HomeMy WebLinkAboutCity Council Resolution 17-023 - Necessity for Acquisition of Saratoga to the Sea Trail EasementRESOLUTION NO. 17-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OF
PUBLIC USE AND NECESSITY OF THE CITY OF SARATOGA FOR ACQUISITION
OF A PUBLIC TRAIL EASEMENT OVER SAN JOSE WATER COMPANY PROPERTY
TO CONNECT QUARRY PARK AND SANBORN COUNTY PARK; AUTHORIZING
THE CITY ATTORNEY TO INITIATE A LEGAL PROCEEDING TO EFFECTUATE
THE TRANSFER OF THE EASEMENT.
Connecting public trail networks in Quarry Park and Sanborn County Park requires
development and maintenance of an approximately 3.2 -mile public trail (the "Project") extending
across and into undeveloped property owned by San Jose Water Company, APN 503-73-003 (the
"Property"). The Project requires acquisition of an easement over the Property for the design,
construction, use, and maintenance of the trail (the "Easement").
The City Council of the City of Saratoga, by a vote of four-fifths majority or more of
its members, finds, determines, declares, and resolves that:
Section 1. The City of Saratoga is a municipal corporation in the County of Santa Clara,
State of California.
Section 2. The Easement is to be acquired for public use for the Project and all uses
necessary, convenient, or appurtenant to the Project pursuant to the authority conferred upon the
City of Saratoga by California Constitution Article 1, section 19; California Government Code
sections 37350, 37350.5, 37351, and 40404; California Code of Civil Procedure sections 1230.010
et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120,
1240.140, 1240.150, 124.220, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650; and other
provisions -of -law.
Section 3. The Property is located in unincorporated Santa Clara County, and consists of
APN 503-73-003. The proposed alignment of the trail Easement is depicted on the map attached as
Exhibit "A" to this Resolution, excerpted from the Quarry Park to Sanborn County Park Trail
Feasibility Study (May 19, 2015). The Easement is required for the design, construction, use, and
maintenance of the Project.
Section 4. The Project will provide a recreational trail for public use that connects
Saratoga's Quarry Park with Sanborn County Park and associated trail networks. A further
description of the principal purpose of the Project is set forth in the Staff Report for this Resolution.
Section 5. The City Council of the City of Saratoga specifically finds anddetermines that:
A. The public interest and necessity require the Project.
B. The Project is planned or located in the manner that will be most compatible with
the greatest good and the least private injury.
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C. The Easement is necessary to carry out and make effective the principal purpose of
the Project.
D. The City has complied with all conditions and statutory requirements necessary to
acquire the Easement, including but not limited to, making the offer required by Government Code
section 7267.2(a).
Section 6. The findings and declarations contained in this Resolution are based on the record
before the City Council on May 3, 2017, when it adopted this Resolution, including the Staff Report
for this Resolution, all documents referenced and incorporated in the Staff Report, and the records
and documents prepared in connection with the Project, all of which are incorporated into this
Resolution by this reference.
Section 7. The City Council of the City of Saratoga authorizes and directs the City
Attorney's office and City Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the Easement in accordance with the law.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 3rd day of May, 2017 by the following vote:
AYES: Mayor Emily Lo, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny
Cappello, Howard A. Miller, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
A TEST:
Cry al Bothelio,'City Clerk
DATE:
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Emily Lo, Mayor
S/1/21)(-7