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HomeMy WebLinkAboutCity Council Resolution 736 RESOLUTION NO. 736 A RESOLUTION DETERMINING THAT TEE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LANDS AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS -- REID LANE/HIGHWAY 85 WHEREAS, it is the intention of this City Council to cause the installation of traffic control signals at the inter- section of Reid Lane and SaratoEa/Sunnyvale Road (State Highway 85), and in conjunction therewith to construct a public street and cul-de-sac on the east side of said Saratoga-Sunnyvale Road, opposite Reid lane, as more particularly shown and delineated on Exhibit "B" attached hereto, NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: Section 1: The public interest and necessity require the acqui"S"i't"~h, construction and completion by the City of b Saratoga of a pu ltc improvement, namely, a short street and cul-de-sac contiguous to Saratoga-Sunnyvale Road and opposite the intersection with Reid Lane, and the public interest and necessity require the acquisition of the heroinafter described real property or interests in real property for the construction of the above-described public improvement, and said property, and an easement and right of way in said property, is necessary therefor. Said public improvement is planned and located in the manmet which will be most compatible with the greatest public good and the least private injury. Section 2: Pursuant to Article 1, Section 19 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 em owered to take all necessary steps to acquire a fee simple tit~e to, and an easement and right of way over, and under and alonE the heroinafter described real ropetry, or interests in real property, by condemation, for t~e purpose of the above-described public improvement, and to obtain immediate possession of the same upon the commence- ment 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 proceed- ing 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 ~he 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 tnFnediate possession and use of all of said real property, or interests in real property, or any one or more parcels thereof, -1- and to cause to be deposited such security out of proper funds under the control of this City, in such amounts so fixed and determine:d and in such manner, as said court in which said condenmat~on ngs are pending may direct, for one, more, or all and to take such other proceed to and conclude the condemnation of said real property in accord herewith for the above-described public improvement. Section 3: The real property, or interest in real property",' which the City of' Saratoga is by this resolution authorized to acquire for said public improvement, is more particularly described as an easement for public street purposes over and upon that certain real property located in the City of Saratoga, County of Santa Clara, State of California, as more particularly described on Exhibit attached hereto and herein by reference. The location of said ~rcel real property is as delineated in red ~n Exhibit "B" attached h~reto. 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 18~h day of June, 1975, by the following vote: AYES: Councilmen Brigham, Kraus, Corr, Matteoni NOES: None ABSENT: Councilman Bridges .... .,. -2- EXHIBIT " BEGINNING at the Northeasterly corner of Parcel "F" on that certain map entitled, "Record of Survey, Saratoga-Sunnyvale Road (Highway 9)", and filed for record May 20, 1964 in Book 178 of Maps at Page 55, Santa Clara County Records: said point of beginning also lying on the Easterly right-of-way line o~ said Saratoga-Sunnyvale Road, being 70 feet, measured perpendicular from the original centerline of said Saratoga-Sunnyvale Road; thence leaving said easterly line of Saratogs-Sunnyvale Road and running South 86° 43' 45" East 91.79 feet to the radius point of a curve, lying concave to the Northwest and having a radius of 42 feet; thence.running along the radius, of said curve South 86° 43' 45" East 42 feet to a point on said curve, concave to the Northwest: thence running along said curve, to the right, through a central angle of 126° 14' 58", for an arc length of 92.54 feet to the tangent point of reversed curvature, of a curve to the left, being concave to the Southwest and having a radius of 20 feet; thence running along said curve to the left through a central angle of 36° 14' 58" for an arc length of 12.65 feet to a point of tangency; thence North 86° 43' 45" West 32.00 feet to the point of tangency with a curve to the left and being concave to th~ Southeast, and having a radius of 20 feet: thence running along said curve to the left through a central angle 93° 18' 25" for an arc length 32.57 feet to point on the previously described Easterly right-of-way of Saratoga-Sunnyvale Road; thence running o along said Easterly right-of-way line North 0° 02' i0" West 30.21 feet; thence continuing along said easterly right-of-way North 0° 36' 00" West 21.05 feet to the Point of Beginning. Containing 0.102 Acre, more or less. EXHIBIT , "B"