CC Resolution No. 6360 ~ ~
` cc.s.o
6360 , '
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY • ' '
OF CUPERTINO, COUNTY OF SANTA CLARA, CALIFORNIA,
DETERMINING THAT PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF EASEMENT AND DIRECT- •
IN THE FILING OF EMINENT DOMAIN PROCEEDINGS
RECITALS:
(a) The City Council of the City of Cupertino,'
on May 23, 1984 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 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) The City Council of the City of Cupertino,
on May 7, 1984 pursuant to the requirements of ,
Government Code Section 7267.2, 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 role. an offer to acquire the property ~
for the full amount of the market appraisal value. A
copy of said letters are attached hereto as Exhibit "C" •
and made a part hereof by reference.
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• (c) On June 18, 1984 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
I~~, appear and be heard on the matter referred to in Code of
~ Civil Procedure, Section 1240.030; and
i ~
(d) The following persons appeared and were
heard at said hearing: .
~ Name
Address
None .
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 acquisition, construction, and completion by the .
City of Cupertino, of a public improvement,
namely, a roadway in, over, upon, and across that `
i certain real property described in Exhibfts "A" and "H",
i which are attached hereto and made a part thereof by
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- 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, updn 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 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 EURTHER 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 for the uses and
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• purposes of such roadways and to take all steps
~ necessary 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
pendinq may direct. ,
I, PASSED AND ADOPTED by the City Council of the
i City of Cupertino, this 18ch day of ,1une , 1984, ,
~ by the following vote:
MEMBERS OF THE CZTY COUNCIL
AYES: Gatto, Johnson, Rogers, Plungy
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: None APPROVED:
City Cler ~ Ma r, y of Cup i o~ •
4
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9/i2/83 .
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383070 •
, BIANCHI WAY OEDICATION (AP13) ~
BE1NG A PORTION OF TNAT CERTAIN PARCEL OF LAND DESCRiDED IN TNE OEED TO
JOHN M. BIANCHI AND ELAINE M. BIANCHI, RECORDED OECEMQER 9, 1982,~'IN
' BOOK H194 OF OFFICIAL RECORDS A7 PAGE 249, SANTA CIARA COUNTY RECOROS, FOR '
TNE PURPOSE OF A PUBIIC STREET OEDICATION, DESCRfDED AS FOLLOWS: ,
' THE WESTERLY 4II FEET OF SA[D PARCEL OF LAND MEASURED AT RIGHT ANGLES TO
~ At7D RUPlNING PARALLCL WI7H TNE WESTERI.Y LINE OF SAID PARCEI OF LAND.
EXCEPTING THEREFROM THE WESTERIY 40 FEET OF SAID PARCEL OF LAP~D MIEASURED ~
AT RIGHT ANGLES TO AND RUNNIN6 PARALLEL WITH THE WESTER~Y LINE OF SAID
PARCEL OF LAND.
COtITAINING 856.00 SQUARE FEET MORE OR LESS. '
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~ ^ APN 359-7-13 I APN 359-7-l2 APN 359-7-I! ~ SCALE~ NONE
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STELL/h!G ROAO ~
B/ANCHI WAY DED/CAT/ON PLAT FOR APN 359-7-13
C/TY OF CUPERTINO • SANTA CLARA COUNTY • CAL/FORN/A
CREEGAN 8~. D'ANGELO '
CONSULTING ENGINEERS
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' 9/12/83 '
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' 383070 ~ ,
BIANCIII WAY DEDICATION (AP14) •
DEING A PORTION OF THAT CERTAIN PARCEL OF LAP~D DESCRIDED IN THE DEED TQ
DALE F. APPLEGATE, AND ROBERT A. MORGAN AND MARILYN E. MORGAN, RECGRDED
MAY 31, 1972, IP~ BOOK 9857 OF OFFICIAL RECORDS AT PAGE 200, SANTA CLARA
COUNTY RECOROS, FOR THE PURPOSE OF PUOLIC STRFFT DEDICATION, DESCRIBED
AS FOLLOWS:
THE WESTERLY 40 FEET OF SAID PARCEL OF IA~~D MEASURED AT RI6HT ANGLES TO
AND RUNt~IN6 PARALLEL WITH THE WESTERLV L[NE Of SAIO PARCEL OF LAND.
CONTAININ6 2000.00 SQUARE FEET MORE OR LESS. ~
6:' -m.
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~ APN359-7-l9 ; APN359-7-12 APN 359-7-!! ~
~ , SCAL E ~ NONE
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d ~ ~ ~ $9 53'30•E. 4000'
2 N.O•03'40•W 50.
~ NO•03 QO'W. .•,:,r 2~ B/ANCH/ WAY ~`3'30'E. 40.
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3TELL//YC3 ROAO •
B/ANCH/ WAY DEO/CAT/ON PLAT FOR AP/V 359 -7-14
GTY OF CUPERTINO • SANTA CLARA COUNTY • CAL/FORN/A
CREEGAN ~ D'ANGELO ~
CONSULTING ENGINEERS
/11fYONT, Cx+~Ow1w M/J~ '
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JOB N'O. 393070 -A JWT/SKY ~ , . ,
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` 1~~;;~'%' CitH of CHpertir~o
Office o( the City Attarney '
900Community Bank Building ~ .
i l l 14est 5t. John Street ~
San Jose, Glifornia 95113
(408) 292•7220
May 23, 1984
~
John M, and Elaine M. Bianchi
I 21310 Columbus
, Cupertino, CA 95014
Re: Assessor's Parcel Number: 359-7-13 (Bianchi)
Our Reference No. C.C.6.0 '
Dear Mr. and Mrs. Bianchi:
Please consider this letter as formal notice that the
City Council of City of Cupertino intends to adopt a
resolution of necessity to acquire fee title to a
portion of your property along a private road known as
Bianchi h'ay. (Assessor's Parcel No. 359-7-13) This
acquisition is for the purpose of constructing a pubiic
roadway. I have enclosed foz your information, a copy
of a letter previously sent to you on May 7, 1984 by
Bert J. Viskovich, Director of Public Works, for the •
City of Cupertino, foz an amount which the City believes
to be just compensation for said acquisition. As you
can see, the City intends to acquize a forty foot
right-of-way of approximately 2,000 square feet which
currently is in the existing private road. In addition,
the City intends to acquire a new area of 485.70 sq. ft.
' The City's appraiser indicates that the total value of
the take is $12,950. The appraisal is available for
your inspection at any time at the City offices during ~
normal business hours.
You have the right to appear on June 18, 19B4 at 6:45
p.m. before the City Council of the City of Cupertino ,
D o
D
. John M, and Elai• M. Bianchi ~
: • May 23, 1984 .
Page 2
and to be heard with respect to: 1) the public use of '
, which a portion of your property is sought to be taken; ,
2) the location and extent of the proposed take; 3) the
proposed interest and necessity of the proposed project; '
4) where the proposed project is planned or located and
~ the manner which would be more compatible with the
~ greatest public good and the least private injury; 5)
. and whether the proposed take is necessary for the .
proposed project. According to State law, the City
Council need not hear any property owners with respect
~ to the proposed acquisition by eminent domain unless
that owner files a written request to appear before the
Council within fifteen (15) da}~s of the receipt of this
notice.
If you desire to settle the issue of compensation with ~
the City prior to the hearing on June 18, 1989, please
, contact Bert Viskovich, Department of Public titiorks, Ph:
(908) 252-4505. Otherwise, you, or your representatives
i should make arrangements to be present at the June 18th
~ City Council meeting.
' If you have any questions, with respect to this notice,
please contact our office prior to the scheduled
hearing,
Sincerely yours,
Charles T. Kilian
City Attorney
ss ,
cc: Bert J. Viskovich, Department of Public ~~'orks
Robert Quinlan, City Dfanager
Dorothy Cornelius, City Clerk
',>~f'~ . ~ ~ .
t;.
. :;~:ri.;,. ~
:-r;~1; CitH of C~~pcrtino
OfTiu of ihe City Attorney ~
900 Gimmunity Bank Building , ,
111 IVcst St. )ohn Street , ~
San Jose, Glifornia 95113
(408) 292•7220
May 23. 1984
I
~ L. Howard and Bobbie L. Roberts
'i 11121 Clarkston
i Cupertino, CA 95014
Re: Assessor's Parcel Number: 359-7-14 (Roberts)
Our Reference No. C.C.6.0
Dear Mr. and Mrs. Roberts:
Please consider this letter as formal notice that the
City Council of City of Cupertino intends to adopt a
resolution of necessity to acquire fee titie to a
portion of your property along a private road known as
Sianchi Way. (Assessor's Parcel No. 359-7-14) This
acquisition is for the purpose of constructing a public
roadway. I have enclosed for your information, a copy
of a letter previously sent to you on May 7, 1984 by .
Bert J. Viskovich, Director of PUblic Works, for the
City of Cupertino, for an amount which the City believes
to be just compensation for said acquisition. As you
can see, the City intends to acquire a forty foot
right-of-way of approximately 2,000 square feet which
currently is in the existing private road. In addition,
the City intends to acquire a new area of 485.70 sq. ft.
The City's appraiser indicates that the total value of
the take is S9,800. The appraisal is available for your .
inspection at any time at the City offices during normal
business hours.
You have the right to appear on June 18, 1984 at 6:45
p.m, before the City Council of the City of Cupertino `
~ I D~
~
. L. Howard and Bob~e L. Roberts •
• May 23, 1984 .
Page 2 '
and to be heard with respect to: 1) the public use of '
which a portion of your property is sought to be taken; ,
2) the location and extent of the proposed take; 3) the
proposed interest and necessity of the proposed projec't;
9) where the proposed project is planned or located and
the manner which would be more compatible with the
greatest public good and the least private injury; 5) '
and whether the proposed take is necessary for the .
proposed project. According to State law, the City
Council need not hear any property owners with respect
to the proposed acquisition by eminent domain unless
that owner files a written request to appear before th~
Council within fifteen (15) days of the receipt of this
notice.
If you desire to settle the issue of compensation with •
the City prior to the hearing on ,7une 18, 1989, please
contact Bert Viskovich, Department of Public Ttiorks, Ph:
t408) 252-4505. Otherwise, you, or your representatives
should make arrangements to be present at the June 18th
City Council meeting.
If you have any questions, with respect to this notice,
please contact our office prior to the scheduled
hearing.
Sincerely yours,
Charles T. Kilian
City Attorney
ss .
cc: Bert J. Viskovich, Department of Public korks
Robert Quinlan, City bfanager
Dorothy Cornelius, City Clerk