HomeMy WebLinkAboutRESO 179771
RES OLUT I ON NO. 1797
OF PRELIMINARY DETERMINATION
CALIFORNIA AVENUE DISTRICT ACQUISITIONS
PROJECT NO. 48-9B
RESOLVED, by the Council of the City of Palo Altc,
California, that
WHEREAS, on the 26th day of July, 1948, this Council
adopted Resolution of Intention No. 1721 to make acquisitions of
easements and the acquisition or relocation cf the improvements
thereon for alley, pedestrian lane, pole line, and street widening
purposes;
WHEREAS pursuant to said resolution of intention E°.nd
on October 11, 1948, this Council adopted Resolution Nc. 1769
ordering acquisitions and Resolution No. 1770 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 October 2"
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 ease-
ments hereinafter described, in the place and stead of these des-
cribed in said resolution of intention, the easements to be
acquired hereunder being s portion of those described in said
resolution of intention;
NOW, TIi.EREFORE, IT IS HEREBY PRELIMINARILY DETERMINED,
as follows:
I. That the public convenience and necessity require,
and it is the intention of this Council to order the modification
of the acquisitions described in said resolution of intention as
hereinafter set forth.
2. That the proceedings for
ments for nl7,ey, pedestrian lane, pole
purposes, togethcr with the aca.:isitio
prevemcnto, if any, thereon, pursuant
tion, be modified no that the herein^
so ...]::ire a:0 improvements, if any,
on, to -wit:
the acquisition of eass-
line, and street widening
n cr relocation of the 1n -
td said resolution of inten-
ter described property be
acquired uired or relocated there -
Parcel 1: st; 10' c: NE 327.831 and NV 101 of
NE 336+ of Lot 1; SW POI of NE 7361 and SE 101
of NE 3361 of Lot 2; NW 201 of SE 160+ of Lets
3, 4, 5 and 6; and NW 20+ cf SE 1601 of SW 96+
Of Lot 7; Map of Paul Survey, recorded July 9,
1867 at Page 641, Book C Of Miscellaneous Records,
Santa Clara County Records.
Parcel 2: NW 20+ of SW 160+ of Lots 8, 9, 10
and 11, excepting SW 101 of Lot 8, Map of Paul
Survey, recorded July 9, 1867 at page 641, Boos
C of Miscellaneous Records, Santa Clara County
Records.
Parcel. ..: ';W 481 of SE 1851 of SW 16' of YE 107
or Lot 4Y, Map of Paul Survey, recorded July
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1267, --^t page 641, Book C c2 Miscellaneous Records,
Sant Clare County records.,
iiv; 7_70' of SW 6' of :fT c -t
Mnp of Pau'_ Survey, recorded July 5, 1867 at
;:ale 641, Book C of Miscellaneous Records, Sant::.
Clr.ra Count;; Records.
Parcel ' • NW 20' of SE 60' o"' NE 63.4 f Lot
�� C C
iv1+ O' of SE r2' o:: Loto 4C and 47 NW 20'
of SE 62' of SW 10' ax] 11 t 0' 1"' of Z1 56' of NE
50.'5' of Lot 1.5; SE 20' of NE 25' of Lot 40;
and 20' strip across Lots 40 and 41 the SE line
cf which is tangent to the SE lines of the above
described eacornents in Lots 40 and 4;, Map of
Paul Survey, recorded July 5, 1867 at page 611,
Book C of Miscellaneous Records, Santa Clara
County Records.
Parcel 6: SE 10' of Lots 26 and 32; NW 10' of
Lots 27, 23 and 33; NE 8' of SW 54' of SE 135'
of Lot 26; and NW 20' of SE 60' of Lot 24, Map
of Paul Survey, recorded July '„ 1867 at page
641, book C of Miscellaneous Records, Santa
Clara County Records.
Parcel 7: NW 20' of SE 60' of Lots 15 and 22;
SE 10' of Lots 17 and 19; NNW 10' of Lots 18 and
:0; SW 4. 1 of SE 135' of Lot 17; and NE 4' or SE
135' of Lct19; Map of Paul Survey, recorded
July 9, 1867 at page 641, Book C of Miscellaneous
Records, Santa Clara County Records.
Parcel 8: ti; 10' of LE 5C' of Lot t; and NW
10' of SW 50' of Lct 5; Map of Paul Survey,
recorded July 1, 1667 at pee 641, Book C cf
i01sceliuneous Records, Santa Clara CL.ui.ty Records.
Parcel_;: 1i':: 10' of Lots 9, 10, 11 and 12; Map
cf Paul Survey, recorded July 9, 1867 at page
641, Book C.o. Miscellaneous Records; Santa
Clara County Records; and NE prolongation or said
10' easement across the lands formerly of San
Francisco and San Jose Railroad Cc. to Par]:
Bout. e'..^ rd .
Parcel 10: NE 10' of the SE 110' of the NW
120' of Lot 11; and SW 10' of SE 130' of the
NW 140' of Lot 12, Map of Paul Survey. recorded
July 9, 1867 at page 641, Sock C of Miscellaneous
Records, Santa Clara County Records.
Parcel 11; A triangular parcel of land 1C' x 1C' x
whose SEly and Sally dimensions are the shorter
dimensions and lie respectively parallel to and
10' NW of the SE line of Lct 2 and 316' SW of the NE
line of Lot 2 Map of Paul Survey recorded July 9,
1367 at page 641 in Book "C", Miscellaneous Records,
Santa Clara County Records
Parcel 12; A triangular parcel of land 10' x
10' x 14.14' whose N3ly and SEly dimensions. are
the shorter dimensions and lie respectively para-
llel to and 1C' SW of the NE line of Lot 11 and
120' SE of the NW line of Lot 11, Map of Paul
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Survey recorded July 9, 1867, at page 641, in
Book "C",•Miscellaneous Records, Santa Clara
Ccunty Records.
Parcel 1.3: A triangular parcel of land 10' z
10' r. 14.14' whose SWly and SEly dimensions are
the shorter dimensions and lie respectively para-
llel to and 63.40' 3Y of the NE line of Lot 48
and 60' NW of the SE line of Lot 48; and a tri-
angular parcel of lend 10' x 10' x 14.14' whose
SWly and NWIy dimensions are the shorter diman-
aions and lie respectively parallel to and
53.40' SW of the NE line of Lot 48 and 40' NW
of the SE line of Lot 48, Map of Paul Survey
recorded July 9, 1867, at page 641 in Book "C",
Miscellaneous Records, Santa Clara County
Records.
Parcel 14: SW 28' of NE 58.25' of NW 110' of SE
120' of Lot 2, together with a triangular parcel
10' x 10' x 14.14' chose NE and SE aides are the
snorter sides and lie parallel to and distant
reapect'ely 58.25' 3W and 10' NW from NE and SE
boundaries of Lot 2 and together with another
triangular parcel 10' x 10' x 14.14' whose 5W
and SE aides are the shorter sides and lie para-
llel to and distant respectively 30.25' SW and
10' NW from the NE and SE boundaries of Lot 2,
Map of Paul Survey, recorded July 9, 1867, at
page 641, in Book "C" of Miscellaneous Records,
Santa Clara County Records.
Parcel 1 : SW 28' of NE 53.25? of SE 125' of
' of Lot 1, together with a triangular
parcel 10' x 10' x 14.14' whose NE and NW sides
are the shorter sides and lie parallel to and
distant respectively 58.25' SW and 10' SE from
the NE and NW boundaries of Lot 1 and together
with a triangular parcel 10' x 10' x 14.14'
whose SW and NW sides are the shorter sides and
lie parallel to and distant respectively 30.25'
SW and 10' SE of the NE and NW boundaries of
Lot 1, Map of Paul Survey, recorded July 9,
1867, at ;gage 641, in Book "C" of Miscellaneous
Records, Santa Clara County Records.
Parcel 16: NE 8' of the NW 125' of the SE 140'
of Lot 4, Map of Paul Survey, recorded July 9,
1867, at page 641, in Book "0" of Miscellaneous
Records, Santa Clara County Records.
The acquisition of easements for pole line purposes,
together with the acquisition or relocation of the improvements
thereon, on the following parcel of land sitti:ated in the City of
Palo Alto, County of Santa Clara, California,, to -wit:
Parcel 17: NW 10' of the SE 160' of Lot 12,
excepting therefrom the $W 10' thereof, Map of
Paul Survey, recorded July 9, 1867 at page 641,
Book C of Miscellaneous Records, Santa Clara
Records; together with the NE prolongation of
said 10' easement across lands formerly of San
Francisco and San Jose Railroad Co. to Park
Boulevard.
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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 propcseJ 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 lost of said ac-
quisitions stating separately the estimated coat 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 approved by the City Council, to
which reference is hereby made for further particulars.
6. Said contemplated acquisitions, in the opinion of
this Council, is of more than local or ordinary public benefit,
and the coat and expense of same and the expenses incidental
thereto, shall be made chargeable upon the district benefited
thereby, which district is bounded on the Northwest by Cambridge
Avenue, Northeast by Third Street and Park Boulevard, Southeast
by Sherman Avenue and Southwest by El Camino Real.
The properties so benefited, and the boundaries thereof,
are more particularly shown on the map of said assessment district
on file in the dfice 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 the public function shall
be omitted from the assessment hereinafter to be made to cover the
cost of said improvement.
3. Notice is hereby given that serial bonds to repre-
sent the unpaid assessments and bear interest at the rate of not
to exceed five per cent (5%) per annum, will be issued pursuant to
Part 4, Bond Plan C of Article IV of the Palo Alto Improvement
Procedure Code, the last installment of which shallmature nine
(9) year from the second day of July next succeeding ten months
from their date.
9.. Except as herein otherwise provided for the issuance
of bords, all of the above proposed work shall be done in pur-
suance of the provisions of Article III of said Palo Alto Improve-
ment Procedure Code.
10. Notice is hereby given that Monday, the 10th day of
January, 1949, at the hour of 7:30 o'clock P.M., at the Council
Chambers of the City Council of said City in the City Hall of said
Cie are hereby fixed as the time and place when and where
any and all persona interested may appear and 5 -ace.; cause, if
any they have, why the City Council should not fend and determine
tnat the public convenience and necessity require the improvements
described and referred to in this resolution, wiehout further
compliance with the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931, as provided in Article I of said
Ordinance.
11. The Clerk of the City of Palo Alto shall give notice
of the adoption of this resolution by publishing; a Notice of Pro-
posed Local Improvement once in the Palo Alto Times, a nevapaper
published are circulated in said City, and by posting same on or
near the Ccuncil Chamber door of said Council, said posting sad
publication to be had at least ten day3 before said .ate of
hearing.
* <> * • * *
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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 13th day of
December, 19148, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
Bentrott, Blois, Bolander, Cashel, Hill, Linder,
Merner, Mitchell, Montroull, Morten, Thoits, Wickett.
;NOES, Councilmen: None.
ABSENT, Councilmen: Bowden, Freedman, Gaspar.
City Cler
APPROVED:
Mayor pro 1
City of Palo Alto