HomeMy WebLinkAboutCity Council Resolution 181 RESOLUTION NO. _/~./
RESOLUTION AUTHORIZING EMINENT DOMAIN
PROCEE.DINGS:- FRUITVALE AVENUE WIDENING
The City Council of the City of Saratoga hereby
resolves that it finds and determines and hereby declares
that:
S.~cti.qn l: The public interest and necessity require
' the acquisition, construction and comple-
tion by the City of Saratoga of a public improvement, namely,
the widening of certain portions of Fruitvale Avenue, and the
public interest and necessity require the acquisition of the
hereinafter described real property for the construction of
the above-described public improvement, and such property,
and a fee simple in said property, is necessary ther~or.
Said public improvement is planned and located in the manner
which will be most compatible with the greatest public good
and the least private injury.
~ection 2_: Pursuant to Article l, Section 14 of the
California State Constitution and Title
VII, Part 3 of the Code of Civil Procedure of said State,
the City of is hereby authorized and empowered to
take all necessary steps to acquire a fee simple title to,
and an easement and right of way over, and under and along
the heroinafter described real property, or interests in
real property, by condemnation, for the purpose of the above-
described public improvement, and to obtain immediate posses-
sion of the same upon the commencement of said proceedings,
and in furtherance thereof, the City Attorney of this City is
hereby authorized to prepare and prosecute, in the name of
the City of such proceeding or proceedings in the
proper court having jurisdiction thereof as are necessary
for such acquisition, and to make application to said court
for an order fixing the amount of such security in the way
oi' money deposits as said court may direct, for one or more
of the parcels of said real property, and to apply for and
secure an order permitting this city to take immediate
possession and use of all of said real property, or interests
in real property, or any one or more parcels thereof, and to
cause to be deposited such security out of proper funds under
the control of this city, in such amounts so fixed and deter-
mined, and in such manner, as said court in which said con-
demnation are pending may direct, for one, more,
or all of the parcels of said real property, and to take such
other and further steps as are necessary to proceed to and
conclude the condemnation of said real property in accord
herewith for the above described public improvement°
Section ~:~ The real property, or interests in real
property, which the City of Saratoga is
by this resolution authorized to acquire for said public
improvement, consists of five (51 parcels and is more
particularly described on Exhibit "A" collectively attached
hereto and heroin by reference.
The above and foregoing resolution was duly and
regularly passed and adopted at s regular meeting of the
City Council of the City of Saratoga, held on the lSt____~day
of APtit_ _ ., 1964, by the following vote, which vote
constitutes not less than a two-thirds (2/3) vote of all the
members of said City Council:
AYES: Councilmen Glennon, Brazil, Drake, Tyler
NOES: None
ABSENT: Councilman
ATTEST