HomeMy WebLinkAboutRESO 5356..
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RESOLUTION NO.
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WJML:KIJ:JJL:v 2/V77 Pl+2
H•'V: 1/1/77
5356
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
LAN!'> AND DIREC'mING THE FILING OF EMINENT DOMAIN
PROC~EDINGS
UNIVERSITY AVENUE AREA OFFSTREET PARKING ASSESSMENT DISTRICT
PROJECT NO. 75-63
RESOLVED, by the Council of the City of Palo Alto,
California, that
WHEP.EAS, it is necessary and desirable for the City of
Palo Alto to acquire that certain real property more particularly
described in '£xhibit "A" attached hereto and by this reference
made a part hereof, for the purpose cf constructing, operating
and maintaini~g offstreet parking facilities in connection with
the University Avenue Area Offstreet Parking Assessment District,
Project No. 75-63, as describec in Resolution of Intention No.
5242, adopted by said Council on August 9, 1976, hereinafter
referred to as "the Project";
WHEREAS, notice has 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 doJ11a.in and whose name and address appear on
the last equalized county assessmen·;:. 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 necessity require
the University Avenue Area Offstreet Parking Assessment District,
Project No. 75-63;
(b) Wl'ether said project is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury;
(c) Whether the property sought to be acquired is necessary
for said projectr and
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WHEREAS, the City of Palo .'H to is vested with the power
of eminent domain to acquire real or personal property by virtue
of Article 2 of the Charter of the City of Palo Alto, Section
13.12.040 of the Palo Alto Municipal Code, Sections 37350.5 and
37353 of the Government Code of the State of California, and
Article 1, Section 19 of the Constitution of the State of California.
NOW, THEREFORE, I~ IS FOUND, DETERMINED and ORDERED, as
follows:
1. The public interest and necessity require the Project,
comprised of the acquisition, construction, completion, m.ainten-
ance and operation of offstreet parking facilities in, over, across
and upon the parcels of land more particularly described in said
Exhibit "A", with the design of the proposed offstreet parking
facility to include a 10-foot landscaped setback (including pre-
servation of the existing redwood tree} along Kipling Street and
a JO-foot landscapad setback along Lytton Avenue, and the taking
of the fee simple title in and to the parcels of land more par-•
ticularly described in said Exhibit "A", for offstreet parking
purposes is necessary for said Project.
2. The Project is planned ana located in the manner which
,.,ill 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 ~he 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 ihterests
af'oresaid and to take such acti-:>n as. is necessary therein, and said
law firm of Wilson, Jones, Morton & Lynch shall be paid a reasonable
fee therefor.
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I hereby certify t.hat the foregoing is a full, true and
~orrect copy of a resolution duly passed and adopted by the
City CoW'lcil of the City of Palo Alto, Santa Clara County,
California, at a meeting thereof held on the 28th day of February
1977.
AYES, and in favor thereof, Councilrnernbers: Beahrs, Berwald,
Clay, E~erly, Norton, Witherspoon
NOES, CounciJ merrbers: Comstock, Sher
ABSTAIN, Council.members: Carey
ABSENT, Counc i l:membe rs : None
City Clerk th~ City o Palo Alto
APPROVED:
APPROVED:
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EXHIBIT "A'.
DESCRIPTION
All t~at certain parcel of land situate in the City of
Palo Alto, County of Santa Clara, State of California, described
as follows:
Parcel No. 1:
Portion of Lots 30 and 31, in Block 30, as shown up~r that
certain Map entitled, "Wade's Subdivision of Bluck 30 Palo (Uni-
verc;;ity Park) Alto," whtch Map was filed for record in the office
of the Recorder of the County of Santa Clara, State of Califo£nia
on April 20, 1893, in Book G of Maps, at page 65, and more parti-
cularly described as follows:
Commencing at ~he point of intersection of the Southwesterly
line of Kipling Street, also known as Margaret Street, with the
Southeasterly line of Lytton Avenue; ~hence running Southeasterly
along the said Southwesterly line of Kipling Street Fifty (50)
feet; thence at a right angle Southwesterly and paraU_el with Lytton
Avenue Fifty-six (56} feet Three (3} inches; thence at a right
angle Northwesterly and parallel with Kipling Street Fifty (50)
feet to a point on the Southeasterly line of Lytton Avenue; thence
Northeasterly along the said Southeasterly line of Lytton Avenue
Fifty-six (56) feet Three (3) inches to the point of beginning.
Parcel No. 2:
Portion of Lots 30 and 31 as shown upon that certain Map
entitled "Wade's Subdivision of Block 30 Palo Alto (University
Park}~, which Map was filed for record in the office of the Recorder
of the CoWlty of Santa Clara, State of Califcrnia on April 20, 1893,
in Book G of Maps, page 65 aod more particularly described as follows:
Convnencing at a paint on the Southeasterly line of Lytton
Avenue, distant thereon 56 feet 3 inches Southwesterly from th~
point of intersection of the Southwesterly line of Kipling Street
(formerly Margaret Street) with said Southeasterly line of Lytton
Avenue; running thence Southwesterly al~ng said Southeasterly line
of Lytton Avenue 56 feet 3 inches; the~ce at a right angle South-
easterly and parallel with Kipling Street, 50 feet; thence at a
rig~t ungle Northeasterly and parallel with Lytton Avenue, 56 feet
3 inches; thence at a ri~ht anqle Northwesterly and parallel with
Kipling Street, 50 feet to the point of commencement.
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