HomeMy WebLinkAboutResolution - City Council - 72-112 - 1972-05-11. RESOLU'l'ION NO.· 72-112
RESOLU'J.1ION DETERMINING THAT PUBLIC INTEREST
AND NECESSITY REQQIRE .ACQUISITION OF PROPER'l'Y
FOR PUBLIC STREET PURPOSES AND AUTHORIZING
EMINENT DOMAIN PROCEEDINGS--MAROA AND SHIELDS
WHEREAS; it appears necessary and desirable that real prop-
erty be acquired by the City of Fresno for the purpose of con-
structing and maintaining. thereon a public improvement, nanie1y, ..
a right of way for public street purposesi and ,
WHEREAS, the hereinafter-described property hus been selected
as the location for said public improvement \~hich will be the
most compatihle·with the greatest public good and the least pri-
vnte :I.njury;
NOW, THEREFORE I IT IS RESOLVED that the Council of the city
of Fresno finds, determines, and orders as follows:
1. The public interest and necessity require the acquisition,
construction, and completion by said City of a public improvement,
namely, a right of way for public street purposes in and upon· the
parcels of real property hereinafter described.
2. 'rho acquisition by said City of a fee simple estate in
. and to the hereinafter-described parcels of real property is
necessary £orthe aoquisition, oonstruction/and completion of
said proposed public improvement.
3. Said proposed public improvement is planned and located
in the manner which will be most compatible with the greatest
publicgpod and the least private injury.
4. The City Attorney o£ said city is authorizeU and directed
to institute and conduct to concl~5ion, in the name of said City,
proceedings in eminent domain· including arbitration of compensa-
tion, in accordance wit~ the provisions of the Constitution of
California·nnd the Code of Civil procedure:
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(a) To acquire in the name of said City, a fee simple
estate in and to the parcels of real property hereinafter
describedi
(b) Toacqulre in the name of said City} all the exist-
ing improvements which are located partially within and
partially outside the boundaries of said parcels of real
pl'operty, together with the right and· easement to en ter upon
the· OYlners J remalning lando outs.i.de the boundaries of said
. parcels of real property at any time yli thin 120 clays after.
an order forlmrriedintcPoggession is obtained, or within 120
days after Final Juc1gment in Condetanation is entered, for·
the purpose of removing all of said existing improvements
whenever such entry is necessary to remove said improvements.
(c) Toacguire the right to enter upon the O\.mers J
remaining adjacent property as may be necessary or convenient
to make minor grade adjustments and accomplish concrete
'transi tions.
{d) '1'0 apply 1 in the name of said city I for an order
of the cour t permitting said Ci ty to take iTrunediate posses-
s.1.on and UI'JC of said parcels of real property and any exist-
ing improvemen ts thereon as a righ t. O.r 'tray for public use J
and fixing the amount of security in the way of money
deposits to be deposited by said City in accordance with
the provisions of the Constitution of California;
5.· The Controller of said City is authorized to make de-
posit/out of proper funds authorized for the acquisition of said
realproperty,such amounts and in the manner as the court may
ilirect, or into an escrow for purchase of said property.
6. The parcels ofrenl property, interest in real property,
anc1 existing improvements I the acquisition of lt/hich is authorized
by this resolution, are situated in the City of Pre~HloJ county
of Presno, stato ofCalif6rnia, and are describec1 as follows:
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Parcell
A portion of Lot 24 in Block 18 of College Park, as said
lot is shown on the map of College Park, filed in the
Off:ico of the County noco:rder, March ll} 1921, lrod
recorded in volume 9 of plats at page 9 and 10 I J'rC.!H10
County Records, and more particuJ:arly described as
follows; . .
Beginning nt the Northwest corner·of said Lot 24; thence
south 00° II' 00" West along the West line of said Lot 24,
a distance of 134.40 feet to the southwest corner of said
Lot 24; thence North 89° 35' 00" East-along the south line
6f said Lot 24,a distance of 10.00 feet; thence North 00°
11'00" East along a line t-lhich is· parallel with and 10.00
feet East of the west line of said Lot 24, a distance of
126.48 feet; thence Northerly and Easterly along a tangent
cur~eJ concave to the Southeast and having a radius of 8.00
feet, through an interior angle of 89° 24 I 0011 an arc·
distance of 12.48 feet to its tangency with the North line
.. of said Lot 24, thence South 89 ° 35' 00" West along the
North line o£ said Lot 24, a distance of 17.92 feet to
the point of beginning.
Parcel 2
. A portion of Lot 33 of Thomas Tract , . as sid<1 lot is shet-m
on the map of Thomas .rrract,filed in the Office of the
County Recorder, February 5,. 1947, and recorded in Volume 13
of Piats at Page 40, Fre~no County Records, and more par-
ticularly dosoribed aa follo\lJs:
Beginning on the East line of said Lot 33, at a point whicH
is 10.00 feet North of the southeast corner of said Lot 33;
thence North along the East line of said Lot 33, a distance
of 112.50 foetI t.o a point \-,hich is 8.00 feet:. South 6fthe
Northeast corner of said Lot 33; thence south 89° 24' 00" -
West along a line which is parallel with and 8.00 feet South
of the North. line of said Lot 33, a di~tance of l2.00feet;
thence south along a line which is parallel with and 12.00 fe~t West. of the East. line of said Lot:. 33, n distance of
97.66 feet; thence southerly and Westerly along a tangent
curve concave to the North\'lest and having a radius of 15.00
feet, through an interior angle of 89° 24' ~O", an arc
distanco of 23.40 feet to its tangonoy with aline which
is parallel with and 10.00 feet North of the South line of
said Lot 33; thence North 89 0 24' 00" East along ~ line
whic;:h is parallel with·alid 10.00 feet North of the South
line of said Lot 33l a distance of 26.84 feet to the point
of begirining.
ADD/hb
·5/5/72
MarOa and Shields
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1 hereby cerlify. ihut tbe foregoil1g Resolution No ............ :.: ... , ............. 1.2.-::1.1.2 .............. , ................. .
waJ regularly paHed dud (ltlopted by Ihe Council 0 f Ibe Cil)' 01 Fremo, til it mee/illg held ..... :!~.~~ ...... ·
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N oe J: ........... !~~.~*.§ .......... : .............. : .. : ........................ ~ .................... _: ...................... ::.~ ................... ! ••• , ............ ..
. Non~ ".
Absent: ...................................................................... ~ ............................................................. : ............................ .
. IN WITNESS WHEREOF 1 ha~e hemmta Jvl my hand 11!1d affixed Ihe Seal o/Iheei,y 0/ frt.f1ln
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