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HomeMy WebLinkAbout09-01-1999 Agenda Item 4BSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ~ / ~ r AGENDA ITEM MEETING DATE September 1.1999 CITY MANAGER: Larry Perlin ORIGINATING DEPT. Ci , Manager PREPARED BY: Special Counsel SUBJECT: Vessing Road District initiation of condemnation proceedings RECOMMENDED MOTION(S): Open and close public hearing; adopt resolution. REPORT SUMMARY: Please see attached memorandum from Special Counsel Nave dated August 26, 1999, along with the resolution. Also attached is a letter received from Mr. Lester Hinz dated August 26, 1999 regarding this matter. FISCAL IMPACTS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A FOLLOW UP ACTIONS: NIA ATTACHMENTS: as stated MEYERS, NAVE, RIBACK, SILVER & WILSON MICHAEL R. NAVE A PROFESSIONAL LAW CORPORATION NORTH BAV OFFICE STEVEN R. MEYERS ELIZABETH H. SILVER 555 FIFTH STREET, SUITE 230 MICHAEL S. RIBACK GATEWAY PLAZA SANTA ROSA, CA 95401 KENNETH A. WILSON 777 DAVIS STREET SUITE 300 TELEPHONE: 17071545-8009 DAVID W. SKINNER , FACSIMILE: (707) 545-6617 STEVENT MATTAS SAN LEANDRO, CALIFORNIA 94577 MICHAEL F. RODRIQUEZ TELEPHONE: (5101 351-4300 CLIFFORD F CAMPBELL CENTRAL VALLEY OFFICE RICK W. JARVIS FACSIMILE: (510! 351-4481 KATHLEEN FAUBION, AICP 5250 CLAREMONT AVENUE ARNE B. SANDBERG STOCKTON, CA 95207 BENJAMIN P FAY TELEPHONE: 12091 951-4080 DANIEL A. MULLER FACSIMILE: 12091 951-3009 LIANE M. RANDOLPH PATRICK WHITNELL KATHARINE G. WELLMAN JOHN W. TRUXAW GARY A. WATT JULIE L. HARRYMAN ADAM U LINGREN DIANE B. ROLEN Au ust 26 1999 CLAIRE S. BARDOS g , KEVIN R. BRODEHL Reply To: JULIA L. BOND KATHY E. MOUNT San Leandro BERNADETTE S. CURRY OF COUNSEL ANDREA J.SALTZMAN CERTIFIED APPELLATE SPECIALIST STEFANIE Y GANDOLFI TO: Honorable Mayor and Councilmembers DATE: August 26, 1999 City Manager FROM: Michael R. Nave, Special Counsel RE: Vessing Road Easement Acquisition The City intends to acquire a permanent road easement from three property ownerships in order to complete the improvements to Vessing Road. The improvements and easement acquisitions are financed by the Vessing Road Assessment District. The City has advertised for bids, and the award of the construction contract is tentatively set for September 15, 1999. In order to commence the road improvement work, the contractor will need possession of the right-of-way. Unless the three landowners (Estate of Ethel J. Hinz; Paul and Livia Hug; and Austin and Barbara Kilburn) agree to voluntarily convey an easement to the City, it will be necessary for the City to initiate condemnation lawsuits to obtain possession orders which will allow the City's contractor to commence construction before the lawsuit is resolved. The City has obtained appraisals of the three easements. The easements will encumber no more land than the existing private Vessing Road right-of-way. Due to the fact that the private right-of-way was established by recorded easements, the highest and best use of the right-of--way can only be for ingress and egress. Therefore, because the August 26, 1999 Page 2 right-of--way can never be developed or used for any purpose except vehicular and pedestrian access, the City's appraiser placed a nominal value of $1,000 on each easement required. Government Code Section 7267.2 requires the City to submit an offer to purchase the required easement before the City initiates condemnation. On August 1 1, 1999, written offers and copies of the City's appraisal were mailed to each of the three landowners. On August 16, 1999, a written notice was mailed to each of the three landowners. The notice advised the owners that the City Council will consider the adoption of a Resolution of Necessity to condemn the easements at the September 1, 1999, council meeting. The only issues to be discussed at the September 1st hearing are set forth as findings in the Resolution of Necessity. The City Manager or Public Works Director will discuss the scope of the proposed improvement, and if the property owners have requested an opportunity to address the Council, their comments should be limited to the issues specified in the resolution. The value of the easements is not an issue, and no testimony should be allowed on the amount of compensation. Four affirmative votes are required for adoption of the Resolution of Necessity. If the resolution is adopted, and if none of the three owners have agreed to convey the easements to the City, the City will file condemnation lawsuits and obtain possession orders to allow construction to begin. MRN:jm J:\WPD\MNRS W~ 73\077\MEMO\STAFFREP.813 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF PERMANENT EASEMENTS AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS Assessor's Parcel Nos. 397-05-028 (Hinz); 397-05-029 (Kilburn); 397-06-054 (Hug) IT IS RESOLVED by the City of Saratoga, California, as follows: WHEREAS, it is desirable and necessary for the City of Saratoga to acquire permanent easements for public ingress and egress and road improvements, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, in order to improve Vessing Road; WHEREAS, the City of Saratoga is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19, of the Constitution of the State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City of Saratoga on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the property sought to be acquired is necessary for the project; (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner(s) of record. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the City of Saratoga has made an offer to the owner or owners of record to acquire the subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the acquisition of permanent easements for public ingress and egress and road improvements in Vessing Road. 2. The permanent public easements are planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The permanent public easements sought to be acquired are necessary; 2 The offer required by Section 7267.2 of the Government Code of the Stat of California has been made to the owner or owners of record of the real property form whom said easements will be acquired; 6. The law firm of Meyers, Nave, Riback, Silver & Wilson, be, and it is hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as it may deem advisable or necessary in connection therewith; 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. **~~~*~: Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 1st day of September, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk J:\WPD\MNRSW\273\077\RESOLUTI.RON 3 OWNER: LESTER F. HINZ, JR., EXECUTOR OF THE ESTATE OF ETHEL j. HINZ APN 397-05-028 EXHIBIT "A" Recording Requested By: CITY OF SARATOGA When Recorded Mail To: CITY OF SARATOGA c/o Larry Perlin, City Manager 13777 Fruitvale Avenue Saratoga, CA 95070 No Documentary Transfer Tax Due By GRANT OF PERMANENT EASEMENT THE GRANTOR, LESTER F. HINZ, JR., EXECUTOR OF THE ESTATE OF ETHEL JOSEPHINE HINZ, hereby grants to THE CITY OF SARA'TOGA, hereinafter referred to as GRANTEE, its successors and assigns, a permanent easement for public vehicular and pedestrian ingress and egress, including the right to construct and maintain road improvements and appurtenances, along that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO APN 397-05-028 GRANTOR reserves the right to use said easement for purposes whirr will not interfere with GRANTEE's full enjoyment of the rights hereby grant rci; provided that GRANTOR shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on s,tiid easement. This instrument contains the entire agreement between the parties rrlating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and efl~rct excepting a subsequent modification in writing, signed by the party to be chargc•ci. THE provisions hereof shall inure to the benefit of and bind the sucre•ssors and assigns of the respective parties hereto, and all covenants shall apply t o and run with the land. IN WITNESS WHEREOF, GRANTOR has executed these presents t his day of 1999. LESTER F. HINZ, JR., EXEt;UTOR OF THE ESTATE OF ETHEL JOSEPHINE HINZ GENERAL ACIQVOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ss. On , 1999, before me, `~" ~~ , a Notary Public, personally appeared LESTER F. HINZ, JR., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon be1~~Ilf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J:\WPD\MNRSN\273\t177\GRANTEAS.NIN LEGAL DESCRIPTION (Hinz) The southerly 17 feet of the real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Beginning at an iron pipe standing at the Southeasterly corner of that. certain 15 acre tract of land conveyed by P.S. Langford, et ux, to John Ball, by Deed dated July 18, 1887, and recorded September 3, 1887 in Book 96 of Deeds, page 296, Records of Santa Clara County, California; thence running along the Easterly line of said tract of land so conveyed to John Ball, North 0° 40' East 5.492 chains to the Southwesterly corner of the certain 15 acre tract of land conveyed by H. Clarence Langford, unmarried, to John Raab, by Deed dated January 13, 1917 and recorded January 1 b, 1917 in Book 451 of Deeds, page 585, Records of said County of Santa Clara; thence running along the Southerly line of said 15 acre tract of land so conveyed to John Raab, South 89° 40' East 11.15 chains to stake marked M-1-B-1, standing on the Westerly bank of the San Tomas Aquino Creek; thence South 5 ° 35' East 0.45 chains to a point in said Creek at a corner of said 15 acre tract; thence along the center of said creek with the following courses and distances; South 5° 30' East 2.00 chains, South 26° 35' West 1.00 chains, South 17° 30' East 1.00 chains, South 32° 30' East 0.90 chains, South 89° 30' East 0.54 chains, South 46° East 0.78 chains, South 64° 30' East 1.86 chains, South 27° East 0.77 chains, South b° East 0.67 chains, South 51 ° 30' West 0.83 chains, South 19° 30' West 0.71 chains, South ] 5" East O.b8 chains, South 50° 30' West 0.73 chains, South 67° 30' West 0.58 chains, South 47° 45' West 0.83 chains and South 4b° 15' West 0.57 chains; thence 1r~vi~lg said center line and running, South 89° 35' West 1.03 chains to a point from which is set an iron pin, North 20 feet; thence North 89° 35' West 5.$01 chains to the Southeast corner of that certain 5.00 acre tract of land conveyed by H. Clarencr Langford, unmarried, to George Rogg, by Deed dated May 21, 1913, and recorded May 21, 1913 in Book 403 of Deeds, page 399, Records of said County of S~-tita Clara; thence running along the Easterly line of said 5.00 acre tract of land, North L° 55' West 5.993 chains to the Northeasterly corner thereof; thence along the Northerly line of said 5.00 acre tract of land, North 89° 35' West 1.227 chains to the place of beginning, and being a portion of the Quito Rancho, and a part of Srction 8 in Township 8, South Range 1 West, Mount Diablo Base and Meridian. Saving and excepting from the above described l 1.68 acre tract of lend, that portion thereof conveyed by William T. Hobson and Agnes C. Hobson, his wife, to Emma V. Page 1 of 2 Pages EXHIBIT A Raisch, by Deed dated October 18, 1923 and recorded October 25, I c)`L3 in Book 55 of Deeds, page 37, described as follows, to wit: Beginning at a point distant, South 89° 35' East 5.801 chains from the Southeast corner of that 5 acre tract of land deeded to George Rogg by Deed dated May 21, 1913 and recorded in Book 403 of Deeds, page 399, Records of Santa Clara County, California, in the Office of the County Recorder of said County, from which point of beginning is set an iron pin in the center of the roadway known as tl~e Quito Road, North 20 feet, which point of beginning is also in the South boundary line of the Quito Rancho, and is the South line of the premises of William T. Hobson and Agnes C. Hobson, his wife, and from said point of beginning, running North 89° 35' East 1.03 chains; thence North 46° 15' East 57 links; thence North 47° 45' East 83 links; thence North 67° 30' East 58 links; thence North 50° 30' East 73 links; thence North 15 ° West 6$ links; thence North 89 ° 35' West to a point in the center of said Quito Road; thence Southwesterly along the middle of said road to said iron pin which is set North 20 feet from the point of beginning, and thence South 20 feet to the point of beginning. Containing about .45 of an acre of land, and being in the Southeast corner of the tract of land described in the Deed from H. Clarence Langford, also known as Clarence H. Langford to William T. Hobson and Agnes C. Hobson, his wife, dated January 13, 1917 and recorded in Book 451 of Deeds, page 587, et seq., Santa Clara County Records. APN 397-05-028 J:\WPD\MNRSW\273\077\HINZ.LEG Page 2 of 2 Pages OWNERS: AUSTIN AND BARBARA. IQLBURN A1'N 397-05-029 EXHIBIT "A" Recording Requested By: CITY OF SARATOGA When Recorded Mail To: CITY OF SARATOGA c/o Larry Perlin, City Manager 13777 Fruitvale Avenue Saratoga, CA 95070 No Documentary Transfer "1'~cx Due By GRANT OF PERMIANENT EASEMENT THE GRANTORS, AUSTIN M. IQLBURN and BARBARA J. IQLBURN, husband and wife as joint tenant, hereby grant to THE CITY OF SARATOGA, hereinafter referred to as GRANTEE, its successors and assigns, a permanent e~isement for public vehicular and pedestrian ingress and egress, including the right to construct and maintain road improvements and appurtenances, along that certain real property situated in the City of Saratoga, County of Santa Clara, State of C~~lil'ornia, described as follows: SEE EXHIBIT "A" ATTACHED HERETO APN 397-5-29 GRANTORS reserve the right to use said easement for purposes which will not interfere with GRANTEE's full enjoyment of the rights hereby grantccl; provided that GRANTORS shall not erect or construct any building or other stri~e-tiirc, or drill or operate any well, or construct any reservoir or other obstruction on said easement. This instrument contains the entire agreement between the parties r~ biting to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and el~lec•t excepting a subsequent modification in writing, signed by the party to be charged. THE provisions hereof shall inure to the benefit of and bind the siu~cessors and assigns of the respective parties hereto, and all covenants shall apple to and run with the land. IN WITNESS WHEREOF, GRANTORS have executed these presents this day of , 1999. AUSTIN M. KILBURN BARBARA J. KILBURN ..=. GENERAL ACIQVOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ss. On , 1999, before me, a Notary Public, personally appeared AUSTIN M. IQLBURN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature GENERAL ACIQVOWLEDGMENT STATE OF CALIFORNLA COUNTY OF ss. On , 1999, before me, a Notary Public, personally appeared BARBARA J. M. IQLBURN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t l~at he/she/they executed the same in his/her/their authorized capacity(ies), and that Icy his/her/their signature(s) on the instrument the person(s), or the entity upon bel~~ilf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J:\WPD\MNRSW\273\077\GRANTEAS.KIL 4 LEGAL DESCRIPTION (Kilburn) The southerly 17 feet of the real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL ONE: BEGINNING at an iron bolt 5/8 inch in diameter and two feet long driven in the Northerly line of the 29.05 acre tract described in the Deed from P.S. Langford and Sara M. Langford to Miranda Vessing; by Deed dated July 13, 1887 and recorded July 13, 1887 in Book 94 of Deeds, page 221 in the Office of the Recorder of said County said line being also the Southerly line of that certain 16.07 acre tract now or formerly of H. Clarence Langford said line also being the center line cif a roadway 34 feet wide, formerly used in common by said Vessing and Langford, and said point of beginning, also being the Southeasterly corner of that certain 5 acre tract of land conveyed by Janet D. Canuel, et al, to Gust Moustakes, et ux, by Deed dated July 21, 1943 and recorded July 26, 1943 in Book 1154 of Official Records, page 110, Santa Clara County Records; thence along said boundary line, said line being the Southerly line of said 5 acre tract and center line of said Road, North 89° 35' West 200.00 feet to an iron pipe; thence leaving said last named line and running parallel to the Easterly line of said 5 acre tract, North 2 ° 55' West 235.20 feet to an iron pipe; thence parallel to the center line of said Road, South 89° 35' East 2()0.00 feet to an iron pipe in the Easterly line of said 5 acre tract; thence along said l~lst named line, South 2 ° 55' East 235.20 feet to the point of beginning as shown upon that certain Record of Survey Map filed for record September 14, 1956 in Book 74 of Maps, at page 39 in the Office of th~~.Recorder of said County, said lands being situate in the Quito Rancho. APN 397-5-29 J:\WPD\MNRSW\273\077\KILBURN. LEG EXHIBIT A H~~ ~ Cp-T.K,v `'TEES S ; PAUL ~IU G~l'~-X~ LILY TRt1 ST Q~E DER. T~'iE H.UG .APN 397_Ob-054 E~IB,~,.l. "A Recording Requested By: CITY OF SARATOGA When Recorded Mail To: CITY OF SARATOGA cJo Larry Perlin, City Manager 13 7 7 7 Fruitvale Avenue Saratoga, CA 95070 No Documentary Transfer 7'ax Due By GRANT OF PERMANENT EASEMENT THE GRANTORS, PAUL HUG or LIMA HUG, Co-Trustees under The Hug Family Trust dated July 29, 1997, hereby grant to THE CITY OFk~ARATOGA, hereinafter referred to as GRANTEE, its successors and assigns, a permanent easement for public vehicular and pedestrian ingress and egress, including the right to construct and maintain road improvements and appurtenances, along that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO APN 397-06-054 GRANTORS reserve the right to use said easement for purposes whirr will not interfere with GRANTEE'S full enjoyment of the rights hereby grant~•cl; provided that GRANTORS shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on s~ticl easement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral rc presentations or modifications concerning this instrument shall be of no force and efl~~~ct excepting a subsequent modification in writing, signed by the party to be charged. The provisions hereof shall inure to the benefit of and bind the successors and assigns of thc: respective parties hereto, and all covenants shall apply to and run with the land. IN WITNESS WHEREOF, GRANTORS have executed these presents phis day of , 1999. PAUL HUG, Co-Trustee under The Hug Family Trust dated July 29, 1997 LIMA HUG, Co-Trustee under The Hug Family Trust dated July 29, 1997 GENERAL ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On , 1999, before me, , a Notary Public, personally appeared PAUL HUG, personally known to me (car Droved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hc~/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir .: signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 3 GENERAL ACKNOWLEDGMENT STATE OF CALIFORNIA. ) } ss. COUNTY OF ) On , 1999, before me, , a Notary Public, personally appeared LIMA HUG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capac~,?~y(ies), and that by his/her/their signature(s) on the instrument the persons}, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J:\WPD\MNRSW\273\077\GRANTEAS_NUG 4 LEGAL DESCRIPTION (Hug) The northerly 17 feet of the real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: PARCEL ONE: All of Parcel "B", as shown on that certain Map entitled, "Record of Survey of portion of Section 8, Township 8 South, Range 1 West, M.D.B. ~ M; in the City of Saratoga, California for Robert C. Jones," which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on March 30, 1964, in Book 17b of Maps pages} 7. APN 397-Ob-054 J:\UPD\MNRS41\273\077\HUG.IEG E~CHIBIT A .,,. ~~,~~,~ ii: co anti-3 /5-3779 I.ES HINZ PAGE 01 ~A~(D~) 379.377 Ault 2~5, -19'9 BY ~A~ ~~4+Q~) ~~-~28(~ CHer~ c~f~fie..~:i~ of $au~ato,~ 13'77' i ~naie ,~~~. 8arataga, C~tkifo+ta; 95417v ~: 3~1'i~ia~ o~ Intent~c»a to Adopt ~.esole~a,on ot: I~e~essnty l'lear~ be adrti~d'~at ~ aam the c~wa~er of ~Yd~ #374x03-0B8 (145 1 C~uitcs Ito~d; ;5~ata~~ ~.t~), wbi~h ,~S vac c~k'tbra, pi~ap~rt6es suhect tv thds resvla~tion. Y ann repu~se.:b~' ~wosel, .Mfr, P~a1 Pefla~si, acrd tb~s is ~ ~ ~rau the oi-~~~;dlar bcsth of ens inter,~d t®pist~i~resc~ihxcion ba~o~ the Citg- Couwcit at tt~ mating that a~~~s this ssx. Siz~rel~, P ~'~ ~~ t GC: ~~ PAY, ~~. ~; August 29, 1999 To the Clerk of the City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 ~G • ~6-tic-u-f ~. i p ~'~l''~ l~e~ ~ ,~ ~s ~J e,,~ c~~~r `` it %, `~ LJ -..~y b tit., • . ~s . ,~ r,,~~ j~ Subject: Request to appear in regards "Adopt resolution of necessity" (Vessing Rd.) at the City council meeting on September 1, 1999 I herewith give you notice that I would like to appear before the City Council at the City of Saratoga on September 1, 1999 regarding the subject matter mentioned above. Specifically in relation to paragraph (b) Weather said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. And (d) Weather the offer required by Government code Section 7267.2 has been made to the owners of record. Sincerely, Q ~---- ~~^'si! Paul and Livia Hug