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CC Resolution No. 7175 '- =" RESOIlJTION NO. 7175 A RESOIlJTION OF THE CITY CXXJNCIL OF THE CITY OF aJPERI'INO, CDUNTY OF SANTA CIARA, CALIFORNIA, DEI'ERMINING nJAT PUBLIC INTEREST AND NECESSITY REQUIRE THE Ao;pJ:SITION OF FEE TITŒ AND DIRECI'ING THE FILING OF EMrnENT !XWIIN PROCEEDINGS Am 359-13-37 RECITAIS : (a) The City Council of the City of CUpertino, on April 17, 1987 pursuant to the requirements of Code of civil Procedure, Section 1245.235, caused to be sent by first-class mail to each person whose property is to be acquired by eminent domain, (as hereinafter described) and whose name and address appears on the last equalized county assessment role, notice and a reasonable opportunity to appear and be hear on the matters referred to in Code of Civil Procedure, section 1240.030. (b) The city Council of the City of CUpertino, on April 17, 1987 pursuant to the requirements of Goverment Code section 7267.2, caused to be sent by first-class mail to each person whose property is to be acquired by eminent domain, (as hereinafter described) and whose name and address appears on the last equalized county assessment role, an offer to -1- RESOWrION NO. 7175 acquire the property for the full amount of the market appraisal value. A copy of said letters are attached hereto as Exhibit "C" and made a part hereof by reference. (c) On May 4, 1987 and prior to the adoption of this resolution, the City Council of the City of CUpertino held a hearing at which all persons, described in paragraph (a) above, were afforded an opportunity to appear and be heard on the matter referred to in Code of civil Procedure, section 1240.030; and (d) '!he follCMing persons appeared and were heard at said hearing: Name Bert Viskovich Address City of Cupertino 10430 S. De Anza Blvd. Cupertino, CA 95014 RESOLVED, by the city Council of the city of CUpertino, that it finds and deteDnines and hereby declares that the public interest and necessity -2- RESOIlJTION NO. 7175 require the acquisition, construction, and completion by the City of CUpertino, of a public :Ïl11provement, namely, a water line easement in, aver, upon, and across that certain real property cies=ibed in Exhibits "A" and "B," which are attached hereto and made a part thereof by reference; that the uses to which said fee title in, aver, upon and across all of said real property is to be applied if for such water line easement and such use is a public use authorized by law; that a fee title in, aver, upon and across all said real property is necessary to and for such public use; and that the taking of a fee title in, upon, aver and across all of said real property is necessary to and for such public use and that the proposed water line easement is planned and located in a manner that will be most campatible with the greatest public good and the least private injw:y; the City of CUpertino is authorized by Government Code section 37350.5 to acquire said property by eminent domain. IT IS FURI'HER RESOLVED that the city of CUpertino acquire by condemnation, fee title in, upon, aver and across said real property in accordance with the provisions of the law relating to eminent domain for the uses and purposes of such roadway, as herei.nabove set forth; and IT IS FURI'HER RESOLVED, that Olarles T. Kilian, City Attorney of the City of CUpertino, be and is hereby directed, required and enq:xJWered to institute, maintain, and prosecute, in the name of the City of CUpertino, -3- RFSOIDTION NO. 7175 proceedin;Js in the SUperior court of the state of California in and for the County of Santa Clara, f= the corxiemnation of said real property for the uses and purposes of such water line easement and to take all steps necessary and for an order pennitting said City to take ilI1mediate possession and use of said real property, to make such deposit or deposits of such securities in such anomt or amJI.IIlts so fixed and determined and in such manner as said court in which the corxiemnation proceedin;Js herein authorized are pending may direct. -4- RFSOIlJ'l'ION NO. 7175 PASSED AND ADOPI'ED at a regular meeting of the city Council of the City of CUpertino this ~ day of May , 1987 by the following vote: Vote Members of the citv Council AYES: Gatto, Johnson, P1ungy, Rogers, Sparks NOES: None ABSENT: None None ABSTAIN: ATl'EST: APPROVED: Deputy City Clerk Mayor, City of CUpertino -5- 'If ~ . _ .~ '" Harch 17. 1987 17147-028 A ,.,tlon ., th,t '''td. 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EXHIBIT -B- DescrIptIon to Accompany Agreement RelInquIshIng Easement ':~ 1-, "EXHIBIT A" / ~-.....-. 4----:-_ .~.,_'. E XH/13/T "8" 11-· lr ..~ I : · tt tl~ I Lt ~I. tl' ~ . t I ~ ~..""" I ..W!,. ___ ,tl=,. __ ___....' , ---." .....·..Æ 1M. TRACT NO. 7976 CON6ISTI«J or twO (I) ..,. BEING A PORTION OF THE SW1/.. OF THE SW1/4 OF THE SW1/.. OF .E~. 13, T.TS.. R..W.. M.D.B.." .. THE cn. Of CUflITttO 'ANT.. ClAt.. COl.MY. CAli'OINA -.. Æ ICALt: ··1 (J' I Hurr if .,,,,,."<>,,/ --n'j;--,., ------ ~..*"'____.r -I: ....._",'._6.I',,(tIf/!II..,., I' I I~ I;" LIND III, I-IIôS en\: UHf MACY c:qCJ q .:~ 23('0 1I1Y"g."M"C-!!!.!!:. -"--1f¥""'-_ ,.,.11.1 Z TIff 'f"fI Q RUTH AND GOING, INC. ~ an:llllKtur.. e..glllaarLl . pia",*", .....- ...._~... --... rw MAli.. ..rM',rr., 1W nJ/W"UIII., _C¿l~ I04D AI ......, M 11M" 1aM:T.III ...., ~ .............. "a»t "'ilFlIA,..1IIIIIE M.....,.. ~1»IItTY'--'._ 1&CI. AI IV.....,. ~ II..., ...,. _.. ~ (A) IIICDiIDII' aørr, __ DI ., ..,... .. _. _.. 4"", I.J'rbCT..1t .IIð azaol1'l..~.IWM..~......... «JIIIArT_IilJI'" eJI"~. MQlN, I/I.~"";c,~ IIJJDArrIMZ"" "'III'~.IMMI.'..~""'I.MI. al nun__ ...In.,......,." "___IIrr:'''' _1_- '-'... ~.....n ..,.,.,.mr"....... --0--- 117 ".... ørr-.."" "W_MI' IIfTII _ AU.... II/MIInMÞ/I .,..".,..... -~-- -- '.1 &tIIU..-. ... "IØAL 1Ð:IIItDI....",.Q..M.f ØIiW1'r. AU. H71II1CD M£ ....... nn MIl I/flr.aau .....,,; ,... AALA ."". .. I/UMl/HIIMI ......wY IAE' LIPt.cIIIIB. ------- ~_"T lWf '.u., "'UC IITILI" ..nIVI/T. I.U .1D1tIf MA/II u.MJW1fT~ ,._A.. "".71' ",.. .....IMI, 4M7. u.u. ......., MJiMItM........ ÞIIIaIf ""',-.. 'If£CT Z #IF Z..nI "y l. ~ Q; /oJ" ~o¡ .:; ,; '-'C ~ , -7~,.. ;~- I -J~ .--.--.._ I r~ .._..__. "'ii' t ~" , () ~ :..~ ,," ~..r OJ,, A ~HENT MEA k TP ØE ~VI5HEP it I... 'It I, ... t > ~ - ~ .. Q >- Z Z o . 1- IM_, MØt_IJrIlA'l,1W&E' " (>. " ~' .......", ""Ç(, " ~ Mr,p-PF ¡¡-;¡-: MrE II£ctJlfDnLZ.D , ~ h .. t ~ , .. ~ ~ ,it " . t ~ à I~ IZ ........·",.n· '?1J.6. ~,l¡"¡' ,rir. ~~ ~ ".' (. ' <I> i · · it t · ~ I i i t I · I t, "I: O~ I 'I~ < ! . tl~ o . -u .: Ie I", I ~ cLÎ~ - ,~ ... , ... . ... ... VI I: ; .' ~I!!. M:ì ø :z: ... ::> o 11\ - - ~ >: ~...aI ......""" ......... aJ - -'I ca .. .. Cfnf of Cwpertmo RICltVID APIt !3 I: '8.7 PUBLIC WORKS Office of the City Attorney 852 N. First Street, Third Floor San Jose, California 95112 (408) 971-6411 April 17, 1987 Jerry and Claudette Macy 10400 South Stelling Road Cupertino, CA 95014 Re: Assessor's Parcel Number: Water Line Easement Across Serving Rossi, et al. Our Reference No. C.C.EMD.l 359-13-23 & 40 Tract 7976 Dear Mr. and Mrs. Macy: This office represents the City of Cupertino. Please consider this letter as formal notice that the City Council of the City of Cupertino intends to adopt a resolution of necessity to acquire the water easement which presently serves your property (Assessor's Parcel No. 359-13-37). " You have the right to appear on May 4, 1987 at 6:45 p.m. before the City Council of the City of Cupertino and to be heard with respect to: 1) the public use of which a portion of your property is sought to be taken; 2) the loca tion and extent of the proposed ,take; 3) the proposed interest and necessity of the proposed project; 4) where the proposed project is planned or located and the manner which would be more compatible with the greatest public good and the least private injury; 5) and whether the proposed take is necessary for the proposed project. According to State law, the City Council need not hear any property owners with respect to the proposed acquisition by eminent domain unless that owner files a written request to appear before the City Council within fifteen (15) days of the receipt of this notice. UEXHIBJT C" Jerry and Claudette Macy April 17, 1987 Page 2 If you desire to settle the issue of compensation with the City prior to the hearing on May 4, 1987, please contact Bert Viskovich, Director of Public Works, City of Cupertino, (408) 252-4505. I am also enclosing a copy of the City's appraisal for your information. Otherwise, you, or your representatives should make arrangements to be present at the May 4th City Council meeting. If you have any questions, with respect to this notice, please contact our office prior to the scheduled hearing. S;;]r~ Charl.a T.~'a' City Attorney 55 Enclosure cc: Bert Viskovich "ExHIBIT C" Cthf M Cwpcrttno RICIIIVID APR a t 1'07 PUØ&.IO WORKS Office of the City AUorney 852 N. First Street, Third Floor San Jose, California 95112 (408) 971-6411 April 17, 1987 Donald and Niesje Rossi 10346 South Stelling Road Cupertino, CA 95014 Re: Assessor's Parcel Number: Water Line Easement Across Serving Rossi, et al. Our Reference No. C.C.EMD.l 359-13-23 & 40 Tract 7976 Dear Mr. and Mrs. Rossi: This office represents the City of Cupertino. Please consider this letter as formal notice that the City Council of the City of Cupertino intends to adopt a resolution of necessity to acquire the water easement which presently serves your property (Assessor's Parcel No. 359-13-23 & 40). You have the right to appear on May 4, 1987 at 6:45 p.m. before the City Council of the City of Cupertino and to be heard with respect to: 1) the public use of which a portion of your property is sought to be taken; 2) the location and extent of the proposed take; 3) the proposed interest and necessity of the proposed project; 4) where the proposed project is planned or located and the manner which would be more compatible with the greatest public good and the least private injury; 5) and whether the proposed take is necessary for the proposed project. According to State law, the City Council need not hear any property owners with respect to the proposed acquisition by eminent domain unless that owner files a written request to appear before the City Council within fifteen (15) days of the receipt of this notice. "EXHIBIT en Donald and Niesje Rossi April 17, 1987 Page 2 If you desire to settle the issue of compensation with the City prior to the hearing on May 4, 1987, please contact Bert Viskovich, Director of Public Works, City of Cupertino, (408) 252-4505. I am also enclosing a copy of the City's appraisal for your information. Otherwise, you, or your representatives should make arrangements to be present at the May 4th City Council meeting. If you have any questions, with respect to this notice, please contact our office prior to the scheduled hearing. SinCe~elY 77' / ~4Íøu; Charles 1( Kil~ City Attorney ss Enclosure cc: Bert Viskovich "EXHIBIT C" an, g( CwpcrtmD AIC..VII) A~iI ä ø t807 PU8LIO WORKS Office 0' the City Attorney 852 N. First Street, Third Floor San Jose, California 95112 (408) 971-6411 April 17, 1987 Hiram and Nancy Sibley Trustees 6729 Dartmoor San Jose, CA 95129 Re: Assessor's Parcel Number: Water Line Easement Across Serving Rossi, et al. Our Reference No. C.C.EMD.l 359-13-23 & 40 Tract 7976 Dear Mr. and Mrs. Sibley: This office represents the City of Cupertino. Please consider this letter as formal notice that the City Council of the City of Cupertino intends to adopt a resolution of necessity to acquire the water easement which presently serves your property (Assessor's Parcel No. 359-13-66). .. .,. You have the right to appear on May 4, 1987 at 6:45 p.m. before the City Council of the City of Cupertino and to be heard with respect to: 1) the public use of which a portion of your property is sought to be taken; 2) the location and extent of the proposed take; 3) the proposed interest and necessity of the proposed project; 4) where the proposed project is planned or located and the manner which would be more compatible with the greatest public good and the least private injury; 5) and whether the proposed take is necessary for the proposed project. According to State law, the City Council need not hear any property owners with respect to the proposed acquisition by eminent domain unless that owner files a written request to appear before the City Council within fifteen (15) days of the receipt of this notice. ,- "EXHIBIT Cn Hiram and Nancy Sibley April 17, 1987 Page 2 If you desire to settle the issue of compensation with the City prior to the hearing on May 4, 1987, please contact Bert Viskovich, Director of Public Works, City of Cupertino, (408) 252-4505. I am also enclosing a copy of the City's appraisal for your information. Otherwise, you, or your representatives should make arrangements to be present at the May 4th City Council meeting. If you have any questions, with respect to this notice, please contact our office prior to the scheduled hearing. ~Y?í1~ Charles ~:';11~ City Attorney ss Enclosure cc: Bert Viskovich "EXHIBIT Cn Cfni of Cwpc~ "ICIl'VIÞ A~R ~ ~ '1101 PU81,.IO WORKS Office of the City Attorney 652 N. First Street, Third Floor San Jose, California 95112 (406) 971-6411 April 17, 1987 Michael and Darlene Billig 10358 South Stelling Road Cupertino, CA 95014 Re: Assessor's Parcel Number: Water Line Easement Across Serving Rossi, et al. Our Reference No. C.C.EMD.l 359-13-23 & 40 Tract 7976 Dear Mr. and Mrs. Billig: This office represents the City of Cupertino. Please consider this letter as formal notice that the City Council of the City of Cupertino intends to adopt a resolution of necessity to acquire the water easement which presently serves your property (Assessor's Parcel No. 359-13-67). You have the right to appear on May 4, 1987 at 6:45 p.m. before the City Council of the City of Cupertino and to be heard with respect to: 1) the public use of which a portion of your property is sought to be taken: 2) the location and extent of the proposed take: 3) the proposed interest and necessity of the proposed project: 4) where the proposed project is planned or located and Lhe manner which would be more compatible with the greatest public good and the least private injury: 5) and whether the proposed take is necessary for the proposed project. According to State law, the City Council need not hear any property owners with respect to the proposed acquisition by eminent domain unless that owner files a written request to appear before the City Council within fifteen (15) days of the receipt of this notice. "EXHIBIT C" Michale and Darlene Billig April 17, 1987 Page 2 If you desire to settle the issue of compensation with the City prior to the hearing on May 4, 1987, please contact Bert Viskovich, Director of Public Works, City of Cupertino, (408) 252-4505. I am also enclosing a copy of the City's appraisal for your information. Otherwise, you, or your representatives should make arrangements to be present at the May 4th City Council meeting_ If you have any questions, with respect to this notice, please contact our office prior to the scheduled hearing. ss Enclosure cc: Bert Viskovich UfYU'~'T Cn ~ Cthf of Cupe~ AIC..VID APR 2 Z 'SOl PUBLIC WORKS Office of the City Attorney 852 N. First Street, Third Floor San Jose, California 95112 (408) 971-6411 April 17, 1987 Dennis and Debbie Sanchez 10382 South Stelling Road Cupertino, CA 95014 Re: Assessor's Parcel Number: Water Line Easement Across Serving Rossi, et al. Our Reference No. C.C.EMD.l 359-13-23 & 40 Tract 7976 Dear Mr. and Mrs. Sanchez: This office represent~ the City of Cupertino. Please consider this letter as formal notice that the City Council of the City of Cupertino intends to adopt a resolution of necessity to acquire the water easement which presently serves your property (Assessor's Parcel No. 359-13-38). You have the right to appear on May 4, 1987 at 6:45 p.m. before the City Council of the City of Cupertino and to be heard with respect to: 1) the public use of which a portion of your property is sought to be taken; 2) the location and extent of the proposed take; 3) the proposed interest and necessity of the proposed project; 4) where the proposed project is planned or located and the manner which would be more compatible with the , -greatest public good and'the least private injury; 5) and whether the proposed take is necessary for the proposed project. According to State law, the City Council need not hear any property owners with respect to the proposed acquisition by eminent domain unless that owner files a written request to appear before the City Council within fifteen (15) days of the receipt of this notice. "EXHIBIT Cn r; '- , .- Dennis and Debbis Sanchez April 17, 1987 Page 2 If you desire to settle the issue of compensation with the City prior to the hearing on May 4, 1987, please contact Bert Viskovich, Director of Public Works, City of Cupertino, (408) 252-4505. I am also enclosing a copy of the City's appraisal for your information. otherwise, you, or your representatives should make arrangements to be present at the May 4th City Council meeting. If you have any questions, with respect to this notice, please contact our office prior to the scheduled hearing. ;;¡'ïl" Ch"~" City Attorney ss Enclosure cc: Bert Viskovich "F~H'B'T C"