HomeMy WebLinkAboutRESO 5497••
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RESOLUTION NO.
• •• 9':« &J7 f rs'-.'19
S497 ORIGINAL
RESOLUTION OF THE COUNClL OF THE CITY OF PALO ALTO
GRANTING THE SE:l(.OR ASSISTANT CITY ATTORNEY, ON
BEHAJ..F OF THE CITY OF PALO ALTO> POWER OF ATTORNEY
CON~ERNING LYTTON GARDENS -H --~
"" •I WHEREAS~ Section 27281, as amended·Stats. 1959, of the Govern-
ment Code of the 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 recordacion without the cons·ent of the _grantee evidenced
by its certificate or resolution of acceptance att'ached to or pi:inted
on the deed or grant; and said section further providea that a
political corporation or governmental agency, by a general resolution~
aay authorize an officer.or agent to accept and consent to such deeds
oi. · grants; and '· ·
WHEREAS, with respect to the Lytton Gardens expansion project
in the City of Palo Alto~ it is necessary th~t en officer or agent
of the City be authorized to accept such deeds and g~ants, to se~l
and convey real property, ~~d tocdo such other_ things aa may be
necessary to effectuate the real property transactions involved
tber~th;
.NOW, THEREFORED the Council of the City.~~ Palo Alto does
RESOLVE as follows:
SECTION 1. The City of Palo Alto. a municipal" corporation of
the State of California, d~es hereby appoint Marilyn Norek Taketa,
its Senior A3sistant .~ity Attorney~ as its true and lawful attorney
in fact, for it and in its name, place, and stead, and for its use -
and benefit·
(1) Tti ··:accept: any and all deeds, trust deeds, uiortgage_s.,,
or grants conveying any interest in or easement upon the real··
property ~9mprising; or to become p~t of~ Lytton Gardens~
locar.ed in:the block bounded by Webster Street., University
Avenue, ~.iddlefield Poad, and Lytton Avenue, in the City of
Palo Alto, County of Santa Clara, State of California, ~nd
more particularly descyibed on Exhibits A, B, c. and D. attached
hereto arid by refere~ce incorporated herein as though fully ·
set forth~ upon such terms and co1'1ditions as she 11ay deera
necessary and proper; and to sign, execute9 acknowledge, and
deliver, in the name of the City of Palo Alto or oth~rwiae,
auch instruments~ with such covenants or condit;i<'ns as ahe may
·deem proper. as may be required in connection with ·such deeda11
trust deeds, mortgages~ or grants; a~d to make any adj~•tmente or do any other acts or things as the City of Palo Altc m;gbt
or could do in connection with the smne, including but not
limited to consenting to its or their recordation.
(2) To purchase and accept delivery of. and to gr•nt,
bargain~ aelli and convey the afor.mentioned real property.
or •ny part thertK>f or interest therein, on such term.a and_
condition• as contained in those two certain agreement a -·· ~= ~ _
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SC:K 0 37 4 rc440
between the City of Palo Alto &nd Community Housing~ Inc .•
approved by the Counr.il on December 12, ~91i. concerning
the same; and t:o sign,_ execute, acknowledge, and deliver, in
the name of the City of Palo Al to or o: "'.erwise, euch deeds ,
conveyances, or instruments, with such covenants or conditions
as she may deem. proper, as may be required in connection
th~~ewith; and to make any adjustments or do any other acts
or things as the City of Palo .\lto 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
attorney in fact full power and authority to do and perform every
act necessary and prop~r· to be done in the exercise of any of the
foregoing powers as fully as it might or could do, with f~ll power
of substitution and x:~vocation, hereby ratifying and confirming -
all that its said attorney in fact 3hall lawfully d~. ;,;r cause to
be done by virLue hereof. '~
SECTION 2. This power of at~orney shall expire on July 1, 1978.
SECTION 3. The City Clerk hereby is authorized and dirEcted
to certify to the adoption of this resolutiou and to have & copy
thereof recorded with the Cotmty RecordeT of Santa Clara County.
INTR.ODQCED AND PASSED: December 12, 1977
Fazzino, Fletcher, Henderson., Sher, Witherspoon
~~f:-.. ";:> ~annngan<r
Coonunity Environment
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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BCG!) 37 4 r~4(1
. On this /&T""1'day of December, 1977, before me, a Notary
~blic in and for saftl County and State, personally appea~ed
BYRON D. SHER, known.to me to be the Mayor of the ~ity of Palo
Alto, the municip&.l corporation that executed thL within instru-
ment, and known to me to be the person w~~ executed the within
instrument on behalf of said municipal corporation and acknow-
ledged to me that said municipal corporation executed the same.
IH WITNESS WHEREOF:.· I have hereunto set my hand and a-€£ ixed
my official seal the day and year in this certificate first above
written.
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OFFICIAL SEAL
' SHIRLEY J. POITRAS
NOTARY PIJeLIC • CM.IFORNIA .
SANTA aARA COUNTY t
My comm. 11111rU JUL 22. 1171
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EXllIIHT 11A11
All thnt ccrt.:iin real property situated in the City of Palo Alto, County of
Santa Clnra, State of Californ~a. described as follo~s:
PARCF.t. 1:
Being a portion of Lots 1, 2, 3 .ond 4 Block 43, as shown on the Map of Univer~ity
Park recorded ::'ebruary 2/1 1889 in Book "D", page 69 of Maps, recoa:ds of Santa
Ch ·a County being more -particularly described as follows~
Commcncinr, at the intcr~cction of tie Southw~stcrly line of Middlefield Road and
and the. Northwesterly line of University Avc\l~1e-; ·
thence S. 38° 15' W. along.last mentioned Northwesterly line a distance of
174.75 feet, to the TRUE POINT OF BEGINNING;
thence continuing s. 38° 151 W along the Northwesterly line of said University
Avenue a distance of 177.75 fe~t; ·
thence N. 51° 45' W and parallel with the Southwesterly line of said Middlefield
Road a d:stance of 250.00 feet; thenc~ N. 38° 15 1 E and parallel with the Northwesterly line of said University
Avenue a distance of 52.50 fcetj
thence S 51° 45' E and parallel with .the Southwesterly line of said Middlefield
Ro~d ;i dist.J-nec of 22.63 feet; .c
thence N. 38° 15' E and parallel "1ith the Northwesterly line of said Un.iversity
Avenue a distance of 32. 25 feet;
. th~nce S. 51° ~5' E and parallel with the SouthW'esterly line of said -Middlefield
Road a distance of 15.62 feet;
thence N. 38° 15' E '"and parallel with th!;! Northliesterly line o,£, said ·University
Avenue a distance of 29.50 feet;
thence S. 51° 45' E and parall'i?l with the Soutl_lve~tedy line of said Middlefield
RC>.1d a distance of•.ll.75 feet; .
thence N. 38° '{5' E anci parallel. ytth the NoE"thwesterly line of said University.
> Avenue a distance of ·JS.25 feet; .--;-·' .. r .
· thence S. 51° 45' E and parallel with the Southwesterly line of· said Middlefield
Road a distance of 133.00 feet; · -· . .
thence Horth 38° 15' East and parallel with the Northwesterly line of University.
Avenue a distance of 22.25 feet; '
thQncc S. 51° 45' E und parallel with the Southwesterly line -of said Middlefield
Road a distance of 19. 25 feet;
thence N. 38° 15' E and pnrallel with the Northwes.t..erly line of said Universtcy
Avenue n distance of 3.00 feet;
thence S. 51° 45' E and patallel with the Southwesterly line of said Middlefield
Road a distance of 47. 75 feet to the TRUE POUrr. OF BEGINNING.
RESERVING TIIEREFROM an ~nsemcmt for ingress, egrcss, and all appurtenances µsed in and
fot· underground parking ovcT so much of th,e hereinabove described pre11ises more
particularly described as follows: ·
Being a portio~ .:lf Lots l and 4 filock 43, as shovn on the Hap of University Park
reco1-dt'd 1-·cbTu;iry 27 ~ 1~89, in Book uon page 69 of M.'.lps, r~cords of said Santa. Clara
·County n~inR more pnrticul~~ly dcsc~ibcd as follow~:
Conun1?nclng nt the intersection of the Southeasterly line of Lytton Avenue and th~
Southw,•st crly 1 tne \.'If MiddJ c>field Road•
th1Jncc S. 38° 15' W 3lorL~ h!tt mcnt toned SouthC!asterly line. a di_St3nce of JOO. 00
.~~l"t;
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• ... l-'A 2-4824
Exhibit "A"
_ . Page l
BOOKf) 37 4 rc443
thcncl~ s. 51° 45' E and pnrnlh•l with Lhc Southwesterly line of stiid Middlefield
P.oad n distance of 172.63 fccti
thence N. )8° 15' E and parnll<'!l with the Southc.1sterly line of said Lytton
Avenue a distance of 25.21 feet to the TRUE POlNT OF BEGINNING.
thence contin':ling N. 38° 151 E and pa~nllal with last mentioned Southeasterly.
line n distance of 7.04 feet;
thence s.-:: ~! • !.5-' ::: .,,,,.: p<&..-c:a!.!'"!. ·w;;.L:1 l.11&: ~uuL.i1w\::~i.«:i·iy· .iine of -~fa.iaM1Cid.ieiie1d · ·
Road a distance of 15.62 feet; ·
thence N; 38° 15 1 E and parallel with the Southeasterly line of said Lytton
Avenue ~ distance of 29.50 feet;
thence s. s1• 45' E and parallel with the Southwesterly line of said Middlefield
Road a distance uf 7.63·-feet;
··· --------. t.hence s. 38_0 15, W and parallel with the Southeasterly line of said Lytton
--~----··;weiioe -a--.distanc·e-~f_:"-JD.54 feet-;-~~ __ _
-·thence N. 5t• Z.5 .-~~ paral:l-el-·;.-i~h-.t~j;outhweste·tly:0line·cf =s-e.~ Mi.ddle.field. ___ · --·-... ·-~ad-~ distance of 23.25 f~et.:tot~TRUE.PO!NT OF BEGINNI~~=-=-:-.-------·.·-··· ·-· .·.:..~-~
The ea~ement as above refered to is limited t:o an elevation of 9.61 feet 'below the
ground floor elevation of the existing structure located on lands now particularly
described as follows:
CollDllencing at
. So.uthwes terly
thence s.
the intersection of the Southeaste-rly_line pf-Lytton A~en~e and the
line of Middlefield Roadi · · , o.-3~_._ 15' West alo~g last -.entioaed Southeasterly line a distanc.e of
c 300.:00 f(:~t; . ::....:c.~·-·
· thence.s. 51° 43' E arid parall~l with th<;:·!;;:;!fr~~~===,!::o-=~!;;.:::~.~-! ~::!.:! !"..!:!:!!.~!:!~J~L
Rond a distance of 172.63 feet to the TRUE POINT OF BEGINNING; .
thence continuing S. 51• 451 E and parallel with the Southwesterly line of
said Middlefield Road a distance of 27.37 feet;
th~ncc N. 38° 15' E and parallel with the Southeasterly line of said Lytton Avenu~.
a distance of 61.75 fecc;
thence N. 51° 45' Wand parallel with the Southwesterly line of said Middlefield
Road a distance of 11.75 feet; .
thence S~ 38° 15' W and parallel with the Southeasterly line of said Lytton
Avenue a distance of 29.50 feet;
thence N. 51° 45' W nnd parallel with the Southwesterly line of Middlefield Road
4 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.
l'ARCEL 2:
An caseme1tt for ingress and egress over a strip· of land 16 feet in width-the South-
westerly line of ~hich is moTe particu~arly descTibcd as follows:
Conacnc.ing at the intersection of the Southeasterly line of Lytton Avenue with th~:
Southwesterly line of Middlefield Ro:id, as the.same are shown upon that certain Map
ot lfnivcrsi ty Park filed for record in the office of th~ Recorder of the County of
s~nta Clara, State of Coilifornia, on February 'i.7, 1889 in Book "Du of Haps, at page
69;
thcnc.c S.>uth 38° lS' West along the Southerrstcrly l:i.rie of Lytton Ayenue a distance
of 2~6.40 f cet to the true point of beginning;
th~nc1~ frcm said true point of beginning South 51° 4S' EaH a d1st.:ance of 172.63
f~et to the terminus thereof. · . .
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BOOK )374 rsff4
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.EXHIBIT~ ___ ... ·--. --~--· --· ----· .
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. -~;;;:-----All that certain real property situate in the City of Palo ''
Alto, County of Santa Clara State of_.Cali.fornia -d~·ijcribed-as ····
follows: ·
Being a portion of .Lot_. 3 Block 43 as shown on the Map of Uni-
versity Park recorded'·tehruary 27, 1889 in Bogk 1111'~--~~g~-~~-:
of Maps recprds of said Santa Clara. County being more parti":' · -·
0 cularly described as follows: :_,
commencing at the~ inte:-ce:ccion-of-th;· -~~~thwesteriy _line ~f · ·
"°.lflddlefi~J.d-Roacr·and the ?~urthwesterly line-·of-uiiiversi.t}r .
Avenue;·· thence S 38° 15 1 W along last mentioned northwestelilY
l:lne a distance of 174~ 75 feet to the TRUE POINT OF BEGINNr!G;
. -,--:=·-.:thence continuing s 38° 15' w along the northwesterly line of
said University Aven~ a distance of 25 .25 feet; thence
N51° 45• E and-paral1el with the southwesterly line of said
Middlefield Road a distance of 67.00 feet; thence N 389 15' E
and parallel with the northwesterly line of said University
Avenue 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 19.23 feat; thence N 38° 15' E and parallel.with.
the northwesterly line of said University Avenue a distance
of 3.00 feet; thence S 51° 45' E and parallel with the ~outh-
,westerly line o~ sa!.d Middlefield Road a distance of 47.75 feet
to the TRUE POINT OF j!RGlt:NiNC;~--.
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_EXH.1 BIT .t_
RELEASE PARCEL"NO. 2
.. \ All-that certain real property si~uate ·1n the City of Palo Alto
Co\Dlty of Santa Clara State of California described as follows:--
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Being a portion of Lots land 4 Block 43 as shown on.the Map ·
Qf University Park recorded Frbruary 27, 1889 in Book· riou Page
69 of Maps reco~ds.of Santa Clara County-cil1tornia-being more -
paiticularly described as follows: ·
Conmen~ing at the intersec~ion of the southeasterly_line of
Lytton Avenue ~nd the southwesterly line of Middlefield Road;
thence S 38 ° .. 15 • West along last mentio.ned 80\ltheasterly line
a distance of 300.00 feet; thence S 51° 4S.' E and parallel .
with the southwesterly liiie of said Hiddlefiel~ Road a distance _
__ .. of 172~63 feet to the TRUE POINT OF BEGI.NNING;._ thence eontin-
--c --uing. s-51° -45' E -and parallel with the southwesterly line of
said Middlefield Road a distance of 27 .37 feet; thence H 38° _
15 • E and parallel with the southeasterly _line of said_ Lytton'-~:-· ,
Avenue a distance Qf 61.75 feet; thence N 51° 45' W aiad paral-~
lel with the southwesterly line of said Middlefield Road a die-· !
~ance of-11.75 feet; thence s 38° 15' Wand parallel-with the l
southeasterly line-=M-Said-Lytton_.,Aver.u~a distance of 29.SO ! ·
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 1 W and rarallel with the southeasterly line of said
Lytton Avenue a distance of 32.25 feet to _the TRUE POI~1T OF
BEGINNING. •
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EAHIBIT D
A portion of Lots i and 2 in Block 43 as shown on the Map of University Park which
. said Map was filed for record in the office of tile Re.corder of the County of Santa
·Clara. St2'te of C."'ilifornia, on February 27, 1889, in Book "D" of Mapst at page 69,
90re pa~ticularly described as follows:
Beginning "t a point on the Northwesterly line of University Avenue distant there:m
S. 388 15' W. 352.50 feet fr~m the point of intersection of the Northwesterly line
of University Avenue with the Southwesterly line of Middlefield Road, as said Avenue
and Road are shown upon the Map hercinabove referred to;
thence N. 51°45' W. ar.d parallel with the Southwesterly line of said Middlefield
Road a distance of 250.00 feet;
tbnnce N. 3~015' E. and parallel Yi.th the Northwester+y line of said University
Avenue a clistal.,'ce of 2. SO feet;
thence N. 51°45' W. and parallel with the Southwesterly line of said Middlefiel~
Ii:ad_ a distance. o~ 10.00 feet;
thence S. 38°151 W. and parallel with the·;:•orthwesterly line of said Univer~ity. ·
Aven~, a distance of 150.00 feet to a point on the Northeasterly line 9£ Ve~ster
Street, as said Webster Street is shown upon the Map hereinabove referred to;
thence s. 51°45' E. along the Northeasterly line of said Webster Street a
distance bf 260.00 feet t.o the point of intersection of said Northeasterly line of
Webster Street vith the Northwesterly line of .University Avenue;
thence N. 33• 15' I. along the Northwesterly line cf said University Avenue a
· cliatance of 14 7. SO feet to the poi'!t of _beginning.
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