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CI~ OF SAN BERNARDI~ - REQU'" FOR COUNCIL AC.N
From: Ralph II. Prince
Subject: Hospi tal i ty Lane -- Eminent
Domain Proceedings
Dept: City Attorney
Date: June 21, 1985
Synopsis of Prev.ious Council action:
At the January 21, 1985 Council meeting, Resolution No. 85-17 was
adopted relating to eminent domain proceedings for Hospitality Lane.
Recommended motion:
Set hearing for July 15, 1985 at 9:00 a.m.
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Ignatu re
Contact person:
William Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount: S144,'lnn nn
Bond Proceeds
Source: A~SeSSlReRt Diet.z-tet 961
Finance: p- t:R~
Council Notes:
75-0262
Agenda Item No
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CIT10F SAN BERNARDINt - REQUE~ FOR COUNCIL ACTIN
STAFF REPORT
On January 21, 1985, the Mayor and Common Council adopted
Resolution No. 85-17, which resolution accepted the
appraiser's determination of fair market value of vacant land
east of Waterman Avenue and north of Freeway 1-10 in the
City, ratified an offer of $144,500.00 as the fair market
value of said property, made findings and determinations
relating to the necessity of acquiring certain described real
property at said location for the eastward extension of
Hospitality Lane and construction of a bridge over San
Timoteo Creek, and authorized the City Attorney to commence
and prosecute eminent domain proceedings.
Subsequently, it was determined that the legal description
required correction and clarification. In order to make such
a correction, the previous action of the Mayor and Common
Council must be repealed.
Prior to readopting a resolution of necessity, the Mayor and
Common Council must give each person whose property is to be
acquired by eminent domain an opportunity to appear and be
heard on the following matters:
1. That the public interest a~d necessity require the
project,
2. That the project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury, and
3. That the property sought to be acquired is necessary for
the project.
It is necessary that a hearing be set for July 15, 1985, at
9:00 a.m., in order that the resolution of necessity be
readopted and condemnation may proceed.
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