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1983-140-Project No. 238-GF Saratoga Avenue WideningRESOLUTION NO. _12L3-140 RESOLUTION OF NECESSITY PROJECT NO. 283 -GF SARATOGA AVENUE WIDENING WHEREAS, on July 18, 1983, the Town Council of the town of Los Gatos held a hearing after notice given to the persons and in the manner required by Code of Civ- il Procedure Section 1245.235. RESOLVED: 1. The public interest and necessity of the Town of Los Gatos require the tak- ing of the real property or interests in real property shown on the at- tached 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, Sec- tion 37350.5 and the construction of public street improvements including pavement, curbs, gutters, sidewalks, storm drainage facilities, and in- stallation of street trees, street lights, and underground utilities thereon. 2. The Town Council finds and determines: a. The public interest and necessity require the proposed project because improvement and widening of Saratoga Avenue is necessary 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 in- jury 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 compensated 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 Government 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 ac- tion 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 reEular meeting of the Town Council of the Town of Los Gatos held on 18th day of July , 1983 by the fol- lowing vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Terrence J. Daily, Thomas J. Ferrito and Mayor Brent N, Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS MarLyn J. Rasmussen SIGNED: ATTEST: CLLRK THE TO1IrJN 0- F LOS GAT Q, L -2-