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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. -1- 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 -2-