2003 RES R-125-03 - Laserfiche WebLink

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RESOLUTION NO. R-125-03 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DECLARING THAT THE ACQUISITION OF EASEMENT 3 INTERESTS IN CERTAIN REAL PROPERTY AND ELECTRICAL DISTRIBUTION FACILITIES LOCATED IN COLTON, CALIFORNIA, 4 BY EMINENT DOMAIN IS NECESSARY FOR THE GENERAL PUBLIC HEALTH AND SAFETY OF THE COMMUNITY BY 5 AVOIDING A NEED FOR DUPLICATION OF ELECTRICAL SERVICES, AND TO FACILITATE THE DEVELOPMENT OF 6 CERTAIN REAL PROPERTY IN THE AREA OF THESE FACILITIES 7 WHEREAS, the City of Colton (the "City") proposes to acquire easement interests in certain 8 real property and electrical distribution facilities located in Colton, California, more particularly 9 described in Exhibit "A" attached hereto and made a part hereof, for purposes of the general public 10 and health and safety of the community by avoiding a duplication of electrical services, and to 11 facilitate the development of certain real property in the area of these facilities, pursuant to the 12 authority granted to it by section 37350.5 of the California Government Code; and 13 WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City 14 scheduled a public hearing for Tuesday, November 18, 2003, at 6:00 p.m., at 650 North La Cadena 15 Drive, Colton, California, and gave to each person whose property is to be acquired and whose 16 name and address appeared on the last equalized county assessment roll, notice and a reasonable 17 opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of 18 the California Code of Civil Procedure; and 19 20 WHEREAS, said hearing has been held by the City and each person whose property is to be 21 acquired by eminent domain was afforded an opportunity to be heard on said matters; and 22 WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 23 of the California Code of Civil Procedure; 24 BE IT NOW THEREFORE RESOLVED AS FOLLOWS: 25 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure 26 regarding notice and hearing. 27 Section 2. Public Use. The public use for which the easements and electrical distribution facilities are to be acquired is for the general public health and safety of the community by avoiding 28 the need for duplicate 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 authorizes the City to acquire by eminent domain property necessary for such purposes. RVLIT\DS\656574 1