Loading...
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