1984-159-Approving Settlement Of Litigation Relating To Easement Domain Action No. 47445 Filed In The Santa Clara County Superior Court: Authorizing The Mayor To Execute The Settlement AgreementRESOLUTION NO. 1984 -159
A RESOLUTION] OF THE TOWN OF LOS GATOS APPROVING
SETTLEMENT OF LITIGATION RELATING TO EMINENT
DOiAIN ACTION NO. 47445 FILED IN THE SANTA CLARA
COUNTY SUPERIOR COURT: AUTHORIZING THE MAYOR TO
EXECUTE THE SETTLEMENT AGREEMENT: AND REFERRING THE
OPEN SPACE EASEMENT TO THE PLANNING COMMISSION.
WHEREAS, the Town of Los Gatos filed an eminent domain proceeding
in Santa Clara County Superior Court (Action No. 47445) seeking to condemn
certain real property owned by the California Province of the Society of
Jesus for park, recreational and open space purposes and said action is
currently on appeal in the California Court of Appeals, First Appellate
District, No. A015539; and
WHEREAS, the Town of Los Gatos has determined that the proposed
settlement of said litigation as set forth in the "Agreement in Compromise
and Settlement of Disputed Claims ", a copy of which is attached hereto as
Exhibit "1" and incorporated by reference herein, is appropriate in the
public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL that the Town
of Los Gatos approves the Agreement in Compromise and Settlement of
Disputed Claims, set forth as Exhibit "I" attached hereto, and authorizes
and directs the [Mayor of the Town of Los Gatos to execute said Agreement.
BE IT FURTHER RESOLVED that the Open Space Easement on the
subject property be referred to the Planning Commission to determine its
consistency with the Town General Plan, such determination to be made for
report to the Town Council no later than October 1, 1984.
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PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at a special meeting held this 10th day of September, 7984, by
the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson
Terrence J. Daily, Brent N. Ventura
and Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
SIGNED:
ATTEST:
o ?
CLERK OF THE TOWN OF- LO 7fG5
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