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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" p m diA/C ,NcST�� FXt- ?!C�tT