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RESOLUTION NO.
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 EMINENT DOMAIN
OF CERTAIN PROPERTIES FOR STREET AND HIGHWAY PURPOSES FOR THE
IMPROVEMENT OF "D" STREET SOUTH OF RIALTO AVENUE IN THE CITY OF
SAN BERNARDINO*
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6'OF SAN BERNARDINO AS FOLLOWS:
71 SECTION ONE: The Mayor and Common Council of the City of
8 San Bernardino find, determine and hereby declare that:
9 (1) The public interest and necessity require the acquisition,
101;construction and completion of a public improvement, to wit:
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extension of "D" Street south of Rialto Avenue; in the City of San
Bernardino over and across that certain real property hereinafter
described in this resolution;
(2) For the acquisition, construction and completion of
the extension of "D" Street; it is necessary that said City acquire
and take the following described easement for street and highway
purposes in, through, over, along and across that certain real
property situate in the City of San Bernardino, County of San
Bernardino, State of California, more particularly described as
follows, to wit:
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BEGINNING at the intersection of the centerline
of Rialto Avenue (82.50 feet wide) and "D" Street
(80.00 feet wide); thence south along centerline
of "D" Street a distance of 83.12 feet to a point
in the centerline of "D" Street; thence east a
distance of 40.00 feet to a point in the easterly
line of "D" Street, said point being the TRUE
POINT OF BEGINNING; thence south a distance of
127.57 feet to a point in the east line of "D"
Street; thence east a distance of 45.43 feet to
a point; thence north 63' 00' 00" west a distance
of 61.65 feet to a point in a tangent curve con-
cave to the northeast and having a radius of
160.00 feet and a curve length of 75.40 feet;
thence northerly along said curve a distance of
75.40 feet to the TRUE POINT OF BEGINNING.
(3) That said easement in and on said real property is
necessary for the acquisition,` construction and completion of
such public street; and
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(4) Said easement is planned in a manner which will be most
compatible with the greatest public good, and the least private
in j ury.
SECTION TWO: The City Attorney of the City of San Bernardino
is hereby authorized and empowered:
6 (1) To acquire,` in the name of the City of San Bernardino
7 said easement for street and highway purposes, by condemnation
8 in accordance with the provisions of the Code of Civil Procedure
91 and of the Constitution of California relating to eminent domain;
10 (2) To prepare and prosecute, in the name of the City of San
11 Bernardino, such proceeding or proceedings in the proper court
12, having jurisdiction thereof as are necessary for such acquisition;
13 (3) To make application to said Court for an order fixing the
14 amount of such security in the way of money deposits as said Court
15 may direct, and for an order permitting said City to take immediate
16 possession and use of said real property, or interests in real
17 property; and
18 (4) To make deposit of such security out of proper funds in
19 such amount so fixed and determined, and in such manner as said
20 Court in which such condemnation proceedings are pending may direct,
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San Bernar-
23 dino at a �a meeting thereof, held on the
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d29 day of c : ��!. , 1968 by the following vote, to wit:
25 AYES: Councilmen
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27 NOES: J
28 ABSENT :--
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31 The foregoing resolution is hereby approved this 3d•-day
1968.
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Approved as to form:
Mayor o t e ity of San Bernino
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.City Attoftey