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HomeMy WebLinkAboutCity Council Resolution 580 RESOLUTION NO. 580 A RESOLUTION D~TERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PI~OCEEDINGS --- PROSPECT ROAD RESOLVED, by the City Council of the City of Saratoga, Santa Clara County, California, tha~, WHEREAS, it is the intention of this City Council to construct and maintain street improvements for Prospect Road in and on the land here- inafter described, NO~, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows: Section 1: The public interest and necessity require the acquisition, construction and completion by the City of Saratoga of a public improvement, namely, the widening of certain portions of Prospect Road, and the public interest and necessity require the acquisition of the heroinafter described real property for the construction of the above- described public improvement, and such property, and a fee simple in said property, is necessary therefor, Said public improvement is planned and located in the manor which will be most compatible with the greatest public good and the least private injury. Section 2| Pursuant to Article 1, Section 14 of the California State Constitution and Title VII, Part 3 of the Code of Civil Procedure of said State, the City of Saratoga is hereby authorized and empowered to take all necessary steps to acquire a fee simple title to, and an easement and right of way over, and under and along the heroin- after described real property, or interests in real property, by condemna- tion, for the purpose of the above-described public improvement, and to obtain immediate possession of the same upon the commencement of said proceedings, and in furtherance thereof, the City Attorney of this City is hereby authorized to prepare and prosecute, in the name of the City of Saratoga, such proceeding or proceedings in the proper court having Jurisdiction thereof as are necessary for such acquisition~ and to make application to said court for an order fixing the amount of such security in the way of money deposits as said court may direct, for one or more of the parcels of said.real property, and to apply for and secure an order permitting this city to take immediate possession and use of all of said real property, or interests in real property, or any one or more parcels thereof, and to cause to be deposited such security out of proper funds under the control of this city, in such amounts so fixed and determined, and in such manner, as sa~d court in which said condemnation proceedings are pending may direct, for one, more, or all of the parcels of said real property, and to take such other and further steps as are necessary to pro- ceed to and conclude the condemnation of said real property in accord here- w~th for the above described public improvement. Section 3| The real property, or interests in real property, which the City of Saratoga is by}his resolution authorized to acquire for said public improvement, is more particularly described on "Exhibit A' collectively attached hereto and incorporated herein by re- ference, The above and foregoiug resolution was duly and regularly introduced and passedby theCity'Couucil of the City of Saratoga at a regular meeting held on the 16th day of Juue 1971, by the following vote: AYES: Councilmen Robbins, Smith, Dwyer, Sanders, Bridges NOES: None ABSENT: None O~J ~ t~A~ZOR ATTEST: .," CLERK EXHIBIT A- 1 PARCEL NO. I BEGINNING at the point of intersection of the centerline of Prospect Road with the centerline of Woodside Drive as shown on that certain tract map entitled "Tract No. 1727 Mellowood" recorded on May 29, 1956, in Book 68 of Maps at Page 42, in the office of the Recorder of Santa Clara County, State of California. Thence North 85° 53' 40"' West 26.78ft. along the centerline of Prospect Road; Thence continuing along the cen- terline of Prospect Road North 86° 3t' 20" West 163.23 ft. to the TRUE POINT OF BEGINNING. Thence continuing along said Prospect Road centerline North 86~ 31' 20" West 83.00ft. from the above described TRUE POINT OF BEGINNING; Thence leaving said Prospect Road centerline and running South 2° 59' West 60.00ft. Thence running South 86~ 31' 20" East 83.00ft, and parallel to Prospect Road centerline; Thence North 2° 59' East 60.00ft, to the the True Point of Beginning. Containing 0.114 Acre, more or less. ~XHZBIT A-2 PARCEL NO. 2 BEGINNING at the point of intersection of the centerline of Prospect Road with the centerline of Woodside Drive as shown on that certain tract map entitled "Tract No. 1727 Mellowood" recorded on May 29, 1956, in Book 68 of Maps at Page 42, in the office of the Recorder of Santa Clara'County, State of California. Thence North 85c 53' 40" West 26.78ft along the centerline of Prospect Road; Thence continuing along the centerline of Pros- pect Road North 86c 31' 20" West 246,23ft. to the TRUE POINT OF BEGINNING. Thence continuing along said Prospect Road centerline North 86~ 31' 20" West 53.00ft; Thence leaving said Prospect Road centerline and running South 2~ 59' West 60.00ft.; Thence running South 86~ 31' 20" East 53.00ft., and parallel to Prospect Road centerline; Thence North 2~ 59' East 60.00ft. to the True Point Of Beginning. Containg 0.073 Acre, more or less.