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CC Resolution No. 464REStlLMICNI NO. It.% A RESOLUT ON OF TER CP7Y COUNCIL OF THR CITY 0Y CUl't:IMITO N LIG A PrMD EM OF PUBLIC tMGMSIYY o THAT PRCtY WITY RA "T la HEMBARf TU' Mts, AND AU ?c'HOMM RMY&T PMLnt AND r n't DXATH P0689WIM, BE IT RNSOLM by the City Council of the I)I at Cup tin * State of California, that It i1rK et and - datersaines and hereby declares That the public interest and nocovelty require the acqui- sition construction and completion bj the Cit;t of Cupertino of a public 9n.prer uvnt, namely an easemnt for the instal- lation of a water pipe line upon, over, across and Zn those certain lands hereinafter described; That the use to which an easement upon, over, ao�oss and in all of said lands In to be appliod is for the Instal- lation of a water pipe line, and that such use to a Public use authorized by law; That an easement upon, over, across and in all of said lands is necessary to and for such public usep and that the taking of an easement upon over, across and in tall of said lands is necessary to and for such public use; That the s3eai.d proposed water pipe lino In plannaa and looatod in the riannor which will be most compatible with the greatest public good and the loaat priveto injury. AND BE IT EtJt lfm'R RESOLVED by this City Council that the City of Cupertino acquire by condemnation in accordance with the provisions of tho Coda of Civil Procedures relating to eminent domain for the uses and purposes of the instal- lation of a water pipe line,, an asnemoub upon,, over, across and in the rollowtng dosaribbd lands, situate in the County of 5 nta Clear,a, State of California, described an follows,, to Vitt M •� M 1 r, (a) Ruseoll No er" Mo R. kollard, husband sM ulte, as joint tv+&VAO; (b)+ CantiAaatal k=11J r bompsny e , a corporutlm,, •xa tmotee Ser book air America Nit T-w & 3, A* La the eze►yunt of #14 U *000; (a) Pacific Ose & MAwtria Company„ a aorpora'tion, vith right of 40 ft average over. -bang anal anchor eaaeae ub All of the land and JAVmvvmwntx in the City of Cuu.� eartinop Cnunty of Santa Clara, State: of C,aliforni with all right title and intsroat in the above, described as follows: MINKING at thalr most southerly corner of lot 132,, an said lot Is shwa and delineated on that certain "p ontitled, "Kap of ft-act 1456, Crestoh,, Unit 3, eta & riled of reoord April 5; 1955# in Book 55 of Zlaps at pages 40 and 41, Official Reoords of Santa Clara County; and rur=ing thence 3;orth 31 581 2 0 " Rest along the southeasterly line of maid lot 132, 78 foist to the northeasterly corner Vperaof; thence North 8 0 391 50" West along the nortLerly lino of said lot 13�, 22.37 foot to thu intersection with aline drawn parallel to and distant northwesterly, measured at right angles, 20 # 00 foot from the aforementioned ■outhoastorly lin of lot 132; thence South 31 58t 20" West along said parallel line 79.31 feet to .the intersection with the southerly :Line of said lot 132; thence South e40 39 50` &at along last mentioned line 22 feet to the paint of bee,1nning Elliott Proger! (a) William Be and JLdelene Elliott, husband and wife, as point tonax:.ta; (b) let need of Truat - Union Bank and Trust Company of Los Angeles, a corporation, an trustee fa Hotropolitan Lifo Insuranoe Company a corporation; (o) 2nd ]Dead of !hwast - *►rostern Title Insurance Company, a corporatioup as trustee for Elizabeth S. Mocin in the amount of $3 9 000 a OO ; (d) Pacific One & Mi *atria Gotapany, a corporation with rig)rt of - w%y of 40 f't average over hang and anchor eaeeatent• All of the lazed and Imp rozre➢ea'erlts in the City of Cupartino, County of Banta Olaaroi Btattel of California, with all right, title and interest in 1" s3wv*p described as followst Ir 2 M ONOM "a - .MG at t Ayaa xt southerly corner of 1 133„ as said l -at Ss v,g► -i rya id dol.:trseated on that vartalm amap enbltlad 'Hap of , !�vav :t 1,.l i56„ Qre�conp @laic '4 at c*, O t tiled of r000rd Ar. - r. 1 in Book 55 of ;►? a at pagoa :0 ezid 4T x 1,,, '' .+ Xtocards of Strite Olar.a 04rxnty; said rimming them v J ktrtii J1 .58 20" iirat ;:Img tbb asouthimsterly 1 . a *X :s*14 lot, 1 31r 78.31. l *(A to the mortlks&3torly oornpr ii,,or+ of; then** Mart.14 84 39c 5 0 4 West along the nortimo -Ay of a,ai.d lot, 1 33r ; . 2, ,,37 feet to tho 1nt*roactir,.x wig a 11mo drawn par,allol to sad dis- tant rsorthuestfirlyo 'x&immrad at right enSlemp 2:0 toot from tho atovamumttlorwd southosstsl�ly lisosv of lot 133; thence Sough 31'x` OF 20" ;fast along said parallel lino 78.31 feet to U& intrrsactiov. with the souttxmrlg line of said lot 1,33; tbonae South 84 399 50" Bast a ang last rentione9d 14vA 22.37 feet to tho.point of beginninge Duckworth Progert -v - (a) .r''oseph R. and Dorothy Dwokworth husband and wife as joint tonants and Dap-Artment of Veterans t Atfairs of the State of California a publl,o +agency as their interests may appear; (b) Pacific Clan & Nlectric Company, a corporation with right -of -gray of LD St. average over - hang and anchor e ssenent. All of t2-.e land and 1_-:provenents in the Citr of Cupertino County of Santa Clara state or Califomla with all right, title and interest in the move, described as follows: at 'thee most southerly corner of lot 134# as ssii lot is shown and delineated on that certain map entitled, "Map of Tract 1456 Creston Unit 3 atc. " .filed of record April 5, 1955, in Book 55 of limps at pages ..0 and 41 Official Records of Santa Clara County; and r.: -ring thence, Norge 31 50 20" East al,ovz tha eouthoA3torly line of said lot 134 78.31 feet to the northeasterly corner thereof; thence North 846 39 550" West a_.ng the north* ;Ay line of said lot 134, 22.37 ,feet to the inter±ection with a line drawn parallel to and distant northwes measured at righst• angles 20.03 feet from the aferrettenti.oned southeasterly line of lot 1.�4; thence South 310 5 8t 20" W est along said parallel line x",31 feet to the intersectiori with the noutherly line of said lot 134; thenoo South 840 3 9 1 50" East along last mentioned line 22,37 feet to tho point of bogirning, ?((I) A F r MD BS IT i'CftUM N:i; OLV10) by tho ,Cite Council or 3thlo City of Cupertino that tray city attorney of said airy be and I-A In } ov6by diraetcYdp s. authorisad Pied wapow rodt 1. :'o inatituta maintain and prcitoaute in the name of tbe City of Cupoi -tine procasdi.ngo in the Suparlor Court of the Atete of Cali.fa ie• Ui and for the County of Bjwts Clara fmv the oonuaar rstlon of tlu-t . nertPAn roa l property dasaribed he;ratin for the uses grad purposes of to o lunta►llation of a w'attr pipe lino, and to take all steps nooeseary for -the con- dwmation of ,such easomat In the nam of the City of,Cupo rtino; 2. To make an application to said Court for an order fining the amount or amounts of such security in the uny of money deposits as said Court may direct to be made upon the taking of possession of said casement by the City of Cupertino, and perruitting said uity of vupertino to take mediate possession and use of said easomentj 3. To make deposit or such security out of proper funds of the City of Cuportino in such amo:uit or amounts so fixed and determined and in such mann ©r as said Court, in which the condemr.stion proceodings herein authorized aro pending, may direct,. PASSELD AND ADOP73D at at rogular meeting of the City Council of the City of Cupertino, this 26th day of June, 1961, by the following vote: AM: (4) Counoi]m z% Jewett, Pelosi, Caioh and Lazanoo RMS: (0) Council, Mond ABSMt(;!) Counciltmn, Denotti T: ;Y clark 3 4 Y A ti