HomeMy WebLinkAboutResolution No. 51571
RESOLUTION NO. 5157
RESOLUTION OF NECESSITY FOR CONDEMNATION
OF 1428 MISSION AVENUE, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA
The City Council of the City of San Rafael, Marin
County, California, resolves that:
1. It finds and determines and hereby declares that the
public interest and necessity require the acquisition, construc-
tion and completion by city of a public improvement; and in con-
nection therewith, and necessary therefore, the acquisition of
interests in real property described in "APPENDIX All attached
hereto as described therein.
2. Said proposed public improvement is planned and located
in the manner which will be most compatible with the greatest public
good, and the least private injury.
3. This City Council shall acquire in the name of City
the said interests in real property by donation, purchase or by
condemnation in accordance with the provisions for eminent domain
in the Code of Civil Procedure. The City staff and private counsel
are hereby empowered:
(1) To acquire in the City's name, by condemnation,
the said interests in real property in accordance with the provi-
sions for eminent domain in the Code or Civil Procedure and the
Consitution of California;
(2) To prepare and prosecute in City's name such pro-
ceedings in the proper court as are necessary for such acquisition;
and
(3) To apply to said court for an order fixing the
amount and nature of such security as it may direct, and to deposit
such security as so directed, and for an order permitting City to
take immediate possession and use of said real property or inter-
est therein for said public uses and purposes. The said interests
in real property are more particularly described in APPENDIX A
attached hereto and incorporated herein by reference.
I HEREBY CERTIFY that the foregoing resolution was
duly and regularly adopted by the City Council of the City of San
Rafael, Marin County, California, at a regular meeting thereof held
on the 2nd day of August 197 6 , by the following vote, to -wit:
AYES: COUNCILMEN: Mi s kimen, Nixon and Mayor Betti ni
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mul ryan
U � /�✓yc-�-r� /tet �a--�-
MARION A. GRADY, City Clerk
ORIGINA�
AP #11-1b2-17
APPENDIX "A"
All the real property situated in the City of San Rafael,
County of Marin, State of California, described as follows:
COMMENCING at a point North 6-1/20 East 60 feet from the
Northwesterly corner of the Hanson Lot so-called, said Hanson's
Lot being that portion of Block 112911 (in the Town Plate of
the Town of San Rafael, as surveyed by County Surveyor A. D.
Easkoot, A.D. 1858) conveyed by T. H. Hanson to S. V. Smith
by Deed dated March 10, 1866; thence running North 83-1/20
West 100 feet to a stake; thence North 6-1/20 East 289 feet
crossing wooded arroyo to a stake; thence North 590 East
125 feet 8 inches along the Northwesterly bank of arroyo to
the stake in the Westerly line of land sold by J. D. Bullis
to S. V. Smith; thence South 6-1/20 West 373 feet 3 inches
along the West line of Smith's land recrossing arroyo to the
place of beginning.
TOGETHER with the right of using for purpose of ingress and
egress as a street, commencing at the Northwesterly corner
of the lot sold by Hanson to Smith by Deed dated March 10,
1866, thence North 6-1/20 East 60 feet to the Southwesterly
corner of the above described premises; thence at right angles
Westerly 60 feet; thence at right angles Southerly 60 feet;
thence at right angles 66 feet to the place of beginning.