HomeMy WebLinkAboutCC Resolution 28010017i
RESOLUTION NO . /` 8 l /
RESOLUTION FINDING THE PUBLIC CONVENIENCE AND NECESSITY
OF THE ACQUISITION OF PROPERTY FOR STREET AND HIGHWAY
PURPOSES AND ORDERING CONDEMNATION 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 street,and highway purposes, of the
following described real property locate, situate and being in the
City of San.Rafael, County of Marin, State of California, and par-
ticularly described as follows:
Porncl e
Portions of the lands conveyed by Spencer H. Bisby
et ux to Linus Kirkhoff and Mildred Kirkhoff by
deed recorded August 2, 1948 in Volume 592 at
page 130, Official Records of Marin County,
being strips of land lying between the Westerly
line of Chula Vista Drive and the following
described lines:
Besinning at the ;_ntersection of the most Northerly
corner of the l,nds ccrveyed to Kirkhoff above refOrred
tO and the WestOrly line of Chula Vista Drive; running
thence f-rorz said point of beginning aloe the
westerly i g� r_ r. �Oi
y i-,10 or said lands o� Kirkhoff South 20' �;4'
Ilest 59.33 .Leet; tL ezace leaving Nort`n:
said aes tO?' i v line
South^48058' East 83.25 feet; thence North 4i°02' E=ast
310.0 feet to said ?-,ester"! line of „
Y :.nu14 Visa Drive
distant thereon South 48058' East 60.0 ro"wt �. � -ter '
Northerly terminus of the course " 1 ' the
South 48° 58' East
110.39 feet" as desc.ioed in said deed.
Parcel B Becinn _,. at a poi.- in
the Westerly lire of Chula
Vista Drive dis tat- chereon. North 10° 15' West 81.15
feet fro. -.q the Sout east
c0�n er Oi: the lands CO v -e y; d
to Ki_kho-`i above rL fre rreG to; gtr,�nce from
said point Of Deo_nr.in-
North 1° 32° 30" T'2SL 88.24
feet to a pain in said
Westerly line Of Chula Vista
Drive dis tu::t North 30 °
10' ?qCS t 30.0 feet from the
intersection of the two
63.55 feet 'N"Grth
courses "North 11° 32' East
and 300
10' West 80.74 feet" in said
Westerly line.
BE IT FURTHER RESOLVED that said real property is 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 real property for said
public improvement; that it is necessary for said public improvement
that the City of San Rafael acquire said real property in fee simple
for said public improvement; that said public improvement is the
use to which said real property is to be applied and that said action
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is a public use authorized by law; that said public improvement is
planned and located in the manner which will be most compatible for
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-Dulk, Douglass & Anderson, of Oakland,
California, be, and they are hereby, authorized to bring eminent
domain proceedings for the purpose of acquiring the property here-
inabove 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 property; 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 real property is 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 property 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 regular meeting thereof, held on
the 3rd day of June, 1963, by the following vote, to wit:
AYES: Councilmen AY, Baar, Barbier, Jenson, and Mayor McInnis
NOES: Councilmen
ABSENT: Councilmen
,�'.f. L. MORGAN
W. L. MORGAN, City Clerk,
City of San Rafael, Marin
County, California.
(SEAL)
J
W. C. RNWELL — Dep y City Clerk
