R-022-16 Acquisition of a Road Right-of-Way Easement and Utility Easement

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t0 11 12 13 14 15 16 17 18 19 20 21' 22I 23 24 25 26 27 28 RESOLUTION NO. R-22-16 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A ROAD RIGHT-OF- WAY EASEMENT AND UTILITY EASEMENT IN A PORTION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 0161-222-21, LOCATED IN COLTON, CALIFORNIA, FOR THE CITY OF COLTON'S INSTALLATION OF PUBLIC ACCESS IMPROVEMENTS, IN SAN BERNARDINO COUNTY, CALIFORNIA WHEREAS, the City of Colton (the "City") proposes to acquire a Road Right -of -Way Easement and Utility Easement in a portion of certain real property, located in San Bernardino County, California, more particularly described as Assessor Parcel No. 0161-221-21, for the City of Colton's installation of public access improvements in San Bernardino County, California, 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, March 15, 2016 at 6:00 p.m., at the City of Colton's City Council Chambers at City Hall, 650 N. 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 the affected property owners were afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: 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 regarding notice and hearing. Section 2. Public Use. The public use for the Road Right -of -Way easement and Utility easement in the property to be acquired is for the City of Colton's installation of public access improvements in San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibits "A" are the legal definitions, legal description and plat map, respectively, of the interest to be acquired by the City, which describe the general location and extent of the property with sufficient detail for reasonable identification.