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Home My WebLink AboutRESO 4315• • ORIGINAL JEL:vb RESOLUTION NO. y3,6 -- RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LANE AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS REGIONAL WASTEWATER TREATMENT WORKS PROJECT 1968-81 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 described in Section 2 hereof for sanitary sewer mains and appurtenances, and work auxiliary thereto. SECTION 2. That the taking of an easement -for sanitary sewer mains and appurtenances in, over, across and upon Parcel 1, as more particularly described in Exhibit "A", attached hereto and by this reference made a part hereof, together with a temporary construction easement in, over, across and upon Parcel 2, as more particularly described in said Exhibit "A", for the purpose of moving therein and thereon machines and equipment and of depositing thereon and removing therefrom excavated material, situate in the County of Santa Clara, State of California, is necessary for such purposes. SECTION 3. That said proposed acquisitions and improve- ments are planned and located in a manner which will be most com- patible with the greatest public good and the least private injury, and all of said acquisitions are situate within the boundaries of the County of Santa Clara, State of California. e 4 • SECTION 4. That the Council of the City of Palo Alto hereby declares its intention to acquire the easements aforesaid in and to 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, Morton & Lynch, employed for that purpose, are hereby directed to institute and conduct to conclusion an action in eminent domain for the acquisi- tion 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 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 pro- ceeding 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 appraiBals of duly qualified and competent real estate appraisers. SECTION 7. The City Clerk shall certify to the adoption of thi resolution by a vote of ;wo-thirds of all of the members of the City Council. INIROD"10ED AND PASSED: December $ , 1969. AYES: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher, Norton, Pearson, Spaeth, Wheatley NOES: None ABSE Comstock ATTE A APPRQVED: /s/ erk - Itayor ii. APPROVED AS T• CONTENT: /mss CETIOtt ng epar ent 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 mcimbers of said Council, EXHIBIT "A" All that certain real property situate in the County of Santa Clara, State of California, and described as follows: Parcel No. 1 Beginning at the most northerly corner of Lot 4, Tract No. 2684, a map of which was recorded April 20, 1961, in Book 131 of Maps at page 43. Records of Santa Clara County, California, said corner also being the most easterly .corner of that certain 20 foot wide sanitary sewer easement conveyed by Charles S. McCandless et al to the City of Palo Alto by deed recorded June 4, 1969 in Book 8557 of Official Records at page 121, Records of said County; thence N. 39°09/00" E. along the northeasterly prolongation of the northwesterly line of said Lot 4, a distance of 163.00 feet, to a point on the northeasterly line of that certain parcel of land conveyed to NINE -PAR Company by deed recorded June 12, 1967 in Book 7748 of Official Records at page 127, Records of said County; thence N. 39°50100" W. along said northeasterly line 20.38 feet; thence S. 39°09'00"W. 163.00 feet, to a point on the southwesterly line of said parcel of land so conveyed to NINE -PAR Company; thence S. 39°50/00" E. along said last named line 20. 38 feet to the point of beginning, being a portion of the Rancho Rincon de San Francisquito. Parcel No. 2 Beginning at the most northerly corner of Lot 4, Tract No. 2684, a map of which was recorded April 20, 1961, in Book 131 of Maps at page 43, Records of Santa Clara County, California, said corner also being the most easterly corner of that certain 20 foot wide sanitary sewer easement conveyed by Charles S. McCandless et al to the City of Palo Alto by deed recorded June 4, 1969 in Book 8557 of Official Records at page 121, Records of said County; thence N. 39°09'00"E.along the northeasterly prolongation of the northwesterly line of said Lot 4, a distance of 163.00 feet, to a point on the northeasterly line of that certain parcel of land conveyed to NINE -PAR Company by deed recorded June 12, 1967 in Book 7748 of Official Records at page 127, Records of said County; thence S. 39°50100" E. along said northeasterly line 30.56 feet; thence S. 39°09100" W. 163. 00 feet to a point on the northeasterly line of said Lot 4; thence N. 39°50/00" W. along said last named line 30.56 feet to the point of beginning. • • ERNCST A WILSON KENNETH r JONES JAMS T MORTON J04N [ LYNCH PHILIP ASSAF PEGGY L. MACLLIOOTT JOHN H. HOLTOM ;,921-19e& NORMAN W MAVANAUGH SHCRROO S. DAV:S THOMAS C. MORONEY ROBERT J. HILL RCBCRT A. PRIOR LAWRENCE C JENSEN ROBERT M. HA1(,MT RO T 0 AUWIlREY RICHARD H. HARGROVE ANDREW C WALL, JR. RICHARD V RAYMOND JCRCWIAH J. LYNCH NAYER A GANtEL GERA-0 A LASTER M:!HA(L R. NAVE FRANK P10MNJO RAYMOND M. HA3GHT JOHN 0 CLARA WILSON, JONES, MORTON & LYNCH ATTORNEYS AND COUNSELLORS AT LAW 030 NORTH SAN MATEO DRIVE P. O. SOX 152 SAN MATEO, CALIFORNIA 94401 [415] 342-3523 December 10, 1969 Office of the City Clerk 1313 Newell Road Palo Alto, California 94303 Attn: Mrs. Klamm RE: City of Palo Alto v. Nine -Par Co. Dear Madam: CHARLES N. AIRR6FIDE 169.-1911 RIRAORIDC i GORDON !JOSEPH II-GORDON) 1911.19E9 AIRRDRIOC & WILSON 1929.1947 AtGAeR10E, W1:5DN. HARZFCLD A WALLACE 19c7.1961 OICOUNSCL AR7NUP J UARZFCLO JAMES M WALLACE Pursuant to your request, there is enclosed original resolution, duly signed by Mr. Lynch, together with 10 copies thereof. Please return a certified copy of the adopted resolution for our files. Very tr _ ours, for WILSON. JO i S. MORT & LYNCH • JEL:vb Encl. cc: Mr. Zellhoefer aii-4jn \4".4-7f) at NV 9E 6 11 33a 0111 o11►d .sC .k11'? 971