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HomeMy WebLinkAboutCity Council Resolution 366 RESOLUTION NO. 366 ARESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS VILLAGE PARKING DISTRICT NO. 1 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 construct and maintain off-street motor vehicle parking facilities in and on the land hereinafter described, NOW~ THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows: 1. That thepublic interest and necessity require the acquisition, construction and completion of off-street motor vehicle parking facilities and appurtenances and work auxiliary thereto, in, over, across and upon the parcels of land more particularly described in Exhibit "f', attached ~zzhereto and by this reference made a part hereof, within said City of Saratoga, and the taking of the fee simple title for off- street motor vehicle parking purposes and appurtenances in and to said 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 Fir. Faber Johnston, Jr., City Attorney of said City, who is attorney for said City of Saratoga, be, and hi 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 City 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 21st day of July, 1967, by the following vote: AYES: Councilmen Glennon, B~r~y, Hartman, Robbins NOES: None ABSENT: None ABSTAINING: Councilman Tyler ? i.~ ~~~~ ~ ATTEST: RESOLUTION NO. 366 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN lAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS VILLAGE PARKING DISTRICT NO. 1 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 construct and maintain off-street motor vehicle parking facilities in and on the land hereinafter described, NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows: 1. That thepublic interest and necessity require the acquisition, construction and completion of off-street motor vehicle parking facilities and appurtenances and work auxiliary thereto, in, over, across and upon the parcels of land more particularly described in Exhibit "N', attached '~hereto and by this reference made a part hereof, within said City of Saratoga, and the taking of the fee simple title for off- street motor vehicle parking purposes and appurtenances in and to said 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 hi 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 City Attorney shall be paid a reasonable fee The above and foregoing resolution was 8u!y and regularly introduced and passed by the City Council of the City of Saratoga at a regular meeting held on thelg~h day of July::, 1967 by the following vote: AYES: Councilmen Glennon, Burry, Hartman, Robbins NOES: None ABSENT None ABSTAINING: Councilman Tyler ' "l"'~y0~~ ATTEST ::. "' EXHiBI~ hA' All that certain real properky ~itus. te in the City of Saratoga, County of Santa Clara~ Skate of California~A~CEL "G~' and more particularly described as follows: All h~t certain real p.~rty s~tuczte in ~l~ City ef Sa.~:~ County oF ~.~ C~, ~S;..'m~ng ct the W~tarly comer ~f Lo~' 6 tn Block 3 ~ sbwn on a cc~n mc~ "P]cn of ~F~ Town of McC~ff~v~lle", recorded in ~ "A's o~ Mo~ ct ~ 43, C!c~ ~un~ ~co~, ~id ~cr al~ ~Zng on ~ k~fib~rly line o~ Fcu~'h S~et ~ s~'m ~n ~ aFor~ld m~p; thence f~m t~ ~[d F~nt of ~glf, ning cJ~g l'[~e ;~d ~'~ ~eady Hne ~h 4~ O0' 00" W~ 233.73 feel; tEcnce J~ing ~ ~;,h==:'crJX Jina ~'h 3I° 28' ~" E~r ~.20 Feel to a ~n~ in ~F~ con~or]~t~e of S~c~ ai~ ~o~ Camp~l o; QuJ~o Creek, sci'd ~nt ~Jng ~u~h 74° 53' ~" E~ 52.~ f~t d[;~'~nt ~m t~ W~eer]y ~mer oF i~ descri~ in ~t ce~n Deea e~ T~t re~rded ~~ 6, 1966 i= ~k 72~ oF O~fic~el Reccr~ at ~e ~, ~=~ C!~ C~ty Re~r~; fhence e~g ~d centerline ¢~ 5~ C~ek SoufB 74° 53' 50" E~ 61.75 {ee~ ~nd ~h ~')0 ~.26 ~eet; t~nce I~ving s¢~d centerline S~th 26° ~' 00" West t6.91 bet; ~u~h 4~ gO' ~" E~t ~.~ feet; th~ce ~u~E 4~ ~' 00" W~t 5.90 fee~; th~ce ~u~h 4~ ~' 00" E~t 69.00 ~eet; tbnce Mo~'h 42° 5~' ]0" E~t ]~.00 bet; on fb ~r~hwesterZy line of the afore~ Bi~k 3; t~ce ai~g tb l~t ~id ~.ffhw~rJy line 5~h 42° 59' lO" W~t ~.03 feet ~ th~ ~int of ~9inningt ~taining 0.479 of ~ ~d ~ing a ~i~ of t~ Qui~ CI~'EGAN AND D'ANGE1,O PARCEL "D" (Barnett) A1! that certain rc-al p~operty~ situcsfre in the City of Saratoga, County of Santa Clam, Shste of California and being a portion of Lot 5 In Block 3 as shown on a certain map entitled, "Plan of the Town of McCc~ysvt lle", recorded in Book "A" of Mops at page 43, Santa C/am County Recorcis, more particularly described as follows: Beginning at a point in tF~ Northwasteriy line of said Lot 5 said point ~ing North 42° 59' t0" Ecst 5.00 feet disksnt from the W~sterly comer of said Lot 5; thence from the said point of J:~glnning along the said Northwesterly line N~rth 42° 59' 10" Emt 45.01 feet to the Northerly comer of said Lot 5; thence along the Northeasterly line of said Lot 5 South 47° 00' 50" East 61 .O0 feet; thence South 42° 59' 10" West 9.98 feet; thence South 87° 59' 10" West 49.54 Feet; thence North 47° 00' 50" West 25.97 feet to the point of beginning cantothing 0.049 acres of land. May 16~. 1967 64-7 PARCEL "E" {Gunn) All that certain real property, situate ~n the C]ty of Saratoga, County of Santu Clara, State of California and being a portion of Lot 4 in Block 3 as shown on c~ certain map entitled, "Plan of the Town of McCartysvil ie~', recorded in bok "A." of Maps at page 43, Santa Clam County Records, more isczrficulc~rfy described c~s foilows: !ii:;i~ Beginning at the Wes. terJy comer of said Lot 4; thence from the said point of beginning ~'! along the Northwesterly line of said Lot North 42° 59~ 10" East 50.01 Feet to the Northerly corner of said lot; thence along ~he Northeasterly lZne of said lot South 47° 00~ 50" East !i'! 61,00 feet; thence South 42° 59' I0" West 50.01 feet to a point on the Southwesterly [~ne i~ of said Lot 4; thence along ti~e sold Southwesterly line North 47° 00' 50" West 6] o0O feet to the point o{ beginning~ containing 0°070 acres of !an~. li 64-7 CR~EGAN AN~. D'ANGE, LO PARCEL "K" (Green) All that carte. in real p~perty situate in the City of Sa~ak~-ua, County of Scn~ Ctc~o~ State of Calif'orn~a and being portions of Lo~ 5 and 6 in Block 3, ~ shown on a certain rr~p entitle. d, "P~an of the Town of McCcsrtysvil l¢~" which rr~:p is recorded in B..~.,k "A" ~f Maps ~ .acsga 43, Santa Cla~ Counb' Records, rao~ particularly described as f~lk~v~s: Beginning at a point tn the NoK, hwes~er~y line of said b~ 6, said point being North 42° 59' 10" Ec:st 47.00 bet d]s~nt from the Westerly comer of ~id Lot 6; ther~ce from the said poMt of beginning along the Northwesterly line of ~.,ajcl Lots 5 c;nd 6, N~rth 42° 59° ]0" East 8.00 feet; thence leaving said Nc~tlm~terly llne pan:! let with the No~hec:sterly line of said L~t 6~ South 47° 00' 50" Ec:st ~ .00 fee~.; thence South 870 59~ 10" West i ]. S] feet to the point of beglnnir~g containing 32 squaze feat of Icmcl. EXHIBIT A CREEGAN AND D'A,N. GELO ................ · ...... :, ...... : ........ 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 thelgth day of July , 1967 by the following vote: AYES: Councilmen Glennon, Burry, Hartman, Robbins NOES: None ABSENT None ABSTAINING: Councilman Tyler ATTEST: ~,~ AC;.E:L2,E;:ZZ"Z'~ mzde and s.n'bcrc.i in';o tills End August 'bicn~ tzer~inaf'C.er called ':~District=:~ an.i ::n'mticipa! eor'ooratlon of ~-~-'~ ' hereinafter- . ~ $'~ato of ,Salifcrnia~ l. Tbc public in'beiest and ¢onv.*~rlena'-a r.~cfai:-e the acquZsi- 'r.. ,.. 'r z, ' operation ak'Z.. use ~=~ Distr-ic~ off sa~i'~az,'y s&7:cr main~ ~':~:'~':'r:~:"~"."eS %6'CC'SSaZ'y 6"?~d OOl'k'~"&r~i~r~t fC2 '~l':~ ~'y'c:v:~d~'~' of ~.'~'~',~" ~vZos Zn &r'.6 2o~', ~h,s &res shown o~. ~h6 7n&p .... ,-., ~-~ .. ~ ~v,, ~ ~ ...... reference !ncorpora~ed herein. ~' Znpr. o'v'encn'~ plans and specifications for sai-ri sewer facilities will bs prapar-a& by the ZnSirec, r' of %'YorL: fo':' said City ?:0 in .....,'~" .:: Villa.Co i~arlzing Dis'bric'~ ~ i :SaiG "'m ~"~ will mit'~CL ~o a~,:Z a',::}Droved by She District E:".giz~eer w; is ,;hat all of said work shall be installed in accor.dancc-',m..:/'Gh full ,::.rZ~ co:rpl~te fim~l i:.~provemen~ plans and sp~.cifica'~ions to 'g':'~ a::pp::,ovsd by the Di~:~tric'~ E~Ciz'uaor and Di2;bric'b prior 'cc ::::.~n'C of c.on:struction. lTollo'~'ing 'approval cf tha plans aLd ' .................. ~""' CZ'~Z~C~i', Z~ ~ZC ZiYLSZPOVP'UI'~q"Z'G ':DZ~Z'.ZS ..... L::::ay be uai,a wZ'~hou'b the prior written consortS of Diz'br'ict, 3- Upon ths ap, pz, o',;ai of said ptar. ts a..,",i specifics'Siena Z)!s'~l~ic'~ City shall adv.azd;Is¢. for bids foz~ dtoln. S the v;oz'4'x a,cccr~dd:m,:~c ",,,zith st~>~az',d bidding prcced'u:::,c-s. City' shall contr, acS to tl%e Ic, wes~ z~esi",or~sl~ic bidder. """= 'b" shall be cc,ntr, ac'~,~::~' aSency AS such~ City ~'i~~''' sup~rvi;c tl'i; dcin~ of ~;];~e 'b~'ork. ~Inal couzp!,~tion of '~e work shall require '~h~ app:'oval of City. "~ i'b is agz:c, cd tha'b bhe cost of acc~uis/ticn~ inciu,finS the acquisiti~r~ fcr caFaclty rights and right of service and use existir~ coli~ction~ 'brans~:iIsslon and disposal facilities~ and coYIs. ti~lctic.n of said ~'~:~"f~ tar. y rage ...... ~ ilties be is~!a =' ........b';~' City. !t is fur4;hez~ agresd chat ~he ccs~ for said work to be paid by City shall be ~ssessed a~alns~ the proper'~ias ~-~-a ttier~'f on'z within said Village P.azq<ing District ZTo. 5, District may at all times ~7~intaln an Inspector o'ver~ th~ '~' ..... ,~ see that plans work cf installation of ~he sewer ~ilities ~ ...... ~-ee~ comDliei with~ and the City and its and sp~cificaDzons have ~-~, .... ~"-"~' .......in the duties incident 'bo design or cc~struction cou'zplction and acceptance -"~ the work~ City' will coopepate witZ v,,~,~..,.,--;~.~;;..,.- ill ~-b,~-., eni'orcen'~orlt of' iny guaran';ee ula,a~ by ~z_u ccl%~rac~,oy, in contractcr~a ...... *'e'~ .n ....to l:~,~.~form the woz~k~ and shall said contr, ac'bor to provide City with at. accc',ptabie s'uz. ety bond ~ ~ ~z~ agains'; defective materials an~/'or wozqc:anshi:,3 fc.zTM a '=!:ar, ic, i of on.e (i) year. frcn and after ~he completion and cf the worlc~ wklch said bcnd shall also mama Distric'b as an aadi- ~;iona! ob!i[Z,a.a. Such bond shall be in a s'a:'~: of net loss ',;.a:.cent (!0;g) of the cc. nstr;uc'tior: cost of said sewer 6, 'L.Cnenever n"zains~ ..... ~ ci!iti':::'s and appurtenances to be. ccn- '~".ez'~: .....:d~''' are not installed in dealits'bed sti~e~ts c::TM .......... :;::U,C::,c.,~; ¢ :i,:::.,c::.:::~,.:;::.'t:::;; :::::t o~;:t~c::c"t. co :':'/:" ~'..,.4 ......";.',= to .", .....'~:':/':;":~ "':'' ;'" ;:i;:DYi:.:t:SZ':'Li.C~tLC..ji Of S~i.C~ i:.~'2Z,31~ i'a,Y~ZlitZ,~;; ':ha ~/~:.::',O ~ZSSi"2~:; ::" ' ....... -" ...." for .:,; ~..,-..: <* -. ~ "i ,., ,;i ,," ;~'~ ~ ';'; y', ' Z:,~z='~ of LL';b::~ system &nd 'tZ:e::~eafter Dis~cr/c~ ..... -v ::'~:!co ..... ;'.::'~:C'z':.~:~:::.c:. ~:':.: Zt'zsba22 servic<~s a't any p,oin't cz'--?'>Din'bs ~h~r~; ....... ""' '::}'::' r % '" ' ':~ ~ ...."" "L::~ Z:d O 2 ..... ': " "' .... "'~ Z",:; '~: ' &:'r':'~,~ed '~"b',:::= v'~..,.::. fjZ~::a'5':;ra cf &ZZ ';:t,,;ty,'~Z;;t i: .....,.., ............. .......3.c. xls'brqlc'SjLo::: axd ik:';~:,'talla'Uic, n c.f s'cro~'cs all :..:::~ :.'C;.:/[/~5i,:D:Z:L;~ OZ' +'his aE':z~'c,~'n:Lc::t &re .uu,~,j,act ~o ;::;Ez::(.}, .E;tLy-:~:s...icn'C ;fiZz.ill ]:D:D nu~li and void and of no forca !:::;.roacr~'~s %o b.e e:.ceout,~d~ in dupli~te~ the day an~ y,$~r- firs'~ ~ h,ereinabovo written. q r 7.,jrv,'~ ?. O': ~2~:~;~-~ O Cli~' CZ' a m'anicipai corpora'b!.cn~ SEAL)