HomeMy WebLinkAboutCity Council Resolution 675 RESOLUTION NO. 675
RESOLUTION AUTHORIZING EMINENT DOI~AIN PROCEEDINGS
WHEREAS the City of Saratoga plans the constructior~
of certain drainage facilities in said City, and it is
necessary for said public improvement that a storm drainage
easement on the hereinafter described real property for
the. installation of storm drainage facilities be acq~2irecT,
an.~ good cause appearing therefor,
NOW, the City Council of the City' of
Saratoga =does hereby resolve as follows:
Section 1: The statements in the preamble herec~.f
are hereby as findings of this Council. In act:~Jition,
it is hereby found and determined that the public rint-ere~L~.t
and necessity require the acquisition of the hereinafte~:
described easement in real property for the construction
of the above-described public improvement, arl.~J that such
property is necessary therefor. Said public= ir~z~prover~ztertt
is planned and located in a manner which will be most co!n-
patible with the greatest public good and the least
injury.
Section 2: Pursuant to Article I, Section 14 of the
California State Constitution, and Title VII, Part 3 of the
Code of 'Civil Procedure of saic] State, the City of Sarato~!i!~a
is hereby authorizect and empowered to take all. necessary
steps to acquire an easement and right of way for stor~n
and upon the real property ~escribel:~t
hereto and incorporated here in by
reference, by the power of eminent domain, and to obtain.
immediate possession of the same upon the commencement of
said proceedings, and the City Attorney of this City .~..~,~
hereby authorized and directed to commence said proceedings
in the proper court having jurisdiction thereof, and take
all necessary steps to proceed to and conclu~]e the conc]e~nna-
tion of said property in accord herewith. Said property'
to be ac uired, which is more particularly c.]escribed in
Exhibit 'qA" attached hereto, shall consist of a permanent
10 ft. storm drain easement together with a temporary
construction easement adjacent thereto.
Section 3: Upon direction of the City Attorney, the
City Treasurer shall draw his warrant payable to the C].ert~
of the Superior Court of the State of California in anti for
the County of Santa Clara~ in a sum. not to exceed. the a~::~c~u. nt
as determined by the City s Director of Public Works
being the fair market value of said easement, as and for a.
deposit for immediate possession in accord with Articl. e I,
Section 14 of the Constitution of' the State of Californi. a.
-1-
Section 4: Said. real property is more particularly
describe"d"f~"~ibit "A" attached hereto and
herein by reference.
The above and foregoing resolution was duly and
re!~ularly passed and adopted at a regular meetin~ of the
City Council of the City of Saratoga held on the _~5t~h day
Of September , 1973, by the following vote:
AYES: Councilmen Smith, Dw~'er, Bridges, Diridon add K.ra~.s
NO E S: None
ABSENT: None
-2-
EXHIBIT "A"
Parcel 1:
A perpetual right of way and easement for storm dra,inaJhe
purposes including the right to construct, recon~!~truct,
enlarge, operate and maintain the pipeline therefor, over
that certain parcel of real property located in the
City of Saratoga, County of Santa Clara, State of
consisting of a 10 ft. strip of land lying 5 ft. on ei~'her
si~e of the following describe~ centerline:
BE.GINNING AT a point on the Southerly line of Walnti;tz
Avenue (40 feet in width) distant thereon South 86° 4]'
East 66.59 feet from the Northwesterly corner of that
certain 3,488 Acre parcel of land shown on Recor~ of
Survey of the land of Mrs. Ralph W. Eaton, a map of
is recorded in Book 163 of Maps, Page t8 Records of
Santa Clara County; thence South 3° 19' ~'est 5.00 feet;.
thence South 41~ 40' East 105.0.0 feet; thence South 88
East 85.00 feet; thence North 60~ 36' East 70.00 feet
the approximate center of the existing channel of SaratolI!i~a
Creek and the terminus of the above described easernen'17.
Containing 2,650 square feet (0.0608 Ac.) more or less.
TOGETHER WITH
Parcel 2:
A temporary right of way and easement for construction
purposes for a period of not to excee<] 45 days from ~!ate
of con%mencement of construction work, upon that certa~.n
parcel of real property located in the City of Sarato~a,
County of Santa Clara, State of California, described as
follows:
The Northerly most 200 ft. of Parcel 2 as saic~ parce.].
is shown on that certain map entitled "Record of Survey
of the land of Mrs. Ralph Wo Eaton", which r~a.p was
for record in the Office of the Recorder of the Co~.anty
of Santa Clara, State of California, on ,june 27, t963
Book 163 of Maps at Page 18 thereof.