No preview available
HomeMy WebLinkAboutCC Resolution 2782RESOLUTION N0_24$ Z RESOLUTION FINDING THE PUBLIC CONVENIENCE AND NECESSITY FOR THE ACQUISITION OF EASEMENTS AND RIGHTS OF WAY IN AND OVER REAL PROPERTY FOR THE PURPOSE OF THE ESTABLISHMENT, CONSTRUC- TION AND MAINTENANCE OF ROADWAY SLOPES FOR STREETS AND HIGH- WAYS AND ORDERING CONDEMNATION AND IMMEDIATE TAKING THEREOF. BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that the public convenience and necessity require the acquisition, for the purpose of establishment, construc- tion and maintenance of roadway slopes for streets and highways, of the following described interest in real property located, situated and being in the City of San Rafael, County of Marin, State of Cali- fornia, and more particularly described as follows: Parcel No.l A slope easement over and across portions of Lots 90, 93, 94, 90', 99 and 100 4s said lots are shoran on that certain Neap entitled "iiap of Chula Vista Terrace" recorded in Book 4 of Neaps at page 27, ivsarin County Records; said easement being a strip of land lying between the Westerly line of Fair Drive (formerly Terrace Avenue) and the following de- scribed line: Parcel No.2 Parcel No.3 Beg nn—Uig at a point on the Westerly line of Fair Drive distant thereon Forth 17° 12' West 25.0 feet from the Southeast corner of said Lot 90; running thence from said point of beginning South 5° 58' 30" West 24.79 feet; thence South 37° 05' West 58.88 feet; thence South 53° 18' West 75.36 feet; thence South 21° 30' West 51.62 feet; thence 30.72 feet to a point on the Southerly line of said Lot 100 distant thereon South 78° 11' West 12.0 feet from the South- east corner of said lot. A slope easement over and across portions of Lots 106, 107, 110 and 111 as said lots are shown on that cer- tain Map entitled "Nlap of Chula Vista Terrace" recorded in Book 4 of daps , at page 27, Ma-rin County Records; said easement being a strip of land lying between the Westerly line of Fair Drive (formerly Terrace Avenue) and the foiloving described line: Beginning at a point on the Northerly line of said Lot 106 distant thereon South 73° 11' West.8.0 feet from the Northeast corner of said lot;.ruxining thence from said point of beginning South 0° 51' West 21.55 feet; thence South 33° 03' East 74.71 feet; thence South 490 11' East 61.21 feet; thence South 460 25' East 60.81 feet to a point on the Southerly line of said ;Lot 111, distant thereon 5.0 feet from the Southeasterly `corner of said lot. A slope easement over and across portions of Lots 129 and 132 as said lots are shown on that certain Map entitled "Map of Chula Vista Terrace" recorded in Book 4 of Maps at page 27, Marin County Records, said easement being a strip of land lying between the Westerly line of Cole- man Drive and the following described line: Beginning at a point on t�.e Westerly line o� Coleman Drive distant thereon Soutl. 00 50' West 30.0 feet from the Northeast corner of.said Lot 129; running thence from said point of beginning North 20° 40' 30" West 53.74 feet; thence North 70 17' East 29:0 feet to a point on the Northerly Zine of said Lot 132; distant thereon South 860 09' West 16.5 feet from the North- east corner of said lot. Parcel No. 4 A slope easement over and across a portion of the lands conveyed to Ray E. Nolan et al by deed recorded May 29, 1952 in Volume 1575 at page 6, Marin County Records, said easement being a strip of land 10 feet wide lying adjacent to and Westerly of the Westerly line of Chula Vista Drive; running from the North line of said lands Southerly to the Easterly line of Mountain Park Reser- vation. Parcel No. 5• '. Slope easements over and across portions of the lands conveyed by S°p`::cer141. Bisby et ux to Linus Kirkhoff and Mildred ::ir',hc by ds deed recorded August 2 1948 In Volume 592 a C JG ^� 130, Official Records of liarin County; said ease:ents being scrips of land 1 De- tween the Westerly 1-i.:e of Chula Vista Drive and�the following described lines: (A) Beginning at the intersection of the most Northerly corner of the lands ccrcveyed to Kir:choff above referred to and the WosLeriy L:ne of Chula Vista Drive; running thence from said pc r.t o beginning along the North- westerly line of said lands of Klrkhof i South 20 ° 34' West 59.33 eec; t_lence leaving say s , o „ t �, d NOrtC1W. s Berl v gine South �� 5 48 So Last o' - peat; thence North 4l°02' -st 30.0 feet to said W,ster'iy line of Chula Vista Drive distant thereon. South 48'58' East 60.0 feet from the' Northerly terminus of the course "South 48° 58' East 110.39 feet" as described in said deed. (B) Beginning at a point in the Westerly line of Chula Vista Drive distant thereon North 100 15' West 81.16 feet from the Southeast corner of the lands conveyed to Kirkhoff above -referred to; ru.,ning thence from said point of beginning North 1° 32' 30" West 88.24 reet to a.point in said Westerly line of Chula Vista Drive distant North 30° 10' West 30.0 feet from the intersection of the two courses "North 110 32' East 63.55 feet and North 30° 10' West 80.74 feet" in said Westerly line. BE IT FURTHER RESOLVED that said easements and rights of way in and over real -property are necessary for street and highway purposes; that the public convenience and necessity require and it is necessary for said public improvement that the City of San Rafael acquire said easements and rights of way in real property; that the said public improvement is the use to which said easements and rights of way.in and over real property are to be applied and.that said -2- use is a public use authorized by law; that said public improvement is planned and located in the manner which wilt be most compatible with'the greatest public good and the least private injury; and BE IT FURTHER RESOLVED that the City Attorney of the City of San Rafael and Special Bond Counsel of the City of San Rafael, tD wit, the firm of Sturgis, Den-Dulk, Douglass & Anderson, of Oak- land, California, be, and they are hereby, authorized to bring eminent domain proceedings for the purpose of acquiring easements and rights of way hereinabove described; and BE IT FURTHER RESOLVED that they are hereby authorized to take any and all proceedings in eminent domain for the acquisition of said easements and rights of way; and WHEREAS, contract has been let for the work to be done in the assessment district proceedings for the construction of streets and highways, of which said easements and rights of way are a part, and it is necessary that possession thereof be obtained forthwith; BE IT RESOLVED that said Counsel hereinabove mentioned be, and they are hereby, instructed to take all necessary steps and pro- ceedings to obtain immediate possession of said easements and rights of way pending the final outcome of the eminent domain proceedings hereby authorized. 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 special meeting thereof, held on the 19th day of April, 1963, by the following vote, to wit: AYES: Councilmen Our, loosee, eRd Vi.yer boils NOES: Councilmen ABSENT: Councilmen W. L MORGAN W. L. MORGAN, City Cleric City of San Rafael, Marin County, California. 4b W. CCJRfa WI;/ L — eputy City Uerk -3-