HomeMy WebLinkAboutCity Council Resolution 676 RESOLUTION NO. 67..__fi..6..
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS
WHEREAS the City of Saratoga plans the construction of
certain pedestrian walkway facilities in said City, along Saratoga-
Los Gatos Road, and it is necessary for said public improvement
that a pedestrian walkway right-of-way and easement be acquired
on the hereinafter described real property for the installation
of said public improvement, and good cause appearing therefor,
NOW, THEREFORE, the City Council of the City of Saratoga
does hereby resolve as follows:
Section 1: 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 easement in real property for the construction
of the above-described public improvement, and that such property
is necessary therefor. Said public improvement is planned-and
located in a manner which will be most compatible with the greatest
public good and the least private 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 said State, the
City of Saratoga is hereby authorized and empowered to take all
necessary steps to acquire an easement and right-of-way for
pedestrain walkway purposes along and upon that certain ten foot
strip of real property described in Exhibit "A" attached hereto
and incorporated herein by reference, by the power of eminent
domain, and to obtain immediate possession of the same upon the
co~mlencement 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 take all
necessary steps to proceed to and conclude the condemnation of said
property in accord herewith.
Section 3: Upon direction of the City Attorney, the
City Treasurer shall draw his warrant payable
to the Clerk of the Superior Court of the State of California in
and for the County of Santa Clara, in a sum not to exceed the amount
as determined by the City's Director of Public Works as being the
fair market value of said easement, as and for a deposit for innmediate
possession in accord with Article I, Section 14 of the Constitution
of the State of California.
Section 4: Said real property is more particularly
described in Exhibit "A" attached hereto and
incorporated herein by reference.
The above and foregoing resolution was duly and regularly
passed and adopted at a regular meeting of the City Council of the
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City of Saratoga held on the .19th. day of ...... September , 1973,
by the following vote:
AYES: Councilmen Smith, Dwyer, Bridges and Diridon
NOES: None
ABSENT: councilman Kraus
ATTEST:
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EXHIBIT "A"
All of the certain real property situate in the City of
Saratoga, County of Santa Clara., State of California, more
particularly described as follows:
Beginning at a point on the Southwesterly line of Sara. toga.-
Los Gatos Road a.t the most Easterly corner of land described in
Deed to Belle McGuire Bakewell, recorded Sep'tember 24, 1937 in
Book 844 of Official Records, page 173; thence South 43° 55' 00'1
East along said Southwesterly line of said road 139.28 feet more
or less to the most Northerly corner of land described in Deed to
Beatrice H. King, recorded April 11, 1924 in Book 80 of Official
Records, page 206; thence South 45° 31' 00" West along the North-
easterly line of land described in Deed to King i0.00 feet; thence
North 43° 55' 00" East along a line parallel to and 10.00 feet
South of the aforementioned Southwesterly line of Saratoga-Los
Ga. tos Road 139.28 feet more or less; thence North 45° 31' 00"
East along the Southeasterly line of land described in Deed to
Bakewell 10.00 feet to the point of beginning.
Description of property to be condemned from Cermak for Highway
Walkway.
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