Map was filed for record in the office of the Fecorder
of the Cowity of Santa Clara, State of California, on February 4,
1890, in Book D of Maps, at page 171.
EXCEPTING THEREFROM the Southwesterly 7 fe~t of Lots 29,
30, 31, 33 and 34, as set forth in the Final Judgment of Condemna-
tion recorded Decen~er 13, 1972, in Book 0153 of Official Records,
page 218.
EXHID:T "A"