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HomeMy WebLinkAboutCity Council Resolution 498 RESOLUTION NO. 498 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS WHERAS, the City of Saratoga plans the revision and improvement of Quito Road and Maud Avenue, public streets in said City, at their intersection thereof, and it is necessary for said public improvement that an easement over the hereinafter described real property be obtained therefor, NOW, City Council of the City of Saratoga does hereby resolve as follows: Section 1: The statements in the preamble hereof are Mezaby adopted as findings of this Council. It is further found ahd determined that the public interest and necessity require the' acquisition of the hereinafter described interest in real property 'for the construction of the above- described public improvement, and such property is necessary therefor. The proposed acquisition and improvement is planned and located in the manner which will be most compatible with the greatest ublic 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. Section 2: The public interest and necessity require the acquisition, construction, and completion of the Qutto Road-Maud Avenue intersection and appurtenances and work auxiliary thereto, and the .acquisition of a right-of-way and easement in, over, across and up, o,n, the parcels of land more par- ticularly described in Exhibit A' attached hereto and incorporated herein by reference, and the City of Saratoga is hereby authorized and empowered to take all necessary steps to acquire said ease- ment for public street purposes in and over said real property, by eminent domain, and to obtain immediate possession of the same upon the commencement of ,gaid proceedings, and the City Attorney of the City of Saratoga is hereby authorized and directed to commence said proceedings in the proper court having jurisdic- tion thereof, and to take all necessary steps to proceed to and conclude the condemnation of said property in accord herewith. 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 17th day Of SeDtember 1969 by the following vote: AYES: Councilmen T/ler, Dx~yer, Sanders , NOES: ~Ione ABSENT: Councilman Rob}~ins ATTEST: ,. EXHIBIT "A" PARCEL A POINT OF BEGINNING being South 89°54'25'' West 21.13' and North 18°43'E 21.13' from the point of intersection of the ¢ of Qui'to Road with the ~ of Maude Ave. as shown on that certain Record of Survey map filed for record on September 30, 1963 in Book 167 of Maps at Page 26, Santa Clara County Records, State of California. THENCE, leaving said Right-of-way line of Quito Road South 45° 10'56" West 103.38' to a point on the northerly right-of-way 1 ine of Maude Ave; THENCE North 89°54'25'' East along said Northerly right-of-way line to the POINT OF BEGINNING, containong 0.034 Ac. more or less. PARCEL B POINT OF BEGINNING being South 89~54'25" West 21.13' from the point of intersection of the ~ of Quito Road with the ¢ of Maude Ave. as shown on that certain Record of Survey Map field for record on September 30, 1963, in Book 167 of Maps at Page 26, Santa Clara County Records, State of California, THENCE North 18~43' East 21.13 THENCE South 89~ 54 ' 25" West 48.67 THENCE South 0° 05 ' 35" East 20.00' THENCE North 89° 54 ' 25" East 41.86 ' to the POINT OF BEGINNING, containing 0,021 Ac. more or less. RESOLUTION NO. 498 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. QUITO MAUD INTERSECTION 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 revise the intersection at Quito Road and Maud Avenue in and on the land hereinafter described, NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED as follows: 1. That the public interest and necessity require the acquisition, construction and completion of the Quito Maud intersection and appurtenances and work auxiliary thereto, in, over, across and upon the parcels of land more particularly described in Exhibit "A", attached hereto and by this reference made a part hereof, within said City of Saratoga, and the taking of the fee simple title for street and rock purposes and appurtenances in and to sa~d 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 he 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 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 2nd day of August, 1967 by the following vote: AYES Councilmen Dwyer, Sanders, Smith, Tyler NOES None ABSENT Robbins MAYOR ATTEST .,,,-Ei ~~ tb City of Serbia plmms the revision ~d improvement of Quits. Read and ~ A~, publle streets fo said at their ~Cers.ectt~ ~d i.t ~s necessary for t~t ~ eas~at over the hereinafter described real p'ro~rty be obliged t~re~r, ~, '~;~~,~ ~ City Co~eil of the City of dees ~reby resolve as Se~.~ 1: ~e statmnt.s in ~.he pre~e her~f are ...... as ~indings of this C.o~ctt. It ts further ~o~:d ~d that the ~51i~ intoeat ~d necessity require t~ :g.~ufsiti~ of' the he":eina~er descrtSed interest tn real ~o'r the .~nst~ueti~ of the ~ove- de. st r ibed ~ope'rty f s t~refor, ~e is ~ ~d l~ated in ~e~ vhieh vi~l be ~st compatible v'ith ~he Sreatest md the least private i~ , ~d all of said ~q siteted wl't~ t~ City ~ato~a, e:~ Santa C.~ara, Sta:te of Cali~om~. 2~t~2.c:T~ public lnteres~ ~d n~essi..ty requi~ ~ aeq~isit.'i~, e~st'mctl~, ~.d c~plet~ o~ the Qui~o ~ad~ A'~ue inte~secti~ and ap'purt~ces ~rk a~iliary thefete, ~..d the ~quisition of a ri.ght-of~ay ~d easiest the pamela of l~d ~re par- ticularP attached hereto and incorporated herein b the Cit~ of Saratoga is hereby ~t~rized ~d steps to acquire said ease- m~t S~'~lt o~r said real property, by ~i~en~ ~:im, md ~dia:te ~s. sesston of s.m u~ t~ e~~t o.~ ~:~d md the tit' A~to~ey' o~ the City ;O~ and Co c~c,e .said ~e proper court hayinS Jurisdic- ti,en ~reef, to. ~:a~: necessary steps to proceed to and cellos t.he e~mel~ of s.a~ pm~rty ~n accord T~ ~ove .~ ~oraSo~ re. solut~n was duly and lntrod~ed ~d ~ss,ed by the City C~il o~ the City of Saratoga at a regul~ ~a:t~g held on t~ 17th day of ~eptembe~ 1969, A~ST~ /tt EXHIBIT "A" PARCEL A POINT OF BEGINNING being South 89°54'25'' West 21.13' and North 18°43'E 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown on that certain Record of Survey map filed. for record on September 30, 1963 in Book 167 of Maps at Page 26, Santa Clara County Records, State of California. THENCE, leaving said Right-of-way line of Quito Road South 45° 10'56" West 103.38' to a point on the northerly right-of-way line of Maude Ave; THENCE ~orth 89~54'25" East along said Northerly right-of-way line to the POINT OF BEGINNING, containong 0.034 Ac. more or less. PAECEL B POINT OF BEGINNING being South 89~54'25'' West 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown on that certain Record of Survey Map field for record on September 30, 1963, in Book 167 of Maps at Page 26, Santa Clara County Records, State of California, THENCE North 18e43' East 21.13 THENCE South 89~54'25'' West 48.67 THENCE South 0~05'35'' East 20.00' THENCE North 89°54'25'' East 41.86' to the POINT OF BEGINNING, containing 0.021Ac. more or less. RssotuTzo 9 8. RESOLUTION ~ItlZING EHIIiENT ~1~ PROClOSINGS ~RAS, the City of Saratoga plans the revision and improvement of Quito Eoad and ~d Avenue, public streets in said City, at their intersection and it is necessary for said that an easement over the heretnafter described real property be obtained BOW, THE~EOP, E~,~.!~he City Council of the City of Saratoga does hereby resolve as follows: The statements in the preamble hereof are .hereby ado]~ted as findings of this Connot. 1, It is further found a~d that the interest and the ae;qutsitten of the hereina£ter described i~r the construction of the above- described public necessar therefor. The i s and located in ~e manner which will be most compatible wl..th the greatest ~ublic and the least private injury, and all of said acq situated within the City o£ Saratoga, of Santa Clara, State of California. Se~.ti;~ :2| The interest and necessity require the acquisition, and o~ the Quito Road-Maud Avenue intersection and appurtenances and work auxiliary thereto, .and the .acquisition of a right-of-way and easement in, over, across and the of land more par- ticularly described in Exhibit attached hereto and by emin:ont stud .ix% ~:~nediate possession of the same upon the cemme:~~t of ~.a~d , and the City Attorney of the City of Saratoga authorized and direct. ed to commence said proceedings in the proper court:: havin~ jurisdic.- tion t~reo~, ~d ~ t~ all necessary' steps to 'proceed to and occlude the c~dmtion o~ said property in accord her~ith, TM abo~ ~,d foreSoin~ resolution was duly ~d re~lsrl. y introduced ~d p. assed by the City Council of the City of at a regular meetin~ held on ~ lkh day of ~e~e~:>a~ 1969 A~S: cc, uncilmen Tyler, ])~wer, Sandarn, gmith" ...... " ~MS: None ' ~.SE~: C ounci ]man Robl3 tns ( ::" ~;:::::: ........... A~ST: /, ... EXHIBIT "A" PARCEL A ¶ POINT OF BEGINNING 'being South 89°54'25'' West 21.13' and North 18°43'E 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown onthat certain Record of Survey map filed for record on September 30, 1963 in Book 167 of Maps at Page 26, Santa Clara County Records, State of California. 'THENCE, leaving said Right-of-way line of Quito Road South 45° 10'56" West 103.38' to a point on the northerly right-of-way line of Maude Ave; THENCE North 89°54'25'' East along said Northerly right-of-way line to the POINT OF BEGINNING, containong 0.034 Ac. more or less. PAR CE L B POINT OF BEGINNING being sough 89°54'25'' west 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown on that certain Record of Survey Map field for record on September 30, 1963, in Book 167 of Maps at Page 26, Santa Clara County Records, State of California, THENCE North 18~43' East 21.13 THENCE South 89e54'25" West 48.67 THENCE South 0e05'35'' East 20.00" THENCE North 89~54'25'' East 41.86" to the POINT OF BEGINNING, containing 0.021 Ac. more or less. the City of Sara{,o~a plans the of Qui. to Koad ;~d ~d Avenue, public s~.~reet.~ in said City, at their in~ers~tt~ ~d tt is ~ec{+~s~.~'y fo~ said tmpro~nt t~t ~ eas~nt over th~ heretnafte:r de~cri. bed r{,l property be ob~.slned ~her{{~r ~ does hereby r'~solve ~ foll~s: ,.~ $~C:C!O~,.,i!:: ~e sts'~tS in the premn~jl..e her'e,of are .............. ~b' a.s ~.i'ndin~,.;s o'f~ thi...fi Council. It is further '[ound .~ Chat ~ pcblic inte'~'es't: .~d neces:sity ~qutre ~ ~uisiti~ of t'he he'~'*einsfte= described inte~st in re.a1 ~or the .e.~struccton of the ~-. described pub'lie is therefor. The ~'pro'~en'c a~d l~ated in ~er whi..ch wil. 1 be ~.i: co~:p.at i.b l.e ~i..~h ~he greatest p.ubl. ic ~d and ~he: 1..ea.$~ asia acquisit$o~ is Situated 'vit.hi.~n tha Ci..~y o~ Sarato~;a, ~ 8~ta clara, 8~ate o~ cali~omt..a. the acqui. sition, con ,tr'u,c of the q'ui.~o. '~a~d A:venu. inte~':a.c~ion. ~rk auxil i..s'ry thereto, and ~he acqui ~ttion o:.f' a. ri.g;~t-~>f-~sy and merit for pub.'.l.i.c st:feet pu.rpo s.e s i.:u a:!d o 'vet by rainant ~in., ~.d t.o .ob't.sin ~diate l~.ssession of: the s~ ~n the ~~.~nt of s.$'d pr,oeeedings. and the Oit' Attoney of the ,Cit':y' of Sarat. o~ t,t~ hereby au't. ho~i, zed I 1 to c~nc.e .'..~.i(' .p~t ~ngs. In Ch~~ pt'o, per .c:o'~jF,~ 'hlvi.~.g ju.'ri..sdt..c- ~lde the o~e{tion of said 'p~ope'rty i.n .aca.~,rd her~'i. th. The ~.ov8 .~d fo~,a~oing res.o'tu'~ion ~a:$ ,:itf"{...5~/' .aru;.d introduced ~d pa:s:sed by 'the City C.o~c'i. 1 of at a re~'lar '.~'hg '~:ld on t~ ~-Z~=L:,.~ day of by the fo11~ing A~S; Councilmen Tyler. ~.~er, Sanders~ ~mith ~ES: None /'( ': """:: EXHIBIT "A" PARCEL A POINT OF BEGINNING being South 89°54'25'' West 21.13' and North 18°43'E 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown on that certain Record of Survey map filed for record on September 30, 1963 in Book 167 of Maps at Page 26, Santa Clara County Records, State of California. THENCE, leaving said Right-of-way line of Quito Road South 45~ 10'56" West 103.38' to a point on the northerly right-of-way line of Maude Ave; THENCE North 89~54'25" East along said Northerly right-of-way line to the POINT OF BEGINNING, containong 0.034 Ac. more or less. PAR CE L B POINT OF BEGINNING being South 89~54'25'' West 21.13' from the point of intersection of the ~ of Quito Road with the ~ of Maude Ave. as shown on that certain Record of Survey Map field for record on September 30, 1963, in Book 167 of Maps at Page 26, Santa Clara County Records, State of California, THENCE North 18°43 ' East 21.13 THENCE South 89° 54 ' 25" West 48.67 THENCE South 0~05'35'' East 20.00" THENCE North 89~54'25'' East 41.86' to the POINT OF BEGINNING, containing 0,021 Ac. more or less. E X H I Zr' z T '~ " ,.t C,,~ ,~ £ ,' I "-- Z O ' 4t~3 °54 'ZS"~ 4~. ~7'- ~ ~ iI1~'" / 't ~'1.13' ,,, _ ,.. ~' /I/Cf.9°.5'4 '.Z,5"~'' /