1989-060-Initiate Eminent Domain Proceedings For Necessary land Acquisition For The Town Downtown Parking Assessment DistrictRESOLUTION NO: 1989 -60
RESOLUTION OF NECESSITY AUTHORIZING AND DIRECTING THE TOWN
ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS FOR NECESSARY
LAND ACQUISITION FOR THE TOWN OF LOS GATOS DOWNTOWN PARKING
ASSESSMENT DISTRICT
WHEREAS, it is proposed that the Town of Los Gatos ( "Town ") acquire
the hereinafter described real property, or interest therein, for the purpose
hereinafter described; and
WHEREAS, the Town of Los Gatos may exercise in its own name the right
of eminent domain for the acquisition of real property or interest therein for
use in connection with the proposed public improvement pursuant to Government
Code Section 37350.5, and Title VII, Chapter 3, Article 1 of the California
Code of Civil Procedure; and
WHEREAS, the real property or interest therein sought to be acquired
is located within the territorial limits of the Town; and
WHEREAS, the Town has established the amounts believed to be just
compensation for the hereinafter described real property or interest therein
sought to be acquired; and
WHEREAS, the Town has offered to the owners of said real property or
interest therein the full amounts established as just compensation for said
real property or interest therein sought to be acquired; and
WHEREAS, the Town has provided said owners of such real property or
interest therein a written statement of and summary of the basis for the amount
established as just compensation for the real property or interest therein; and
WHEREAS, the owners of the real property or interest therein sought to
be acquired have refused the offer of the amount so established as just
compensation for such real property or interest therein; and
WHEREAS, pursuant to the provisions of California Code of Civil
Procedure, Section 1245.235, each owner of the real property or interest
therein sought to be acquired whose name and address appears on the current
Equalized County Assessment Roll has been sent a Notice of Intention To Adopt a
Condemnation Resolution, has been provided with an opportunity to appear and be
heard on the matters referred to in California Code of Civil Procedure Section
1240.030.
NOW, THEREFORE BE IT RESOLVED that the Council of the Town of Los
Gatos finds and determines and hereby declares as follows:
1. That the public interest and necessity require the acquisition,
construction, completion, and maintenance by said Town of a public
improvement, upon, over, across, and in certain real property
hereinafter described, which said public improvement is described as
the Town of Los Gatos Downtown Parking Assessment District Parking
Structure.
2. That the public interest and necessary require the proposed
project.
3• The proposed project is planned or located in the manner that will
be most compatible with the greatest public good and the least private
injury.
4. That the property described in the resolution is necessary for the
proposed project.
BE IT FURTHER RESOLVED by this Council of the Town acquire by
condemnation for the uses and purposes of such public improvement the real
property or interest therein, identified, described and set forth in Exhibits
A, B, C, D and E.
BE IT FURTHER RESOLVED by this Council that the Town Attorney is
hereby directed, required, authorized and empowered:
a. To institute, maintain, and prosecute, in the name of the Town, an
action and proceedings in the Superior Court of the State if
California, in and for the County of Santa Clara, in eminent domain
for the condemnation of said interest in real property hereinabove
described, for the uses and purposes hereinafter stated, and to take
all steps necessary for the said condemnation in the name of said
Town; and
b. To take such steps, including deposit of probable just
compensation, as may be required by Section 1255.010 et. seq. and to
seek an Order For Pre - Judgment Possession of the subject property
prior to judgment in the eminent domain proceedings hereby authorized.
-2-
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 1st day of May
1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Robert L. Hamilton
Brent N. Ventura, Mayor Joanne Benjamin.
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS Thomas J. Ferrito
ABSENT: COUNCIL MEMBERS
SIGNED:
MA R OF THE TOWN LOS GA�OS
J
ATTEST:
i
CLERK OF THE TOWN OF LOS/
ATTNY:DISK4:RESO NECES
-3-
1,iAR 13 'E3 17:T3 r CuJLK - =AH
March 13, 1989
✓1
Portion of Alley owned by Groen
(containing 17 square feet)
Beginning at a point in the Southwesterly line of Gray's Lane at the most
ct deeded to M.J. Vertin by T.M. Widby, et
Easterly corner of that certain tra
5, and recorded in Book 285 of Official
al, by deed dated November 26, 192
Records, page 35, in the office of the County Recorder of Santa Clara County,
California, and running thence along the Southeasterly line of said tract,
S.28032'W. 23.52 feet, and running thence N.24057'E. 23.48 feet to a point on the
Southwesterly line of Gray's Lane and running thence along the Southwesterly line
of Gray's Lane, S.64051'E. 1.47 feet to the place of beginning. Being a portion
of the aforementioned tract deeded to M.J, Vertin, and in the Town of Los Gatos,
County of Santa Clara, State of California and containing 17 square feet, more
or less.
a
EXHIBIT "A"
0
NOR�N
SO 710 C-4/Z Aee/7Ue
IV 21° 09'E 60.00'
a
4 '
L al%& of 6i-oer7
(8704 0. ,P, 436 )
A PN* m
Tj
529 -3- ¢3 0
,v 2s °STE 4a. l 9' ?3. vB�7.47'
d3.sz ^L ands /o be 0cquil-ed
N 5' IyeY ti o b y /0W/7 o! Los Gofos
L —__ - _ —_1J confoin;ny /7 square
feet, more or less.
Town of Lor Gotor
EXHIBIT "A" PAGE 2 OF 2 EXHIBIT
{� 2149 O'Toole AAnK Seat 0 sCo�E Da'E
Brian Kangas f oulk San Jost. G 45131 DRawN BY Daa ;NC np
APPROVED BY
c o w z u r w c [ w G w F E e 40&43 5 s M DESIGNED BY
March 13, 1989
Portion of Alley owned by Shore
(containing 1607 square feet)
Real property situate in the Town of Los Gatos, County of Santa Clara, State of
California, and decribed in Book 1032 of Official Records of Santa Clara County
at Pages 506 and 507, more particularly described in said deed as follows:
Beginning at a point in the Northeasterly line of Block "L" of "Lyndon
Subdivision of the Teresa Block, etc." as said subdivision is shown on a map
recorded in Book "f2" of Maps, Page 39, in the office of the County Recorder of
Santa Clara County, California, from which the most Northerly corner of said
Block "L" in the Southeasterly line of Santa Cruz Avenue bears N.61 °39'W. 117.40
feet, said point being also in the Southwesterly line of that certain tract
deeded to Susie M. Kyle by the estate of William James Kyle, deceased by decree
of distribution dated May 23, 1921 and recorded in Book 533 of Deeds, Page 252,
in the office of the County Recorder of Santa Clara County, California, from
which the most Westerly corner of said tract deeded to Susie M. Kyle in the
Southeasterly line of Santa Cruz Avenue bears N.61039'E. 119.41 feet and running
thence N.25057'E. 73.05 feet to a point in the Northeasterly line of said tract
and running thence along the Northeasterly line of said tract and running thence
along the Northeasterly line of said tract S.61039'E. 22.02 feet and running
thence parallel with the first mentioned course in this description, and 22.00
feet therefrom, S.25 °57'W. 73.05 feet to a point in the Southwesterly line of
said tract and running thence along the Southwesterly line of said tract
N.61039'W. 22.02 feet to the place of beginning. Being a portion of the
aforementioned tract deeded to Susie M. Kyle and in the Town of Los Gatos, County
of Santa Clara, State of California.
This parcel contains 1607 square feet, more or less.
E)CHIBIT "A"
Page 1 of 2
1
Nu f5.
sa"7f0 C'-UZ .4ve&zle
0 0'9 "F
Lands to be aquired by town -
of Los Gatos, containing 1407
square feet, more or less.
EXHIBIT "A" PAGE 2 OF 2
749.0o'
Awma Wk 2149 M,t,, 95131 �. ° EXHIBIT 8
49— Sn Jaa, G 95191
cartu.tirr arrlMalrt Q &WN ,
March 16, 1989 Portion of Alley owned by Dawson - Miller
(containing 1626 square feet)
Real property situate in the Town of Los Gatos, County of Santa Clara, State of
California.
Beginning at the point of intersection of the Northerly line of Elm Street with
the Easterly line of lot D in Block L of Lyndon's Subdivision of the Town of Los
Gatos, California, as designated upon the map of said subdivision of record in
the office of the County Recorder of the County of Santa Clara, State of
California in Book "F2" of Maps, page 39; thence from said point of beginning
running along the Easterly line of said Lot D, N.31027'E. 64.34 feet to the
Southerly line of that certain parcel of land described in the deed conveyed by
Frank G. Greco and Rose Greco, his wife, to the Town of Los Gatos and filed May
7, 1941 in Book 1039 of Official Records of Santa Clara County at Pages 243 and
244; thence along said Southerly line N.61039'W. 6.17 feet to the Northeasterly
corner of an easement for alleyway purposes conveyed by William and Helenita
Binder, husband and wife, to the Town of Los Gatos and filed May 7, 1941 in book
1041 of Official Records of Santa Clara County at Pages 35 and 36; thence along
the Northerly line of said alleyway easement N.61039'W. 22.02 feet to the
Northwesterly corner of said alleyway easement; thence along the Westerly line
of said alleyway easement S.25 °57'W. 65.49 feet to the Northerly line of Elm
Street; thence along the Northerly line of Elm Street S.64045'E. 22.00 feet to
the TRUE POINT OF BEGINNING. Being a portion of Lots A, B, and 0 of Block "L"
of Lyndons Subdivision as hereinabove referred to and containing 1626 square
feet, more or less.
EXHIBIT "A"
Page 1 of 2
Ja
u• •
S0n /4 Cruz .4✓eI741e
N ?D' /S ' E 71. 7Z'
b' b
H �
L ands of Dawson- Mi / /cr
(✓689 0.. R. 1242)
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A P N #
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- r+- .T.. —. . +r.•rr r
/V3 /°27'E
Londsfo6e
acquired 6r
Jow� o!'Los Goio
Containing 1626 square
feet, more or less
EXHIBIT 'A' PAGE 2 OF 2
L°° k 2148 O'Toole AwW, Sw. D
Son J*w G 95131
cow epl llllo ING"llas 40&435-5=
y'
March 13, 1989 Portion of Alley owned by Smith
(containing 545 square feet)
Being a port in the Southwesterly line of that certain tract deeded to Henry
Owen Smith by James Haven Pond by deed dated June 16, 1925 and recorded in Book
164 of Official records, page 362 in the office of the County Recorder of Santa
Clara County, California, from which the most southerly corner of said tract
bears 5.61039'E. 10.69 feet, and running thence N.25057'E. 24.79 feet to a point
in the Northeasterly line of said tract said point being also in the
Northeasterly line of Block %" of "Lyndon Subdivision of the Teresa Block,
etc. ", as said subdivision is shown on a Map recorded in Book "F2" of Maps, page
39, in the office of the County Recorder of Santa Clara County, California, and
running thence along the Northeasterly line of said tract and said Block "L ",
N.61039'W. 22.02 feet, and running thence parallel with the first mentioned
course in this description and 22.00 feet therefrom, 5.25 °57'W. 24.79 feet to a
point in the Southwesterly line of said tract and running thence along the
Southwesterly line of said tract 5.51 °39'E. 22.02 feet to the place of beginning.
Being a portion of the aforementioned tract deeded to Henry Owen Smith and in
the Town of Los Gatos, County of Santa Clara, State of California and containing
545 square feet, more or less.
EXHIBIT "A"
Page 1 of 2
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Page : of 2
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March 22, 1989
Portion of the Lands of Vadas
(containing 871 square feet)
Real property situate in the Town of Los Gatos, County of Santa Clara, State of
California.
Beginning at the most Northerly corner of the lands of Vadas as said lands are
described in the deed recorded June 15, 1981 in Book G149 of Official Records
at pages 503 -505 in the office of the County Recorder of Santa Clara County,
California; said corner being also in the Easterly right of way of the Southern
Pacific Railroad and running thence in a Southerly direction along said Easterly
right of way through a non - tangent curve to the right with a radius of 1463.00
feet through a central angle of 1 042'49" a distance of 43.76 feet to the
Southwesterly corner of the hereinabove said lands of Vadas; thence along the
Southerly line of Vadas South 61 052'32" East 20.03 feet; thence along a non -
tangent curve to the left with a radius of 1483.00 feet through a central angle
of 1 040'22" a distance of 43.30 feet to the Northerly line of said lands of
Vadas; thence North 60 034'20" West 20.00 feet to the POINT OF BEGINNING and
containing 871 square feet, more or less.
Exhibit "A"
Page 1 of 2
rimm
TOWN OF LOS GATOS
L -43.76
R�1463.00
49'
m
D
I N o To be acquired by Town of
I o Los Gatos, containing 871
w square feet, more or less
� -01. 40'2 3"
R`l483.00 --
L -43.30
W - Existing fence line is
> _ approximately on the
a) LANDS OF
property line
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