2001 RES R-62-01 - Laserfiche WebLink

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2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DECLARING THAT THE ACQUISITION OF EASEMENT INTERESTS IN CERTAIN REAL PROPERTY AND ELECTRICAL DISTRIBUTION FACILITIES LOCATED IN COLTON, CALIFOIZNIA, BY EMINENT DOMAIN IS NECESSARY FOR THE GENERAL PUBLIC HEALTH AND SAFETY OF THE COMMUNITY BY AVOIDING A DUPLICATION OF ELECTRICAL SERVICES, AND TO FACILITATE THE DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE AREA OF THESE FACILITIES WHEREAS, the City of Colton (the "City") proposes to acquire easement interests in certain real property and electrical distribution facilities located in Colton, California, more particularly described in Exhibit "A" attached hereto and made a part hereof, for purposes of the general public health and safety of the community by avoiding a duplication of electncal services, and to facilitate the development of certain real property in the area of these facilities, pursuant to the authority granted to it by section 37350.5 of the California Government Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, August 7, 2001, at 6:00 p.m., at 650 North La Cadena Drive, Colton, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to secrion 1240.040 of the California Code of Civil Procedure; BE IT NOW THEREFORE RESOLVED AS FOLLOWS: Section 1. Com liance with California Code of Civil Procedure. There has been compliance by the City with the requirements o section 1245.235 of the Cah ornia Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for which the easements and electrical distribution facilities are to be acqui d�or the general public health and safety of the community by avoiding a duplication of electrical services, and to facilitate the development of certain real property in the area of these facilities. Section 37350.5 of the California Government Code authonzes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Pro erty. Attached and marked as Eachibit "A" are the legal descriptions and plats o the easement interests in real property and electrical distribution facilities to be acquired by the City, which describes the general location and extent of the easements and electrical distribution facilities with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: (a) �� The public interest and necessity require the proposed project; The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;