1983-025-Necessity, Winchester Boulevard Widening Knowles Drive To Wimbledon DriveRESOLUTION NO. 1983 -25
RESOLUTION OF NECESSITY
WINCHESTER BOULEVARD WIDENING k1VOWLES DRIVE TO WIMBLEDON DRIVE
PROJECT NO. 263 -GF
WHEREAS, on 1/3/83, the Town Council of the Town of Los Gatos hold a
hearing after notice given to the persons and in the manner required by Code of
Civil Procedure Section 1245.235.
RESOLVED:
1. The public interest and necessity of the Town of Los Gatos require the
taking of the real property or interests in real property shown on the attached
Exhibit "A ", which is incorporated in this Resolution by reference (in fee simple
absolute unless a lesser interest is described), for city street purposes, a public
use, under authorization of Government Code, Section 37350.5 and the construction
of public street improvements including pavement, curbs, gutters, sidewalks, storm
drainage facilities, and installation of street trees, street lights, and under-
ground utilities thereon. -
2. The Town Council finds and determines:
(a) The public interest and necessity require the proposed project
because improve ent and widening of Winchester Boulevard is neces-
sary to alleviate street deficiencies.
(b) The taking and acquisition of the foregoing property is necessary
for such public use, and it is necessary for the Town of Los Gatos
to condemn and acquire such property.
(c) The proposed project is planned and located in the manner that will
be most compatible with the greater public good and the least
private injury because alignment of roadway is established in
official plan lines and is consistent with the General Plan, zoning
and existing street pattern of the area. The street improvements
conform to the existing improved street at each end of the project.
The property owners will be coTensated for right -of -way provided.
(d) The property described in this Resolution is necessary for the
project because there is not sufficient right -of -way for the proposed
project to be constructed unless the property is acquired. If said
property is not acquired, a short section of unimproved road will
encroach into the roadway causing a discontinuity and traffic
hazard.
(e) The offer required by Goverment Code Section 7267.2 has been made
to the owner of record of the subject property.
3. The Town Attorney of the Town of Los Gatos is directed to commence an
action in the Superior Court to condemn and acquire in the name of the Town of Los
Gatos, said property for the use of the Town
PASSED AND ADOPTED at a regular meeting of the Town Council of the Tom of
Los Gatos held on the 7th day of February, 1983, by the following vote:
ATTEST
AYES: COUNCILMEMBERS Joanne Benjamin, Terrence J. Daily, Thoms J.
Ferrito, MarLyn J. Rasmussen
NOES: COUNCIIMFI4BER Mavor Brent N. Ventura
ABSTAIN: COUNCIUOIBERS None
SIGNED:
Cl ..k of the Town of Lo a�los
-2-
TOWN OF LOS GATOS
WING ESTER BLVD. IMPROVEMENTS
PROJECT' 263 -G.F.
Description of Acquisition to
be made from Phili2 Vlamis
All that certain real property in the Town of Los Gatos,
County of Santa Clara, State of California, described as follows:
Beginning at a 3/4 inch pipe on the Southerly line
of the 41.90 acre tract of Pietro Taormino, as
recorded in Volume 513 of Deeds at Page 550,
Official Records of Santa Clara County, from which
an old 2 inch by 3 inch stake marked "NP' in the
Easterly line of San Tomas Aquino Road bears on
a line North 800 19' West 180.88 feet and said
3/4 inch pipe also being on the Westerly right-of-
way line of Winchester Boulevard; thence along said
right -of -way line South 310 41' West 80.86 feet to
a 3/4 inch iron pipe; thence North 800 19' West
20.49 feet to a point; thence running parallel to
and distant 19.00 feet measured at right angles
from said Westerly right -of -way line North 310 41'
East 80.86 feet to a point; thence South 800 19'
East 20.49 feet to the Point of Beginning.
Containing 1,536 square feet of land, more or less.
Prepared May 28, 1982 by:
7777--oa 71T 0
R.C.E. #15121
EXHIBIT "A"
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