CC Resolution No. 4052 .i?
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RESOLUTION N0. 4052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY FOR A CORPORA-
TION YARD AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS, CORPORATION YARD--MARY AVENUE
RESOLVED, by the City Council of the City of Cupertino, a municipal cor-
poration of the State of California, that it finds and determines and hereby
declares that the pub lic interest and necessity require the acquisition of cer-
tain real property for a corporation yard, which real property is described
in E~ibit "A", which is attached hereto and made a part hereof by reference;
that the use to which said real property is to be applied is for a corporation
yard, and other public improvements, and that such use is a public use auth-
orized by law; that said real property is necessary to and for such public use,
and that said corporation yard is planned and located in the manner which will
be most compatible with the greatest public good and at the least private in-
jury; and,
IT IS FURTHER RESOLVED that the City of Cupertino acquire said real
property by condemnation, in accordance with the provisions of law relating to
eminent domain for the uses and purposes hereinabove set forth; and
IT IS FURTHER RESOLVED that David H. Adams, City Attorney of the City of
Cupertino, be and he is hereby authorized, directed, required and empowered to
institute, maintain and prosecute, in the name of the City of Cupertino, pro-
ceedings in the Superior Court of the State of California, in and for the
County of Santa Clara, for the condemnation of said real property for the uses
and purposes hereinabove set forth, and to take all steps necessary for the
condemnation of said real property in the name of said City.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of November , 1975, by the following vote:
Vote Members of the City Council
AYES: Frolich, Meyers, Nellis, Sparks, Jackson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ James E. Jackson
City Clerk Mayor, City of Cupertino
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Exhibit "A"
Res. No. 4052
PARCEL N0. 1:
BEGINNING at a point on the Easterly line of that certain 40 acre tract of
land described in the Deed from Lloyd L. Edwards, et ux, to Joe A. Sorci, et
ux, dated February 8, 1945, recorded February 10, 1945 in Book 1243 0. R,,
page 265, Santa Clara County Records, distant thereon South 0° 08' East 2520.46
- feet from an iron pipe in the centerline of Homestead Road; running thence
South 0° 08' East along the Easterly line of said 40 acre tract 132.09 feet
to an iron pipe at the Southeasterly corner thereof; running thence South 89° 44'
West along the Southerly line of said 40 acre tract 659.52 feet to an iron pipe
at the Southwesterly corner thereof; running thence North 0° 08' 30" West along
the Westerly line of said 40 acre tract 132.09 feet; running thence North 89° 44'
East 659.54 feet to the point of beginning, CONTAINING approximately 2.00 acres
and being a portion of the Southwest 1/4 of Section 11 Township 7 South, Range
2 West, M. D. B. & M,
PARCEL N0. 2:
BEGINING at a point on the Easterly line of that certain 40 acre tract of
land described in the Deed from Lloyd L. Edwards, et ux, to Joe A, Sorci;
et ux, dated February 1945, recorded February 10, 1945 in Book 1243 0. R.,
page 265, Santa Clara County Records, distant thereon South 0° 08' East 2464.46
feet from an iron pipe in the centerline of Homestead Road; running thence
South 0° 08' East along the Easterly line of said 40 acre tract 56.00 feet to
the Northeasterly corner of that certain 2 acre tract of land described in
the Deed from Joe A. Sorci, et ux, to M, Jakovich, et ux, dated February 18, .
1948, recorded February 18, 1948 in Book 1569 0. R., Page 37, Santa Clara County
Records; running thence South 89° 44' West along the Northerly line of said
2 acre tract 659.54 feet to the Northwesterly corner thereof on the Westerly
line of said 40 acre tract; running thence North 0° 08' 30" West along said
last named line 56 feet; running thence North 89° 44' East and parallel with
the Northerly line of said 2 acre tract 659.55 feet to the point of beginning.
CONTAINING approximately 0.85 acres and being a portion of the Southwest 1/4
of Section 11, Township 7 South, Range 2 West, M. D.'B. & M.
EXCEPTING FROM PARCELS 1 and 2 all that portion thereof described as Parcels 1
and 2 in the Deed from M. Jakovich, et ux, to the State of California, recorded
August 12, 1964 in Book 6619, 0. R., Page 556, Santa Clara County Records, and
being more particularly described as follows:
PARCEL ONE: COMNI~NCING at the Southwesterly corner of the 2.00 acre parcel
of land conveyed to M. Jakovich, et ux, by Deed recorded February 18, 1949
in Book 1569 of Official Records, page 37; thence along the Southerly line of
said parcel South 89° 15' 33" EasC 133.92 feet; thence from a tangent that
bears North 16° 12' 43" West, along a curve to the right with a radius of 1447.00
feet, through an angle of 4° 35' 21", an arc length of 115.90 feet; thence from
a tangent that bears North 12° 16' 35" West, along a curve to the right with
a radius of 600.00 feet through an angle of 7° 21' 34", an arc length of 77.07
feet to the Southerly line of the parcel of land conveyed to the'State of
California by Deed recorded October 22, 1959 in Book 4582 of Official Records,
page 479; thence along last said line North 89° 15' 33" west 91.69 feet to the
Easterly line of the parcel of land conveyed to the State of California by
Deed recorded December 1, 1960 in Book 4998 of Official Records, page 436;
thence along last said line South 0° 52' 03" West 188.09 feet to the point
of commencement.
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Exhib~t "A~~
Res. No. 4052
Page 2
CONTAINING 0.474 of an acre, more or less. .
As to Parcel 1 above, this conveyance is made for the purposes of a freeway
and the grantor hereby releases and relinquishes to the grantee any and all.
abutter's rights of access, appurtenant to grantor's remaing property, in and to '
said freeway.
PARCEL TWO: ~COMMENCING at the Southeasterly corner of the 2.00 acre parcel
of land conveyed to M. Jakovich, et ux, by Deed recorded February 18, 1948
in Book 1569 of Official Records, page 37; thence along the Southerly line of
said parcel North 89° 15' 33" West 30.00 feet; thence North 0° 52' 31" East
188.09 feet to the line common to the lands, now or formerly,.of.said_M. Jakovich,
et ux, and of Joe..Sorci, et ux; thence along last said line South 89° 15' 33"
East 30.00 feet to the line common to the lands, now or formerly, of said M,
Jakovich, et ux, and of Norman J. Nathanson, et al; thence along last said line
South 0° 52' 31" West 188.09 feet to the point of commencement.
CONTAINING 0.130 of an acre, more or less.
~ The bearings and distances used in the above descriptions are on the California
Coordinate System, Zone 3. Multiply the above distances by 1.0000495 to obtain
ground level distances.