HomeMy WebLinkAboutCC Resolution 2783RESOLUTION NO. 78
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 ESTABLISH-
MENT, CONSTRUCTION AND MAINTENANCE OF SANITARY SEWERS
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 sanitary sewers, of the following described
interest in real property located, situated and being in the City of
San Rafael, County of Marin, State of'California, and more particularly
described.as follows:
p!nv-e.01 A-
A sanitary sewer easement particularly described as follows:
Beginning at the Northwesterly corner of Lot 139 as shown on
that certain map entitled "i�ap of Chula Vista Terrace"
recorded in Book 4 of Iiia ps at page 27, 111,1arin County Records;
running thence from said point of beginning along the westerly
lime of Lot 139 South 19° 26` East 38.0 feet`to the South-
westerly corner thereof, thence along the -Southerly line of
said lot, North 770 371 Last 10.46 feet, thence leaving said
line North 34° 14° West 40.63 feet to the point of beginning.
parcel B•
A Sanitary'sewer easement 10 feet wide -lying adjacent to
and'Southerly of the Northerly line of Lots '94 and 95 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.
Parcel C:
An easement for the construction and maintenance of a.santary
sewer over, on or under a strip of land 10 feet wide lying 5.
feet on each side of the following described line:
Beginning at the most Northeasterly corner of Lot 95 as said
lot is shown on that certain Map entitled "Map of Chula Vista
Terrace" recorded in Book 4 of Maps at page 27, Marin County
Records; running thence from said point of be�inning South
37 48 West 147.06 feet; thence South 23° 13 West 77.38
feet to a point in the Southerly line of Lot 101 -as shown
on said Map.
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Parcel D•
A sanitary sewer easement 10 feet wide lying adjacent to
and Northerly of the Southerly line of Lots 168 169 170
171, 172, 173 and 174 as said lots are shown on�that �cer-
tain Map entitled "Map of Chula Vista Terrace" recorded in
Book 4 of Maps at page 27, Marin County'Records.
Parcel E
Sanitary sewer easement 10' wide lying adjacent to and
Easterly of the West line of Lots 157, 160, 161, 164 and
165, 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.
parnal P.
Sanitary sewer easement 10' wide lying 5feet on each side
of the following described center line:
Beginning at a point in the Northerly line of Lot 165, as
said lot is shown on that certain Map entitled "Map of
Chula Vista Terrace71'recorded in Book 4 of Maps at page
27, Marin County Records, said point being distant along
said line North 80° 45" West 51.34 feet from the North-
east corner of said lot; running thence from said point of
be§inning South 430 52' 20" East 85.10 feet;.thence South
23 20' East 43.69 feet to a point on the Easterly line of
Lot 164.
BE IT FURTHER RESOLVED that said easements and rights of
way in and over real property are necessary for sanitary sewer
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
use is a public use authorized by law; that said public improvement
is planned and located in the manner which will 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,
to wit, the firm of Sturgis, Den -bulk, Douglass & Anderson, of
Oakland, California, be, and they are hereby, authorized to bring
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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 san:
:tary:_.sewers, 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 har. lenses'. -and Mayor McInnis
NOES: Councilmen
ABSENT: Councilmen Eby,
W. L. MORGAN
W. L. MORGAN, City Clerk
City of San Rafael, Marin
County, California
S
W. C ORNWELL — D puty City Clerk
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