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HomeMy WebLinkAboutRESO 3784RESOLUTION NO, 3784 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF EASEMENTS FOR STREETS AND UTILITY FACILITIES AND THE TAKING OF IMMEDIATE POSSESSION THEREOF MISCELLANEOUS STREETS IMPROVEMENTS PROJECT NO. 62-5 RESOLVED, by the Council of the City of Palo Alto, California, that WHERiEA5, pursuant to Resolution No. 3741, A Resolution of Preliminary Determination and of Intention adopted by this Council on June 8, 1964, this Council did, on October 26, 1964, adopt its Resolution No. 3783 ordering acquisitions and improvements and excepting therefrom certain acquisitions and improvements which were ordered deleted by Resolution No. 3782 adopted by this Council on October 26, 1964; WHEREAS, said Resolution of Intention and said proceedings were had and taken pursuant to the Municipal Improvement Act of 1913. NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED, as follows: 1. The public interest and necessity require the acquiei- tion, construction and completion by said City of some of the public improvements described in said Resolution of Prelimin- ary Determination and of Intention and in the proceedings relating thereto, and the easements and property proposed to be acquired described therein, as modified, and hereinafter described in Exhibit "A" hereto attached and incorporated herein by reference, are necessary therefor. 2. The public interest and necessity require the taking of immediate possession in connection with the eminent domain proceedings. 3. The public necessity requires said acquisitions Nvr11rrrrr1rrar and improvements; said proposed acquisitions and improvements are planned and located in the manner which will be most com- patible with the greatest public good and the least private injury; and all of said acquisitions are located within the territorial limits of the City of Palo Alto. 4. The City Attorney and the law firm of Wilson, Herzfeld, Jonee & Morton, employed for that purpose, are hereby directed to institute and conduct to conclusion an action in eminent domain for the acquisition of maid easements and property, to undertake the necessary action to obtain immediate possession thereof, and to take such action as ie necessary therein. 5. That the City Manager is hereby authorized and directed as an alternative to trial of any action in eminent domain initiated hereunder, to expend from the proceeds of assessments and sale of assessment bonds to be issued in said proceedings, auch moneys as are necessary and in his opinion may constitute the fair market value of said parcels, based upon appraisals of duly qualified and competent real estate appraisers. 6. Reference ie hereby made to said Resolution of Pre- liminary Determination and of Intention and related proceed- ings for a particular description of said proposed acquisitions and improvements, on file in the office of the City Clerk of said City. * * * * * * • * * r I hereby certify the foregoing to be a true copy of a reso- lution adopted by the Council of the City of Palo Alto, Cali- fornia, at a meeting thereof held on the 26th day of October, 1964, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Byxbee, Cooley, Deba, Dias, Flint, Porter, Rodgers, Rohrs, Rue, Woodward and Zweng NOES, Councilmen: None ABSENT, Councilmen: Comstock and Cresap APPRO art A FORM �.. 19 s All of that property situate in the City of Palo Alto, County of Santa Clara, State of California, and described an follows: PARCEL 1 Beginning at * point on the Northeasterly line of El Camino Way (formerly San Francisco and San Jose Road) distant thereon North 19' 58' West 641.15 feet from a concrete monument marking the most Southerly cor- ner of that certain 9.03 acre tract of land described in the Deed executed by L. E. McDuffee, to Dorothy L. McDuffee, dated March 6, 1930, and recorded in Book 503 of Official Records, Page 548, Records of Santa Clara County, Cali- fornia; thence leaving said Northeasterly line North 70° 02' East 152. 19 feet to a point; thence Northeasterly along a tangent curve to the left, having a radius of 185.5 feet, through a central angle of 13'06' 30" for an arc length of 42.43 feet to a point; thence Northwesterly along a non -tangent curve to the left, the cen- ter of which bears North 79° 45' 50" West from said last named point, having a radius of 40 feet, through a central angle of 77'36'57" for an arc length of 54. 17 feet to a point; thence Southwesterly along a non -tangent curve to the right, the center of which bears North 34' 44' 53" West from said last named point, having a radius of 135.5 feet, through a central angle of 14' 46' 53" for an arc length of 34. 96 feet; thence South 70' 02' West 152. 19 feet to a point on said Northeasterly line; thence South 19' 58' East along said Northeasterly line 50.00 feat to the point of beginning, being a portion of Rancho Rincon de San Francisquito and containing 0. 2255 acres, more or less. PARCEL 2 Beginning at a point marked by an iron pipe 3/4 inches in diameter standing at the moat Southerly corner of Tract No. 2898, Victoria Manor, a map of which was recorded May 25, 1961, 1n Book 133 of Maps at page 33, Records of Santa Clara County, California; thence South 42' 17' West 152.68 feet to a point; thence Southwesterly along a tangent curve to the right. having a radius of 135.5 feet, through a central angle of 12' 58' 07" for an arc length of 30.67 feet to the true point of beginning; thence continuing Southwesterly along said 135.5 foot -radius curve, through a central angle of 14° 46' 53" for an arc length of 34.96 feet to a tangent point; thence South 70' 02' West 27. 19 feet; thence North 19' 58' West 1.27 feet to a point on a curve; thence Northeasterly along a curve to left, the center of which bears North 34° 26' 39" West from said last named point, having a radius of 20 feet, through a central angle of 26' 55' 56" for an arc length of 9.40 feet to a point of reverse curvature; thence along a reverse curve to the right having a radius of 40 feet, through a central angle of 83' 59' 48", for an arc length of 58.64 feet to the true point of beginning, being a portion of Rancho Rincon de San Francisquito and containing 0.0139 acres, more or less. PARCEL 3A Beginning at a point South 42' 17' West 130.70 feet from the 3/4 inch diameter iron pipe marking the most Southerly corner of Tract No. 2898, Victoria Manor, a map of which was recorded May 25, 1961, in Book 133 of Maps at page 33, Records of Santa Clara County, California; thence continuing South 42. 17' West 21..98 fist; thence Southwesterly along a tangent curve to the right, having a radius of 135.5 feet, through a central angle of 12. 58' 07 " for an arc length of 30.67 fret to a point on a non -tangent curve; thence, Westerly i;okg a cu..lc-nv"tatlr'nexy; "tntlr from said last named point, having a radius of 40 feet, through a central angle of 20' 35' 49" for an arc length of 14. 38 feet to a pelea on a non -tangent curve; thence Northeasterly along a curve, to the left, the center of which bears North 30' 17' 07" West from said last named point, having a radius of 125.50 feet, through a central angle of 17' 25' 53" for an arc length of 38. 18 feet; thence North 42' 17' East 26.80 feet; thence South 21' 58' East 11. 10 feet to the point cf beginning, being a portion of Rancho Rincon de San Franclsquito and contain- ing 0.0135 acres, more or lees. PARCEL 38 Beginning at a point marked by an iron pipe 3/4 inches in diameter standing at the most Southerly corner of Tract No. 2898, Victoria Manor, a map of which was recorded May 25, 1961, .n Book 133 of Mape at Page 33, Records of Santa Clara County, California; thence South 42. 17' West 130.70 feet; thence North 21' 58' West 11. 10 feet; thence North 42' 17' East 127.44 feet to a point on the Southwesterly line of Wilkie Way as shown upon said Tract No. 2898; thence Southeasterly along said line of Wilkie Way 10. 12 feet to the point of beginning, being a portion of Rancho Rincon de San Frencisquita and containing 0.0296 acres, more or less. PARCEL 4 Beginning at a concrete monument on the Northeasterly line of El Camino Way (formerly San Francisco and San Jose Road) marking the most Southerly corner of that certain 9.03 acre tract of land described in the Deed executed by L. E. McDuffee to Dorothy L. McDuffee, dated March 6, 1930. and recorded in Book 503 of Official Records, page 548, Records of Santa Clara County, California; thence along said Northeasterly line North 19' 58' West 641. 15 feet; thence North 70" 02' East 120.00 feet to the true point of beginning; thence continuing North 70' 02' East 32. 19 feet to a tangent point; thence North- easterly along a tangent curve to the left, having a radius of 185.5 feet. through a central angle of 13° 06' 30" for an arc length of 42.43 feet to a point; thence Southwesterly along a non -tangent curve to the right, the center; of which bears North 79° 45' 50" West from said last named point, having a radius of 40 feet, through a central angle of 101' 11' 25" for an arc length of 70.64 feet to a point of reverse curvature; thence along a reverse curve to the left, having a radius of 20 feet, through a central angle of 41' Z4' 35" for an arc length of 14.49 feet to the true point of beginning, being a portion of Rancho Rincon de San Francis- quito and containing 0.0168 acre", more or lees. PARCEL 5 Beginning at the most Southerly corner of that certain parcel of land conveyed by H. Ford Barger et al to H. Ford Barger et ex by deed dated Decem- ber 22, 1959, and recorded January 8, 1960, in Book 4659 of Official Records at Page 98, Records of Santa Clara County, California, said corner being on the Northwesterly line of Homer Avenue (20 feet wide) distant thereon 205.00 feet Northeasterly from the point of intersection thereof with the Northeasterly line of El Camino Real (120 feet wide); thence Southwesterly, along said North- westerly line, 205.00 feet, to a point on said Northeasterly line of El Camino Real; thence Northwesterly, along said Northeasterly line, 10.85 feet; thence Northeasterly, parallel to said Northwesterly line, -209.22 feet, to a point on the Southwesterly line of wild parcel of land conveyed by said deed; thence - 2 - Jog, being s portxoA o iii• Undo Acton oa, Loud on stone Ban Trancioquito R * too and CoptattrAfin Ocoee" , rattnit . Hoop was recorded Micah 14, I$78. in ;look A of AA.cplletnor • Record* it Pogo 23, roeordo of snick county. - 3 -