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
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P :-SSED ......... ~ •• J.. S.~1.8 ... .
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1'ln.&I'ttoHk (200) 11110.()~ II
rrFECTIVE . 71 -l~ '-..... ;,. ...... :t .... ,,~'"' ............. ~ .. .
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said proposed public improvement.
3
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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.