HomeMy WebLinkAbout9163 Declaring Public Interest require Acquisition by Negotiation and-or Eminent Domain for H St Storm Drain
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RESOL UTION NO. t7 / <:::3
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FINDING, DETERMINING AND DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY NEGOTIATION AND/OR
EMINENT DOMAIN OF A CERTAIN RIGHT-OF-WAY FOR CONSTRUCTION OF THE
"H" STREET STORM DRAIN IN THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: The Mayor and Common Council of the City of San
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Bernardino find, determine and declare that:
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(1) The public interest and necessity require the acquisition, construction and
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completion of a public improvement, to wit: the "H" Street Storm Drain from 17th
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Street in the City of San Bernardino, south to the east branch of Lytle Creek Wash
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and over and across that certain real property described on sheets 28 and 29 of the
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City of San Bernardino right-of-way maps, Plan 3567 and sheet 1 of City of San
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Bernardino~i'ight-of-way map, Plan 3795;
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(2) For the acquisition, construction and completion of said "H" Street Storm
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Drain, it is necessary that said City acquire and take the parcels shown on said right-
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of-way maps;
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(3) That said rights-of-way in and on said real property are necessary for the
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acquisition, construction and completion of said "H" Street storm Drain; and
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(4) Said "H" Street Storm Drain and rights-of-way necessary for completion
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are planned in a manner which will be most compatible with the greatest public good
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and the least private injury.
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SECTION TWO: The City Attorney of the City of San Bernardino is hereby
authorized and empowered:
(1) To acquire, in the event that negotiation with the property owners is not
successful, in the name of the City of San Bernardino said rights-of-way for storm
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drain purposes byeondemnation in accordance with the provisions of the Code of
Civil Procedure and of the Constitution of California relating to eminent domain;
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(2) To prepare and prosecute, in the name of the City of San Bernardino,
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such proceeding or proceedings in the proper court having jurisdiction thereof as
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are necessary for such acquisition;
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(3) To make application to said Court for an order fixing the amount of such
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security in the way of money deposits as said Court may direct, and for an order
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permitting said City to take immediate possession. and use of said real property, or
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interests in real property; and
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(4) To make deposit of such security out of proper funds in such amount so
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fixed and determined, and in such manner as said Court in which such condemnation
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proceedings are pending may direct.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernar.dino at a,.;"lt";n!.~'/. ,f. ;t'/IMJ
meeting thereof, held on thec277i day of 9A~Z , 1968, by the following
vote, to wit:
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AYES:
NOES: ~~_~~
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ABSENT: ./ZJ../~_
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City Clerk
The foregoing resolution is hereby approved this ,,,:?;,..-;::a!
day of /0A..-:/
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Mayor of the City of San Ber rdino
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City Atto ey
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