HomeMy WebLinkAboutCity Council Resolution 498 RESOLUTION NO. 498
RESOLUTION AUTHORIZING EMINENT
DOMAIN PROCEEDINGS
WHERAS, the City of Saratoga plans the revision and
improvement of Quito Road and Maud Avenue, public streets in said
City, at their intersection thereof, and it is necessary for said
public improvement that an easement over the hereinafter described
real property be obtained therefor,
NOW, City Council of the City of Saratoga
does hereby resolve as follows:
Section 1: The statements in the preamble hereof are
Mezaby adopted as findings of this Council.
It is further found ahd determined that the public interest and
necessity require the' acquisition of the hereinafter described
interest in real property 'for the construction of the above-
described public improvement, and such property is necessary
therefor. The proposed acquisition and improvement is planned
and located in the manner which will be most compatible with the
greatest ublic good and the least private injury, and all of
said acquisition is situated within the City of Saratoga, County
of Santa Clara, State of California.
Section 2: The public interest and necessity require
the acquisition, construction, and completion
of the Qutto Road-Maud Avenue intersection and appurtenances and
work auxiliary thereto, and the .acquisition of a right-of-way and
easement in, over, across and up, o,n, the parcels of land more par-
ticularly described in Exhibit A' attached hereto and incorporated
herein by reference, and the City of Saratoga is hereby authorized
and empowered to take all necessary steps to acquire said ease-
ment for public street purposes in and over said real property,
by eminent domain, and to obtain immediate possession of the
same upon the commencement of ,gaid proceedings, and the City
Attorney of the City of Saratoga is hereby authorized and directed
to commence said proceedings in the proper court having jurisdic-
tion thereof, and to take all necessary steps to proceed to and
conclude the condemnation of said property in accord herewith.
The above and foregoing resolution was duly and regularly
introduced and passed by the City Council of the City of Saratoga
at a regular meeting held on the 17th day Of SeDtember 1969
by the following vote:
AYES: Councilmen T/ler, Dx~yer, Sanders ,
NOES: ~Ione
ABSENT: Councilman Rob}~ins
ATTEST: ,.
EXHIBIT "A"
PARCEL A
POINT OF BEGINNING being South 89°54'25'' West 21.13' and North
18°43'E 21.13' from the point of intersection of the ¢ of Qui'to
Road with the ~ of Maude Ave. as shown on that certain Record
of Survey map filed for record on September 30, 1963 in Book
167 of Maps at Page 26, Santa Clara County Records, State of
California.
THENCE, leaving said Right-of-way line of Quito Road South 45°
10'56" West 103.38' to a point on the northerly right-of-way
1 ine of Maude Ave;
THENCE North 89°54'25'' East along said Northerly right-of-way
line to the POINT OF BEGINNING, containong 0.034 Ac. more or
less.
PARCEL B
POINT OF BEGINNING being South 89~54'25" West 21.13' from the
point of intersection of the ~ of Quito Road with the ¢ of Maude
Ave. as shown on that certain Record of Survey Map field for
record on September 30, 1963, in Book 167 of Maps at Page 26,
Santa Clara County Records, State of California,
THENCE North 18~43' East 21.13
THENCE South 89~ 54 ' 25" West 48.67
THENCE South 0° 05 ' 35" East 20.00'
THENCE North 89° 54 ' 25" East 41.86 ' to the POINT OF
BEGINNING, containing 0,021 Ac. more or less.
RESOLUTION NO. 498
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS.
QUITO MAUD INTERSECTION
RESOLVED, by the City Council of the City of Saratoga, Santa Clara County,
California, that,
WHEREAS, it is the intention of this City Council to revise the intersection
at Quito Road and Maud Avenue in and on the land hereinafter described,
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows:
1. That the public interest and necessity require the acquisition,
construction and completion of the Quito Maud intersection and appurtenances
and work auxiliary thereto, in, over, across and upon the parcels of land more
particularly described in Exhibit "A", attached hereto and by this reference
made a part hereof, within said City of Saratoga, and the taking of the fee
simple title for street and rock purposes and appurtenances in and to sa~d
parcels of land is necessary for said improvements.
2. That said proposed acquisitions and improvements are planned and
located in the manner which will be most compatible with the greatest public
good and the least private injury, and all of said acquisition is situated
within the City of Saratoga, County of Santa Clara, State of California.
3. That Mr. Faber Johnston, Jr., City Attorney of said City, who is
attorney for said City of Saratoga, be, and he is hereby directed to institute
and conduct to conclusion an action in eminent domain for the acquisition of
the estates and interests aforesaid in and to the parcels of land aforesaid,
and to take such action as is necessary therein, and said Attorney shall be paid
a reasonable fee.
The above and foregoing resolution was duly and regularly introduced and
passed by the City Council of the City of Saratoga at a regular meeting held
on the 2nd day of August, 1967 by the following vote:
AYES Councilmen Dwyer, Sanders, Smith, Tyler
NOES None
ABSENT Robbins
MAYOR
ATTEST .,,,-Ei
~~ tb City of Serbia plmms the revision ~d
improvement of Quits. Read and ~ A~, publle streets fo said
at their ~Cers.ectt~ ~d i.t ~s necessary for
t~t ~ eas~at over the hereinafter described
real p'ro~rty be obliged t~re~r,
~, '~;~~,~ ~ City Co~eil of the City of
dees ~reby resolve as
Se~.~ 1: ~e statmnt.s in ~.he pre~e her~f are
...... as ~indings of this C.o~ctt.
It ts further ~o~:d ~d that the ~51i~ intoeat ~d
necessity require t~ :g.~ufsiti~ of' the he":eina~er descrtSed
interest tn real ~o'r the .~nst~ueti~ of the ~ove-
de. st r ibed ~ope'rty f s
t~refor, ~e is ~
~d l~ated in ~e~ vhieh vi~l be ~st compatible v'ith ~he
Sreatest md the least private i~ , ~d all of
said ~q siteted wl't~ t~ City ~ato~a,
e:~ Santa C.~ara, Sta:te of Cali~om~.
2~t~2.c:T~ public lnteres~ ~d n~essi..ty requi~
~ aeq~isit.'i~, e~st'mctl~, ~.d c~plet~
o~ the Qui~o ~ad~ A'~ue inte~secti~ and ap'purt~ces
~rk a~iliary thefete, ~..d the ~quisition of a ri.ght-of~ay ~d
easiest the pamela of l~d ~re par-
ticularP attached hereto and incorporated
herein b the Cit~ of Saratoga is hereby ~t~rized
~d steps to acquire said ease-
m~t S~'~lt o~r said real property,
by ~i~en~ ~:im, md ~dia:te ~s. sesston of
s.m u~ t~ e~~t o.~ ~:~d md the tit'
A~to~ey' o~ the City ;O~ and
Co c~c,e .said ~e proper court hayinS Jurisdic-
ti,en ~reef, to. ~:a~: necessary steps to proceed to and
cellos t.he e~mel~ of s.a~ pm~rty ~n accord
T~ ~ove .~ ~oraSo~ re. solut~n was duly and
lntrod~ed ~d ~ss,ed by the City C~il o~ the City of Saratoga
at a regul~ ~a:t~g held on t~ 17th day of ~eptembe~ 1969,
A~ST~
/tt
EXHIBIT "A"
PARCEL A
POINT OF BEGINNING being South 89°54'25'' West 21.13' and North
18°43'E 21.13' from the point of intersection of the ~ of Quito
Road with the ~ of Maude Ave. as shown on that certain Record
of Survey map filed. for record on September 30, 1963 in Book
167 of Maps at Page 26, Santa Clara County Records, State of
California.
THENCE, leaving said Right-of-way line of Quito Road South 45°
10'56" West 103.38' to a point on the northerly right-of-way
line of Maude Ave;
THENCE ~orth 89~54'25" East along said Northerly right-of-way
line to the POINT OF BEGINNING, containong 0.034 Ac. more or
less.
PAECEL B
POINT OF BEGINNING being South 89~54'25'' West 21.13' from the
point of intersection of the ~ of Quito Road with the ~ of Maude
Ave. as shown on that certain Record of Survey Map field for
record on September 30, 1963, in Book 167 of Maps at Page 26,
Santa Clara County Records, State of California,
THENCE North 18e43' East 21.13
THENCE South 89~54'25'' West 48.67
THENCE South 0~05'35'' East 20.00'
THENCE North 89°54'25'' East 41.86' to the POINT OF
BEGINNING, containing 0.021Ac. more or less.
RssotuTzo 9 8.
RESOLUTION ~ItlZING EHIIiENT
~1~ PROClOSINGS
~RAS, the City of Saratoga plans the revision and
improvement of Quito Eoad and ~d Avenue, public streets in said
City, at their intersection and it is necessary for said
that an easement over the heretnafter described
real property be obtained
BOW, THE~EOP, E~,~.!~he City Council of the City of Saratoga
does hereby resolve as follows:
The statements in the preamble hereof are
.hereby ado]~ted as findings of this Connot. 1,
It is further found a~d that the interest and
the ae;qutsitten of the hereina£ter described
i~r the construction of the above-
described public necessar
therefor. The i s
and located in ~e manner which will be most compatible wl..th the
greatest ~ublic and the least private injury, and all of
said acq situated within the City o£ Saratoga,
of Santa Clara, State of California.
Se~.ti;~ :2| The interest and necessity require
the acquisition, and
o~ the Quito Road-Maud Avenue intersection and appurtenances and
work auxiliary thereto, .and the .acquisition of a right-of-way and
easement in, over, across and the of land more par-
ticularly described in Exhibit attached hereto and
by emin:ont stud .ix% ~:~nediate possession of the
same upon the cemme:~~t of ~.a~d , and the City
Attorney of the City of Saratoga authorized and direct. ed
to commence said proceedings in the proper court:: havin~ jurisdic.-
tion t~reo~, ~d ~ t~ all necessary' steps to 'proceed to and
occlude the c~dmtion o~ said property in accord her~ith,
TM abo~ ~,d foreSoin~ resolution was duly ~d re~lsrl. y
introduced ~d p. assed by the City Council of the City of
at a regular meetin~ held on ~ lkh day of ~e~e~:>a~ 1969
A~S: cc, uncilmen Tyler, ])~wer, Sandarn, gmith" ...... "
~MS: None '
~.SE~: C ounci ]man Robl3 tns ( ::" ~;:::::: ...........
A~ST:
/, ...
EXHIBIT "A"
PARCEL A
¶
POINT OF BEGINNING 'being South 89°54'25'' West 21.13' and North
18°43'E 21.13' from the point of intersection of the ~ of Quito
Road with the ~ of Maude Ave. as shown onthat certain Record
of Survey map filed for record on September 30, 1963 in Book
167 of Maps at Page 26, Santa Clara County Records, State of
California.
'THENCE, leaving said Right-of-way line of Quito Road South 45°
10'56" West 103.38' to a point on the northerly right-of-way
line of Maude Ave;
THENCE North 89°54'25'' East along said Northerly right-of-way
line to the POINT OF BEGINNING, containong 0.034 Ac. more or
less.
PAR CE L B
POINT OF BEGINNING being sough 89°54'25'' west 21.13' from the
point of intersection of the ~ of Quito Road with the ~ of Maude
Ave. as shown on that certain Record of Survey Map field for
record on September 30, 1963, in Book 167 of Maps at Page 26,
Santa Clara County Records, State of California,
THENCE North 18~43' East 21.13
THENCE South 89e54'25" West 48.67
THENCE South 0e05'35'' East 20.00"
THENCE North 89~54'25'' East 41.86" to the POINT OF
BEGINNING, containing 0.021 Ac. more or less.
the City of Sara{,o~a plans the
of Qui. to Koad ;~d ~d Avenue, public s~.~reet.~ in said
City, at their in~ers~tt~ ~d tt is ~ec{+~s~.~'y fo~ said
tmpro~nt t~t ~ eas~nt over th~ heretnafte:r de~cri. bed
r{,l property be ob~.slned ~her{{~r ~
does hereby r'~solve ~ foll~s: ,.~
$~C:C!O~,.,i!:: ~e sts'~tS in the premn~jl..e her'e,of are
.............. ~b' a.s ~.i'ndin~,.;s o'f~ thi...fi Council.
It is further '[ound .~ Chat ~ pcblic inte'~'es't: .~d
neces:sity ~qutre ~ ~uisiti~ of t'he he'~'*einsfte= described
inte~st in re.a1 ~or the .e.~struccton of the ~-.
described pub'lie is
therefor. The ~'pro'~en'c
a~d l~ated in ~er whi..ch wil. 1 be ~.i: co~:p.at i.b l.e ~i..~h ~he
greatest p.ubl. ic ~d and ~he: 1..ea.$~
asia acquisit$o~ is Situated 'vit.hi.~n tha Ci..~y o~ Sarato~;a,
~ 8~ta clara, 8~ate o~ cali~omt..a.
the acqui. sition, con ,tr'u,c
of the q'ui.~o. '~a~d A:venu. inte~':a.c~ion.
~rk auxil i..s'ry thereto, and ~he acqui ~ttion o:.f' a. ri.g;~t-~>f-~sy and
merit for pub.'.l.i.c st:feet pu.rpo s.e s i.:u a:!d o 'vet
by rainant ~in., ~.d t.o .ob't.sin ~diate l~.ssession of: the
s~ ~n the ~~.~nt of s.$'d pr,oeeedings. and the Oit'
Attoney of the ,Cit':y' of Sarat. o~ t,t~ hereby au't. ho~i, zed
I 1
to c~nc.e .'..~.i(' .p~t ~ngs. In Ch~~ pt'o, per .c:o'~jF,~ 'hlvi.~.g ju.'ri..sdt..c-
~lde the o~e{tion of said 'p~ope'rty i.n .aca.~,rd her~'i. th.
The ~.ov8 .~d fo~,a~oing res.o'tu'~ion ~a:$ ,:itf"{...5~/' .aru;.d
introduced ~d pa:s:sed by 'the City C.o~c'i. 1 of
at a re~'lar '.~'hg '~:ld on t~ ~-Z~=L:,.~ day of
by the fo11~ing
A~S; Councilmen Tyler. ~.~er, Sanders~ ~mith
~ES: None /'( ': """::
EXHIBIT "A"
PARCEL A
POINT OF BEGINNING being South 89°54'25'' West 21.13' and North
18°43'E 21.13' from the point of intersection of the ~ of Quito
Road with the ~ of Maude Ave. as shown on that certain Record
of Survey map filed for record on September 30, 1963 in Book
167 of Maps at Page 26, Santa Clara County Records, State of
California.
THENCE, leaving said Right-of-way line of Quito Road South 45~
10'56" West 103.38' to a point on the northerly right-of-way
line of Maude Ave;
THENCE North 89~54'25" East along said Northerly right-of-way
line to the POINT OF BEGINNING, containong 0.034 Ac. more or
less.
PAR CE L B
POINT OF BEGINNING being South 89~54'25'' West 21.13' from the
point of intersection of the ~ of Quito Road with the ~ of Maude
Ave. as shown on that certain Record of Survey Map field for
record on September 30, 1963, in Book 167 of Maps at Page 26,
Santa Clara County Records, State of California,
THENCE North 18°43 ' East 21.13
THENCE South 89° 54 ' 25" West 48.67
THENCE South 0~05'35'' East 20.00"
THENCE North 89~54'25'' East 41.86' to the POINT OF
BEGINNING, containing 0,021 Ac. more or less.
E X H I Zr' z T '~ "
,.t C,,~ ,~ £ ,' I "-- Z O '
4t~3 °54 'ZS"~ 4~. ~7'- ~
~ iI1~'" /
't ~'1.13'
,,, _ ,..
~' /I/Cf.9°.5'4 '.Z,5"~''
/