CC Resolution No. 4530
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~ RESOLUTION N0. 4530
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO DETERI!![INING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN REAL PROPERTY
FOR A PUBLIC RIGHT OF WAY AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS
LAZANEO DRIVE EXTENSION
RECITALS:
(a) The City Council of the City of Cupertino, on
July 19, 1977, 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 roll, notice
and a reasonable opportunity to appear and be heard on the
matters referred to in Code of Civil Procedure Section 1240.030;
(b) On August 15, 1977, 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,
who filed a written request within 15 days after the notice
described in paragraph (a), above, was mailed were afforded an
opportunity to appear and be heard on the matters referred to
in Code of Civil Procedure Section 1240.030; and,
(c) The following persons apoeared and were heard at
said hearing: ~
Name Address
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RESOLVED, by the City Council of the Citv of Cupertino,
a municipal corporation of the State of California, that it
finds and determines and hereby declares that the public interest
and necessity require the acquisition of certain real property
for a public right of way, which real property is described in
Exhibits "A" and "B", which are attached hereto and made a part
hereof by reference; that the use to which said real property is
to be applied is for streets, storm and sanitary sewers, and
other public improvements, and that such use is a public use
authorized by law; that said real property is necessary to and
for such public use; that said public right of way is planned
and located in the manner which will be most compatible with the
greatest public good and the least private injury; that the City
of Cupertino is authorized, by Government Code Section 37350.5,
to acquire said property by eminent domain; and,
IT IS FURTHER RESOLVED that the City of Cupertino acquire
said real property by condemnation, in accordance with the pro-
visions of law relating to eminent domain for the uses and pur-
poses h~:~~nabove 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 proceedings 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, and for an order permitting said City of Cupertino to take
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immediate possession and use of said real property; to make
such deposit or deposits of such security out of proper funds
of said City, in such amount or amounts so fixed and determined
and in such manner as said Court in which the condemnation pro-
ceedings herein authorized are pending may direct.
PASSED AND ADOPTFD by the City Council of the City of
Cupertino, this :18th day of August, 1977, by the followinq vote:
Vote Members of the City Council
AYES: Meyers, Ne11is, 0'Keefe, Frolich
NOES: None • '
ABSENT: Jackson
ABSTAIN': None
APPROVED:
, • /s/ Kathy E. Nellis
Mayor, City of Cupertino
Pro Tempore
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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~ EXHIBIT A
A portion of that certain real property situate in the City of Cupertino, /
County of Santa Clara, State of California, more particularly described as
follows:
Beginning at a point on the center line of the Saratoga-Sunnyvale Road
(De Anza Blvd.) at the northwest corner of the southwest one-quarter of the
northeast one-quarter of Section 13, Township 7 South, Range 2 West, M.D.M.,
being the northwesterly corner of that certain parcel of land conveyed by
Fleming Primus to James Thomas, by Deed dated April 29, 1872 and recorded
April 29, 1872 in Volume 25 of Deeds, at page 112, Santa Clara County Records;
Thence southerly along the center line of said Saratoga-Sunnyvale Road (De Anza
Blvd.), 120 feet,S.O°, OS' 29" E., to the northwesterly corner of that certain
parcel of land conveyed by Henriette Paviso~to Louis Paviso, by Deed dated
April 29, 1937, recorded May 20, 1937 in Volume 823 of Official Records, at
page 355, Santa Clara•~County Records;
Thence S. 89° 55' OS" E., 69.98 feet on and along said northerly line of
Louis Paviso parcel;
Thence N. 0° OS' 29" W., 35.704 feet;
Thence along a tangent curve to the right radius of 30' through a central
angle of 87° 35' S6" for an arc distance of 45:84';
Thence along a tangent curve to the left radius of 2,030 feet through a central
, angle of 2° 22' 43" for an arc length of 84:23 feet;
Thence along a tangent curve to the right radius of 25' through a central angle
of 94° 46' 23" for an arc distance of 41.33 feet to the easterly line of the said
lands conveyed to James Thomas;
Thence along a tangent to said curve on and along the said easterly line of the
said James Thomas parcel 73.57~ N. 0° OS' S3" W.;
Thence N. 89° SS' S0" W., 210 feet to the Point of Beginning.
Containing 0.336 Acres more or less ~
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