CC Resolution No. 5298
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` ~ RESOLUTION N0. 5298 i
~ RESOLUTION OF THE CZTY COUNCIL OF THE CITY ,
~ OF CUPERTINO, CUUNTY OF SANTA CLARA, CALIFORNIA,
~ DETERMINING THAT PIIBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUI32zON OF EASEMENT AND DIRECT-
' ING THE FZLING OF EMINENT DOMAIN PROCEEDINGS
' RECITALS: ~
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I (a) The City Council of the City of Cupertino,
on June 2, 1980, pursuant to the requirements of Code of Civil
~ Procedure, Section 1245.234, caused to be sent by first-class
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~ mail to each person whose property is to be acquired by eminent
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~ domain, (as hereinafter described) and whose name and address I
i appears on the last equalized county assessment role, 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 June 2, 1980, 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)
I above, were afforded an opportunity to appear and be heard on
f the matter referred to in Code of Civil Procedure, Section
1240.030; and,
' (c) The following persons appeared and were heard at
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~ said hearing:
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i p~e Address
( None
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RESOLVED, by the City Council of the City of Cupertino,
that it finds and determines ~nd hereby declares that the public
interest and necessity require the aoquisition, construction,
and completion by the City of Cupertino, of a public improvement,
namely, a roadway in, over, upon, and across that certain real
property described in Exhibit "A", which is attached hereto and
made a part hereof by reference; that the uses to which said
fee title in, over, upon and across all of said real property
is to be applied if for such roadway and such use is a public
use authorized by law; that a fee title in, over, 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, over
and across all of said real property is necessary to and for I
such public use and that the proposed roadway is planned and
located in a manner that will be most compatible with the
greatest public good and the least private injury; the City
of Cupertino is authorized by_ Governmenc Code Section
37350.5 to acquire said property by eminent domain.
IT IS FURTHER RESOLVED that the City uf Cupertino
acquire by condemnation, fee title in, upon, over 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 hereinabove set forth; and ~
IT IS FURTHER RESOLVED, that Charles T. Kilian, City
Attorney of the City of Cupertino, be and is hereby directed,
required and empowered to institute, maintain, and prosecute,
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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 of such roadways and to take all
' steps necessary for the condemnation of such fee title in
the name of the City, and for an order permitting said City
to take immediate possession and use of said real property,
to make such deposit or deposits of such securities in such
! amount or amounts so fixed and determined and in such manner
~ as said court and in such manner as said court in which the
condemnation proceedings herein authorized are pending may
direct.
PASSED AND ADOPTED by the City Council of the City
of Cupertino, this 2nd day of June , 1980, by
the following vote:
AYES: Catto, Plungy, Rogers, Sparks, MEMBERS OF THE CITY COUNCIL
O'Keefe
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
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City Cler Mayor, C ty o Cuper no
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12-2371
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EXEiIBIT "A"
Eeal property situated in the City of Cupertino~ County of Santa
Clara. State of California described as follows:
PARCEL 1
BEGINNING at an iron pipe on the East line of 4.50 acre tract conveyed to Donald
R. King, et ux, hy Deed recorded in Book 1456 Official Records, page 269. at the
S outhWest corner of "Tract No. 789" recorded in Book 34 of Maps, page 13;
thence South 0°O1' West along said East line of 4.50 acre tract, 145.00 feet to
a point distant thereon North 0°O1' East 145.00 feet from the 5outheast corner
thereof, on the South line of section 24. Township 7, South, Range 2 West, M.D.B. b .
M.;
thence East and parallel with said South line of section 24. 300.41 feet;
[hence North 0°O1' East and parallel with said East line of 4.50 acre tract,
145.00 feet to a point on the South line of said Tract No. 789 hereinabove referred .
to;
thence West along said Sou[h line, 300.41 feet to the point of beginning, being
portion of S.W. 1/4 S. 24, T. 7 S., R. 2 W..
PARCEL II
A Non-Exclusive easement for ingress.and egress and instaliation and maintenance of
p ublic utilities over a strip of land 30.0~ feet in width [he North line of which
i s as follous:
BEGINNING a[ the point of intersection of the center line of the Saratoga-Sunnyvale
R oad, formerly Saratoga-Mountain View Rnad, (40.00 feet in Width) vith the East
pzolongation of [he South line of "Tract No. 789". recorded in Book 34 of Maps,
p age 13;
thence West along said East prolongation and along said South line of Tract No. -
789. 599.47 feet to the Northeast corner of parcel I above described. '
EXCEPTINC that portion thereof lying East of the Southwest line of Parcel conveyed
t o State of California, by Deed recorded in Book 5820 Official Records, page 573.
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~ ^ CITY OF CUPERTINO (
• • PUPtIC WORKS '
APR p i 1Sb0 I
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OESCRIPTIOt~ OF TNE AREA TO DE ACQUIRED
. from
MARGAR~T G. AfIDERSOtI, et al ~ ~ '
by the . ~ , ~
City of Cupertino • .
for
Street Purposes . ~ Y~~
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All that certai~ real property situated in the City of Cupertino,
County of Santa Clara. State of California, described as follows:
Ueginning at a polnt at the intersection of the easterly line of ,
that certain 4.50 acre parcel of land conveyed to Robert R. Y.ing,
et ux~ by Oeed Recorded in Dook 1456, Official Records, page 269, i
Santa Clara County Records with the northerly line of Lhat certain
3.00 acre parcel of land conveyed to :Jilliam C. Dose, et ux, by '
Deed recorded in Dook 1641, Official Records, page 248. Santa Clara
County Records; ~
thence along the said easterly line of that certain 4.50 acre parcel,
` tJ 0° O1' E, 108.38 feet to the intersection thereof with the proposed
easterly right of way line of Poppy l•;ay, 40 feet in width;
thance along said proposed easterly right of ~~~ay line, S 5° 31' 20" E, '
108.89 feet to the intersection thereof ~rith tlie said northerly line
of that certain 3.00 acre parcel;
thence along said northerly line of that certain 3.00 acre parcel,
Nest 8.50 feet to the paint of beginning, containing 0.0131 Acres.
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~ Rev. 4-1-30
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• 12-2373
• EXHIBiT "A" •
~ All that certain real property situated in the City of Cupertino, County of
Santa Clara. State of Califomia descrihed as folloWS:
' Beginning at a point on the Southerly line of Section 24, Township 7 South, Range 2
West. Mount Diablo Base and Meridian. distan[ thereon N. 89° 11'04" W. 270.67 feet
from the point of intersection thereof with the Westerly line of the Saratoga-Sunnyvale
Road~ 40 feet wide. said point of beginning being the Southvesterly corner of that
certain parcel of land conveyed by William C. Dose~ et ux, to State of California,
by deed dated February 11. 1959 and recorded May 4, 1959 in Book 4404 of Official Recor~
page 363. Santa Clara County Records, and in the Southerly line of that certain 3.00
acre tract of land conveyed by Matt Genero, et ux, to William C. Dose. e[ ux,
by Deed dated June 12. 1948 and recorded July 2, 1948 in Book 1641 of Official Records,
page 248, Santa Clara County Records;
thence along 6he Southerly line of said Section 24 and Southerly line of said 3.00
acre tract of land N. 89° 11' 04" W. 609.21 feet to the Southwesterly corner of
said 3.00 acre tract of land and Southvesterly corner of that certain G.50 Deed •
tract of laad conveyed By Matt Genero, et ux, to Rober[ R. King, et ux, by
dated February 17, 1948 and recorded February 20~ 1948 in Book 1456 of Official
Records, page 269. Santa Clara County Records;
thence along the Easterly line of said 4.50 acre tract of land parallel with [he
centerline of said Saratoga-Sunnyvale Road, N. 0° 51' 07" E. 73.00 feet to a point
thereon;
thence S. 89° 11' 04" E. to a point on the Southvesterly line of said parcel
of land conveyed to State of California;
thence along last said line S. 38° 37' 00" E. to the point of beginning and being
a portion of said 3.00 acre tract of land in the Southwes[ one-quarter of Section
24. Township 7 South. Range 2 West, Mount Diablo Base and Meridian.
Any use of this legal description may create a violation of the Subdivision Map
Act by reason of contiguous ovnership of vestee herein. Any usage for purposes
of conveyance or encumbrance of the described property. shall be deemed to be
vithout the consent of FIRST AMERICAN TITLE GUARANTY COI~ANY.
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. . ~1TY OF CUPE~HO
. PUqUC {YQR;(S
• OESCRIPTIO~~ OF TIIE AREA TO 6[ ACQUIRED A~R 19~J
FROi~1
. RAIN[30'rl PROPERTIES
by the . .
City of Cupertino
for
Street Purposes
All that certain rcal property situated in the City of Cupertino,
County of Santa Clara. State of California described as follor~s: '
Beginning at a point at the intersection of the southerly line of
Section 24, Township 7 South, Range 2 1•lest, ~4ount Diablo Base~and
tieridian with the easterly line of that certain 4.50 acre parcel ,
of land conveyed to Robert R. King, et ux, by Deed dated February
17, 19~3 and recorded February 20. 19a8 in Qook 1456 of Official
Records, page 269. Santa Clara County Records;
thence along the said easterly line of the 4.50 acre parcel, tl 0°
51' 07".E, 73.00 feet to the intersection thereof with a line
parallel to the sa~id southerly line of Section 24;
thence along said parallel line, S E9° 11' 04" E, 17.49 feet to
the intersection thereof with proposed easterly street right of
way line of Poppy llay, 40 feet in ?•iidth;
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thence along said proposed easterly street right of tiaay line, 5 4°
41' Ot3" E, 59.90 feet to the beginning of a curve;
thence on a curve to the left, having a radius of 53t3 feet, through
a central angle of 1° 2G' 00", for an arc length of 13.4G feet to
the intersection tliereof ~iith the said southerly line of Section 24;
thence alon9 the said southerly line of Section 2R, "J II9° 11' 04" t•!,
2~1.74 ~eet to the point of beginning, containing 0.0353 /lcres.
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RCV. 4-1-u0