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HomeMy WebLinkAboutRESO 4364rok JEL:vb RESOLUTION NO. 4364 CITY :r F:LO A:TJ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY OF SAID CITY REQUIRE, FOR PUBLIC USE, CERTAIN LAND LOCATED IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS SEALE-WOOSTER CANAL -STERLING CANAL 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, con- struction and completion.by the City of Palo Alto of the following public improvements, to wit: public trails and pathways, storm drain- age facilities, sanitary sewer facilities and public utilities. SECTION 2. That the taking in fee simple of the property des- cribed in Exhibit "A", attached hereto and by reference incorporated herein, situated in the City of Palo Alto, County of Santa Clara, State of California, is necessary for such improvement. SECTION 3. That said proposed acquisitions and improvements tre 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 ere located within the territorial limits of the City of Palo Alto. SECTION 11. That the Council of the City of Palo Alto hereby declares its intention to acquire title in fee simple in said lands described in EXHIBIT "A" under eminent domain proceedings, and the Office of 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 v ce. -1.- • • r . • • • in eminent domain for the acquisition of said property in fee simple, and to take such action as is necessary therein, and, if deemed to be necessary, to join therein, an action to quiet title to all or a por- tion of said property. SECTIONS. 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 sum as he may deem appropriate, options on the real property described in said EXHIBIT "A", said options to grant to the City the exclusive right and option to purchase said parcel or parcels. SECTION 6. The City Manager is further authorized to spend from general funds of the City appropriated for such purposes such monies 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. 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. 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 two-thirds or more of all of the members of said Council at its meeting held on the 7 �day of July 1970, by the following vote: AYES: UNANIMOUS NOES: NONE ABSENT: NONE Signed and approved this /7 day of , 1970. APPROVED AS TO FORM: g2A4.4 -2- • • EXHIBIT A All that certain real property situate in the City, of Palo Alto, County of Santa Clara, State of California, more particularly described as follows: PARCEL NO. 1 BEGINNING at the most easterly corner of Lot 31, Block 4, as shown on that certain map entitled "Tract No. 912 Sterling Gardens No. 1" which map was recorded November 6, 1951 in Book 34 of Maps at pages 40 and 41, Records of Santa Clara County, California, said corner also being the most easterly corner of said Block 4; thence along the northeasterly line of said Block 4; No. 46' 47' 45" W. 1243.38 feet and N. 45' 00' W. 135.7E feet, to the most northerly corner of Lot 10 of said Block 4; thence N. 49' 18' 00" E. along the northeasterly prolongation of the northwesterly line of said Lot 10, a distance of 50. 14 feet; thence southeasterly, parallel to said northeasterly line of said Block 4, S. 45' 00' E. 131.22 feet and S. 46' 47' 45" E. 1249. 00 feet to a point on the northwesterly line of Loma Verde Avenue as shown on said map; thence S. 50° 30' W. along said last named line 50.41 feet to the point of beginning, containing 1.429 acres, more or less and being that cer- tain 50 foot wide strip of land designated Sterling Canal on said map. PARCEL NO. 2 BEGINNING at a point on the Northwest line of Lot 151, as hereinafter re- ferred to, distant thereon North 54° 43' 50"East (shown as North 54' 43' East on the hereinafter referred to map) 421. 073 feet from the common line dividing Lots 150 and 151, as shown on said map; thence North 54'43'50" East along said Northwest line 50. 002 feet to the Northerly corner of said Lot 151; thence South 44°45'30" East (shown as South 45' East on said map) along the Northeast line of said Lot 151 30.416 feet; thence South 54.43'50" West, parallel with said Northwest line, 50. 002 feet; thence North 44'45'30" West 30.416 feet to the point of beginning. CONTAINING 0.034 acre of land, more or less, and being a portion of Lot 151 of the C.M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "0" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 3 BEGINNING at a point on the Northwest line of Lot 151, as hereinafter re- ferred to, distant thereon North 54'43'50" East (called North 54.30' East on the hereinafter referred to map) 352. 832 feet from the common boundary line dividing Lots 150 and 151, as shown on said map; thence North 54'43'50" East along said Northwest line 68.241 feet; thence South 44°45'3 ' East, parallel with the Northeast line of said Lot 151 (called South 45' East on said map) 30.416 feet; thence South 54'45' West, parallel with the Southwest line • • Exhibit A PARCEL NO. 3 (Continued) of said Lot 151 (called North 52° West on said map) 31.285 feet to the point of beginning. CONTAINING 0. 046 acre of land, more or less, and being a portion of Lot 151 of the C.M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "0" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. _4 BEGINNING at a point on the Northwest line of Lot 151, as hereinafter referred to, distant thereon North 540 43'50" East (shown as North 54°43' East on the hereinafter referred to map) 302. 835 feet from the common line dividing Lots 150 and 151, as shown on said map; thence North 54.43'50" East along said Northwest line 49.997 feet; thence South 51°45' East (shown as South 52° East on said map) parallel with said dividing line, 31. 285 feet; thence South 54°43' 50" West, parallel with said Northwest line, 49.997 feet; thence North 51°45' West, parallel with said dividing line, 31. 285 feet to the point of beginning. CONTAINING 0. 034 acre of land, more or less, and being a portion of Lot 151 of the C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "0" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 5 BEGINNING at a point on the Northwest line of Lot 151, as hereinafter referred to, distant thereon North 54°43'50" East (shown as North 54°30' East on the map hereinafter referred to) 201.89 feet from the common line dividing Lots 150 and 151, as shown on said map; thence North 54°43'50" East 100. 945 feet; thence South 51°45' East (shown as South 52° East on said map) 31.285 feet; thence South 54°43'50" West 100.945 feet; thence North 51°45' West 31.285 feet to the point of beginning. CONTAINING 0. 070 acre of land, more or less, and being a portion of Lot 151 of C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "0" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 6 BEGINNING at a point on the Northwest line of Lot 151, as hereinafter referred to, distant thereon North 54°43'50" East (shown as North 54.43' East on the hereinafter referred to map) 100. 945 feet from the common line dividing Lots 150 and 151, as shown on said map; thence North 54°43150" East along said Northwest line 100. 945 feet; thence South 51°45' East (shown as South 52° East on said map), parallel with said dividing line, 31.285 feet; thence South 54° 43'50" West, parallel with said Northwest line, 100. 945 feet; thence North 51.45' West, parallel with said dividing line, 31.285 feet to the point of begin- ning. , • Exhibit A PARCEL NO. 6 (Continued) CONTAINING 0. 070 acre of land, more or less, and being a portion of Lot 151 of the C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "0" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 7 BEGINNING at the point on the Northwest line of said C. M. Wooster Company's Subdivision of the Clarke Ranch, of intersection thereof with the common line dividing Lots 150 and 151, as shown on the map hereinafter referred to; thence North 54°43'50" East along said Northwest line (shown as North 54'30' East on said map) 100.945 feet; thence South 51°45' East (shown as South 52• East on said map), parallel with said dividing line, 31.285 feet; thence South 54'43'50" West, parallel with said Northwest line, 100. 945 feet to said dividing line; thence North 51°45' West along said dividing line 31.285 feet to the point of beginning. CONTAINING 0. 070 acre of land, more or less, and being a portion of Lot 151 of the C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "O" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 8, BEGINNING at a point on the Northwest line of Lot 150, as hereinafter referred to, distant thereon North 54°43'50" East (shown as North 54°30' East on the map hereinafter referred to) 329. 125 feet from the intersection of said North- west line with the Northeast line of Pablo Road, formerly Marian Road, as shown 40 feet wide on said map, said road now being Greer Road; thence North 54°43'50" East along said Northwest line 49. 997 feet to the common line dividing Lots 150 and 151, as shown on said map; thence South 51°45' East (shown as South 52° East on said map) along said dividing line 31. 285 feet; thence South 540 43'50" West, parallel with said Northwest line, 49. 997 feet; thence North 51°45' West, parallel with said dividing line, 31.285 feet to the point of beginning. CONTAINING 0. 034 acre of land, more or less, and being a portion of Lot 150 of the C. M. Wooster Company's Subdivision of the Clarke Ranch, a map of which is filed in Book "O" of Maps, page 16, Official Records of Santa Clara County. PARCEL NO. 9 BEGINNING at a point on the Northwest line of Lot 150, as hereinafter referred to, distant thereon North 54•#3'50" East (shown as North 54°301 East on the hereinafter referred to map) 229.13 feet from the intersection of said North- west line with the Northeast line of Pablo Road, formerly Marian Road, as