HomeMy WebLinkAboutRESO 178757
RESOLUTION NO. 1787
OF PRELIMINARY DETERMINATION
BARTLEY TRACT ALLEY ACQUISITION
PROJECT NO. 48-12A
RESOLVED, by the Council of the City of Palo Alto,
California, that
WHEREAS, on the 12th day of July, 1948, this Council
adopted Resolution of Intention No. 1712 to make acquisitions
of easements and the acquisition or relocation of the improve-
ments thereon for public alley purposes;
WHEREAS, pursuant to said resolution of intention and
on September 13, 19`8, thin Council adopted Resolution No. 1751
ordering acquisitions and Resolution No. 1752 directing the
filing of eminent domain proceedings;
WHEREAS, pursuant to said resolutions, proceedings in
eminent domain were commenced in the Superior Court of the State
of California in and for the County of Santa Clara, on September
23, 1948, for said acquisition, and are now pending in said
Court; and
WHEREAS, upon reconsideration, this Council does find
and determine that the public interest and necessity will be
best served by modifying the aforesaid proceedings by acquiring
easements hereinafter described, in the place and atee.d of those
described in said resolution of intention, the easements to be
acquired hereunder being a portion of those described in said
resolution of intention;
NOW, THEREFORE, IT IS HEREBY PRELIMINARILY DETERMINED,
as follows:
1. That the public convenience and necessity requ4:e,
and it is the intention of this Council to order, the modifica-
tion of the acquisitions described in said resolution of inten-
tion as hereinafter set forth.
2. That the proceedings for the acquisition of easements
for alley purposes, together with the acquisition or relocation of
the improvements, if any, thereon, pursuant to said resolution of
intention, be modified so that the hereinafter described property
be so acquired and improvements, if any, acquired or relocated
thereon, to -wit:
(a) SW 15 ft. of .Lots 25 and 35, Block 5,
Map of the Bartley Tract Subdivision
No. 2, and amended subdivision of Lots
in Blocks 3 and 5 of Bartley Tract
Subdiviaion No. 1, recorded in the
office of the kecorder of Santa Clara
County cn August 8, 1911 in Book N at
page 55
58
(b) NE 5 ft. of Lots 26, 27, 28, 29, 30,
31, 32, 33 and 3'+, Block 5, Map of the
Bartley Tract Subdivision No. 2, and
amended Subdivision of Lots in Blocks
3 and 5 of Bartley Tract Subdivision
No. 1, recorded in the office of the
Recorder of Santa Clara County on
August 8, 1911 in Book N at page 55
(c) SW 20 ft. of Lot 23, Block 7, Map of
the Bartley Tract Subdivision No. 2,
and amended subdivision of Lots in
Blocks 3 and 5 of Bartley Tract Sub-
division No. 1, recorded in the office
of the Recorder of Santa Clara County
on August 8, 1911 in Book N at page 55
3. That all prior proceedings had and taken under said
resolution of intention, including said eminent domain proceedings
be in all other respects ratified and confirmed.
4. A map or plat of the lands and improvement necessary
or convenient to be taken for such proposed acquisitions has been
filed with the City Clerk and approved by the City Council, to
which reference is hereby made for further particulars.
5. A statement of the total estimated cost of said ac-
quisitions stating separately the estimated cost of each parcel
of land or improvement proposed to be acquired, and of the inci-
dental expenses of said proceedings for said acquisitions has been
filed with the City Clerk and apps.roved by the City Council, to
which reference is hereby made for further particulars.
6. Said contemplated acquisitions, in the opinion of
this Coune.l, is of more than local or ordinary public benefit,
and the cost and expense of same and the expenses incidental there-
to, ohall be made chargeable upon the district benefited thereby,
which district shall consist of the ccmposite and consolidated
area, the exterior boundary of which is the coterminous exterior
boundary of Lots 24 thru 38, Block 5 and Lots 20 thru 35, Block 7,
Bartley Tract.
The properties so benefited, and the boundaries thereof,
are more particularly shown on the map of said assessment district
on file in the office of the City Clerk of said City, to which
reference is hereby made for a more detailed description thereof.
7. All public streets, alleys and ways or other public
property in use in the performance of a public function shall be
omitted from the assessment hereinafter to be made to cover the
cost of said acquisition and improvement.
8. Notice is hereby given that serial bonds to represen`
the unpa.lu c:.,0000 ents and bear interest at the rate of not to
exceed five per cent (5%) per annum, will be Iosued pursuant to
Part 4, Bond Plan ' of Article IV of the Palo Alto Improvement
Procedure Code, the last installment of which shall matu^e nine
(9) years from the second day of July next succeeding ten months
:rom their date.
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9. ;Except as herein otherwise provided for the issuance
of bonds, all of the above proposed work shall be done In pursuance
of the provisions of Article III of said Palo Alto Improvement
Procedure Code.
10. Notice is hereby given that Monday, the 13th day of
December, 1948, at the hour of 7:30 o'clock j'.M. at the Council
Chambers of the City Council of said City in the City Hall of
said City are hereby fixed as the time and place when and where any
and all persons interested may appear and show cause, if any they
have, why the City Council should not find and determine that the
public convenience and necessity require the improvements described
and referred to in this resolution, without further compliance with
the. Special Assessment Ir•restigation, Limitation and Majority
Protest Act of 1931, as provided in Article I of said Crdlnance.
11. The Clerk of the City of Palo !Ito shall give notice
of the adoption of this resolution by publishing a Notice of Fro -
posed Local Improvement once in the Palo l,lto Times, a newspaper
published and circulated in said City, and by posting same on or
near the Council Chamber door of said Council, said posting and
publication to be at least ten days before said date of hearinf,.
* * * •
I hereby certify the foregoing to be a true copy of
resolution adopted by the City Council of the City of Palo Alto,
California, at a regular meeting thereof held on the 8th day of
November, 1948, by the following vote of the .members thereof:
AYES, and in favor thereof, Councilmen:
Blois, Bowden, Cashel, Freedman, Gaspar, H:i.11,
Linder, Merner, Montroull, Morten, Thoits, Wickett.
NOES, Councilmen: None.
ABSENT, Councilmen: Bentrott, Bolander, Mitchell.
APPROVED:
City Cler o /' e { ty oi 1.lto
4L7L
z1
Mayor