2000 RES R-72-00 - Laserfiche WebLink

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0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The easements and electrical transmission facilities described in Exhibit "A" are necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Uses Some or all of the easement interests in real property and electrical transmission facilities to be acquired are subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easements subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the easement interests in real property and electrical transmission facilities to be acquired are subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the easements and electrical transmission facilities appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the easements being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the herein- above described easements and electrical transmission facilities in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said easements and electrical transmission facilities at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the easements and electrical transmission facilities that are deemed necessary for the conduct of the condemnation action or other proceedings or transactions required to acquire the subject easements and electrical transmission facilities. Section 8. Effective Date. This Resolution shall take effect upon adoption. RESOLVED, APPROVED AND ADOPTED this 5th day of September , 2000. A Deirdre H. Bennett, Mayor Pro -Tem ST: 2811 Carolina P. Barrera, City Clerk RVLIT\KAR\580912 2