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HomeMy WebLinkAboutCity Council Resolution 858 RESOLUTION NO. 858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DETERMINING THAT THE PUBLIC INTEREST Al~q) NECESSITY RE, QUIRE THE ACQUISITION OF CERTAIN LANDS AND INTERESTS IN LiNDS AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS -- QUITO ROAD/WIIj)CAT C~EK W'!!ERi~A.S, a public bearing has heretofore been held before this Council pursuant to Code of Civil Procedure Section 1245.235, and a]l interested property o~'ners coinplying with the requira~nents of said code section have been heard, and W~AS, while this Council finds and detet~i~nes that the proposed taking of the hereinafter described real property or fntcrests in real property will not cause relocation of or displacement of any persons or direct losses to tangible per~c~al property within the te~s and ~an~..ng of Goven~ent C~:~,:~e ~ecti,~.~s 7260 through 7267.7, ncnethele,ss, this Cou~'~c il has heretofore caused an appraisal to be ma~Je of each of t~e [~arcels of rcal property or interests in real property and h.:~s offex'ed to said real property or interests in real property from each of owners thereof at no less than the appraised value thereof, and WHEREAS, this Council finds it necessary to adopt the within resolution of necessity, NOW, THEREFOil, the City Co~..~cil of the City of Saratoga hereby resolves, finds, ~eterr~ines ~d or<lets as foll_ows: Section 1: The public interest and necessity require the acquis~ion, construction and completion by the C~ty of Saratoga of a public improvement, namely: and the public interest and necessity require the acquisition of the hereinafter-descrtbed real property or interests in real property for the construction of the above-described public improvement, pursuant to Government Code Section 37350.5. Said public improvement and the proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury, and the property and interests in real property hereinafter described in this Resolution is and are necessary for the proposed project. Section 2: Pursuant to Article 1, Section 19 of the California State Constitution, and Title 7 of Part 3 of the Code of Civil Procedure of said State, and Government Code Section 37350.5, and all other applicable laws, the City of Saratoga is hereby authorized and empowered to take all necessary. steps to acquire a fee title to, and an interest, easement 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 so authorized and empowered to prepare and prosecute, in the name of this City, such proceeding or proceed- ings in the proper court having jurisdiction thereof as are neces- sary 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 C. ity to take in~nediate possession and use of all of said real property, or interests in real property, or any one or more of the parcels thereof, and to cause to be deposited with the Clerk of such court such security out of the proper funds under the control of this City in such amounts as are fixed and determined according to law, for one or more or all of the parcels of said real property, and to take such other and further steps as are deemed necessary to proceed to and conclude. the condemnation of said real property and interests in real property in accord herewith for the above-described public imprOve- ments. Section 3: The real property and interests in real property w~6~'F~'City of Sarato.%a is by this resolution authorized to acquire for said public improvements add project, is and are as follows: (a) A right of way and easement for flood control and storm water drainage purposes in andI over, that certain parcel of real property described in Exhibit "A-l" attached hereto; (b) A fee simple interest in that real property attached hereto and marked Exhibit "A". (c) A fee simple interest in that certain real property described in Exhibit "B" attached hereto; (d) A right of way and easement for flood control and storm water drainage purposes over that certain strip of land described in Exhibit "B-l" hereof; -2- (e) A right of way and easement for flood control and storm water drainage purposes in and over that certain real property described in Exhibit "C" hereof; (f) A right of way and easement for flood control and storm water drainage purposes in and over that certain parcel of real property described in Exhibit "D-l" hereof; (g) A fee simple interest in that certain real property described in Exhibit "D" hereof; The location of each of said parcels of real property is shown and delineated on the map attached hereto marked Exhibit "E" and incor- porated herein by reference. The above a~d 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 7th day of June 197 8 , by the following vote: AYES: (;Ounciir. en ICalb, htaiteoni, Callon, Krau~ & NOES: N~e ...,,/ ABSENT: No,e MAYOR ATTEST: EX|tIBIT "A" PUBLIC STREET All that certain real property situate in the City of Saratoga, County of Santa Clara, State of Col ifornla, described as follows: BEGINNING at a point along ~he Easterly line of Quito Road whlch bears North 84° 40' 00" East 20.00 feet from the South- westerly corner of that certaTn parcel of land described in the indivldual grant deed from Alfred V. Machado et ux to Alfred V. Machado, etux, as Community Property, recorded March 25, 1976, in BoDk B 934 of Official Records, page 641 et seq., Santa Clara County Records, said Southwesterly corner also being a point on the centerline of Qulto Road as described in said deed; thence from said point of beginning along sold Easterly line of Qulto Road North 5° 20' 00" West 69.08 feet to a point in the centerllne of Thompson Creek as ctes- cribed in said deed; thence leaving said Easterly line Qulfo Road along said centerllne of Thompson Creek North 48~ 01' 00" East 37.39 Feet; thence leaving said centerllne along a llne parallel with and distant 50.00 feet North- easterly measured at right angles from said cenierline Quito Road , South 5° 20' 00" East 61.67 feet to a point in the Southerly llne of the land described in said deed; thence . along said Southerly tlne South 84° 40' 00" West 30.00 feet to the point of beginning, containing 0.055 acre of land .. more or less. EXHIBIT "A-I" FLOOD CONTROL AND STORM WATER DRAINAGE All that certain real properly situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: BEGINNING at a point along the Easterly line of Qulto Road, which bears North 84e 40' 00" East 20.00 feet From the Southwesterly corner of that certain parcel of land described in the individual gra.nt deed from Alfred V. Machorio, etux, to Alfred V. Machado, et ux as community property, recorded March 25, 1976, in Book B 934 of Officlal Records, page 641 et seq., Santa Clara County Records, said Southwesterly corner also being a point on the cer~teHine of Qulto Road as described in said deed; thence from said point of beginning along said Easterly llne of Qulto Road North 5° 20' 00" West 69.08 feet fo a point in the centerllne of Thompson Creek as described in said deed~ thence leaving saTd Easterly llne of Quilo Rood along said centerllne of Thompson Cree~c North 48° 01' 00" East 37.39 feet to the TRUE POINT OF BEGINNING of this des- cription; thence from said true point of beginning and continuing along said creek centerline the two following courses and distances North 48° 01' 00" East 32.55 feet and North 62© 46' 00" East 1 | .92 feet; thence leaving said creek centerllne South 38° 20' 00" East 24.17 feet; thence South 5|° 40' 00' West 60.38 feet to a point in a tlne parallel with and distant 50.00 feet North- easterly~ measured at right angles from the centerllne of Quito Roa.:/as descr;l~ed in said deed; thence alo,'~g sa[d parallel llne . North 5" 20' 00' West 29.73 feet to the true point of beginning, containing 0.031 acre of land more or less. EXHIBIT "B" PUBLIC STREET All that certaln real properly situate in the City or Saratoga, County of Sar~ta Clara, State of California, described as follows: BEGINNING at a point along the Easterly line of Qulto Road whlch bears North 84<' 40' 0O" East 20.00 feet from the North- westerly corner of that certain parcel of land descrTbed in the quitclaim deed from Eunlce C. Graves to Regina~d H. Graves rec. orded December 18, 1945 in Book 1323 of Official Records, page 80 et seq.; thence {rom said polnt of beginning along sald Easterly line South 5`> 20' 013" East 331.54 Feet to a point in the centerl 1ne of Thompson Creek as described in .,a[d deed; thence along said creek centerline North 48° 01' 03" East 37.39 feet; thence leaving said creel~ centerline North 10<' 52' 29" West 280.44 Feet to the poTnt of beginning con- raining 0. 114 c~cre of land more or less. EXHIBIT "B-l" FLOOD CONTROL AND STORM WATER DRAINAGE All that certain real property sltuate in the City of Saratoga, County of Santa Clara, State of CaliFornla descrlbed' as Follows: BEGINNING at a point along the Easterly llne of Qulto Road which bears North 84<' 40' 00" East 20.00 feet from the Northwesterly corner of that certaln parcel of !and described in the quit claim deed from Eunlce C. Graves to Reglnald H. Graves Recorded December 1945 in Book 1323 of Officlal Records, Page 80 et seq; thence from said polnt of beglnnlng along said Easterly line South 5° 20' 00" East 331.54 feet to a point in the centerllne of Thompson Creek as described in sald deed; thence along said creek centerllne North 48° 01' 00" East 37.39 Feet to the TRUE POINT OF BEGINNING of thls description; thence From sald true point of beginning contlnulng along said centerline of Thompson creek the two FollOwing courses and distances North 48<' 01' 00" East 32.56 feet and Nodh 62° 46' 00" East 11.20 Feel; thence l eavlng said creek centerline North 20' 00" West 18.35 feet; thence South 66`> 46' 00" West 35.50 Feet; thence South 10" 52' 29" East 30.24 Feet to the true point of beginning, containing 0.020 acre of land more or less. GRAVnS ( 2 ) EXHIBIT "C" FLOOD CONTROL AND STORM WATER DRAINAGE All that certain real property situate in the City of Saratoga, .County of Santa Clara, State of California, described as Follows: Being a portion of Lot 1 as shown on that certain map entitled "Tract No. 1195 - Peremont Tract" recorded December 15, 1953 in Book 46 o~: Maps at page 40 et seq. · being more partTcularly descrlbed as foIIows: BEGINNING at the Northeasterly corner of Lot 1, along the Westerly llne of Qulto Road as shown on said Map; thence From said point of beglnnlng along said Westerly llne South 5° 18' 45" East 15.38 feet to the TRUE POINT OF BEGINNING of this description; thence from said true point of beglnnlng continuing along said Westarty line South 5° 18' 45" East 10.48 Feet; thence leaving sald Westerly line South 84° 41' 15" West 46.21 feet; thence along a llne parallel with and distant 15.00 Feet Southeast- erly, measured at right angles from the Northerly llne of Lot 1, as shown on said Map· North 71~> 53' 10" East 47.38 Feet to the true polnt of beginning and contalnlng 0.006 acre of !and more or |esso BROWN (SIMPSON} (3) EXHIB~! "D" PUBLIC STREET All that certain real property s~tuate Tn the City of Saratoga, County of So nta Clara, State of California described as foIlows: A portion of Parcel B as shown on that certain record of survey recorded December 8, 1969 in Book 262 of Maps at Page 19, Santa Clara County Records, being more particularly described ' as follows: hIEGINNING at a point along the Westerly IZne of Qulto Road which bears South 71 ° 53' 10" West 20.50 t:eet from the Southeasterly corner of parcel B as shown on said Record of Survey; thence from said po~nt of beginning along the general Southerly I~ne of sald Parcel B South 71° 53' 10" West 10.26 Feet; thence leaving said Southerly line along a parallel llne distant thereon 30.00 feet Westerly from the centerllne of Qulto Road as shown on said Record of Survey North 5° 18' 45" West 27.00 feet; thence at right angles North 84° 41' 15" 1~ast 10.00 Feet to a point along the Westerly llne ot: said Qulto Road; thence along said Westerly ilne South 5e 18' 45" East 24.73 feet to the point of beginning, containing 0.006 acre of land more or less. EXHIBIT "D~i" FLOOD CONTROL AND STORM WATER DRAINAGE All that certaln real property situate in the City of Saratoga, County of Santa Clara, State of California, descrlbed as follows: A portion of Parcel B as shown on that certain Record of Survey recorded December 8, 1969 in I]ook 262 of Maps at page 19, Santa Clara County Records, being more particularly described as follows: BEGINNING at a polni along the Westerly llne of Qujto Road which bears South 71 o 53' 10" West 30.76 feet From the South- easterly corner of Parcel B as shown on said Record of Survey; thence from said polnt of beginning along the general Southerly lines of said Parcel B the two following courses and distances South 71 ¢~ 53' 10" West 48.95 Feet and South 85° 48' 30" West 37.27 feet; thence leavlng said Southerly line North 5° 18' 45" West 22.12 Feet; thence at right angles North 84° 41' 15" East 56.79 J:eet; thence North 56° 41' 15" East 31.95 feet to a point in a llne parallel with and distant 30.00 feet Westerly from the centerline of Quito Road as shown on said Record of Survey; thence along said Parallel line South 5° 18' 45" East 27.00 Feet to the point of beginning, containing 0.043 acre of land more or less. JENSEN ( 4 ) 50'