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HomeMy WebLinkAbout80-86r • RESOLUTION NO. 80-86 A RESOLUTION OF THE CITY OF THE. TOWN OF LOS ALTOS HILLS DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES LOCATED IN THE VICINITY OF FREMONT ROAD RESOLVED, by the City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, the City of the Town of Los Altos Hills (herein called the "TOWN") pursuant to Resolution No. 65-86 , adopted on May 7 , 1986 , announced its intention to acquire certain interests in real property within the city limits of the TOWN (more fully described in Exhibit, "A" attached to Resolution No. 65-86) by negotiation or condemnation, for a project to construct road and bicycle path and related improve- ments along and adjacent to Fremont Road between Edith Avenue and Miranda Avenue; and WHEREAS, on June 4&9 ,1986;his Council has received testimony and documentation from the Director of Public Works and from members of the public as to whether the public interest and necessity require the acquisition of the interests in real property hereinafter describ- ed, whether the project as planned will be compatible with the great- est public good and least private injury, and whether the property interests sought to be acquired are necessary for the construction of the aforementioned improvements; and WHEREAS, reasonable written personal notice and a reasonable . opportunity to appear has been given to each person in the project area; and WHEREAS, pursuant to Section 7267 .2 of the California Government Code, an offer was made to the present owner to purchase each of .'a fee interest and--easements=-for a-purchaseprice _e_qua1 to theappraisal - value-of: each. ;of -the res:pect.ive easements, • III NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HTT T S, as follows: Section 1. This Council, based upon the testimony and docu- mentation presented to such Council, finds: (a) That the acquisition of the interests in the here- inafter described real property will be for the purpose of a public road easement in the property described in Exhibit "A, " as described- hereinafter. • (b) That the acquisition of interests in the above- described real property is authorized by Section 37350 . 5 of the Government Code. • (c) That the interests in the real property sought to be acquired are more fully described in Exhibit "A" attached hereto and incorporated herein and made a part hereof by reference, -and the extent of the interests in real property to be taken, and the location thereof is shown on said -Exhibit "B" attached hereto. -• (d) That the public interest and necessity require the acquisition of the. public road easement proposed on the above- described real property., (e) That the project, as proposed, has been planned in- a manner that will be the most compatible with the greatest ' public good and the least private injury. - (f) That the interests in the above-described property ' are necessary for the acquisition of each of the proposed public road easement. (g) That the offer required by Section 7267. 2 of the Government Code has been made to .the owners of record of • the above-described real property. -2- III 111 Section 2 . The City Attorney is hereby authorized, on behalf of the City of the Town of Los Altos Hills to institute all necessary legal proceedings in furtherance of the purposes of this Resolution. PASSED AND ADOPTED by the City Council of the City of the Town of Los Altos Hills at a regular meeting thereof, held on the 4th day of June, 1986 , by the followingroll call 'vote: AYES: Coun c i lmembe rs : Dronkert,. Fuhrman, Tryon and van Tamelen NOES: Councilmembers : None ABSENT: Cbunci lmembers : Rydell MAYOR ATTEST: CITY CL RK • Reso. #80-86/Page.two -3- • CONSTRUCTION AND PUBLIC UTILITY EASEMENT DESCRIPTION All that certain real property situate in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows : Beginning at the intersection of the northeasterly line of Fremont Road (40 feet wide) with the northwesterly line of Edith Avenue (40 feet wide) as said Road. and Avenue are shown on that certain map entitle "Subdivision of Lot 4 of the Taaffe Partition in the Rancho Purissima Concepcion" which map was recorded in Book I of Maps at Page 73 , records of Santa Clara County; Thence from said point of beginning and along said northeasterly line of Fremont Road N58-36-00W, 271. 13 feet; Thence N67-38-40W, 273.12 feet; Thence along the south easterly line of said Fremont road N4-21- 50E, 39 .36 feet; Thence leaving last -named line and along a curve to the left from a tangent that bears S14-05-57E and having a radius of 70 .00 feet . through a central angle of 52-32-43 an arc distgance of 64 .20 feet to a point distant northeasterly 10.00 feet measured at right angles from said northeasterly line of Fremont Road; Thence on a parallel line to said northeasterly line S.67-38-40E, 109 . 49 feet; - Thence leaving last said parallel line on a tangent curve to the right having a radius of 1 ,530 feet through a central angle of 9-02-40 an arc distanbce of 241 .52 feet to a point distant northeasterly 10 .00 feet measured at right angles from said northeasterly line of Fremont Road; - Thence parallel to last named line S58-36-OOE, 121 .09 feet; Thence S31-24-00W, 10.00 feet to the True Point of Beginning, EXCEPTING THEREFROM THE PREVIOUSLY DESCRIBED PARCELS "A" and "B" FEE TITLE DESCRIPTIONS. Exhibit "A" -1- . 411 ' _ LEGAL DESCRIPTION FEE TITLE PROPERTY .PARCEL "A" All that certain real property situate in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: Beginning at the intersection of the northeasterly line of Fremont Road (40 feet wide) with the northwesterly line of Edith Avenue (40 feet wide) as said Road and Avenue afre shown on that certain map entitled "Subdivision of Lot 4 of the Taaffe Partition in the Rancho Purissima' Concepcion" which map was recorded in Book I of Maps at Page 73 , records of Santa Clara County; Thence from said point of beginning N58-36-00W, 168 .0 feet, to a point; Thence N47-59-30E, 1.0 feet, to a point; Thence S58-36-OOE, 136.0 feet, to a point; Thence along a curve to the left with a central angle of 73-24-30 Radius of 40 feet, arc length 52 feet, to a point; Thence S47-59-30W, 31 .0 feet to the Point of Beginning. AND INCLUDING THE FOLLOWING PARCEL: PARCEL "B" : Beginningat the above described point of beginning, thence N58-36-00W 271.13 feet; thence N67-38-40W, 47.0 feet, to theTruePoint of Beginning of this Parcel "B" ; Thence N67-38-40W, 226. 12 feet, to a point; Thence N04-21-50E, 33.0 feet, to a point on a curve; Thence along that curve to the left which has a central angle of 50 degrees, a radius of 73 feet and an arc length of 72.0 feet; Thence S65-38-40E, 184.5 feet, to a point; Thence S22-21-20W, 2.0 feet to the True Point of Beginning. Exhibit "A" -2-