HomeMy WebLinkAboutCity Council Resolution 855 RESOLUTION" NO. 855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
LANDS AND INTERESTS IN LANDS AUTHORIZING THE COM-
MENCEMENT OF EMINENT DOMAIN PROCEEDINGS --
QUITO ROAD/WILDCAT CREEK
The City Council of the City of Saratoga hereby resolves, finds,
determines and orders as follows:
Section 1: The public interest and necessity require the acqui-
sition, construction and completion by the City of
Saratoga of a public improvement jnamely, the replacement of the existing
bridge structure and the appurtenant roadway and creek improvements, and
the public interest and necessity require the acquisition of the herein-
after described real property or interests in real property for the construction
of the above-described public improvement, and said property, and an ease-
ment and right-of-way in and over said property, is necessary therefor.
Said public improvement and the proposed project is planned and located
in the manner that will be most compatible with the greatest public good
and the least private injury, and the property hereinafter described is
necessary for said proposed project.
Section 2: Pursuant to Article 1, Section 19 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 a fee title to, and
an interest and right-of-way in, over, under and along the hereinafter
described real property, or interests in real property, by condemnation,
for the purpose of the above-described public improvements, and to obtain
immediate possession of the same upon the commencement of said proceedings.
In furtherance thereof, the City Attorney of this City is hereby authorized
to prepare and prosecute, in the name of this City, such proceeding or pro-
ceedings in the proper court having jurisdiction thereof as are necessary
for such acquisition, and to make application to said court for an order
fixing the amount of such security in the way of money deposits as said
court may direct, for one or more of the parcels of said real property,
and to apply for and secure an order permitting this City to take immediate
possession and use of all of said real property, or interests in real pro-
perty, or any one or more of the parcels thereof, and to cause to be de-
posited such security out of proper funds under the control of this City,
in such amounts fixed and determined, and in such manner, as said court
in which said condemnation proceedings are pending may direct, for one,
more or all of the parcels of said real property, and to take such other
and further steps as are necessary to proceed to and conclude the con-
demnation of said real property in accord herewith for the above-described
public improvements,
Section 3: The real property and interests in real property which
the City of Saratoga is by this resolution authorized
to acquire for said public improvements and project, is and are as follows:
(a) A right of way and easement for public street purposes over
that certain parcel of land described on Exhibit "A" attached hereto and
incorporated herein by reference (Quito Road).
(a.1) An easement for flood control and storm water drainage pur-
poses over that certain parcel of land described on Exhibit "A-I" attached
hereto and incorporated herein by reference (Wildcat Creek).
(b) A right-of-way and easement for public street purposes over
that certain parcel of land more particularly described on Exhibit "B"
attached hereto and incorporated herein by reference (Quito Road).
(b.1) An easement for flood control and storm water drainage
purposes over that certain parcel of land described on Exhibit "B-l"
attached hereto and incorporated herein by reference (Wildcat Creek).
(c) An easement for flood control and storm water drainage pur-
poses over that certain parcel of land described on Exhibit "C" attached
hereto and incorporated herein by reference (Wildcat Creek).
(d) A right-of-way and easement for public street purposes over
that certain parcel of land more particularly described on Exhibit "D"
attached hereto and incorporated herein by reference (Quito Road).
(d.1) An easement for flood control and storm water drainage
purposes over that certain parcel of land described on Exhibit "D-l"
attached hereto and incorporated herein by reference (Wildcat Creek).
The location of each of said parcels of real property is shown
and delineated on the map attached hereto marked Exhibit "E" and in-
corporated herein by reference.
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 thereof held on the 17th day of May, 1978 by the following vote:
AYES: Councilmen Kraus, Callon, Matteoni, & Kalb
NOES: Councilwoman Corr
ABSENT: None
fOR
ATTEST:
C