CC Resolution No. 5299 ,
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' ' RESOLUTION NO. 5299
, RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO, COUNTY OF SANTA CLARA, CALIFORNIA,
~ DETERMINING THAT PUBLIC INTEREST AND NECESSITY
'I REQOZRE THE ACQUIS'LTI~V OF EASEMENT AND DIRECT-
ING THE FILING OF EMINENT DOMAIN PROCEEDZNGS
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i RECITALS:
~ (a) The City Council of the City of Cupertiao,
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~ on June 2, 1980, pursuant to the requirements of Code of Civil
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i Procedure, Section 1245.235, caused to be sent by first-class
mail to each person whose property is to be acquired by eminent
I 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 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)
above, were afforded an opportunity to appear and be heard on
the matter referred to in Code of Civil Procedure, Section
1240.030; and
(c) The following persons appeared and were heard at
said hearing:
Name Address
RESOLVED, by the City Council of the City of Cupertino,
that it finds and determines and hereby declares that the public
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interest and necessity require the acquisition, 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
E 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 Gnvarnmont Code Section
37350.5 to acquire said property by eminent domain.
IT IS FURTHER RESOLVED that the City of 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,
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
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, for the uses and purposes of such roadways and to take all
steps nec:essary 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 16thday of June , 1980, by
the following vote:
AYES: Gatto, Plungy, Sparks, Rogers MEMBERS OF THE CITY COUNCIL
NOES : None
ABSENT: None
ABSTAZN: None
ATTEST: APPROVED:
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ity er ayor, City o Cu ~1-itino
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EXIIIGIT F
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ClVil ENGINEERS ~ LAND SUHVEYOHS ~ ENVIRONMENTA~ PLANNERS
, January 18, 1980
.Tob No. REG-2
. Guntis Turks
LEGAL DESCRIPTION
All that certain real property situated in the State of
California, County of Santa Clara, described as follows: . .
BEGINNING at a point on the westerly line of Stelling Road
(40 feet wide), said point also being on the northerly line
of Orogrande Place, as shown on that certain Tract Map,
"Tract No. 5711" filed for record on September 18, 1975 in
Book 361 of Maps at Page 38 in the office of the County
Recorder of Santa Clara County; thence along said northerly
line of Orogrande Place, South 89~ 59' 02" West, 229.26
feet to the TRUE POINT OF BEGINNING, thence continuing along
said northerly line, South 89° 59' 02" West 207.60 feet; thence
North 00° 00' S8" West 20.00 feet• thence North 89° 54' 02"
East 207.60 feet; thence South 00~ 00' S8" East, 20.00 feet
to the TRUE POINT OF BcGINNING.
Containing 0.095 Acres, more or less
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3211 Stntt ~~~d.. _°~urte ?01, S.nta C!ara. CA 95051 • ia08) ?4fi R790