HomeMy WebLinkAboutRESO 4157ESO LUTIO N NO.
4157
ORIGINAL
RESO LU TIO N OF T HE COUNCI L OF T HE CIT Y OF PA LO A LTO
FIN DING AND DET ERMI NI NG T HAT T HE PUBLIC INTERES T AN D
NECESSITY OF SAI D CITY REQUIRE FOR P UBLIC USE T HE AC-
QUISITION OF CERTAIN LA ND.
PROJ ECT NO . 68-81, RE GI ONAL WASTEWATER TREATMENT W ORKS
IT IS R ESO LVE D, by the City C ouncil of the City of Palo Alto,
Califor nia , which her eby finds, determi nes and o rde rs, as f oll ows:
SECTION 1. Th at the public interest and necessity require the ac-
quisition, construc tion and c ompletio n of W astew ater Tr eatme nt F acilities
a nd Appurtenances, an access roadway ther eto and Sanitary Sewer Main and
P ublic Utilities thereto , in , over, ac ross and upon the p arcels of land more
pa rticularly described in E xhibit "A" attached h ereto and by this referen ce
ma de a part he reof, and the taking of the following estates and int er ests are
necessary the refor:
(a) The fe e simple title for w ast ewat er tr eatment facilities
in and to parcels 2, 3, 4B and 6 and mor e particularly
describe d in sa id Exhibit "A" .
(b) The fee simple title for stree t purposes in and to
par cel 4A as more par ticula rly describ ed in Exhi')it
ioAii
(c) An ea sement for s anitary se wer and public utilities in,
o ver, a cross and upo n pa rc el 4-c, and more parti cu-
larly described in said Exhibit "A".
(d) Ea sements for public utility purposes in, o ver, across
and upo n Parce ls 3-b and 4-b, as more par ticular ly
described in said Exhibit "A".
SECTION 2. That said pr oposed acqu isition and impro veme nt are
punned a nd loca te d in a ma nner which will be most co mpatible with the
grea test pu blic good and the ' :st pr ivate injury.
SE CTION 3. That the Co uncil of the C ity of P alo Alto hereby
dec la re s its intentio n to acquir e the aforesaid estates and inte rests in and to
the la nd described in said E xhibit "A" un der eminent do ma in proce edings,
and the City Attorney of the City of Palo Alto and the la w firm of Messrs.
Wilson , Jones, Mo rto n & Lynch, employed for tha t purpose, are he reby
directed to institut e and conduct to conclusi on an action in emin ent domain
f or th e acquisition of said pr op erty in f ee simple, and to t ak e such acti on
as is n ecessary ther ein.
SE CTI ON 4. The City M anag er is hereby autho riz ed and directed
as an altern ative to tri al of any action in eminent d omain initiated hereunder
to purc hase for such reasonable sums as he may deem app ropriate th e s ever al
pa rcels of land afo resaid and to cause to be draft ed, executed and deliv ered
on be ha lf of the City all documents, either to be used within or without ti?e
condemna tion pro ceedings af ores aid, necessa ry or conveni ent to accomplish
this purpose .
SECT IO N 5. The City Manage r is furth er authorized to spend
fro m general funds of the City heret ofore appropriated for such purpos es
such mo nies as ar e nece ssa ry and as in his opinion m ay constitut e th e f ai r
marke t value of said parcels based upon appraisals of duly qualifi ed and
compete nt real estate appr aiser s..
SECTION 6. The City Cler k shall certify to th e adoption of
this resolution by a vo te of two -thirds of all of the m embers of th e City
Council.
INTRODUCED AND PASSED:
August 26, 1968
AYE S: Ar nold, Beahrs, Berwa ld, Clar k, Comstock, Dias, Gullixson,
Whe atley
NOES: None
ABSE NT: G alla gher , Pearson, Spaeth
A
TEST:
(ea0 A "�" • VED:
1 1
/ l
Ma yor
AP�FrQVE AS TO FO RM: APP' •V .• A TO CONTENT:
City Attorney
g''eering Department
I her eby certify that the who le number of membe rs of the Co uncil
of the City of Palo Alto is e le ve n and that the for egoing resolutioi. was
ado pte d by a vo te of more tha n two -thir ds of 3.1 of the members of sa id
Council.
-2-
EX HIBI T A
Parcel 2 (To be acquir ed in fee)
BEGINNING at a point on the southw esterly line of that ce rtain 1 .5 acre
parce l granted to the City of Palo Alto by De ed recorded July 11, 1933 in Book
658 at page 23, Official Re cords of Santa Cla ra County, C alifo rnia, being dis-
tant thereo n N 45°05'W, 20. 90 feet from the most n orth erly c orn er of that
ce rta in 0. 081 a cre parcel gr anted to the City of Pal o Alto, by Deed record ed
Fe brua ry 15, 1936 in Book 764 at p age 51 of Offici al Record s of Sant a Cl ara
County, Ca lifo rnia ; thence N 45°05'W along s aid southwesterly line, 197. 30
fe et to the most easter ly corne r of that ce rtain parcel of l and des cribed as
"P ar cel One" grante d by Ro bert J. Bahr and Alice M. B ahr and M au rice R.
Le doye n a nd Be tty D. L edoyen to Harold G. Harvey, et al, by De ed recorded
D ecember 30, 1966 in Boo k 7602 at pa ge 108, Official R ec ords of Sant a Clar a
County, Ca lifo rnia, said ea sterly corne r being dista nt N 51 °37'E, along the
so utheasterly line of said "P arcel One, " 210 fee t fro m the northeast erly line
of E mbarcadero Wa y (50 fee t wide); thence S 38°23'E , par allel with said north-_
e asterly line, 195. 95 feet; thence N 51°37'E 23. 02 fee t to the point of beginning,
being a por tion of Rancho Rincona da del Arr oyo de San Fra nc isquito and con -
twining 0. 052 Acr es mo re or less.
Parce l 3 (T o be ac qui_ad in fee )
BEG INN ING at the r no st northerly corner of tha t c ertain 0.08i acre
parcel grante d to the City of Palo Alto, by Dee d recorded Fe brua ry 15, 1936
• •
in Book 764 at page 51 of Offi cial Rec ords of Santa Cl ar a County, C aliforni a;
thence 5 22 °32'30"E, along the weste rly line of said 0.081 a cr e parcel, 93.26
feet; thence N 38°23'W, 110.48 feet; thenc e N 51°37'E, at right angl es, 23.02
feet to a point on the southwesterly line of that certain 1. 5 acre parcel granted
to the C ity of Palo Alto by D eed reco rd ed J uly 11, 1933 in Book 658 at page
23, Offic ial Reco rds of Santa Clara County, C alifornia; thence S 45"05'E al ong
said last mentioned line , 20.90 fe et to th e p oint of beginni ng, being a portio n
of Ra ncho Rincona da del Arroyo de San Fr ancisquito and co nt aining 0. 038
Ac res more or les s.
Pa rcel 3b (Public utilitie s easement to be acquired)
BEGINNING at the most no rtherly corner of that certain publi c utiliti es
e as eme nt gr ante d to the City of Palo Alto by Deed reco rded on M ay 10, 1963 in
Bo ok 6018 at page 605, Official Reco rds of Santa Cla ra County, C alif orni a;
the nce S 38°23'E , along the nor theasterly line of sa id ea sement, 43.87 feet;
the nce N 51°37'E 5.00 fe et; thenc e N 38°23'W, parallel with said northe asterly
line 46. 88 feet to the most easterly corner of that certain 5 -foot wide public
utilities easeme nt dedicated to the City of Pa lo Alto by D eed recor de d on May 10,
1963 in Book 6018 at page 611, Official Reco rds of Santa C lar a County, Ca lifor-
nia ; the nce S 20°36'W, along the southeaste rly line of said last mentioned ease-
ment, 5 .83 f eet to the point of begin ni ng, b eing a po rtion of Rancho Ri nc onad a
del Arr oyo de S an Fr ancisquito, and containi ng 0.005 Acres mor e or less.
Parcel 4A ( To be acquired in fee)
BEGINNING at the most north erly corner of that ce rtain publi c utilities
ease ment granted to the City of P alo Alto by Deed rec orded on M ay 10, 1963 in
Book 6018 at page 605, Offici al R ecords of Santa Cl ara County, California;
thence $ 38°23'E, along th e no rtheasterly line of said e as ement and its south-
easterly prolonga tion 366.45 fe et to a point on the west erly line of th at certai n
20.65 Acre + parc el of land granted to th e City of Palo Alto from Alfred and
Gra ce R. Sea le by De ed r ec orded Octobe r 14, 1932 in Book 623 at page 572,
Official Recor ds of Sa nta Clara County, California, said p oint being distant
ther eo n So uth 298. 00 feet from the most southerly co rner of that certain 0 .081
ac re pa rcel granted to the City of Pa lo Alto by Deed reco rded February 15,
1936 in Bo ok 764 at page 51 of Official Rec ords of Santa Clar a County, C alifor-
nia; thence So uth, along sa id we sterly line 80.51 feet; thence N 38 °23'W, pa r-
allel with said northea sterly line a nd its southeasterly prolongation, 398 . 51
fe et to th
st westerly c orne r of said ea se ment; thenc e N 20°36'E, along the
no rthwesterly line of said eas ement, 58. 34 fee t to the point of beginning, being
po rtion of Rancho Rinconada de l Arro yo de San Francisquito, and c ontaining
0.436 Acr es more or less.
Par ce l 4B (To be a cquired in fee)
BEGINNING at the most so utherly c orne r of that certain 0. 081 acre
pa rcel gr ante d to the City of Palo Alto, by De ed recor ded Febr uary 15, 1936
-3-
• •
in Book 764 at p age 51 of Official Records of S ant a Clara County, California;
thenc e South, along the westerly line of that cert ain 20.65 Acre t p arcel of l and
granted to the City of P al o Alto f rom Alfr ed and Grace R. Seale by D eed rec orded
October 14, 1932 in B ook 623 at pag e 572, Offi cial Re cords of Sant a Clara County,
Ca liforn ia , 298. 00 feet; thence N 38 °23'W, along the southeasterly prol ongation
of the no rthea sterly line of th at certai n public utilities e asement gr anted to the
C ity of Pa lo Alto by Deed rec ord ed on May 10, 1963 in Book 6018 at p ag e 605,
Official Records of Santa Clara C ounty, C alifornia, 321.58 feet to a point on
sa id nor thea sterly line, sa id point being distant the reon S 38°23'E, 43.87 feet
fro m the most northerly corner of said eas ement; thence N 51°37' E, 210.00 fe et
to a po int on the wester ly line of sa id 0.081 acre parcel; th ence S 22°32'30"E,
alo ng said wester ly line, 91.46 feet to the point of beginning, b eing a portion of
Rancho Rinc ona da de l Arr oyo de San F rancisquito, and c ont aining 1.012 Acres
more or le ss.
Par ce l 4b (PUE to be acquire d)
B EGINNIN G at the mo st weste rly cor ner of that certa in publi c utilities
ea sement grante d to the City of Palo Alto by De ed recorded on May 10, 1963 in
B oo k 6018 at page 605, Officia l Reco rds of Santa Clara Co unty, California;
thence S 38°23'E, a long the southwester ly line of said ea sement and its pr o-
lo nga tio n 398.51 feet to a point on the westerly line of that c ertain 20. 65 Acre +
parc el of land granted to the City of Palo Alto fro m Alfred and Gr ace R. Seale
by Dee d r eco rded Octo ber 14, 193Z in Boo k 623 at page 572, Official R ecords of
Santa Clara County, Ca lifor nia , sa id point be ing distant there on South 378. 51
-4-
•
feet from the most so uthe rly co rner of th at certain 0. 081 acre par cel gr anted
to the City of Palo Alto by Deed r eco rd ed February 15, 1936 in Book 764 at p age
51 of Offici al R ecords of Santa Clara County, Californi a; th ence South along said
we sterly line, 8.05 f eet; the nce N 38 °23'W, 401 .81 feet to a p oint on the south-
wester ly prolongation of the northwesterly li ne of s aid easem ent, thence N 20°
36'E, along said last mentioned prolongati on, 5.83 feet to the point of beginning,
being a portion of Rancho Rinconada del Arroyo de S an Francisquito, and con-
taining . 092 Acres mo re or less.
Parcel 4c (PUE a nd Sa nitary Sewer Easement to be a cquir ed)
A 20 foot -wide ease ment for public utility and sanitary s ewer p urposes
the cente rline of whic h is de scribed as follows:
BEG IN NING at a point on the southwesterly lin e of that certain par cel of
land de scr ibed as "Pa rcel Two" granted by Robert J. Bahr and Alic e M. Bahr,
and Mauric e R. L edoyen and Betty D. Ledoyen to Ha rold G. H arvey, et al, by
Deed recorded De ce mber 30, 1966 in B ook 7602 at pa ge 108, Offi cial Records
of Santa Clara County, Ca lifornia , said point being distant the re on S 38 °23'E,
421.37 fee t fro m the we ster nmost c or ne r the reof; thenc e 1.1. 51°37'E , at right
angle s, 211.00 fee t to a point, said last mentioned point be ing distant S 38023:E
90.23 feet fr om the most southerly co rner of that certa in public utilitie s ease-
me nt gra nted to the City.of Palo Alto by Deed re corded on May 10, 1963 in B ook
6018 at page 605, Official R ecords of Santa C lar a County, California, being a
portion of Ranc ho R inconada del Arroyo de San Fr ancisquito, and c ontaining
0.097 Acres more or less.
Pa rcel 6 (To be acquired in f ee)
BEGI NNIN G at a p oint on the s outherly line of that certain 20.65 Acre +
parcel of land granted to the City of P al o Alto from Alf red and Grace R. Se al e
by Deed rec orded Oct ober 14, 1932 in B ook 623 at page 572, Official Reco rds of
Santa Clara County, C alif ornia, said p oint being distant the reon East 302 .59 f eet
fro m the most southwesterly corner there of; then ce S 38°23'E, 68 . 52 feet; thenc e
N 51°37'E, 86. 51 feet to a p oint on said southe rly li ne; thence West, al ong said
southerly line, 110.36 feet to the p oint of beginning, being a p ortion of Rancho
Rinc ona da del Arroyo de San Francisquito, cont aining 0 .068 Acres, more or
less.
-6-