CC Resolution No. 6861 ~ . . . . . . . . . . . . . . . . . . . . . .
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RESOLUTION N0. 6861
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO, COUNTY OF SANTA CLARA,
CALIFORNIA, DETERMZNING THAT PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF FEE
TITLE AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS - APN 369-1-1
RECITALS:
(a) The City Council of the City of Cupertino, on
May 12, 1986 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
I 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 8, 1986 pursuant to the requirements of Government
Code Section 7267.2, caused to be sent by first-class
mail to each person whoae property is to be acquired by
I 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 fnll amount of the market appraisal value. A copy
[CC.1(a)~ 1
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of said letters are attached hereto as Exhibit "C" and
made a part hereof by reference.
(c> On June 2, 1986 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 reEerred to in Code of
Civil Procedure, Section 1240.030; and
(d) The following persons appeared and weze
~ heard at said hearing:
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~ Name Address
Bert Viskovich 10300 Torre Avenue Cupertino, CA
~ John D. Rogers 369 Pine Street San Francicso
Wm. Antomoli 1134 W. E1 Camino Real Mt. View, CA
I Mark Kroll 20300 Stevens Creek Bldv. Cupertino, CA
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' 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
(CC.1(a)) 2
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City of Cupertino, of a public improvement, namely, a
roadway in, over, upon, and across that certain real
property described in Exhibits "A" and "B," which are
attached hereto and made a part thereof by reference;
that the uses to which said fee title in, over, upon and
acrosa all of said real property is to be applied if for
such roadway and such use is a public use authorized by
lawj that a fee title in, over, upon and across all said
real property is necessary to and for such public use;
and that the takinq 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 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
[CC.1(a)1 3
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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 S~ate of
~ California in and for the County of Santa Clara, for the
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condemnation of said real property for the uses and
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
i make such deposit or deposits of such securities in such
amount or amounts so fixed and determined and in such
manner as said court in which the condemnation proceed-
, ings herein authorized are pending may direct.
PASSED OR ADOPTED by the City Council of the City
of Cupertino, this 2nd day of June ,
1986, by the followinq vote:
MEMBERS OF THE CITY COUNCIL
AYES: Gatto, Johnson, Plungy, Sparks, Rogers
NOES : None
ABSENT: None
ABSTAIN: None
[CC.1(s)] 4
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ATTEST:--- APPROVED:
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_ c~t-'~ /~-}r,,,e_'_ ~-G, ~
C ty Cler, ~ or, Cit of C ~
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tCC.l(a)1 5
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LBCAL DHSCRIPiIOfl
All tl~ot renl propecty eituete in tl~e City of Cupertino. County of 6enta
Clera, State o[ Cali[ornia, deecribed ee followe:
Deing e portion o[ Fnrcel No. 4 ee enid percel ie deecribed i~ the Crsnt
Ueed conveyinq lend to Nilliem A. Antonioli, Nar[in Zenkick end Berbere C.
ltond, recorded in Book 8791 of Officiel Recorde at pege 633, Sents Clata
County Recorde. being more per[ieulecly deseribed ee foliows:
Deginning o[ the most northeneterly corner of thet certein percei of land
deecribed in tlie[ certain ine[rumen[ Irom Firet Valleq Benk, a banking
cocporation. co tlie City of Cupertino, recorded in Book 6142 of Officinl
Recordo at pnge 389. Snn[a Clere County Recorde, ~eid point being on the
nor[I~crly Iine of Lot 37, ee el~ovn on ti~e Mnp entitled "Mep of the Cali
Subdivinion being e pert of the S.E. 1/4 of the 9.E. 1/4 of Sec. 13,
T. 7S.R.2N., M.D.B. 3 M., Senta Clare Cou~ty, Cslitornie", recorded in
Book W of lfape~ et pege 36. Sente Clnre County Records;
Tlience ennterly, along tMe northecly line oE eeid lot 37. South 89' 06' 40"
Eaet, 32.50 feet, to e point on e lioe perellel end dis[ent 78.00 feet
ene[erly, meeaured at riglit anglee Erom the monumen[ line of De Antn
Boulevard (tormerly Sara[oga-Sunnyvele Roed);
Tl~ence eoutt~erly, elong seid parallel line, South 0° 53' 20" West,
55.86 teec;
Tt~ence Soucl~ 1° 50' S1" Neet, 119.29 feet. to n non-tangent e~rve conceve
[o tl~e northenet, I~evinq a radiue of 70 teet~ from which a redial line
beete South 28° 42' 12" Weet;
Thence nortl~weFterly and northeriy ]2.56 feet elong eaid curve through en
nngle of 62° 11' 28" to a point on e line parellel end dietent 60.00 feet
eaeterly, meneured et right englee from the monument line of De Anaa
IIoulevard (formerly Seretoga-Suanyvale Road); '
The~ce North 3' IB' 25" West~ 88.84 feet;
Tl~ence Nortl~ 99' 06' 40" Neet, 8.00 teet to n point on e line parsllel
vitii and dietant 45.50 feec eaeterly, me~eured et right engles from the
monumen[ line of De Anze Bouleverd (tormerly Seratoge-Suonyvale Road);
ilicncc nortl~erly elon~ laet nnmed parallel line. North 0' S3' 20" E~et~
G0.00 teet co tlie Point of Beginning.
Conteining 0.0934 acree~ more or leee.
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STEVENS CREEk BLUD.
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A.P.N. J' 69 -O/-00/
. . . r ~ YE / /986
I'L1~ I 7 O 1~CCOIIt 1'1~?N1 -SCALE ,
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L1;G11?L I)L'SCIiII''I'ION ~~.eV
_'T ~'EE T EASE M~N T ~KIER a wKiciiT JU~~OP~:_~
ci~u IN6INIIIIf a ~u~v~~oas, ~NC. SHEET NU.
nv~ s~ ~ ~~,~,~...,,i . ~~„~,i,,,~ ir
-fTT/,t/C1 CAL//'O.til//A s•~~~•~~~~• ~•~~~~~•,~~~5P51 . r~~u~~ J OF /
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~itH of CNpcrtino
10u~01nrrr Mrnur P.O. flm S00
~ u~~riiim~. Cnliiinnia 9501~1 Cupeilino, GGIOmia 950I5
T~.I~~~.hnnr (AB01 252-I505
Our File: 98,001.4
May 8, 1986
7hanas Zarraonar~dia, Vice President
arid Manager of Pr~ntses
Baz~la~•'s Barilc
111 Pitle StLeet
San Eiancisco, CA 94111
Re: A.P.N. 369-1-1
In conformance to the City's genetal plan, it will be neoessary to
widen De Anza Boulevard in front of Ba~lay's Bank on De Anza Boulevazsl.
Submitted is a legal description arxi plat outlining the acquisition of an
area of 0934 acres. In order to aooaimadate said widenirq, a portion of
the building will have to be r~ed. This will require sune building
modification to oocur.
The City Oouncil, at its meeting of May 5, 1986, has established a
value of the cure at $225,000.00. Zhis offer is subject to Banclay's Bank
exercising its aption as wtlined in Palagraph 20 of the lease agreement
dated Afarrh 25, 1968 between lessors William A. Antonioli, Matthew J.
Piiholwich, Martin Zankich, and lessee at that time First Valley &-snk.
Zn view of the oo~ressed const=uction schedule of o~miencinq work
July 1, 1986 with street i~rovements on both eides of De Anza and the
intersection i~rovements of De Anza and Steveng Creek Boulevazd, it is
i~erative that this be settled in a timely fashion so that both parties
are in a position to remove tha portio~ of building pmtiudir~g within the
work area by Septemk~r 1, 1986.
If yw have ariy questions, please do not hesitate to call.
CTTY F
J. :w c1~ C- `r /
irector of lic Works
SN: sm
attdCh.
x: City Manager .
City Attorney
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CitH of Cupcrtino
1O1n0 Tnnr ~vrnur PO. Bo~ S00
( u~~~~ninu. (.dJnini,~ 95014 Cupcriinn. Glilo~nia 95015
lrlr~dv.ar (40f11 ?SI-A;Oi
Our File: 98,001.4
May 8, 1986
William A. Antonioli, TnLStee
; Tikvica Family TnLSt
I 1134 West E1 Camino Redl
i Mounts3ln View, CA 94040
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~ Re: A.P.N. 369-1-1
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in confornance to the City's genez~al plan, it will be neoessary to
, widen De Anza Hwlevard in fznnt of your PxopertY Pre-~'~Y ~Pi~ bY
Barolay's Bank. S~kmitted is a legal description arid plat cutlininq the
aoquisition of an area of .0934 acres. The City has obtained an appraised
value performed by a professiwial appraiser in the amount of $23.00 per
sq.ft., which reflects the market value of the pz~oposed roadway
acquisition.
The City Cauicil, at its meeting of May 5, 1986, established the
amount of $93,575.00 as fair cortg~ensation for the right-of-way needed arxi
is prepared to puxrhase said property in the above amount. However, it
would favor to exchange an equivalent arPa of larxl }mcx.m as "Cali Avenue"
for the needed parcel on De anza Boulevatd so that your before and after
land area would remain the same. Fhrthermore, the City is prepared to
rn~ensate Barclay's Hank to cure the roduction in buildirg area.
Due to emiq~ressed canstruction schedule of aortm~er~cinq work on July 1,
1986, which includes i~rovements on both sides of De Anza ar~d the
intersection i~rwanents at Stevens c7eek atid pe Anza, it is i~erative
that this be settled in a timely fashion.
Please do not hesitate to call if you have ar~y questions.
OF C[JPE~TINO
J. kwich c_-`~ .
Director of Public Works
BN: sm
attach.
cc: City Manager
City Attorney