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HomeMy WebLinkAboutCC Resolution 4603RESOLUTION NO. 4603 RESOLUTION OF NECESSITY FOR CONDEMNATION, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1. CITY OF SAN RAFAEL. MARIN COUNTY. CA. 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, construction and completion by City of a public improvement; and in connection therewith, and necessary therefor, the ac- quisition of interests in real property described in "APPENDIX A'' 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 emi- nent domain in the Code of Civil Procedure. 4. Fred C. Robbins, Jr., City Attorney of the City of San Rafael, and Sturgis, Den-Dulk, Douglass & Anderson, Attorneys at Law, Oakland, California, are hereby authorized and empowered: (1) To acquire in City's name, by condemnation, the said interests in real property in accordance with the provisions for eminent domain in the Code ov Civil Procedure and the Constitution of California; (2) To prepare and prosecute in City's name such proceedings in the proper court as are necessary for such ac- quisition; 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 per- mitting City to take immediate possession and use of said real property or interest 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 5th day of November, 1973, by the fol- lowing vote, to wit: AYES: Councilmen Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: Councilmen Nnn- ABSENT: Councilmen NnnP MARION A. GRADY, City Clerk, City of San Rafael, County of Marin, State of California r 0 P.G.E. Pole Line Easement Lands of Norwitt and Others That portion of the parcel of land in and to which an interest was conveyed by Title Insurance and Trust Company to Barney Norwitt and others dated December 19, 1969 and recorded in Book 2354 of Official Records at page 250, Marin County Records, and therein designated PARCEL ONE, bounded on the southwesterly side by the northeasterly boundary line and its northwester -1y prolongation of the parcel of land described in the deed from Armando J. Flocchini and others to Quail Hill, Inc. dated December 23, 1968 and recorded in Book 2333 of Official Records at page 179, Marin County Records, on the Southeasterly side by the westerly boundary line of the 25 foot right of way granted by James L. Flood to Pacific Gas and Electric Company by deed dated January 9, 1913 and recorded in Book 148 of Deeds at page 326, Marin County Records, on the northwest- erly side by the southeasterly boundary line and its southwesterly prolongation of the parcel of land described in the deed from Armando J. Flocchini and others to Golden Gate Bridge Highway and Transporta- tion District dated June 29, 1971 and recorded in Book 2505 of Official Records at page 526, Marin County Records, and on the northeasterly side by the following described line: Beginning at a point in the southeasterly boundary line of the parcel of land described in said deed dated June 29, 1971 and running thencesouth 490 04' 36" east 338.3 feet; thence south 510 53' 05" east approximately 450 feet to a point in thewesterly boundary line of said 25 foot right of way; said point of beginning bears south 400 54' 00" west 605.9 feet distant from the found 1 1/8 inch iron pipe tagged RCE 11629 accepted as marking the most easterly corner of the parcel of land described in said deed dated June 29, 1971• APPENDIX A