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4 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-72-00 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />COLTON DECLARING THAT THE ACQUISITION OF <br />EASEMENT INTERESTS IN CERTAIN REAL PROPERTY AND <br />ELECTRICAL TRANSMISSION FACILITIES LOCATED IN <br />COLTON, CALIFORNIA, BY EMINENT DOMAIN IS <br />NECESSARY FOR THE GENERAL PUBLIC HEALTH AND <br />SAFETY OF THE COMMUNITY BY AVOIDING A <br />DUPLICATION OF ELECTRICAL SERVICES, AND TO <br />FACILITATE THE DEVELOPMENT OF CERTAIN REAL <br />PROPERTY IN THE AREA OF THESE FACILITIES <br />WHEREAS, the City of Colton (the "City") proposes to acquire easement interests in certain <br />real property and electrical transmission facilities located in Colton, California, more particularly <br />described in Exhibit "A" attached hereto and made a part hereof, for purposes of the general public <br />health and safety of the community by avoiding a duplication of electrical services, and to facilitate <br />the development of certain real property in the area of these facilities, pursuant to the authority <br />granted to it by section 37350.5 of the California Government Code; and <br />WHEREAS, pursuant to section 1245.23 5 of the California Code of Civil Procedure, the City <br />scheduled a public hearing for Tuesday, September 5, 2000, at 7:30 p.m., at 650 North La Cadena <br />Drive, Colton, California, and gave to each person whose property is to be acquired and whose name <br />and address appeared on the last equalized county assessment roll, notice and a reasonable <br />opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of <br />the California Code of Civil Procedure; and <br />WHEREAS, said hearing has been held by the City and each person whose property is to be <br />acquired by eminent domain was afforded an opportunity to be heard on said matters; and <br />WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 <br />of the California Code of Civil Procedure; <br />BE IT NOW THEREFORE RESOLVED AS FOLLOWS: <br />Section 1. Compliance with California Code of Civil Procedure. There has been compliance <br />by the City with the requirements of section 1245.235 of the California Code of Civil Procedure <br />regarding notice and hearing. <br />Section 2. Public Use. The public use for which the easements and electrical transmission <br />facilities are to be acquired is for the general public health and safety of the community by avoiding <br />a duplication of electrical services, and to facilitate the development of certain real property in the <br />area of these facilities. Section 37350.5 of the California Government Code authorizes the City to <br />acquire by eminent domain property necessary for such purposes. <br />Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal <br />descriptions and plats of the easement interests in real property and electrical transmission facilities <br />to be acquired by the City, which describes the general location and extent of the easements and <br />electrical transmission facilities with sufficient detail for reasonable identification. <br />Section 4. Findings. The City hereby finds and determines each of the following: <br />(a) The public interest and necessity require the proposed project; <br />RVLTTWKAR\5 80912 <br />