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HomeMy WebLinkAboutRESO 5496• .. ¥/'.;J"' tnlllL 'f().' 'C. f 'I o{ p~ /ltfo ~5() Nflm;t..ttJN Av£· 'f'IJ te> /It.~ , t! ~ c; y 3~ I 191fN · e;·, ll)I 19T7'Jtl Y J ~t'fi.­ 8COK • -1'17 4 f·G432 5496 58873~8 ORIGINAL RESOLUT lON NO. kESOLUTlONOF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF PALO ALTO, TO PERFORM CERTAIN ACTS CONCERNING LYTl'ON GARDENS WHEREAS, Section 27281: as.amended Stats. 1959~ of the Govern- ment Code of tta State of California provides that deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordstion without the consent of tae grantee evidenced by its certificate or reb·olut.ion of acceptance atta\!hed to or printed on the deed or grant; and sfaid section further provides that a political corporation or governmental agency, by a general resolution, may authorize an offic,er or agent to accert and consent to snch deeds 1 . or grants; and -· --: ) ---.. -/ .. ,. , ---wHEREAs » with r~spect to -the Lytton Gard~ns expansion proj~·-.!t in the City of Palo Alto0 it is nece~n1.ary that· an officer or ag~.~~ of the City be authorized. to accert such deeds and grants, to sell and convey real property~· and to do such other things as may-be nec~ssary to effectuate the real property transactions involved. ~herewith; · -,NOWp: ~ORE/ -t~~ Council of the -City of Palo Alto does RESOLVE as foll~w~: SECTION_!o The.City of Palo Alto. a municipal corporation .nf the State of Califoniia1 does hereby'authorize the Mayor~ or ,. ·1n hi!i stead the Vice Mayt,>r, for it an~ in its name» place~ and _ stead, and for its use a..~d ~enefit;· (1) To accept any and all deeds i,':trust deeds, mortgages, or gr an ts conveying any ·interest in or easement upon the ·real · ·~-' ...;: property comprising~ or to become part of, Lytton Gardena, located in the block bounded by Webster Street, University Avenue~ Middlefield Roadp and Lytton Avenue, in the City of -:' Palo Alto~ County of Santa Clara, State of California, and more particularly described on Exhibits A~ B, C, and D, attached hereto and by·reference incorporated herein as though fully set forth, upon such terms and conditions as he may deem necessary and proper; and to signp execute, ackn~ledge, and deliver. in the name of the City of Palo Alto or otherwise, such instruments .• with such covenant?J or conditions as he may deem froperp as may be required in connection with such deeds, trust deeds, mortgages~ or grants; and to make any adjustments or do any other acts or things as the City of Palo Alto might or could-do iq connection with the samep inciµd~ but not limit:ed to consenting to its or their recordation. .. (2) To purchase ~nd ~ccept delivery of, and to grantp b•rgain~ sell~ and convey ibe aforementioned real property, or any partc thereof or interest therein, on such terms and conditions as contained in those two certain agreements between the City of Palo Alto and Coamunity Rousing, Inc.; approved by the Council on December 12. 1977t c~nceruing the same, and to sign, execute, acknowledge, and deliver, in · .. -... -=- • . .. • ORIGINAL the name of t~u~ City of Palo Alto or otherwise, such deeds, conveyan-::e~,---o,_... instruments. with such covenants or condition• as he may deem proper, as may be required in connection therewith; and to make any adjustments or do any othe1· ac~s or things aa the City of Palo Alto might or could do in con· nection with the same, including but not limited to consenting to its or their recordation. The City of Palo Alto further gives and grants unto its said Mayor~ or in his stead the Vice Mayor. full power and authority to do and perform every act necessary and proper to be done in the exercise of any of the foregoir._! powers as fully as it might or could do. SECTION 2. The City Clerk hereby is authorized and directed to certify to the adoption of this resolution and to have a copy thereof recorded with the County Recorder of Santa Clara County. INTRODUCED AND PASSED: Dece:Uer 12., 1977 Fazzino, Pletcher., Bea.deraoa, Sher, Wieber~o0 5887338 BCCK -f>J7 f r-t432 'fl.ED FOR RECORD -&sr AMERf AT REQUEST or t.Alf .TJTI.£ !~~!£ COJIPAll_ ; . ~~~~~--~''· 4 ..,,,. ~11 Comar.Jnity Envir~-:-:!lent STATE OF CAI.lFORNlA ) ) ss: COUNTY OF SAlITA CLARA _ _ ) On this {f )"'"# day of December, 197 7, before me, a Notary Public in and C>r sa!d County and $~ate, personally appeared BYRON D. SHER, known to me to be the Mayor of the City of Palo Alto, the municipal corporation that executed the within instrument on behalf of said municipal corporation and acknowledged to me that said municipal corpora~ion executed the same. IN WITNESS ~REOF, I have hereunto set my hand ~.nd affixed my official seal the day and year in this certif i~te first above I • '~ I written. • OFFICIAL SEAL SHIRLEY J. POITRAS NOTARY J>UBllC • CAUFOANIA W!TA ClA-.a. COUNTY Ky .... ..,,,.. JUL 22, 1919 tt'Ofuyunand for said County and State -. .. BUGil> 374 k434 EXllIRlT "A" All that ccrt:ii~ f~~f~~erty situated in the City of Palo Alto, County of Santa Cl•kra, St~tc of ~~orn~a. described as follows: ---~-- -PARCLi. l: _-'".<-\.... Being a portion of Lots 1, i, j'~nd 4 Block 43, as shown on the Map of Universit7 Park recorded February 27, 1889 in ~~k. "D", p.aze 69 of Maps, records of Santa Clara County -being more particularly descL~b~~ as follows: ~ Comir.eneinr. at the intcri:oection of the Southwestcrly·!~ne of Middlefield Road-and and the Northwestedy line of University Avenue; '---<::-'-------------- thence S. 38° 15' W. along l<'l!st mentioned Horthwesterly line a· ~~ce o.f __ 174. i5 feet, to the TRUE POI"IT OF SiGINNING; --=-- thence continuing S. 38° 15' W along the Northwester!; line of said University Avenue a distance of 177.75 feet; · thence N. 51° 45~ Wand parallel vith the Southwesterly line of said Middlefield ffoad a distance of 250.00 feet; thence N. 3!0 15' E and parallel vith the Northwesterly line of said University Avenue ~ distance of 52.50 feet; thence S 51° 45' E and parallel with ~he Southwesterly line of said Middlefield Roa.d a distance of 22. 63 feet; .; thence N. 38° 15' E and parallel with the North~steily line of said Univet"sity Av-enue a distance of 32.25 feet; · - . th<!nce S. Sl-° 45' E and parallel with the Sot.it.hvec-terly line of said ·Middlefield Road a ~istance of 15.62 feet; ·'. -_, thenc~ N. 38° 15' E and parallel with the Northwesterly l:ine of said·University Avenue a distance of 29.50 (eet; thence S. 51° 45' E and parallel with the Southwesterly line of said Middlefield R03d a distanc.e of 11. 75 feet; thence N. 38° 15' E and parallel vith.~he Hortliwesterly line of said University Avenue a distance of 38.25 feet; thence S. 51° 45' E and parallel with the Southwesterly line of·said Middlefield Road a distanee of 133.00 feet; thence North 38° 15' East and psrallel with the Northwesterly line of University Ave"Jue a distance of 22. 2S feet; . th~nce S. 51° 4~' E nnd paTa.llel with the Southwesteily line -of said Middlefield Rcmd a distance of 19.25 feet; thence N. 38° is• E and parallel with the Northwesterly lin2 of said Universtty Avenue a distance of J.00 feet; thence S. 51"' 45' E and.parallel with the Southwesterly line of·said Middlefield Road a distanc~ of 47.75 feet ·to the TRUE POINT OF BEGINNING. RESERVrnC 111EREFROM an e:is.:Ul\,~t for ingress, egress, and all appurtenances used in aAd - ror-underground parking over 90 much of the herein.above desc~ibed premises 1a0re particul~rly des.-cribed as follovs: - Being a port lo~ of i.ots 1 .and 4· Blo~k 43, as shown on the Hap of University Park re-corded Fcbru.:u·y 27, 1889, in Book 11011 page 69 of tbps, rer.ords of said. _Santa Clara County Being more p~rticulnrly dcsr.ribcd as foll~: Colmll\lnCing nt the incerscction of the Souchcasterly line of Lytton Avenue and the Soul h\i.•stcrly line \.lf MiddlC'field Ro.ad; · 1t~nre S. 38° 15 • W .:llonp. las.t D!nti-oned Soutl)easterly. line. a distance of 300. 00 • ~C't.. .. t; continued ••••••• , , ----------------------·---···-• .... • e . ... PA 2-4824 F.xhibit "A" _ Page 1 BC-0(1) 37 4 h435 thcncl.! s. 51° 45' E ~d-p~allcl with the Southwesterly line of said MidJlefid .. d Road 3 clistancc or 172. 63 feet; ------------------------- ----thence N. 38 .. l)' E 11no par:i1 kl with tr_c Southc.1st~~1y i:l,;c-of-said l.yt!e~-------- Avenue-~ dis..t_~ncc of 25.21 feet to the TRUE-POINT OF BECINN!NG. thr1cc ~oncinuing N. 38° 15' E 3nd ~ar~llcl ~1th last ~ntioned Southeasterly -- line 3 distance of 7.04 fceti thence S. 51° 45' E and parallel with the Southwesterly line of said Middlefield Road a distnnce of 15.62 feet; thenr.e N~ 38° 15' E and.parallel with the Southeasterly line of said Lytton Avenue s distance of 29.50 feet; thence s. 51° 45' E and parallel with the Southwester~y line of said Middlefield Road a distance of 7.63 feet; thence S. 38° 15 1 W and parallel with the Southeasterly line of said Lytton Avenue a di stance of 36. S4 feet; -·. · thence N. 51·0 45' w. ,and p~rallel with the So\,\ 1.:hwesterly line of said Middlefield Road & distance of 23.25 feet to the TRUE POINT OF BEGINNING. The easement as above refered to is limited to an elevation of 9.61 feet below the ground floor elevo:tion of the existing ittructure locat~_4_on.l.3%\4s-ne-..-particularly.·<---: described as follows: Colllllencing at the intersection of the Southeasterly line pf Lyt~on Avenue and the Southwesterly line of Middlefield Road; • thence S. 38°. 15' West along last a<!ntione<i' Southeasterly line a dts.tance of 300..00 feet; thence S. 51 • 45' E and parallel with the Southweste-rlv line of said Middlefield Road a distance of 172.63 feet to the TRUE POINT OF BEGINNI~; · · thence continuing s. :n• 4S' £and paralk.l -:.:!:?:-:h~ _s~~t~~"!t.~rJy H.ne of _ _ _ said Middlefield Road a distance of 27. 37 feet; -. -· · ---------~-- th\!nce ,N. 38° 15' E arid parallel with the Southeasterly line of said Lytton Avenua a distance of 61.7S feet; thence N. 51• 45' W and parallel with the SoutM:esterly line of said Middlefield aQ-:Jrl a distance of 11.75 feet; thence S~ 38° 15' W and parallel with the South~.aste.cly line _o-f said LyttQn Avenue a distance of 29.50 feet; · thence N. 51° 45' Wand paTallel with the Southwesterly line of Middlefield Road a distance of 15.62 feet; thence s. 38° 15' W and parallel with the Southeasterly line of said Lytton Avenue a distance cf 32.25 feet to the TRUE POINT OF BEGINNING. rARCEL 2: An cas<-rnenr for ingress and egress over a strf,?. of land 16 feet in v!dth the South- --vcn.-tcrlj lii1-oi. vf -.:h!~~ !~ ~!'~-~~tt~~~arly described as follows: . .·-·---·~--------, --. -·. -- Commencing at ~he intersection of the Southeasterly line of Lytton Avenue with the Southwesterly line of Middlefield Road. as the snmc are shoWn upon that certain Map of Univcni ry P<1rk filed for record in the of Hee of the Recorder of the County of ~nta Clara, State of Califcrni.:1, on February 27, 1889 in Book "D" of Haps, at page 69; thence South 38° 15 • West i11onc the Southe;o;tedy line of Lytton Avenue a distance of 296.40 feet to the tru~ point of beginning: tl\cncc from said tn~ point of beginning South 51 • 45' East a distance of 172. 63 fl•«.>t to the tcnll'lnu:; thereof. .. .. . L_. RELEASE PARCET.. NO. · l All that certain real property. sit:uate in the cityof Palo Alto, County of Santa Clara State of California described as follows: Being a portion of .Lot 3 Block 43 as shown on the Map of Uni- ve!:s!ty Park recorded February 2 7, 1889 in Book 11n•t Page 69 · of Maps records of said Santa Clara County being more parti- cularly described as followc: · •. . ... " Cotllllencing st the intersection of the southwes~eriy line Qf Middlefield Road and the Northwesterly ,line of University . .. J; .. Avenue; thence S 38° 1.5' W along last mentioned .. northwest:!rly .. : line a distance of 174.75 feet.to the TRUE POINT,OF BEGINNING; :---·-==·· ------,----'--=----~l--..ene.~_c~~~t:'i:r!.'~J!'g_i; __ 3_8~_..;..l~_:_:W alo~J~~.~~, ~o-Itl)w~~-te_r~Y._1-ine of . · :: . . , said University Av~n1Jc a distance of 25.25 feet;-·--·tne_nce·-·· ,=-:.=-=-~-.:=:~ ·1· N:5!C>.-!!-5.!.-E-:nd para,~lel with the southwesterly line ·of said . . · Middlefield Road _a<distance of 67 .oo feet; _thence N 38° 15' E . an9 parallel with the no.rtlvesterly line of said University . -'-.. Av.::f:'n-.!e a distance of 22 .25 feet; thence S 51° 45' E and par- allel with the southwesterly line of-said Middlefield Road a distance of 19.25 feet; ·thence N 38° 15' E"imd parallel.wL~h the northwesterly line of said University Avenue a distance of 3.00 feet; thence S 51° 45' E and parallel with the south- westerly line o! said Middlefield Road a distance of 47.75 feet to the TRUE POINT OF BEGINNING. . .· •. ·. • -, .. ------.. __ -- -.. ~ .. --·--·------· ~- .EXHJ BIT _t__ RELEASE PARCEt·No. 2 All-that certain real property situate in the City of Palo Alto County of Santa Clara State of California described as follows: • Being a portion of Lots l and 4 Block 43 as shown on the Map · of University Park recorded Frbruary 27, 1889 in Book "D" Page 69 of Maps records.of Santa Clara County California being more particularly described as follows: C~nnenc~ng at the intersection of the southeasterly line of Lytton Avetiue and the southwesterly line of Middlefield_~g~c;l;_ _ _____ _J thence S 38 ~ ; 1-5 ~ West a long last ~.P.ntioned-aoutheasteriy line a distance of'300.00 feet; thence S 51° 45' E and parallel . with the southwesterly lirte of said Middlefield.Road a distance of 172.63 feet to the TRUE POINT OF BEGI~I~G; th~n~e contin- uing S 51° 45' E and para~lel with the_ southwesterly line of said Middlefield Road a distance of 27,.,-;~·t_ feet; thence N 38° 15' E and parallel with the southeasterly i1ne of said Lytton . ·, Avenue a distance of 61.75 feet; thence N 51° 4.5' W and_parsl-__ .. _ iel wit1f-ttie· southwe-steriy-11.lie 'or-"8~a1a Middlefield-Road-a -a1s.=--:---~ tance of ll.75 feet; thence S 38° 15' Wand parallel wtth the j · southeasterly.line of said Lytton Avenue a distance of 29.50 ; feet; thence N 51° 45' Wand parallel with the southwesterly line of said Middlefield Road a distance of 15.62 feet; thence S 38° 15' W and parallel with the southeasterly line of said Lytton Avenue a distance of 32.25 feet to the TRUE POINT OF BEGINNING. -· . ;. ; - ~ t .. . "' !. ---t. :~ f: .. ·-T' " _ .. .,, ~~ - ·. "' ~~ ~ ··= ·-.. ,:.,; ·-· ·~~ ·;i, ' I - /" .··e ... -BccKb 37 4 rG438EXUIBIT D ... ' -• ---------r A portlon of Lots 1 and Z-in 'Blocit 43 ~ 5how-n en the Map-~f University Park which . said Map was filed for record in the off.'.ce of the Recorder of the f",ounty of Santa · Clara, State of California, on February 27, 1889, in Book ''D" of Maps• at page 69, JOY~ particularly described as f~llows; Beginning at a point on the Northwesterly line of University Avenue distant thereon S. 38°1~' W. 352.50 feet from the point of intersection of the Northwesterly line of Univet.~ity Avenue with the Southwesterly line af Middlefield Roa~, as said Avenue· aGd Road are shown upon the Map hare1nabove referred to; thence K. 51°45'_ W. and parallel vitb the Southwesterly line of said Middlefield load a distance of 250. 00 feet; thence H. 38°15' E. atd parallel with the Nortbwester:I:y line of said University Avenue a distance of 2.50 feet; t~P..ice H. Sl0 45' w. and parallel with the Southwestet'ly line of said Middlefield 'RoAaa distance of 10.00 feet; thence s. 3S.;15·' w. and parallal vith the Northwesterly line of said Universicy. Avenue, a distance of 150.00 feet to a point on the Northeasterly line of Webster Street, as said Webster Stree.: is shown upon t:he Map hereind.bove referred to; thence S. 51°45' E .. along the Northeasterly line of said ~ebster Street a _. Mstance of 260.00 feet to the l'Oint of intersection of said Northeasterly line of l!'ehster Street with the Northwesterly l~ne of .University Avenue; thence tf. 3&0 15' E. along the llort.hwesterly line of Siiid University Avenue a · distance <>f 147. 50 feet to the point of beginning. •. *"C. ---• .. --· .. • ... ----. .;:<_ .. .. . ·-_ ......... -. . . •, ..-.------~-.. 4:' --.... ---. -- . -t.. ..... -.. -- ~-... . -. -. --. .-. ---~ -----... - ---· --= -- . / i -·