HomeMy WebLinkAboutCity Council Resolution 233 RESOLUTION NO. 2~33.
REScOL UT ION AUTHOR IZ ING EMINENT
WHEREAS the City of Saratoga plans the widening and im-
provement of Saratoga Avenue and Cox Avenue, public streets in
said City, said widening and improvement on Saratoga Avenue to
be generally between its intersections with Bucknell Road and
Fruitvale Avenue, and said widening and improvement on Cox'Avenue
to be generally between Paseo Presada and De Haviland Avenue in
said City, and it is necessary for said public improvement that
a fee title to the hereinafter described real property set forth
on Exhibit "A" be acquired by the City of Saratoga for a right of
way in order to widen and improve said streets,
NOW, THEREFORE, the City Council of the City of Saratoga
does hereby resolve as follows:
Section l: The statements in the preamble hereof are
hereby adopted as findings of this Council.
In addition, it is hereby found and determined that the
public interest and necessity require the acquisition
of the hereinafter described real property for the con-
struction of the above-described public improvement,
and such property is necessary therefor. Said public
improvement is planned and located in the manner which
will be most compatible with the greatest public good
and the least private injury.
Sectlop .~: 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 enpowered
to take all necessary steps to acquire a fee title to the
property described in Exhibit "A" by eminent domain,
and to obtain immediate possession of the same upon the
commencement of said proceedings, and the City Attorney
of this City is hereby authorized and directed to commence
said proceedings in the proper court having jurisdiction
thereof and to take all necessary steps to proceed to and
conclude the condemnation of said property in accord
herewith.
-1-
Section 3:_ Said real property is more particularly
dsscribed on Exhibit "A" attached hereto
and incorporated heroin by reference.
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 immediate possession of parcel or
parcels of said real property in accord with Article 1,
Section 15 of the Conatitution 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 parcel, exceed the appraisal as to the parcel in
question as has theretofore been made by the City's
appraiser as to each such parcel in question.
The above and foregoing resolution was duly and regularly
passed and adopted this 2is~t ~ day of . _April ......... , 1965, by
the following vote:
AYES: Councilmen Glennon, Hartman, Tyler, Burry
NOES: none
ABSENT: Councilman Drake
ATTEST:
' ' CityCler~ '
EXHIBIT "A"
Each and every one of the following described parcels
of real property located in the City of Saratoga,
County of Santa Clara, State of California:
(Following are descriptions of nineteen parcels,
collectively referred to as this exhibit)
A'21, ..,erwin ......
From a granite monument marking the intersection of the
centerline Of Fruitvale.Ave. and Saratoga Ave. run South 0°25'44'' E
142.53 ft; run thence North 89°34'16'' E 20 ft. to the Point of Beginning,
said Point of Beginning being on the easterly line of Fruitvale Ave.;
run thence N 0°25 '44" W 67.16 ft.; run thence along the arc'of a 30'
radius curve to the right through a central angle of 50°43'19'' for an
arc distance of 26.56 ft.; run thence North 32"31'20" E 122.08 ft.;
run thence North 50"lT'35'' E 225.79 ft.; run thence South 0°06'01" E
35.76' ~ run thence South 44e59'16'' W 80.24 ft.; run thence South
1.41714'00" W 268.36 ft.; run thence along the arc of a 65' radius
curve to the left through a central angle of 41~39'44" an arc distance
of 47.26 ft. to the '~Point of Beginning, containing 0.341 acres,more or
less.
B-20, Maher
From a granite monument in the centerline of Saratoga Ave.,
which lies N 50°17'35" E 339.19 ft. from the point of intersection
of the centerline of Saratoga Ave. with the centerline of F~uitvale
Ave., run thence South 78°59'23'' E 29.38 ft. to the POINT OF BEGINNING,
run thence South.50e17'35'' W 24.76 ft.~ run thence S 0~06'01'' E
35.76 ft; run thence North 44~59'16"B 104.86 ft.; run thence South
67°43"57" W 59.59 ft, to the Point of Beginning, containing 0.036
acres, more or less.
C-18 - Passantino
From a point in the centerline of Saratoga Ave., which lies
North 38°59.~,55'' E 687.54 ft. from the point of intersection. of the
centerline of Saratoga Ave. with the centerline of the Southern
Pacific Peninsula Branch Line Railroad tracks, run thence South
50°59'30'' E 50.00 ft. for a Point of Beginning~ run thence South
50Q59'30'' E 10.00 ft.; run thence N. 38°59'55'' E 130.00 ft.; run
thence N 50~59'30" w 10.00 ft.; run thence South 38°39'55" W 130.00
ft. to the Point of Beginning, containing 0.030 acres, more or less.
D-17 - San Jose W~'='br Works
From a point on the centerline of Saratoga Ave. which lies
N 38°59'55" E 817.54 ft. from the point of intersection of the
centerline of Saratoga Ave. with the centerline of the Southern
Pacific PeninBula Railroad tracks, run thence S 50°59 '30'' E 50.00
ft. to the Point of Beginning; run thence South 50°59'30'' E 10.00
ft.; run thence N 38"59'55'' E 20.00 ft.; run thence North 50°59'30''
W 10.00 ft.; run thence S 38°59'55'' W 20.00ft. to the Point of
Beginning,containing 0,005 acres, more or less.
E-16 Paul Nasson, Inc.
From a point on the centerlin& of Saratoga Ave., which lies
N 38°59'55'' E 837.54 ft. from the point of intersection of the
centerline of Saratoga Ave. with the centerline of the Southern
Pacific Railroad Peninsula branch l"ine tracks, run thence South
50°59~30" E 50.00 ft. for a point of beginning~ run thence South
50°59'30"E 10.00 ft.~ run thence N 38°59~55" E 557,91 ft.~ run
thence along the arc ~ a 20 ft. radius curve to the right through
a central angle of 85°47~20" for an arc distance of 29.95 ft. to
a point of cusp which lies on the southerly property line of Mc-
Farland Avenuew run thence North 55°11~50" W 28.61 ft.~ run thence
South 38~59t55" W 575.76 ft~to the Point of Beginning, containing
0.134 acres, more Orlesso
F-15 Title Insurance &Trust Co. .." ~].
From a point on the centerline of Saratoga Ave. which. lies
South 39°00:50'' W 49.99 ft. from the point of intersection of the .
centerline of Saratoga Ave. with the centerline of COx Ave., run ·
thence S 50o59:58., E 50.00 ft. to the point of Beginning~ run
thence South 39°00 :50" 'W 552.03 ft. w run thence S 39eO0tS0'' W 17.28
ft. to a point on the northerly line of McFarland AVe. ~ run thence
S 55°11 ~50" E .31.55. ft. along said northerly line of McFarland Ave.
to the point of cusp of a 20 ft. radius curve from a tangent bear- -'
ins N 55~11~50" W~ run thence along the arc of a 20: radius curve
to the right .through a central angle of 94~12 ~40" an arc distance
of 32.89 ft. ~ run thence N 39°00'50'' E 535.05 ft. ~ run thence along
the. arc of a 20 ft. radius curve to the right through a central
angle of 89~59~12" for an arc distance of 31.41 ft. ~ run thence South
50°59~58" E 87.96 ft.~ run thence along the arc of'an 842' radius curve
to the left through a central angle of 35°43~46" for an arc distance
of 525.07 ft. ~ run thence North 1°47:56" W 12.05 ft. to a point on
the existing so.u. ther!y~, line of Cox AVe..!. fro.~. a. ltangent bearing North
86e 39: 19" W run ~_ _thence.__along the_ arc.~.~ of_.an 830 ~__ radius.. curve to the.
through a central angle of 35°39:21" for an arc length of 516.52 ft. f
run thence N 50059'58" W 97.96 ft. ~ run thence along the arc of a
20 ft. radius curve to"the left through a central angle of 89°59'12"
for an arc distance of 31.41 ft. to the Point of Begin~ing, contain-'
ing 0,311 acres, more or less.
G-14 Renzel & Stern
From a point on the centerline of Cox Ave., which lies South
88~14'01" West 543.56 ft. from the intersection of the centerline
of Cox Ave. with the centerline of Paseo Presada; run thence South
l°48'39'' E. 30.00 ft. to the Point of Beginning.
Run thence South l°48'39'' E 6.00 ft.; run thence ~ 88°14'01'' E
399.86 ft.; run thence North 18°48'33'' E 6.41 ft.; run thence S 88e14'01''
W 402.12 ft. to the POINT OF BEGINNING, containing 0,055 acres, more
or less.
H-13 - Presbytery of San :oee
From a point on the centerline of Paseo Presada, which lies
N 18°59t07'' E 4'7.36 ft. from the point of intersection of the center-
line of Paseo Presada with the centerline of Cox Ave., run thence
N 71°00t53" W 30.00ft~to Point of Beginning~ from a tangent bearing ,.
south 18°59'07" West, =un thence along the arc of a 20 ft. radius
curve to the right through a central angle of 69°14~54" for an arc
length of 24.17 ft.~ run thence South 88°14~01" W 639.59 ft.~ run
thence along the arc of a 758.00 ft. radius curve to the right threugh
a central angle of l°37'29" for an arc distance of 21.49 ft.; run
thence S 19°02~43"'W 12.69 ft. to a point on the existing N property
line of Cox Ave.~ from a tangent bearing S 89°59t52" E, run thence
along the arc of a 770.00 ft. radius curve to the left through a
central angle of l°,56*'07"for an arc distance of 26.01 ft. ~ run
thence N 88°14'01'' J 635.05 ft.'~ 'rUn' ~hence along the arc of a 20.00
ft. radius curve to the left through a central angle of 69~14e54"
for an_ arc distance of 24.17 ft.l run thence N 18e59~07" E 12,83 ft,
to the Point 0~- Beginning, cmtaining 0, L86 acres, more or less,
1-12 Prince of Peace ,Evangelical Lutheran Church of Saratoga, Calif.
From a point on the centerline of Cox Avenue, which limb south
88D14'01'' W 669.57 ft. from the point of intersection of the center-
line of Cox Avenue with the centerline of Paseo Presada, run N 1°45'59~
W 42.00 ft.~ thence from a tangent bearing S 88°14'01"W run along
the arc of a 758.00 ft. curve to the right through ~ central angle of
l°37'29'' for an arc distance of 21.49 ft. to the POINT OF BEGINNING,
continue thence along the arc of the 758.00 ft. radius curve through
a central angle of 18°01 '22" for an arc distance o~ 238.43 ft. 7 run
thence S 27~10'41': W 12.16 ft. ~ thence from a tange'nt bearing 'S 71°58'22
E run along the arc of a 770.00 'ft. radius curve to the left through'a
central angle
N 19~°02143'' E 12.69 ft. to the .POINT OF BEGINNING containing 0.066 ~cres,
more or less. ·
J-lO, Presbytery of San Jose
From a point on the centerline of Saratoga Ave, which lies
N 39°00'50'' E 715.04 ft. from the ~point of intersection of the
centerline of Saratoga Ave. with the centerline of Cox Ave. run
S 52°03'23'' E 50.01 ft. for a point of beginning.
Run thence S 52~.03'23" E 10.00 ft.; run thence S 39°00'50'' W
315.10 ft.; run thence N 51°00'30'' W 10.00 ft.; .run thence N 39°00'50''
E 314.91 ft. to the POINT OF BEGINNING, containing 0.072 acres, more
or less.
K-9 - Maude D. Smith, Et A1
Fr~n a point on the centerline of Saratoga Ave.~i~ which lies N
39°00'50" E 715.04 ft. from the point of intersecti~n of the center-
line of Saratoga Ave. with the centerlAne of Cox Ave., run S 52°03'23''
E 50.01 ft. to apoint of beginning; run thence N 39~00'50" E 128.26
ft.; run thence N 39e00'29'' E 232.31 ft.; run thence S 52~15'03'' E
10.00 ft.; run thence S 39°00'29'' W 232.53 ft.; run thence S 39e00'50''
W 128.07 ft.; run thence N 52°03'23'' W 10.00 ft. to the POINT OF
BEGINNING, containing 0~083 acres, more or less.
M-~ - George Shimaria, Et A1
, From a point on t he centerline of Saratoga Ave., which lies
N 39°01J21" E 6.66 ft. from the point of intersection of the center-
line of Saratoga Ave. with the centerline of Buckhall Rd., run N
67°23~35" W 52.12 ft. to the POINT OF BEGINNING.
Run thence N:. 39°00~29'' E 8.06 ft.t run thence N 39~01* 21" E
166.35 ft.; run thence N 67~25J47" W 10.43 ft.7 run thence S 39~01~21"
W 163.40 ft7 run thence $39~00~29" W 11.01 ft.~ run thence S 67Q23~35"
E 10;42 ft. to the POINT OF BEGINNING~ containing 0.040 acres, more
or less.
N-2 RINALDO C' MAGNELLI
From a point on the centerline of Saratoga Ave. which lies N
39°01'21".' E 6.66 ft. from the point of intersection of the center-
line of Saratoga Avenue with the centerline of Buckhall Rd.; run
thence N 67°23'35'' W 52.12 ft. to the POINT OF BEGINNING.
Run thence S 39°00'29'' W 174,96 ft,; run thence N 67e21'11'' W
10,42 ft,; run th.ence N 39~00'29'' E 174,95 ft.; run thence s 67e23'35"
E 10.42 ft. to the POINT OF BEGINNING, containing 0,040 acres, more
or less,
0-3 F.P. Rodrigues, Et Ux
From a point in the centerline of Saratoga Avenue. whichlies
S 39°00'29"Wi168.34 ft. from the point of intersection of the center-
line of Saratoga Avenue with the centerline of Bucknall Rd. run N
67°21'11" W 52.11 ft. for a POINT OF BEGINNING;
Run thence S 39"00'29" W 124.31 ft; run thence N'67e30'31" W
10.43 ft; run thence N 39°00'29" E 124.34 ft~' run thence S 67°2~..1'11"
E 10.42 ft. to the POINT OF BEGINNI. NG, containing 0,029 acres, more
or less.
John Amato, Et Ux
From a point on the centerline of Saratoga Avenue which lies
S 39°00'29" W 292.50 feet from the point of intersection of the
centerline of Saratoga Avenue with the centerline!Of Bucknall Road
run thence N 67°30'31'' W 52.15 ft. to a POINT OF BEGINNING;
Run thence S 39°00'29'' W 284.02 ft.; run thence N 67°25 '03" W
10.43 ft.; run' thence N 39°00'29" E 284.01 ft.; run thence S 67°30'31
E 1.0.43 ft. to the POINT OF BEGINNING,. containing 0,065 acres, more
or less.
Q-5 ....urazio R. Magg.ore t~
From a point on the centerline of Saratoga Avenue which lies
N 39°00'50'' E 401.04 ft. from the point of intersection of the
centerline of Saratoga Avenue with the centerline of Cox Avenue,
run N 50°59 '10'' W 60.00 ft. to the POINT OF BEGINNING;
Run thence S 39°00'50" ~W 335.26 ft.; run thence along the arc
of a 50 ft. radius curve to the right through a central angle of
73°29'10'' for an arc length of 64.13 ft. ~ run thence N 67a30'00"
W 276.17 ft; thence S 22°35'18'' W 10.00 ft.; run thence S 67°30'00
E 320.98 ft.; run thence N 39°00'50'' E 380.05 ft.; run thence N
50°59'10" W 10.00 ft. TO THE POINT OF BEGINNING, containing 0.165
acres, more or less.
R-22- Richard W. Scott, Et Ux
From a POINT OF BEGINNING on the centerline of Cox Ave. which
lies South 85°45'00"E.23]~'~]~4]."~ft,._from the point of intersection of
the centerline of Cox Avenue with the centerline of DeHaviland Drive,
run N 00° 09'30" W 20,06 ft. for POINT OF BEGINNING;
Run thence N 00"09'30"'W 10,03 ft,; run thence S 85°45'00"E
92,75 ft,; run thence S 76°19'45'' W 32,50 ft,; run thence N 85e45'00''
W 61,06 ft, to the POINT OF BEGI,NNING, containing 0,018 acres, more
or less.
S-6,7 M. V. S. Company
From a point on the centerline of Saratoga Ave. which lies
N 39°00'50" E 1.40 ft. from the point of intersection of the
centerline of Saratoga Ave. with the centerline of McFarland
Ave. run N 50°59'10" W 50.00 ft. to the POINT OF BEGINNING;
Run thence S 39°00'50" W 31.49 ft.; run thence S 38°59'55"
W 722.09 ft.; run thence N 51°00'05'' W 10.00 ft. W run thence
N 38~59'55'' E 722.09 ft.; run thence N 39°00'50'' E 31.49 ft.;
run thence S 50"59'10" E 10 ft. to the POINT OF BEGINNING,
containing 0.173 acres, more or less.
T-23 Walter M. Seagraves
From a point on the centerline of Fruitvale Ave. which lies
S 0°25'44'' E a distance of 465.35 ft. from the point of intersection
of the centerline of Fruitvale Ave. with the centerline of Saratoga
Ave. run S 50°29'16" W 51.54 ft. to the POINT OF BEGINNING;
Run thence N'.0e.25'44'' W 161.79 ft.; run thence along the arc of a
270.00ft. radius curve to the left through a central angle of
37T25'28" for an arc distance of 176.36 ft. to a point of compound
curvature; run thence along the arc of a 30 foot radius curve to
the left through a central angle of 90e00'O0'' for an arc distance
of 47.12 ft.; run thence N 82~51'12'' E 21.21 ft.; run thence S 52e
08'48" W 359.09 ft; run thence N 60°40'39'' E 202.24 ft; run thence
N 52°08'48'' E 100.00 ft.; run thence along the arc of a 73.00 ft.
radius curve to the right through a central angle of 127~25'28" for
an arc distance of 162.35 ft.; run thence S 0e25'44" E 240.91 ft;
run thence N 50°29'16" E 38.63 ft. to the POINT OF BEGINNING, con-
taining 0.451 acres, more or less.