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Home My WebLink About123-06 • • RESOLUTION NO. 123:-.06 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS Assessor Parcel Number 182-52-009 WHEREAS,the Town is a public body corporate and politic and is vested with the power of eminent domain to acquire the real property interest described herein by virtue of Article 1, Section 19, of the Constitution of the State of California, and Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1240.410, 1240.610 and 1250.110 of the Code of Civil Procedure of the State of California, and Sections 37350.5 and 40404 of the California Government Code. WHEREAS, it is desirable and necessary for the Town to acquire the real property interest described herein. The purpose of acquiring the real property interest,namely the open space dedication is so that the Town can sell the land unencumbered to a third party and use the proceeds from the sale to purchase alternate property that will be used for open space purposes (the"Project"). As currently configured and located,the property encumbered by the dedication is not the ideal location for an open space use. Alternate property within the Town would best serve as open space property. WHEREAS,the property interest to be acquired is generally located at Story Hill Lane at Page Mill Road,Los Altos Hills, California(the "Subject Property Interest") and is more particularly described in Exhibit A and depicted on Exhibit B, which exhibits are incorporated by this reference. WHEREAS,the Subject Property Interest is to be acquired for a public use,namely for open space purposes. WHEREAS,pursuant to the provisions of Section 7267.2 of the Government Code of the State of California,the Town has made an offer to the owner(s) of Subject Property Interest for just compensation. WHEREAS,pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California,notice has been duly given to all persons whose property interest may be acquired by eminent domain and whose names and addresses appear on the last County of Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of the Town on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the 869607-1 • • manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the Subject Property Interest sought to be acquired is necessary for the Project; and (d) Whether the offer to purchase required by Government Code Section 7267.2 has been submitted to the owner or owners of record of the Subject Property Interest. NOW, THEREFORE, THE CITY COUNCIL, DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE as follows: 1. The public interest and necessity require the Project. 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. The property interest sought to be acquired is necessary for the Project. 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owner(s) of Subject Property Interest. 5. The City Attorney of the Town or his duly authorized designee is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the interests aforesaid and to take such actions as he may deem advisable or necessary in connection therewith. 6. An order for prejudgment possession may be obtained in said action and a warrant issued by the Town payable to the State Treasury Condemnation Fund, in the amount determined by the court to be deposited, as a condition of the right of prejudgment possession. The foregoing Resolution w ,assed opted at a regular meeting of the City Council of the Town held on the 1? day of W, 2006 by the following vote: AYES: warshawsky,. Jones, Kerr; Mordo and O'Malley NOES: None ABSENT:None ABSTAIN: None ayor ATTEST: City Clerk 869607-1- • • LEGAL.DESCRIPTION. • REAL PROPERTY in the City of the Town of Los Altos Hills, County of Santa Clara. Stake of California, described as follows: • Parcel A, as shown on that certain Map entitled, 'Tract No. 6518,' which Map was Med in the Office of the Recorder of the County of Santa Clara,State of California on August 27, 1979 in Book 448 of Maps,page(s)35- 39. • APtit:182-52-009 I pi/ NO `,/,:•34yOJLA "r,,c:, .7 ., , + 1 f .i) n 1. .ls-s 1 c-rx= } 'N ^\ „^ .{^•A;.a..1".'.� 3..•- 9ce 'Sheat \ a\No. 4 N 0 • 20 0 1/4 (Al& U ` 1I�I��I��'�/r 'i^fie44-, St;J•., 3" L.3142' t' 1- i%4/..i.- It . . .-y•'''- \ 1,>. • `,ma• y p Ali)s � n,% =„a 1.o b LOT Two .. ti a2 � \, 4 ti 02Z, OFFERED FOE DEDICATION TO 1-4.1E TOWN 4..124'0149 '•, -iJ. ;:ice OF LOS ALTOS -FTILLS 1=0R OPEN SPACE L.loeza' /j�� • s�"i��y D+144059' �•"�- ♦ �7\ 6. .,..;f4;1.::-...1::;'PUC R.275' n0 • a�va1 P�OiaCLI.. l� may¢'"; `- '°` s L';a.. a` do ?UV At •� \ti P� 1.80 Acn¢s „;,,,A--- -44,';:r4'",.1,:- ' a; pCe • 10'PU5 _� C 0 O �t 11011 i T 881.12'38"E CR2„1 o N0 ..fp . ,.0,•D /•42:;1 ,. lr01.1S'f Oi 874'2q' \\y0/ /No Vehicular 4v _� Ig8.92 s 05 • 4.40.d. Access ...•J.o to 4e4•06 �� f9 04. ke li . 4..., acv NDO'rg .=___ o, o. AO- Boa.Uead/Aonumant'. Ro,�4 e4•.$ N ‘‘,..1(4"4,_____1;.___. ---- II ,.Box •� J N335102 V/ 1.• RP'RS BASIS OF BEARINGS uy g co 7' A,4Q' o. THE BEARING OF N 85 04'37"E OF THE MONUMENT LINE ,i� , OF ALEXIS DRIVE AS SAID DRIVE IS SHOWN ON THE MAP OF 3 O�/ 7� 4. TRACT NO.2613 FILED FOR RECORD IN BOOK 141 OF MAPS,AT °°°!// ti PAGES 40 AND 41, SANTA CLARA COUNTY RECORDS, WAS TAKEN Vim•' /$b:// 4• P6 AS THE BASIS OF BEARINGS FOR THIS SURVEY. . E is Fiss^ moo• ,q. /�'