HomeMy WebLinkAboutResolution - City Council - 82-476 - 1982-10-05•
IIBSOLUTION NO. . 82-476
A RESOLUTION OF THE COUNC:CL OF THE CITY OF
E1RESNO, CALIFORNIA, DETERMINING TE:A.T PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUTSITION
OF PROPERTY AND AUTHOR:tZING EMINEN:I! DOMAIN
PROCEEDINGS FOR PUBLIC USE AND PURPOSE --
NORTH FRESNO STREET BETWEEN BU.tLi\RD AND
HERNDON AVENUES ..
WHEREAS, it appears 11ecessary and desirable the City o.f
Fresno acquire an easement in certain propert:r, located
parallel and adjacent to North Fresno Stir:eet, between Bullard
Avenue and Herndon Avenue 1;hereinafter called the 0 subjec~t
property"), for. the construction and maintenance of a
r. igh t-of-way for public street and utilities t>urposes
(hereinafter called "the project•), and
WHEREAS, the City of F.resno has the powier and authority to
acquire such real property by eminent domain i.n accordance with
Section 200 of the Charter of the City of Fresno and Section
37350.5 of the Government Code; and
WHEREAS, the subject property, and its ~ren~~ral location
and extent is described in attached Exhibit trA;" and
WHEREAS, in accordance with Section 1245. :235 of the Code
of Civil Procedure, notice and reasonable opportunity to appear
c:1nd be heard on this matter has been given :tc1 ithe p,arsons whose
property is to be acquired by eminent domain. and whose names
and addresses appear on the last equalized cciunty assessment
roll; and
WHEREAS, at such time and place, or as s,oc~n thereafter as
the matter could be heard, the Council received., heard, and
considered information pertinent to the matters. required by
Section 1245.230 of the Code of Civil Procedure to be
determined herein.
NOW, THEREFORE, IT IS RESOLVED the Council of the City of
Fresno finds, declares, determines, ;and orders as follows:
l.., The public interest and neoessi.ty require the
proposed project.
2. The proposed project is planned or lo(:::ated in the
manner that will be most compatible with the greatest public
good and the least private injury.
.. •
3 ·~ An easement for public street and utilities purposes
in the subject property is necessary for the· proposed project •.
4.. The subject propE~rt:r is situated in the City of
Fresno, County of Fresno, State of California, and is more
particularly described in Exhibit 1tA."
5. The City Attorney of the City i.s authorized and
directed to institute and conduct to conclt•sion, in the name of
the City, pi:oceedings in eminent domain, including arbitration
of compensation, in accordance with the pro"i.d.sions of t.he
Constitution of the State of California and the California
Eminent Domain Law, to acquire in the name ,:.,:E the City an
easement for public streets and utilities purposes in the
subject property.
6., Capital Project Account No ... 620-5i910 has been
established· to disburse the necessary funds for tbe acquisition
of the subject property.
7,., The Controller of the City is authorized to disburse
out of the above trust account, as approved by thie C3lty
Attorney, such amounts as may be requi.red in•~luding c:osts and
attorneys' fees, to acquire p(>ssession of or title to the
subject property.
* * * * * * * * *
C L E R'.-E'::'K 1 S ~,e:-:tr RiT l I tC 'A T I O N ----~-II'~ ~---•--....... -.....<t-~---ll~'!I....,_...,._
STATE OF CALIFORNIA
COUMTY OF FRESNO
CITY OF FRESNO
)
) ss.
)
I, JACQUELINE L. RYLE, City Clerk of the City of Fresno 1 certlfy
that the foregoing ,resolution was adopted by the Council of ~he City
of F~. ,r--~-t~~;~al i. fo~nia~ at a reguiar meeting held on the-~~~-day
of , L,~~lh--, 1982.
DEE.:dee
10/1/82
1264/23
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