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HomeMy WebLinkAboutCity Council Resolution 778 RESOLUTION NO. 778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN lANDS AND INTERESTS IN LANDS AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS -- QUITO ROAD/POLlARD ROAD The City Council of the City of Saratoga hereby resolves finds, determines and orders as foltows: Section 1: The public interest and necessity require the acqUisit"ion, construction and completion by the City of Saratoga of a public improvement, namely, the widening of certain portions of Quito Road and Pollard Road and providing for pedestrian walkways contiguous to portions of such streets, and the public interest and necessity require the acquisition of the hereinafter 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 and over said property, is necessary therefor. Said public improvement and the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury, and the property. hereinafter described is necessary for said pro- posed project. Section 2: Pursuant to Article 1, Section 19 of the Califor~:ia 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 title to, and an interest and right of way in, over, under and along the hereinafter described real property, or interests in real property, by condemnation, for the purpose of the above-described public improvements, and to obtain immediate possession of the same upon the commence- ment of said proceedings. In furtherance thereof, the City Attorney of this City is hereby authorized to prepare and prosecute, in the name of this City, such proceeding or pro- ceedings 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 of the parcels thereof, and to cause to be deposited such security out of proper funds under the control of this City, in such amounts fixed and determined, and in .such manner, as said ~ 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 proceed to and conclude the condemnation of said real property in accord herewith for the above-described public improvements, and to coordinate said condemnation proceedings with any -1- similar proceedings b the Town of Los Gatos and/or Distrtc in relation to the over-all project of the recon- structibn of the Pollard Road Bridge and San Tomas Creek crossing which project is contiguous to the within street widenin~ and pedestrian walkway project, and which project too may. require condemnation proceedings to obtain necessary rights of way and easements. Section 3: The real property and interests in real property Which the City of Saratoga is by this resolution authorized to acquire for said public improvements and project, is and are as follows: ](a) A right of way and easement for pedestrian walkway F, urposes over that certain strip of land described on Exhibit 'A" attached hereto and incorporated herein by reference. (Quito Road) (b) A right of way and easement for pedestrian walkway purposes over that certain strip of land more particularly described on Exhibit "B" attached hereto and incorporated heroin by reference. (Quito Road) (c) A right of way and easement for public street urposes over that certain strip of land described on Exhibit P'C" attached hereto and incorporated herein by reference. (Quito Road) (c.1) A temporary easement for construction purposes only more particularly described on Exhibit "C-i", for a period 'f not to exceed eight (8) months from the date City oes into possession of the street easement described in ~c) above. d) A right of way and easement for public street purposes over that certain strip of land more particularly described on Exhibit "D" attached hereto and incorporated heroin by reference. {d.1) A temporary easement for construction purposes only more particularly described on Exhibit "D-I", for a period Of not to exceed eight (8) months from the date City into possession of the street easement described in (e) A right of way and easement for public street purposes over that cert,a, in strip of land more particularly The location of each of said parcels of real property is shown and delineated on the map attached hereto marked Exhibit : "F" and incorporated here in by reference. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the -2- City of Saratoga at an adjourned regular meeting thereof held on the 29th day of June, 1976 by the following vote: AYES: Councilmen Bridges, Kraus, Brigham, Corr, and Matteoni NOES: None ABSENT: None MAYOR -3- DESCRIPTION OF AN EASEM r FOR PURPOSES OF WAL~CWAY ON TNE LANDS OF SCOBEL All that certain real property situate in the City of Saratoga,, County of Santa Clara, State of California., described as follows: Being a portion of the lands described in the deed recorded in Book 7590 of Official Records at Page 243 in the Office of the Recorder, County of Santa Clara, State of California, to wit: Beginning at the intersection of the centerlines of Quito Road and Marshall Lane as shown on the Map of Tract 549, said Map recorded in Book 20 of Maps at Page 20, Santa Clara County Records; thence along the center- line of said Quito Road N 05° 20' 00" W, 283.16 feet to a point where the southerly line of said lands intersects the centerline of said Quito Road; thence leaving said centerline, along the southerly line of said lands, N 89° 28' 00" W, 20.11 feet. to the True Point of Beginning; thence along the same southerly line of said lands N 89~ 28' 00" W, 10.05 feet; thence along a line parallel to and thirty feet westerly of thecenterline of Quito Road, N 05~ 20' 00" W 175.34', to a point on the northerly line of said lands; thence along the northerly line of said lands S89° 28' 00" E, 10.05 feet to a point 20 feet west of the centerline of Quito Road; thence along a line parallel to and 20 feet westerly of the centerline of Quito Road, S 05° 20' 00" E, 175.34 to the True Point of Beginning. Containing 1753 square feet or 0.040 Acres of land, more or less. DCW/5-4-76 EXHIBIT "A" DESCRIPTION OF AN lEAS .ZNT FOR PURPOSES OF A WALKWAY ON THE lANDS OF SANTORO -. All that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of the lands' described in the deed recorded in Book 2846 of Official Records at Page 622 in the Office of the Recorder, County of Santa Clara,. State of California, to wit: Beginning at the intersection of the centerlines of Quito Road and Quito Oaks Way as shown on the Map of Tract 2803, said map recor'ded in Book 126 of Maps at Page 49, Santa Clara County Records; thence along the centerline of said Quito Road S 05° 21' 00" E, 196.13 feet to a point where the northerly line of said lands intersects the centerline of said Quito Road; thence along that northerly line of said lands N 84° 01' 15" E, 20.00 feet to the True Point of Beginning; thence along that northerly line of said lands N 84~ 01' 15" E, 10.00 feet; thence along a line parallel to and thirty feet easterly of the centerline of aforementioned Quito Road, S 05° 21' 00" E, 420.84 feet; thence S 46° 53' 09" E, 74.01 feet to a point on the southerly line of said lands; thence along that southerly line of said lands N 89° 21' 30" W 59.40 feet to a point 20 feet east of the centerline of said Quito Road; thence along a line parallel to- and 20 feet easterly of the centerline'of said'Quito Road N 05° 21' O0"~W, 469.93 feet to the True Point of Beginning. Containing 5938 square feet or 0.136 Acres of land, more or less. DCW/5-4-76 EXHIBIT "B" PARCEl DESCRIPTION OF A PARCEL OF REAL PROPERTY TO BE ACQUIRED BY THE CITY OF SARATOGA FROM ISABELLE M. BELLICITTI FOR USE AS A PUBLIC RIGHT-OF-WAY All that certain real property situate in the City of Saratoga, .County of Santa Clara, State of California, described as follows: Being a portion of the 1.019 acre parcel of land shown as Parcel One on the Map of Tract No. 549, Rinconada Acres, said map being on file in Book 20 of Maps at Page 20 as recorded September 8, 1948 in the Official Records of the County of Santa Clara, State of California and more particularly described as follows: Beginning at the point of intersection of the centerline of Quito Road with the centerline of Marshall Lane as shown on the aforementioned Map of Tract No. 549: thence along the centerline of Quito Road S 5° 21' 00" E, 167.08 feet to the point of intersection of said centerline of Quito Road with the prolongation of the Southerly line of aforesaid Parcel One of Tract 549; thence along said prolongation of the Southerly line of Parcel One, N 89° 36' 18" W, 30.15 feet to a point where it intersects the Westerly right- of-way line of Quito Road, said point being the True Point of Beginning; thence along the Southerly line of Parcel One of Tract No. 549, N 89° 36' 18" .W, 20.86 feet; thence along a 660.00 foot radius curve to the right through a central angle of 9~ 03' 13" for'an arc length of 104.29 feet, said curve to the right being tangent at its beginning to a line that bears N 4° 35' 58" W; thence along a 30.00 foot radius tangent curve to the left through a cen- tral angle of 94° 00' 18" for an arc length of 49.22 feet, to a point on the Soutberly right-of-way line of previously described Marshall Lane; thence along that .Southerly right-of-way line S 89° 33' 03" E 19.82 feet; thence along a 20.00 foot radius tangent curve to the right through a central angle of 84° 12' 03" for an arc length of 29.39 feet; thence along the Westerly right-of-way line of Quito Road S 5° 21' 00E, 118.88 feet to the True Point of Beginning. Containing 0.052 acres of land, more or. less. EXHIBIT "C" DES(i)RiPTION OF A 3f'Ei!'.~POR. CONS"Z'~UGTION EASEMENT TO BE ACQUIRED BY THE CI]Y OF SARATOGA FROM ISABELLE. M. BELLICITTI All that certain real property situate in the City of Saratoga, County of Santa Clara., State'of California, described as follows: Being a portion of the 1.019 acre parcel of land shown as Parcel One on the Map of Tract No. 549, Riconada Acres, said map being on file in Book 20 of Maps at Page 20 as recorded September 8, 1948 in the Official Records of the County of Santa Clara, State of California, and more particularly de- scribed as follows: Beginning at the point of intersection of the centerline of Quito Road with tbe centerlineof Marshall Lane as shown on the aforementioned Map of Tract No. 549;thence along the centerline of Quito Road S 5° 21' 00" E, '167.08 feet to the point of intersection of said centerline of Quito Road with the',prolongation of the Southerly line of the aforesaid Parcel One of Tract 549; thence along said prolongation and along said Southerly line N 89° 36' 18" W, 51.01 feet to the True Point of Beginning; thence continuing along the Southerly line of said Parcel One N 89° 36' 18t' W, 24.78 feet; thence along a 200.23 foot radius curve to the right through a central angle of 18° 31' 04" for an arc length of 64.71 feet, said curve to the right being tangent at its beginning to a line that bears N 2° 45' 05" W; thence along a 200.25 foot radius tangent curve to the left through a central angle of 15° 08' 06" for an arc length of 52.78 feet; thence along a 20.00 foot radius tangent curve to the left through a central angle of 90° 12' 56" for an arc length of 31.49 feet to a point on the Southerly right-of-way line of aforementioned Marshall Lane; thence along a 30.00 foot radius curve to the right through a central angle of 94~ 00' 18" for an arc length of 49.22 feet, said curve being tangent at its beginning to the Southerly right-of-way li~ of Marshall Lane which bears S 89° 33' 03" E; thence along a 660.00 foot radius tangent curve to the left through a central' angle of 9° 03' 13" for an arc length of 104.29 feet, to the True Point of Beginniag. Containing 0.042 acres of land, more or less. EXHIBIT "C - 1" TI~!:SCRIii~Z!Z+:ii)Iiq OF A PARCEl F I..AHi'TD TO BE ACQUIRED BY THE CITY OFI...~!:~A]~TOGA FROM ISABELLE M. BELLICITTI FOR USE AS A PUBLIC RIGHT-OF-WAY All that certain real property situate in the City o~ Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of that certain 20.00 acre parcel described in the deed from Guido Giovacchini, et ux, to A. Bellicitti, et al, recorded March 16, 1945, in Book 1247 of Official Records, Page 384, Office of the Recorder, County of Santa Clara, State of California, and more particularly described as follows: Beginning at the point of intersection of the centerline of Quito Road with the centerline of Pollard Road as shown on the Map of Tract No. 251, Reversion to Acreage of Tract No. 9, Relwah Subdivision, on file in Book 10 of Maps, Page 38, Santa Clara. County Records; said point being the. True Point of Beginning; thence along said centerline of Quito Road also being the Westerly line of a parcel of land described in the deed from Mary Finley, et el, to the County of Santa Clara recorded April 18, 1916 in Book 441 of Official Records at Page 232, N 21° 39' 25" W, 61.41 feet to an angle point therein~ thence N 5° 21' 00" W, still along said centerline and said Westerly line of the lands of Santa Clara County, 150.26 feet to a' point where said centerline is intersected by the prolongation of the Southerly line of a parcel of land shown as Parcel One on the Map of Tract No. 549, Rinconada Acres, said map being on file in Book 20 of Maps, Page 20, recorded September 8, 1948, Santa Clara. County Records; thence N 89° 36' 18" W along said pro- longation and along said Southerly line 51.01 feet; thence along a 660.00 foot radius curve to thefleft through a central angle of 7° 49' 27" for an arc length of 90.13 feet, said curve to the left being tangent at its be- ginning to a line that bears S 4° 3'5' 58" E; thence along a 1210.00 foot radius tangent curve to the left through a central angle of 9° 14' 00" for an arc length of 194.99 feet; thence S 21° 39' 25" E, 28.17 feet; thence along a 760.00 foot radius tangent curve to the left through a central angle of 8° 04' 00" for an arc length of 107.00 feet; thence along a 590.00 foot radius tangent curve to the right through a central angle of 13° 40' 17"for an arc length of 140.78 feet; thence along a 30.00 foot radius tangent curve to the right through a central angle of 106° 48' 31" forlan arc length of 55.92 feet to a point on a line parallel to. and 39.98 feet-Northerly of the centerline of Sobey Road as described in the aforementioned deed from Guido Giovacchini to A Bellicitti; thence S 0° 45' 23" W, 39.98 feet to a point on the centerline of said Sobey Road; thence along said centerline S 89° 14' 37" E, 71.53 feet to the point of intersection of the centerline of Sobey Road with the centerline of Quito Road~ as shown on the aforementioned Map of Tract No. 251; thence along said centerline of Quito Road also being the Westerly line of that parcel of land' shown on aforementioned Map of Tract No. 251, N 7~ 27' 42", 86.13 feet to an angle point therein; thence N 21° 39' 25" W, still along said centerline and said Westerly line, 337.84 feet to the True Point of Beginning. Containing 0.234 acres of land, more or less. EXHIBIT "D" DESCRI PT I. ON OF TEMPOHA iK TO BE ACQUIRED BY 'life CI'I:Y OF SARATOGA FROM ISABELI, E M. BELLICITTI All that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of that certain 20.00 acre parcel described in the deed from Guido Giovacchini, etux, to A. Bellicitti, et al, recorded March 16, 1945 in Book 1247 of Official Records, Page 384, Office,of the Recorder, County of Santa Clara, State of California, and more particularly described as follows: Beginning at the point of intersection of the centerline of Quito Road with the Centerline of Pollard Road as shown on the Map of Tract No. 251, Reversion to Acreage of Tract No. 9, Relwah Subdivision recorded in Book 10 of Maps,.. Page 38; thence along the centerline of said Quito Road N 21° 39' 25" W 61.41 feet to an angle point therein; thence still along said center- line N 05° 21' 00" W, 150.26 feet to the point of intersection of the cen- terline of Quito Road with the .prolongation of the Southerly line of a..parcel of land shown as Parcel One on' the Map of Tract No. 549, Rinconada Acres, on file in Book 20 of Maps, Page 20, Santa Clara County Records; thence N 89° 36' 18"W along said prolongation and along said Southerly line 51.01 feet to the True Point of Beginning; thence continuing along aforesaid Southerly line N 89° 36' 18" W, 24.78 feet; thence along a 200.23 foot racrius curve to the left through a central angle of 2° 28' 36" for an arc length 'of 8.66 feet, Said curve to the left being tangent at its beginning to a line that bears S 2° 45' 05" E; thence along a 680.00 foot radius tangent curve to the left through a central angle of 7° 13' 46" for an arc length of 85.80 feet; thence along a 1230.00 foot radius tangent curve to the left through a central angle of 9° 11' 58" for an arc length of 197.49 feet; thence S 21~ 39' 25" E, 28.20 feet; thence along a 780.00 foot radius tangent curve to the left through a central angle of 9~ 34' 38" for an arc length of 130.38 feat; tbence along a 375.38 foot radius tangent curve to the right through a central angle of 9° 34' 38" for an arc length of 62.75 feet; thence S 21~ 39' 25" E 61.71 feet; thence along a 20°00 foot radius tangent curve to the r~ght through a central angle of 112~ 24' 48" for an arc length of 39.24 feet, to a point on a line parallel to and 39°'98 feet Northerly of the centerline of ~obey Road as de- Scribed in the aforementioned deed from Guido GioVacchini to A. ]~Ilicf~ti[ thence along said parallel~jline S+89~ 14' 37" E,..-5.45 feet; thence along 30.00 foot radius tangent curve to the left through a central angle of 106° 48' 31" for an arc length of 55.92 'feet; thence along a 590.00 foot radius tangent curve to the left through a central angle of 13° 40' 17" for an arc lengl of 140.78 feet; thence along a 760.00 foot radius tangent curve to the right through a central angle of 8~ 04' 00" for an arc length of 107.00 feet; thence N 21° 39' 25" W, 28.17 feet; thence along a 1210.00 foot radiu~ tangent curve to the right through a central angle of 9° 00' 14" for an arc, length of 194.99 feet; thence along a 660.00 foot radius tangent curve to the right through a central angle of 7~ 49' 27" for an arc length of 90.13 feet, to the True Point of Beginning. Containing 0.319 acres of land, more or less. EXHIBIT "D- 1" : TO BE ACQUIRED BY AS A PUBLIC RIGHT-OF-WAY All that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: Being a portion of the 6.48 acre parcel of land shown as Parcel One of the lands of Anderson described on the Map of Tract No. 251, Reversion to acreage of Tract No. 9,~ Relwah Subdivision, said map being on file in Book 10 of Maps at Page 38, Official Records of Santa Clara County, State of Ca lifornia, and more particularly' described als follows: Beginning at the point of intersection of the centerline of Quito Road with the centerline of Pollard Road as said lines are shown on the aforementioned Map of Tract No. 251; said point being the True Point of Beginning; thence along said centerline of Quito Road also being the Easterly line of that certain 20.00 acre parcel described in the deed from Guido Giovacchini, et ux, to A. Bellicitti, et al, recorded March 16, 1945, in Book 1247 of Official Records, Page 384 South 21° 39' 25" East, 337.84 feet to an angle point therein; thence South 7° 27' 42" East still along said centerline, and said Easterly line of the 20.00 acre parcel, 57.60 feet to a point on the centerline of Quito Road where it intersects with the Southerly line of the aforementioned Parcel One of the Lands of An- derson; thence North 87° 13' 48" East, 20.07 feet along that Southerly line; thence North 7' 2.7' 42" West, 81.01 feet; thence along a tangent curve to the left for an arc distance of 123.88 feet, said curve having a radius of 500.00 feet and a central angle of 14° 11' 43"; thence along a tangent to that 500.00 foot radius curve North 21° 39' 25" West, 129.71 feet; thence along a tangent curve to the right for an arc distance of 50.88 feet, said curve having a radius of 30.00 feet and a central angle of 97° 11' 00"; thence along a tangent to that 30.00 foot radius curve North 75° 31' 35" East, 147.85 feet to the centerline of San Tomas Aquino Creek which forms the Easterly City limit line of the City of Saratoga and the Westerly line of the Town of Los Gatos; thence North 14° 28' 25" West 30.00 feet to a point on the centerline of Pollard Road; thence along said centerline also being the Southerly line of that-certain parcel described as Parcel '1 in the deed from Leep 'Develo, pement Corporation to Santa Clara County Flood COntrol and Water District ~ecorded June 26, 1968 in Book 8170 Of Official Records at Page 279~ and also the Southerly line of that'certain parcel described in the deed f~om Mary'Finley, et al, to the County of Santa Clara. recorded April'iS, 1916, in Book 441 of Official Records, Page 232, South 75~ 31"i 35" West ,' 225.89 feet to the True Point of Beginning. .. -. Containing 0.679 acres of land, more or less. EXHIBIT "E"