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HomeMy WebLinkAbout1141 • • RESOLUTION NO. 1141 RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING CONDEMNATION FOR PUBLIC USE OF SPECIFIC PROPERTY 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 Council has determined to construct park and recreation facilities and a public works equipment storage facility generally between Purissima and Junipero Serra Freeway within the City of the Town of Los Altos Hills herein referred to as the "Project" ; and WHEREAS, the City Council has not to date adopted a Resolution of Necessity with respect to the following parcels of real property herein referred to as the "Property" which are within the boundaries of the Project and which are more fully described in Exhibit "A" attached hereto and which descriptions are incorporated herein for all purposes . NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS, as follows: 1. The City Council of the City of the Town of Los Altos Hills has found and determined each of the following: (a) The public interest and necessity require the Project. (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property is necessary for the Project. 2. The City. Council of the City of the Town of Los Altos Hills has found and determined that it is necessary to acquire the Property by eminent domain for public use, to wit, park and recreation facilities and a public works equipment storage facility described in Exhibit "A" attached hereto. 3 . The City Council of the City of the Town of Los Altos Hills is authorized to make such acquisition of the property described in Exhibit "A" for the purposes stated above pursuant to subsection (b) of Section 40401 and Sections 38002, 38010, 39732 and 37350. 5 of the California Government Code. 4. The CityCouncil h Cou c 1 of the Cityof the Town of Los Altos Hills hereby authorizes its City Attorney to take all actions necessary or appropriate to acquire the property described in Exhibit "A" by eminent domain and including, without limitation the initiation and prosecution of eminent domain proceedings with respect thereto. 5. This Resolution is adopted in accordance with Section 1245. 220 of the California Code of Civil Procedure. 6. This Resolution shall take effect immediately. Mayor ATTEST: City Clerk * * * * * * * I HEREBY CERTIFY that the foregoing Resolution was intro- duced and adopted at a regular meeting of the City Council of the City of the Town of Los Altos Hills on August 2, 1978 . City Clerk -2- EXHIBIT "A" The real property situated in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, described as follows: PARCEL 1 LOT TWENTY-EIGHT (28) AS LAID DOWN, DESIGNATED AND DELINEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION IN THE RANCHO LA PURISSIMA CONCEPCION, AS RECORDED IN BOOK "H" OF MAPS, PAGES 118 AND 119, RECORDS OF SANTA CLARA COUNTY, " AND WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THP. COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JUNE 25, 1894 IN BOOK "H" OF MAPS, PAGES 76 AND 77. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF JUNIPERO SERRA FREEWAY, AS SAID NORTH- EASTERLY LINE WAS ESTABLISHED BY DEED FROM WILBUR V. HENRY, ET UX,. TO THE STATE OF CALIFORNIA, RECORDED MAY 29, 1962. IN BOOK 5592 OF OFFICIAL RECORDS, PAGE 230. PARCEL 2 BEGINNING AT A POINT ON THE CENTERLINE OF PURISSIMA AVENUE, SAID POINT BEING. THE CORNER COMMON TO LOTS NUMBERED 28, 44 , 46 and 47, AS SAID LOTS ARE LAID OUT, DELINEATED AND NUMBERED ON THAT CERTAIN MAP ENTITLED, "MAP OF THE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF THE TAAFFE PARTITION OF THE RANCHO LA PURISSIMA CONCEPCION" , WHICH SAID MAP IS DULY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, STATE OF CALIFORNIA IN BOOK "H" OF. MAPS, PAGES 76 and 77, SAID POINT OF BEGINNING BEING MARKED BY A ONE INCH IRON PIPE FROM WHICH A 2" X 3" WHITE STAKE MARKED W.P. 28-44" BEARS SOUTH 41° 05' WEST TWENTY-ONE AND 02/100 (21. 02) FEET DISTANT; THENCE FROM SAID POINT OF BEGINNING SOUTH 41° 05' WEST ALONG THE LINE BETWEEN SAID LOTS NUMBERED 44 AND 28, 9. 83 CHAINS TO THE ORIGINAL ESTABLISHED CORNER FOR LOTS NUMBERED 44 AND 28 AND 29 , OF SAID SUBDIVISION THENCE AT A RIGHT ANGLE SOUTH 48° 55 ' EAST ALONG THE LINE BETWEEN THE LOTS NUMBERED 44, 29, 43 AND 30 AT 6. 02. CHAINS THE ORIGINAL ESTABLISHED CORNER FOR LOTS NUMBERED 44, 43, 29 AND 30 OF SAID SUBDIVISION, AND THENCE CONTINUING ALONG SAID LINE 3. 26 CHAINS A TOTAL DISTANCE OF 9.28 CHAINS TO A POINT ON SAID LINE BETWEEN LOTS NUMBERED 43 AND 30 MARKED BY A TWO INCH IRON PIPE STANDING AT THE NORTHWESTERLY CORNER OF 10 ACRE TRACT CONVEYED BY MABEL E. FEE, ET AL TO GEORGE R. CAPP, ET AL, BY DEED RECORDED ON MAY 25, 1925 IN LIBER 156 OF OFFICIAL RECORDS, PAGE 568 , RECORDS OF SANTA CLARA COUNTY, STATE OF CALIFORNIA; THENCE AT A RIGHT ANGLE NORTH 41° 05' EAST THROUGH SAID LOT NUMBERED 43, 392 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS CONTAINED IN THE DEED FROM WILBUR V. HENRY, ET UX, TO HARE, BREWER & KELLEY INC. , A CORPORATION, BY INSTRUMENT DATED OCTOBER 30, 1953 AND RECORDED NOVEMBER 5, 1953 IN BOOK 2752 OF OFFICIAL RECORDS, PAGE 512; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF RUNNING NORTH 48° 49 ' 20" EAST TO THE MOST WESTERLY CORNER THEREOF; THENCE ALONG THE NORTH- WESTERLY LINE OF THE SAID PARCEL OF LAND CONVEYED TO HARE, BREWER • & KELLEY, INC. , A CORPORATION, NORTH 41° 07 ' 50" EAST 363 FEET TO THE CENTER LINE OF PURISSIMA AVENUE AND THE MOST NORTHERLY CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE CENTER LINE OF SAID PURISSIMA AVENUE, NORTH 66° 50 ' WEST 350 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PORTION OF LOTS 43 AND 44 OF SAID TAAFFE SUBDIVISION OF LOT 2 AND PART OF LOT 1 OF TRF TAAFFE. .PARTITION OF THE RANCHO LA PURISSIMA CONCEPCION. EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING SOUTHWESTERLY OF THF NORTHEASTELY LINE OF JUNIPERO SERRA FREEWAY, AS SAID NORTHEASTERLY. .LINE WAS ESTABLISHED BY DEED FROM WILBUR V. HENRY, ET UX, TO THE STATE OF CALIFORNIA, RECORDED MAY 29, 1962 IN BOOK 5592 OF OFFICIAL 'RECORDS, PAGE 230.