CC Resolution 8183
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RESOLUTION NO. 8183
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF
CAMPBELL AUTHORIZING COMMENCEMENT
OF EMINENT DOMAIN PROCEEDINGS FOR
THE ACQUISITION OF A ONE FOOT
PORTION OF SANTA CLARA COUNTY
ASSESSOR' S PARCEL NUMBER 279-43-1
IN CAMPBELL, CALIFORNIA
WHEREAS, the public interest and necessity require the
acquisition of the above-described parcel for the purpose of
improving the public right-of-way; and
WHEREAS, the property described
hereto has been determined by the City
property is necessary to be taken for
right-of-way; and
is Exhibit "A" attached
to be the best site, this
improvement of the public
WHEREAS, the property described in Exhibit "A" is to be
taken for the purpose of improvement to the public right-of-way
pursuant to Government Code sections 37350.5, and Code of civil
Procedure Sections 1240.010 et seq, and Streets and Highway Code
section 4090; and
WHEREAS, the City has made an offer to purchase the property
described in Exhibit "A" pursuant to section 7267.2 of the
California Government Code, which offer was based on an appraisal
of the fair market value for the property and included a written
statement and summary of the basis for the amount established as
just compensation; and
WHEREAS, the offer was not accepted by the owners; and
WHEREAS, the property owners have been notified, pursuant to
California Code of civil Procedure section 1245.235, that the
City intends to adopt a Resolution of Necessity to acquire the
property by eminent domain, that the owner has the right to
appear and be heard upon written notification within fifteen
(15) days after mailing of the City'S notification; and that
failure to follow the written request to be heard will result in
waiver of the right to appear and be heard; and
WHEREAS, the City has made available the opportunity for the
owners to be heard on the matters referred to in the Code of
civil Procedure section 1240.030; and
WHEREAS, the City Council is the legislative body of the
City of Campbell;
I '
NOW, THEREFORE, BE IT RESOLVED, that the city council of the
city of Campbell finds and determines that following pursuant to
the Code of civil Procedure Section 1245.230:
1. The public interest and necessity require that
acquisition of the property proposed for the improvement of the
public right-of-way;
2. The proposed proj ect is planned and located in the
manner that will be the most compatible with the greatest public
good and the least private injury;
3. The property described in Exhibit "A" is necessary for
the proposed project;
4. The offer of acquisition required by section 7267.2 of
the Government Code has been made to the owners of record.
BE IT FURTHER RESOLVED by the City Council of the City of
Campbell to acquire by eminent domain that certain real property
described in Exhibit "A", in accordance with California
Government Code Section 37350.5, California Code of civil
Procedure sections 1240.010 et seq., and Streets and Highway Code
section 4090.
BE IT FURTHER RESOLVED this Resolution shall become
effective immediately upon its passage and adoption.
PASSED AND ADOPTED this 1st day of
, 1991, by the following roll call vote:
October
AYES:
Councilmembers:
Ashworth, Burr, Conant, Kotowski
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
Watson
~~~ppr7/" ~"'. /
, ,;;:Z; ~ ~/c <:-<--' C I U/-<-- ~ <-0
Mayor, Michael F. Kotowski
Attest:
,/
( )
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All that certain parcel of ~an~ .ituated in the City Df ~ampbe11,
county of santa Clara, state of california, describe~ as follows:
A atr ip of land 1.00 foot .1n width, -the westerly line of which is ----~
~escribed as follows:
Beginning at a point on the westerly line of ~ract NO. 335 filed
for record on July IS, 1946 1n Book 11 of Maps, at page 15, santa Clara
county Records, distant thereon south O. 01' west 124.60 feet from the
Northwest corner of said ~ract No. 335, thence from said point of
beginning along the westerly line of said ~ract NO. 335, the following .
courses and distancesl_ South 3l_~_ 57' 30. west, 104.28 feet an~ South_OO______
02' East 234.62 feet to the terminus of .aid strip.
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EXHIBIT A, PAGE 2 OF 2
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