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HomeMy WebLinkAboutResolution - City Council - 71-227 - 1971-07-15Public Works. 1 RESOLUTION NO.. 71-227 BEFORE THE· COUNCIL o.F THE CITY o.F FRESNO, STATE OF CALIFORNIA In the Matter of ) ) CITY OF FRESNO ) ASSESSMENT DISTRICT NO.. 49 ) ------------------------) RESOLUTION DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF PROPERTY FOR PUBLIC STREET PURPOSES AND AUTHORIZING EMINENT DO~ffiIN PROCEEDINGS ON No.RTH PEACH AVENUE BETWEEN EAST OLIVE AVENUE AND EAST McKINLEY AVENUE WHEREAS I it appears necessary and desirable that additional real property be acquired by the City of Fresno for the purpose of constructing and maintaining thereon a public improvement, namely, a right of way for public street purposes; and WHEREAS, the hereinafter described property has been selected as the location for said public improvement which will be most compatible with the greatest public good and the least private. injury; IT IS RESOLVED that the Council of the city of Fresno finds l determines and orders as follows: 1. The public interest and necessith require the acqu~sition, construction-and completion by said City of a public improvement, namely, a right of way for public street purposes in and upon the parcel a of real p;roperty hereinafter described. 'i. The acquisi tioD by said City of a fee simple estace in and to the hereinafter described parcels of real property is necessary for the. acquisition# .. .' . /£~.4L~ /t~. HELON. MANFREDO & CHIELPEGIAN· . C--/ . ... . ATTORNEYS AT LAw· I&I.I,n I. usa I. ST"""T construction and .completion of ?,/-~.':<--:7 O?¢ ~r:"-<-d. 7c;-l-./~ /·/~-~7.....2 . ~U . P :-SSED ......... ~ •• J.. S.~1.8 ... . I'IHUtNQ, CAl.li"'OltNl1I ~3" ~ I 1'ln.&I'ttoHk (200) 11110.()~ II rrFECTIVE . 71 -l~ '-..... ;,. ...... :t .... ,,~'"' ............. ~ .. . e- said proposed public improvement. 3 0 Said proposed public improvement is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 40 The City Attorney of said City is authorized and directed to institute and conduct to conclusion I in the name of said City, proceedings 1.n eminent domain, in accordance with the provisions of the Constitution of California and the Code of Civil Procedure: (a) To acquire, in the name of said city, a fee simple estate in and to the parcels of real property here- inafter described, together with the right and easement to enter upon the owners I remaining lands outside the boundaries of said parcels of real property at any time within 120 days after an Order for Immediate possession is obtained, as provided in said Order of Immediate Possession , or within 120 days after Final Judgment in Condemnation is entered, for the purpose of removing all of said existing improvements; (b) To acquire, in the name of saidCity~ all the existing improvements which are located partially within and partially outside the boundaries of said parcels of real property: (c) To apply, in the name of said City, for an order of the Court permitting said City to take immediate possession and use of said parcels of real property and any . existing improvements thereon as a right of way for public use, and fixing the amount of security in the way of money deposits to be deposited by said City in' accordance with the provisj-ons of the Constitution of California. 5 • ." The controller of said City is authorized ·to make deposit, out of proper funds'authorized for the acquisition of ....•. HELON. MANFREDO & CHIELPEGIAN ATTORNEYS AT LAW IIUlllI h 1330 t. STRUT I'RUNO. CALIFORNIA \)3721 . ,'Jl[L..,.HON. (208) 28B.lISI1 said right of way for public street purposes} of such security, in such amount.s and manner as the hereinbefore mentioned order of the Court may direct. 6. The parcels of 2eal property, interest in real property, and existing improvements, the acquisition of which is authorized by this Resolution, are situated in the city of Fresn'o, County of Fresno, State of California , and are described as follows: PARCEL 1: (APN 455-020-10 S & M) That portiort of Lot 5 in Dlock 2, being in the -Northwest Quarter of Section 32, To~mship 13 SouthJ Range 21 East, Mount Diablo Base and Meridian, as Baidlot is shown on the map of Nevada Colony, filed in the office of the County Recorder December 13, 1880, and recorded in volume 2 of Plats at Page 37, Fresno County Records and more particularly described as follows: Beginning at a point which is 25.0 feet North of the South line of the Northwest Quarter and 25.0 feet East of the West line of the Northwest Quarter of said section 32 1 being also the southwest corner of said Lot 5j thence Northerly along a line which is parallel with and 25.0 feet East of the West line of the Northwest Quarter of said Section 32/ to the Northwest corner of said Lot 5; thence Easterly along the North line of said Lot 5, 18.00 feeti thence Southerly and parallel to the West line of the said NorthweGt Quarter to a point which- is 43.00 feet East of the West line of the said Northwest Quarter and 60.00 feet North of the South line of the said Northwest Quarteri thence Easterly, a distance of 7.00 feet to a point 'of cusPi thence southerly and Easterly along a tangent curve, concave to the Northeast and having a radius of 20.00 feet to a point of cusp, being a point which is 40.0 feet North of the South line of the Northwest Quarter and' 70.0 feet East of the west line of the Northwest . Quarter of said Section 32j thence southerly along aline which is parallel with and 70.0 feet East of the West line of the Northwest Quarter of said s~ction 32 , a distance of 15.0 feet to the intersection with a line which is parallel with and 25.0 feet North . of the South line of the Northwest Quarter of said .. section 32 , thence westerly along a line which is - parallel with and 25.0 feet Narthof the South line of the Northwest Quarter of said Section 32, a distance of 45.0 feet to the point of Beginning. ~ogether with all of the existing improvements located partially within and partially outside the boundaries of said parcel of real property, and together with the right and. easement to enter upon the. adjacent lands of tbe.owner remaining after the severance of said parcel therefrom at any time within 120 days after an order HELON_ MANFREDO & CHIELP(;GIAN 'ATTORNEYS AT LAW surn: 1. 1330 L STRUT FRESNO. CALIFORNIA 9372.1 Tl:1.&PHOHE (209' 268-9311 -3- " for Immediate Possession is obtained or within 120 days after entry of Final Judgment in condemnation, for the purpose of removing all of said existing improvements. PARCEL 2: (APN 455-030-21) That portion of Lot 11 Block 1 of the Nevada Colony recorded in Plats, BOOK 2 at Page 7, of Fresno County Records described as follows: Commencing at a point which is 105.00 feet South· of the North line of the Northeast Quarter of Section 31, Township 13 South, Range 21 East, Mount Diablo Base and Meridian, and 25.0 feet West of the East line of said Northeast Quarter, said point being further described as' being on the South line of the Atchison- . Topeka and Santa Fe Railroad Right of WaYi thence Southerly along a line which is parallel to the East line of the said Northeast Quarter to the Northeast corner of Tract 2121 Bel-Aire Gardens I as recorded in Plats, Book 23 at Page 62} Fresno County Recordsj thence Westerly along the North line of said Tract 2121 a distance of 18.0 feet; thence Northerly and parallel to the East line of the said Northeast Quarter to a point on the south line of the Atchison-Topeka and Santa Fe Failroad Right of Wayj thence Easterly 18.0 feet to the Point of Commencement. Together with all of the existing improvements located partially within and partially outside the boundaries of said parcel of real property, and t0gether with the right and easement to enter upon the adjacent lands of. the owner remaining after the severance of said parcel therefrom at any time within l20 days after an Order for Immediate Possession is obtained or within l20 days ' after entry of Final Judgment in Condemnation, for the purpose of removing all of said existing improvements. PARCEL 3: (APN 455-010-0lU) That portion of LotI} Block 1 of the Nevada Colony recorded in Plats, Book 2 .at Page 7 of Fresno County Records described as follows: Commencing at a point which is 105.00 feet South of the North line of the Northeast Quarter.of Section 31 1 Tovmship 13 south, Range 21 East, Mount Diablo Base and Meridian, and 25.0 feet West of the East line of said Northeast Quarter, said point being further described.as· being on the South line of the Atchison-Topeka and Santa Fe Railroad Right of Way; thence Northerly along a line which is parallel with the East line of the Northeast Quarter 40042 feet; thence westerly parallel with the South line. 0f the Atchison-Topeka and Santa Fe Railroad Right of Way 18.00 feeti thence Southerly and parallel with the East line of the' Northeast Quarter 40.42 feet to a point on the South line of said Railroad· Right of Way; thence Easterly along the South line of Railroad Right of Way 18 .. 00 feet to the Point of Commencement. HELON, MAN'FREDO & CHIELPEGIAN ATTORN8:VO AT LAW BU,T'& 1;·1330 L STREET FRESNO. CALIFORNIA 93721 .TlUPHONI (209) 268·9311 -4- Together with all of the existing improvements located partially within and partially outside the boundaries of said parcel of real property I and together with the right and easeme~t to enter upon the adjacent lands o£ the owner remaining after the severaDce of said parcel therefrom at any time within 120 days after an Order for Immediate Possession is obtained or within 120 days after entry of Final Judgment in Condemnation, for the purpose of removing all of said existing improvements. * * * * .* HELON. MANFREDO & CHIELPEGIAN ATTORNEYS AT LAW SUIR I. 1330 L STRUT I"RItSNO. C"LIFORNI" 93721 nL1l:rHONI (200) 260.9311 -5- ! CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUWpy OF J?RESNO ) 88 • CITY OF FRESNO ) I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, California, certify that the foregoing is a true copy of Resolution No. 71-227 ,which was duly adopted and passed by the Council o:fthe city of Fresno at a regular meeting of said Co~nci.l held on July 15 I 1971 1 by a two-thirds vote of the mernbersthereof l as follows: AYES: Bell, Camaroda, Logan, Stefano, Villa,Mayor Wills NOES: None ABSENT:Waserniller IN WITNESS WHEREOF 1 I have hereunto affixed my hand and the seal of the City of Fresno l this 15th day of (SEAL) HELON. M,\NFREDO 8c CHIELPEGIAN ATronNltY9 AT 1.AW Ihnu t. 13.50. L STRut Jl"RESNO. CALIFORNIA 9372.1 TlU:"IfONE.(209) 268-93" July I 1971.