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(c) The easements and electrical distribution facilities described in Exhibit "A" are <br />1 necessary for the proposed project; and <br />2 (d) The offer required by section 7267.2 of the California Government Code was made. <br />3 Section 5. Use Not Unreasonably Interfering with Exi�stin� Public Use(s). Some or all of <br />the easement interests -mreal property an electrical distribution facilities to be acquired are subject <br />4 to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these <br />easements and rights-of-way are on file with the City and describe the general location and extent <br />5 of the easements and rights-of-way with sufficient detail for reasonable identification. In the event <br />the herein described use or uses will not unreasonably interfere with or impair the continuance of <br />6 the public use as it now exists or may reasonably be expected to exist in the future, counsel for the <br />City is authorized to acquire the easements subject to such existing public use(s) pursuant to section <br />7 1240.510 of the California Code of Civil Procedure. <br />8 Section 6. More Necessary Public Use. Some or all of the easement interests in real <br />property and electrical distribution facilities to be acquired are subject to easements and rights -of - <br />9 way appropriated to existing public uses. To the extent that the herein described use or uses will <br />unreasonably interfere with or impair the continuance of the public use as it now exists or may <br />10 reasonably be expected to exist in the future, the City finds and determines that the herein described <br />use or uses are more necessary than said existing public use. Counsel for the City is authorized to <br />11 acquire the easements and electrical distribution facilities appropriated to such existing public use(s) <br />pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is fiuther authorized <br />12 to make such improvements to the easements being acquired that it determines are reasonably <br />necessary to mitigate any adverse impact upon the existing public use. <br />13 <br />Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the <br />14 hereinabove describe easements and electrical distribution facilities in the name of and on behalf <br />of the City by eminent domain, and counsel is authorized to institute and prosecute such legal <br />15 proceedings as may be required in connection therewith. Legal counsel is further authorized to take <br />such steps as may be authorized and required by law, and to make such security deposits as may be <br />16 required by order of court, to permit the City to take possession of and use said easements and <br />electrical distribution facilities at the earliest possible time. Counsel is further authorized to correct <br />17 any errors or to make or agree to non -material changes in the legal description of the easements and <br />electrical distribution facilities that are deemed necessary for the conduct of the condemnation <br />18 action or other proceedings or transactions required to acquire the subject easements and electrical <br />distribution facilities. <br />19 <br />Section 8. Effective Date. This Resolution shall take effect upon adoption. <br />20 <br />RESOLVED, APPROVED AND ADOPTED this day of , 2001. <br />21 <br />22 <br />23 Deir a H. Bennett, Mayor <br />24 ATTEST: <br />25 <br />Carolina P. Barrera, City Clerk <br />26 <br />27 <br />28 <br />rl % \616. 2 <br />