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

Browse Search

I Section 4. Findings. The City hereby finds and determines each of the following: 2 (a) The public interest and necessity require the proposed project; 3 (b) The proposed project is planned or located in the manner that will be most 4 compatible with the greatest public good and least private injury; 5 (c) The property defined, described and depicted in Exhibit "A" is necessary for 6 the proposed project; and 7 (d) The offer required by Section 7267.2 of the California Government Code was made. 8 9 Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way 1 o 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 - I I of -way with sufficient detail for reasonable identification. In the event the herein described 12 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 13 to acquire the herein described interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure. 14 15 Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way appropriated to existing public uses. 16 To the extent that the herein described use or uses will unreasonably interfere with or impair the 17 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 18 existing public use. Counsel for the City is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to Section 1240.610 of the 19 California Code of Civil Procedure. Staff is further authorized to make such 20 improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. 21 Section 7. Further Activities. Counsel for the City is hereby authorized to acquire 22 the hereinabove described real property in the name of and on behalf of the City by eminent domain, 23 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 24 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 real property at the earliest possible time. 25 Counsel is further authorized to correct any errors or to make or agree to non -material changes in 26 the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject 27 real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change 28 would not substantially alter or modify the construction and operation of the project for which the [2l