HomeMy WebLinkAboutRESO 4244916
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.VRIGINAL
RESOLUTION NO. 4244
RESOLUTION OF THE COUNCIL OF THE CITY OF
PALO ALTO FLAMING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND LOCATED IN THE
CITY OF PALO ALTO, COUNTY OF SANTA CLARA
STATE OF CALIFORNIA, AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS
ELECTRIC METERING STATION - EXPANSION OF
The Council of the City of Palo Alto does RESOLVE
as follows:
SECTION 1. That the Council of the City of Palo Alto
has found and determined, and hereby does find, determine and
declare, that the public interest and necessity require the
acquisition by the City of Palo Alto of the real property des-
cribed in Section 2 hereof for public grounds and for public
utilities including, but not limited to, a 115/60 KV substation
and electric metering station and appurtenances, and work
auxiliary thereto.
SECTION 2. That the taking in fee simple for public
grounds and for public utilities including, but not limited to,
s 115/60 KV substation and electric metering station and appur-
tenances in and to the parcels of land more particularly des-
cribed in Exhibit "A", attached hereto and by this reference
made a part hereof, situate in the City of Palo Alto, County of
Santa Clara, State of California, is necessary for such purpose.
SECTION 3. That said proposed acquisitions and improve-
ments are planned and located in a manner which will be most
compatible with the greatest public good and the least private
injury, and all of said acquisitions are situate within the
territorial limits of the City of Palo Alto.
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SECTION 4. That the Council of the City of Palo Alto
hereby declares its intention to acquire title in fee simple
in said land, as described in said Exhibit "A", under eminent
domain proceedings, and the City Attorney of the City of Palo
Alto and the law firm of Wilson, Jones, Marton & Lynch, employed
for that purpose, are hereby directed to institute and conduct to
conclusion an action in eminent domain for the acquisition of the
estates and interests aforesaid, and to take such action as is
necessary therein.
SECTION 5. The City Manager is hereby authorized and
directed as an alternative to trial of any action in eminent domain
initiated hereunder to purchase for such reasonable sums as he may
deem appropriate the several parcels of land aforesaid and to cause
to be drafted executed and delivered on behalf of the City all
documents, either to be used within or without the condemnation
proceeding aforesaid, necessary or convenient to accomplish this
purpose.
SECTION 6. The City Manager is further authorized to
spend from general funds of the City heretofore appropriated for
such purposes such monies as are necessary and as in his opinion
may constitute the fair market value of said parcels, based upon
appraisals of duly qualified and competent real estate appraisers.
SECTION 7. The City Clerk shall certify to the adoption
of this resolution by a vote of two-thirds of all of the members
of the City Council.
INTRODUCED AND PASSED: Apri128, 1969.
AYES: Arnold, Berwald, Clark, Comstock, Dias, Gallagher, Gullixson,
Pearson, Spaeth, Wheatley
NOES: None
ABS . : Beahrs
A
ST:
er
11.
APPRO :
yor
4P FROVED AS TO FORM: APPROVED AS TO CONTENT:
_ eC • V
ngineering -Department
I hereby certify that the whole number of members of
the Council of the City of Palo Alto is eleven and that the
foregoing resolution was adopted by a vote of more than two-
thirds of all of the members of sai- Council.
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EXHIBIT "A"
PARCEL 1
Beginning at the most northerly corner of that certain tract of land
conveyed by Manuel Vierra Maranhao, et ux to L. C. Smith, et ux by deed re-
corded January 5, 1956 in Book 3378 of Official Records at page 353, Records
of Santa Clara County, California; thence S. 48° 39' l9"E. along the northeasterly
line of said tract 53.26 feet; thence S.50°37'20"W. 476.57 feet to a point on the
southwesterly line of said tract; thence N.43°40'40"W. along said southwesterly
line 100.28 feet, to the most southerly corner of that certain 0.486 acre parcel
of land described as Parcel 2 in that certain. Final Judgement of Condemnation
entered August 12, 1968 in the Superior Court of the State of California in and
for the County of Santa Clara, in action entitled City of Palo Alto, a municipal
corporation vs. Eva M. Wales, L. C. Smith, Ethel. V. Smith, et al., Case No.
P13206, a certified copy of said judgement was filed for record August 14, 1968,
in Book 8227 of Official Records at page 681, Records of said County; thence
N.50°37'20"E. along the southeasterly line of said 0.486 acre parcel 341.31 feet,
to the rnost easterly corner thereof, said corner being a point on the northwesterly
line of said tract of land so conveyed to L. C. Smith et ux; thence N.70°05'20"E.
along said last named line 142.33 feet, to the point of beginning, containing 1.015
acres more or less, and being a portion of the Rancho Rincon de San Francisquito.
PARCEL 2
Beginning at a point on the northeasterly line of that certain tract of
land conveyed by Manuel Vierra Maranhao et ux to L. C. Smith, et ux by deed
recorded January 5, 1956 in Book 3378 of Official Records at page 353, Records
of Santa Clara County, California, distant thereon S.48°39'19"E. 53.26 feet from
the most northerly corner of said tract; thence 5.48°39'19"E. along said north-
easterly line 48.51 feet; thence continuing along said northeasterly line S.40°26'
07"E. 276.80 feet; thence leaving said northeasterly line S. 5037'20"W. 276.00
feet; thence S. Z2°07'01+tW. 195. 40feet, to a point on the southwesterly line of said
tract of land so conveyed to L. C. Smith et ux; thence northwesterly along said last
named line, N. 45°28'43"W. 328.98 feet and N.43°40'40'TW. 91.02 feet; thence
N. 50°37'20"E. 476.57 feet, to the point of beginning, containing 3.705 acres, more
or less, and being a portion of the Rancho Rincon de San Francisquito.
PARCEL 3
Beginning at the point of intersection of the southeasterly line of Colorado
Avenue (60 feet wide) with the southwesterly line of that certain 0. 548 acre parcel of
land described as PARCEL TWO in the deed from Mackay Radio and Telegraph Com-
pany to Arthur D. Nearon et ux recorded May 5, 1959 in Book 4406 of Official Records
at page 150, Records of Santa Clara County, California; thence S.70°25'20"E. along
said southwesterly line 381.45 feet, to the most easterly corner of said 0.548 acre
parcel; thence N.48°39'19"W. along the northeasterly line of said 0.548 acre parcel,
308.69 feet; thence northwesterly along the arc of a tangent curve to the left, having
a radius of 25 feet, through a central angle of 22°27'53", for an arc length of 9.80
feet, to a non -tangent point on said southeasterly line of Colorado Avenue; thenc.e
S.55°49'20"W. along said last named line 145.04 feet, to the point of beginning, con-
taining 0.519 acres, more or less, and being a portion of the Rancho Rincon de San
Francisquito.
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EXHIBIT "A" (continued)
PARCEL 4
Beginning at the point of intersection of the southeasterly line of
Colorado Avenue (60 feet wide) with the southwesterly line of that certain par-
cel of land described as PARCEL TWO in the deed from Mackay Radio and Tele-
graph Company to Arthur D. Nearon et ux recorded May 5, 1959 in Book 4406
of Official Records at page 150, Records of Santa Clara County, California;
thence S. 70°25'20"E. along said southwesterly line 381.45 feet,. to a point on
the southwesterly line of that certain o. 017 acre parcel of land conveyed to the
State of California by deed recorded November 21, 1957 in Book 3943 of OfficialRecorda
at page 81, Records of said County; thence S.48°39'19"E. along saidlast named line
53.96 feet, to a point on the northwesterly line of that certain parcel of land conveyed by
Manuel Vierra Maranhao et ux to L. C. Smith et ux by deed recorded January 5, 1956
in Book 3378 of Official Records at page 353, Records' of said County; theme S.70.05'
20"W. along said last named line 62.90 feet; thence N.70°25'20"W. 427. Cl feet, to a
point on said southeasterly line of Colorado Avenue; thence N.55.49'ZO"E. along said
last named line 74.39 feet, to the point of beginning, containing 0.599 acres, more or
less, and being a portion of the Rancho Rincon de San Francisquito.
PARCEL, 5
Beginning at the most easterly corner of that certain 1.986 acre parcel
of land conveyed by Mackay Radio and Telegraph Company to Arthur D. Nearon et
ux by deed recorded May 5, 1959 in Book 4406 of Official Records at page 150, Re-
cords of Santa Clara County, California; thence S. 50.37'20"W. along a southeasterly
line of said 1.986 acre parcel 58.96 feet, to a point on the northwesterly line of that
certain tract of land conveyed by Manuel Vierra Maranhao et ux to L. C. Smith et ux
by deed recorded January 5, 1956 in Book 3378 of Official Records at page 353, Re-
cords of said County; thence N.70°05'20"E. along said northwesterly line 79.43
feet, to the point of intersection thereof with the southeasterly prolongation of the
northeasterly line of said 1.986 acre parcel of land; thence N.70°25'20"W. along
said prolonged line 30.90 feet, to the point of beginning, containing 0.018 acres,
snore or less, and being a portion of the Rancho Rincon de San. Francisquito.
PARCEL 6
Beginning at the intersection of the southwesterly line of the former
state highway in Santa Clara County, Road IV, S.C.I. 68-AP.A. with the south-
easterly line of that strip of land 40.00 feet wide as described in the Deed to the
State of California Parcel 2 11922 (11923) recorded October 23, 1957 in Vol. 3920
page 353 of Santa Clara County Records; thence along said southeasterly line S.
55°49'20"W. 203.10 feet; thence S. 34°10'40"E. 10.00 feet to a point where the
southeasterly line of Colorado Avenue, a 60 foot wide road, intersects the curve
having a 25 -foot radi=..s with an angle of 75°31'21" and arc length 32.95 feet as
mentioned in the above State Deed, said intersection being the true point of be-
ginning; thence southeasterly along the arc of the above mentioned curve to the right
having a radius of 25 feet, which radius point bears S. 18°52'48"W. from said last
narhed point, through a central angle of 22.27'53", for an arc length of 9.80 feet,
to a tangent point on the northeasterly line of that certain 0.548 acre parcel of land
described as PARCEL TWO in the deed from Mackay Radio and Telegraph Company
to Arthur D. Nearon et ux recorded May 5, .1959, in Book 4406 of Official Records at
page. 150, Records of said County; thence 5.48.39'19"E. along said northeasterly line
of said 0.548 acre parcel and its southeasterly prolongation 464.42 feet; thence
S. 40•26'07"E. 276. 80 feet;
EXHIBIT "A" (zontinued)
thence N. 50°37'20"E. 12.00 feet, more or less to a point on a line parallel to
and distant 30.00 feet southwesterly, measured at right angles, from the St3te
of Cal_fornia, D.:vision of Highways, District IV, EF4 line; thence N.38°55'
40"W. along said parallel line 387 feet, more or less, to a point of curve;
thence northwesterly along a tangent curve to the left haying a radius of 376
feet, through a central angle of 17°05'08" for an arc length of 112.12 feet; thence
continuing along said parallel line N. 56°00'48"W.155. 36 feet; thence along a
tangent curve to the right having a radius of 430 feet, through a central angle of
10°21'37" for an arc length of 76.48 feet, to a point of reverse curve; thence
southwesterly along a tangent curve to the left ha•,ir.g a radius of 25 feet, through
a central angle of 76°45'26", for an arc length of 33.49 feet, to the point of
beginning, containing 0. 417 acres more or less.
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