HomeMy WebLinkAboutCity Council Resolution 304 f SOLSTXON ....
RESOLUTION AUTHORIZING EMIt~ENT DO~.'L~IN PROCEEDINGS
WHEREAS the City of Saratoga deems it necessary to
acquire a sewer easement for the purpose of disposal.
of sewage, and a storm drain easement for the purpose of
installation of pipes and conduits for drainage, to service
certain real property located within th~a city tin~its of
the City of S~ratoga, and it is necessary for' said public
improvements that an easement in and to the hereinafter
described real. property as more particularly set forth
E~chibit ""A~ attached hereto and incorporated herein. b.v
reference, be acquired by the City of Saratoga for rights
of way in order to cause the said improvements,
NOlo, TtEREFORE, THE CITY COUNCIL 017'
does hereby resolve as follo~s:
Section 1: The statements in the prea~nble h. erao£
.are hereby adopted as findings of this
Council. In addition, it is hereby found and.
determined that the 'public interest and necessity
require the of the hereinafter described
easements in real pro' erty for the construction of
the above-described'p~lic improvements, and. such
property is necessary therefor; said public improvf~-
ments are planned and located in the manner ~bich
will be most compatible with the greatest public good
and the least private injury.
Sa.t:tion 2: Pursuant to Article 1, S.action 14,of the
California State Constit~.~tion anc~ Title VII,
Part 3, of the Code of Civil Procedl.~ra of said
the City of Saratoga is hereby authorized and
to take all necessary steps to acquire the easef::~ents
in real ~ ~p r~ eminent domain, and to obtain
Exhibit o y
i'~ediate possession of the same upon the co~nence-
ment of said proceedings, and the City Attorney of
this City is hereby authorized and dire~'~tad to
said proceedings in the proper court having jurisdic-
tion thereof and to take all necessary steps to
proceed to and to conclude the conde'mnation of said
property in accord herewith.
Section 3: A description of said real property,
and of the property interests sought
to be acquired therein, and a map showing the
location, general route and termini of said rights
of way and easements are more 'p,%r~taicularly set
forth and described gn Exhibit ttached hereto
and incorporat.ed herein by reference.
Section 4: Upon direction of the City Attorney,
the City Treasurer shall draw warrants
payable to the Clerk of the Superior Court of the
State of California in and for the County of Santa
Clara, as and for deposits for the irmnediate
'possession of either or both of said parcels of
real property in accord with Article 1, Section 14,
of the Constitution of the State of California,
in such amounts as are requested by the City Attorney,
save and except that in no case shall any of said
amounts, per easement, exceed the appraisal as to
the parcel in question as has theretofore been made
by the City's appraiser.
The above and foregoing resolution was duly and
regularly passed and adopted the ~0~tb day of October ,
1965, by the following vote:
AYES: Councilmen Glennon, Drake, Hartman, Tyler, Burry
N()E S '. non e
ABSENT: none
CITY C~ ~' /
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DESCRIPTION OF SANITARY SEWER
EASEMENTS AND STORN DRAIN EASEMENT
TO BE ACQUIRED BY ~.....CITY OF .....SARATOGA
An easement for sanitary sewer purposes over the
following described strips of land situate in the City of
Saratoga, County of Santa Clara, State of California,
described as follows:
PARCEL NO. 1:
A strip of land, 10 feet in width, the
center line of which is described as follows:
Beginning at a point in the northerly
line of that certain parcel of land described
in deed to Isabella Arthur Russell, et al,
recorded in Book 3865, page 360, Official
Records of Santa Clara County, distant there-
on South 89° 54' 30" East 90.00 feet from
the northwesterly corner of said parcel of
land; thence, parallel with the westerly line
of said parcel of land so conveyed to
Russell, South 475.00 feet; thence West 90.00
feet to said westerly line of said parcel of
land so conveyed to Russell.
PARCEL NO. 2:
A strip of land, 7.50 feet in width, the
center line of which is described as follows:
Beginning at a point in the southerly
line of that certain parcel of land described
in deed to Isabella Arthur Russell, et al,
recorded in Book 3865, page 360, Official
Records of Santa Clara County, distant there-
on South 89° 24' East 3.75 feet from the
southwesterly corner of said parcel of land;
thence, parallel with the westerly line of
said parcel of land so conveyed to Russell,
North 352.25 feet, more or less, to the
southerly line of the hereinbefore described
Parcel No. 1.
An easement for storm drain purposes over the
following described strip of land situate in the City of
Saratoga, County of Santa Clara, State of California,
described as follows:
A strip of land, 7.50 feet in width, the
center line of which is described as follows:
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EXHIBIT
Beginning at a point in the southerly
line of that certain parcel of land described
in deed to Isabella Arthur Russell, et al,
recorded in Book 3865, page 360, Official
Reeords of Santa Clara County, distant there-
on South 89° 24' East 11.25 feet from the
southwesterly corner of said parcel of land;
thence, parallel with the westerly line of
said parcel ofland so conveyed to Russell,
North 352.25 feet, more or less, to the
southerly line of the hereinabove described
Parcel No. I.
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