CC Resolution No. 5436 • . ~SOLUTION N0. 5436 •
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO, COUNTY OF SANTA CLAI27~, CALIFORNZA,
DETERMINING THAT PUBLIC IIJTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF EASEMENT AND DIRECT-
ItJG THE FILItdG OF EMINENT DOMAIN PROCEEDINGS
RECITALS:
(a) The City Council of the City of Cupertino, on
Sevicember 15~ 1980, 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 acguired 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 anci be heard on the
matters referred to in Code of Civil Procedure, Section 1240.030.
; (b) On Seprember 15 , 19D0, 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
NONF
RESOLVED, by the City Council of the City of Cupertino,
that it finds and determines and hereby declares that the public
~ ~
interest and necessity require the acguisition, 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 pro~erty is necessary to and for such
I~ 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
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 Government Code Section 37350.5
to acquire said property by eminent domain.
IT IS FURTHER I2ESOLVED 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 for the uses
and purposes of such roadways and to take all steps necessary
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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 15th day of Seatemher , 1980, by
I the following vote:
, AYES: Plungy, Sparks, Rogers MEMBERS OF THE CITY COUNCIL
NOES : None
ABSENT: Ga[to
ABSTAIN: None
ATTEST: APPROVED:
' ~aa
City Cler3 t4ayor, City Cup rt
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LEC,AL DESCRIpP10N: ~ d,( Ij~
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All that certain real property situate in the County oE Santa Clara, State oE
California, described as follows:
PARCEL ONE:
Sections 48, 49, 50 and 52 A, as shown on Map of 9th Pddition, hbnta Vista, filed
April 11, 1917, Hook "P" of Maps, page 16, Santa Clara County Reoords.
. PARCEL ~~D:
All of Lot 44, as stawn u~n *hat certain htap entitled, "hlap of 9th Addition hbnta •
Vista", wt~ich ~lap was filed for remrd in the office oE the Recorder of the County
, of Santa Clara, State oE California, on April 11, 1917, in Book P of Maps, at page 16.
~ EXCEPfING THEREFRCT~t the Northc,~sterly 10.00 feet thereof.
PARCEL Tf~2EE:
LOT 42, as shown on the Map entitled, "Map of 9th Addition hbnta Vista", which Map
was filed Eor record in the Office oE the Recorder of the County of Santa Clara,
State of California, on April 11, 1917 in eook oE Maps lettered "P" at page 16.
EXCEPfING THEREFRCM the Southeasterly 10 feet thereof, as granted in the Deed fran
Michael Eiogan to EYnest E. Baxter, et ux, recorded March 7, 1963 in eook of Official
Records n~nnbered 5932 at page 342.
PAF2CEL FOUR:
All of Ivts 36-A, 37, 38, 39-A, 40-A, 41, 43-A and that portion of Lot 43 lying
Northkesteciy of the prolongation Pbrtheasterly of the NorthM+esterly line of Lot
42, as shown u~n the ~1ap of "9th Ar3dition hbnte vista", which said Map ~ras filed
for record in the office of the Rernrder of the County of Santa Clara, State of
California on April 11, 1917 in Book "p" of Maps, at page 16.
PARCEL FIVE:
(A) ALL OF LlJT 43, as shown upon that certain Map entitled, "Map of 9th Addition
Monte Vista", which Map was filed for record in the oEfice oE the Recorder of the
County of Santa Clara, State of California, on April 11, 1917 in Book P oE +1aps, paqe
EXCEPTING THEREFF~IM all that ~rtion thereof lying Cbrth~sterly of the Pbrtheasterly
prolongation of the Northa~esterly line oE Iot 42, as said Lot is shown u~n the Map
above referred to.
(B) PORTIQN OF LO'PS 42 and 44, as shown upc~n that certain Plap entitlcd, "h4~p of 9th
Pddition hbnta Vista", which ~~tap was filed Eor rec~ord in the office of the Recorder
of the County oE Santa Clara, State oE California, on April 11, 1917 in Book P of
Maps, at page 16, and more particularly described as follows:
. . . .
1980-1-B
Page 5
BEGIWI„G at a~nint in the Northeasterly line Mira~nonte Road distant thereon
South 39° d3' East 100.00 feet fran the Westerrunost corner oE~Ir~t 42, as said Finad
LAt are shown upon the Map above referred to; thence frcro said ~vint of beginning
C3orth 50' 17' East and parallel with the dividing line betkeen [Ats 42 and 44, as
said Ints are shown upon the Map above reEerred to for a distance of 140 feet, more
or less, to a~int in the Northeasterly line of said Lnt 42; thence South 42° 13'
East along said last mentioned line and the Abrtheasterly line of said [nt 44 for
a distance of 20.00 feet; thence South 50° 17' West and parallel with the said
dividing line between Lr~ts 42 and 44 for a distance oE 140 feet, more or less to a
point in the said Northeasterly line of Miramonte ~ad; thence North 39° 43' West
along said last mentioned line for a distance of 20.00 feet to the Enint of beginninq.
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