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CC Resolution 8183 " 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: ,/ ( ) ~ ') 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. r-"I"n~~TL ~':1}V l!,:~~~Y!: ~. nrt ;.c ~~, I' - .... ,. ~ 1 a" _ ~ ~ ill ~ ~ t ~ i.... (,. lofL I 14 - ".It ..;.0 . ~ - - - ACQUISITION PLAT 3 - I'JI ... 140 -, -, 13.. 19 "'I - ... ..... .- . 12 : .e t .__.....~- - --1- .------.....-. -~- !} /2 - !J II : 11 . 4- - ~ -~+-_.._.._--_..._.... 'f .. 19 t~1i IS II; 140 .-..J..I.t .---------.-.... ::....:. U~ . : 15 . t !P .......---- -_.-~~- z EXHIBIT A, PAGE 2 OF 2 1 t~ '';'\ .~ i 'I HAWTHORNE .~- i ..1; I ,. '~~ , "Il j, I' ! j ~ . ~. ! @ MAPLE AVENUE PARCEL 1 · 0 (REMNANT) PARCEL 2 · 0 It lLI C) <( 0.. . I : 14 .40 · IJS - "-1'- _.-.,._L~T~-~ T~ ~~.,... i . .. . . . .t 21314151617 . I I I ~ (ACQUISITION) ~