HomeMy WebLinkAboutRESO 4332•
RESOLUTION NO.
4332
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ORIGINAL
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
DECLARING THAT THE PUBLIC INTEREST OR CONVENIENCE
REQUIRES THE DISCONTINUANCE UNTIL OCTOBER 14, 1976
OF THE USE OF CERTAIN LANDS AS A PUBLIC PARK, AND
THAT THE COUNCIL INTENDS TO CALL A SPECIAL ELECTION
TO SUBMIT THE QUESTION OF DISCONTINUANCE TO THE
CITY ELECTORS
WHEREAS, pursuant to the requirements of Article VIII of
the Charter of the City of Palo Alto, the Council did by Ordinance
No. 2252 dedicate lands known as El Camino Park for park purposes,
and
WHEREAS, a .551 acre portion of said El Camino Park at the
time of its dedication for park purposes was subject to lease
from the City of Palo Alto to the American National Red Cross,
Palo Alto Area Chapter, for a thirty-year term terminating
October 13, 1976, and
WHEREAS, the term of said lease beyond October 13, 1971 was
invalid at its inception because it exceeded the then power of
the City Council as set forth in the charter, and
WHEREAS, it is the desire of the City Council to enable it
and the Red Cross to extend said lease to cover the full period
originally contemplated,
NOW, THEREFORE, the Council of the City of Palo Alto does
hereby RESOLVE as follows:
SECTION 1. That the public interest or convenience re-
quires the discontinuance until October 14, 1975 of the use
as a public park of the .551 acre parcel of land more
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particularly described on EXHIBIT A attached hereto and made a
part hereof. The disposition which the City Council proposes to
make of said parcel during the period of abandonment is the
continuation of an existing lease with the American National Red
Cross, Palo Alto Area Chapter. Said parcel of land automatically
shall revert to its status as land dedicated for park purposes
under Article VIII of the Charter from and after October 14, 1976.
SECTION 2. That the Council intends to call an election for
the purpose of submitting the question of such discontinuance to
the city electors.
SECTION 3. That March 30, 1970 at 7:30 p.m. in the Council
Chambers of the City of Palo Alto is hereby fixed as the time and
place at which the public or persons particularly interested may
protest such discontinuance.
SECTION 4. That any time before the hour set for such hearing
any person or persons interested may protest in writing against
the proposed abandonment and discontinuance, or to the extent
thereof. Such protests shall be delivered to the City Clerk at
the City Hall.
SECTION 5. That the City Engineer shall cause at least three
notices of the adoption of the resolution to be posted conspicu-
ously not more than three hundred feet apart along the exterior
boundaries of the area proposed to be discontinued or abandoned
as a public park. Posting shall be completed at least twenty
days before the time set for the hearing. Failure to post the
notices shall not invalidate the proceedings or prevent the
Council from acquiring jurisdiction to proceed with the discon-
tinuance and abandonment. The posted notices shall be headed:
"Notice of proposed discontinuance of public park land" in
legible characters, state the date of adoption of the resolution,
and recite the facts contained in the resolution.
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City Attorney
SECTION 6. That the City Clerk shall cause this resolution
to be published twice in a daily newspaper published and circulated
in the City. Publication shall be completed at least twenty days
before the time set for the hearing.
INTRODUCED AND PASSED: February 24, 1970
AYES: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher,
Norton, Pearson, Wheatley.
NOES: None.
ABSENT: Spaeth.
A ST: APPROVED:
-y C erk - Mayor
PRO D AS TO FORM:
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LEGAL DESCRIPTION OF PORTION OF
EL CAMINO PARK TO BE DISCONTINUED
FOR PARK USE UNTIL OCTOBER 14, 1976
COMMENCING at the intersection of the
southwesterly line of the Southern Pacific Railroad Company's
right-of-way, 230 feet in width, (as described in that certain
easement of Leland Stanford to the Southern Pacific Railroad
Company, dated November 23, 1892, and recorded October 28, 1915,
in Volume 435 of Deeds at page 244, Santa Clara County Records,
in which the bearing of said line is called North 51° 28' West,
which line is also the southwesterly line of that certain ease-
ment (Palo Alto Agreement No. 224) granted by the Southern
Pacific Railroad Company to the City of Palo Alto by Agreement
dated October 2, 1939, and recorded November 27, 1939 in Book
954 of Official Records, page 567, Santa Clara County Records),
with the center line of University Avenue produced southwesterly,
as said University Avenue exists 75 feet in width (said inter-
section being the most easterly point of Parcel 1 as described
in that certain lease of the Board of Trustees of Leland Stanford
Junior University of the City of Palo Alto (Palo Alto Lease No.3)
dated June 10, 1915 and recorded by Stanford University on
September 23, 1915, in Vol. P of Leases at page 333 et seq.,
Santa Clara County Records, in which the bearing of said line is
called North 51°45' West); thence North 51°45' West along said
southwesterly line a distance of 467.50 feet to the intersection
of said line of right-of-way with the center line of Lytton Avenue
(prolonged); thence South 38°15' West, along said center line of
Lytton Avenue (prolonged), a distance of 81.00 feet to a point
on the southwesterlymost line of Parcel No. 2, City of Palo Alto
Agreement No. 46, dated October 2, 1939 and recorded October 30,
1939 in Book 951 of Official Records, page 580, Santa Clara
County Records, which point is the true point of commencement;
thence South 51°45' East, along said southwesterlymost line, a
distance of 25.00 feet; thence South 38°15' West a distance of
120.00 feet; thence North 51° 45' West a distance of 200.00
feet; thence North 38°15' East a distance of 120 feet to a
point on the above mentioned southwesterlymost line of Parcel
No. 2; thence South 51°45' East a distance of 175.00 feet along
said line to the true point of commencement, containing an area
of 0.551 acres, more or less, as is shown on City of Palo Alto
Drawing No. 10,482 attached hereto and made a part of this
description.
EXHIBIT A