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Home My WebLink About5419_CCv0001.pdf RESOLUTION NO. 5419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DECLARING THAT THE ACQUISITION OF THE FEE INTEREST IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR THE CONSTRUCTION OF THE CITY OF REDLANDS' PROPOSED EUREKA STREET WIDENING PROJECT (APN 169-156-20 and 21,owned in fee by the Lorelei H. Richards Trust,Kent Richards,Karen Gary and Lorelei H. Richards,trustees) WHEREAS, the City Council of the City of Redlands ("City") proposes to acquire the fee interest in certain real property, designated as APN 169-156-20 and 21, for the purpose of constructing its "Eureka Street Widening Project" pursuant to the authority granted to the City by Section 37350.5 of the California Government Code; and WHEREAS, pursuant to 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for September 16, 1997 at 7:30 p.m., at the City Council Chambers located at 35 Cajon Street, Suite 2, Redlands, California, and gave to each person whose property is to be acquired and whose name and address appears on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded the opportunity to be heard on said matters; and WHEREAS, the City may novo adopt a resolution of necessity pursuant to Section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS as follows: Section 1. Compliance with California Codf.o _Civil Procedure. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. P The public use for which the real property is to be acquired is to construct the City's "Eureka Street Widening Project." Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain property necessary for such purposes. SDL Xn8 W113301 Section 3.__ Description of Property. Attached and marked as Exhibit "A" is the legal description of the real property to be acquired by the City. Attached and marked as Exhibit "B" is the plat map depicting the location of the property. The legal description and plat map describe the general location of the property to be acquired with sufficient detail for reasonable identification. Section 4 Findings. The City hereby finds and determines the following: a. The public interest and necessity require the proposed project; and b. The proposed project is planned or located in the manner that will be the most compatible with the greatest public good and with the least private injury; and C' The property is necessary for the proposed project; and d. The offers required by Section 7267.2 of the California Government Code were made. Section 5. Use N t UnreasonablyjaLgrf rin with Existing Public U Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights- of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City Attorney for the City of Redlands is authorized to acquire the property subject to such existing public uses pursuant to Section 1240.510 of the California Code of Civil Procedure. Sectign 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public use. To the extent that the herein described use or uses will unreasonably interfere with or impair continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. The City Attorney for the City of Redlands is authorized to acquire the property appropriated to such existing public uses pursuant to Section 1240.610 of the California Code of Civil Procedure. City staff is further authorized to make such improvements to the property being acquired that it determines are reasonable and necessary to mitigate any adverse impact upon existing public uses. SDIrrBWW3502 Section 7, Excess Condemnation. A portion of the real property to be acquired is a remnant that, if not acquired, would be left in such size, shape, or condition as to be of little market value. Accordingly, the City may exercise the power of eminent domain to acquire this remnant under the authority of Code of Civil Procedure Section 1240.410, Section 8 Further Activities. The City Attorney for the City of Redlands is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and the City Attorney is further authorized to institute and prosecute such legal proceedings as may be required in connection therewith. The City Attorney may take such steps as may be authorized and required by law, and make such security deposits as may be required by order of the court, to permit the City to take possession of and use said real property at the earliest possible time. The City Attorney is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that is deemed necessary for the conduct of the condemnation action, or any other proceedings or transactions required to acquire the subject real property. The City Attorney is further authorized to retain outside legal counsel to institute and prosecute such legal proceedings as may be required to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain. ADOPTED, SIGNED AND APPROVED this 16t-1alay of Septa r , 1997, Mayor Pro Tempore, City of Redlands ATTEST. �ePoyzer,iWC]erk satrnB"\3501 I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th in day September, 1997, by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, and Banda NOES: None ABSTAIN: Councilmember Larson ABSENT: None Lorrit/Poyzer, "irk SDLFr\9WB13501 Plat Map Exhibit "B" TA T rll a rl.lel Y J U 42 a � m 40 zc ® a 39 " e z! r I f! b o 19 o a g3 h c—PfIGH A�--; 0 37 0 t0 +, t !i 1� 54 to r is ,� v �: r' iZ f4 Y tr3 0 S sa fi --- It 1171 3f 1 30 ]9 , !t I .o I sa .a wre 1 AVE— I--1 P,ar. d 1 1T r. :% y. ]i — ~ , I ' t• , 1 1 1 1 - 1 �� 1 2f12212312t123.76 �. rr'a rv.n fe esl rl.le. ur eer-,i-lus rre. 11. 11 rl Ian."r Par. 2 1 Per. 3 \1' G 1 ---------------- i - For. 'r r(r iir.ti-I7. it efi 110 --------- If. ` _ Per. 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