HomeMy WebLinkAbout1980-04-01; City Council; Resolution 6134a e
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RESOLUTION NO, 6134
RESOLUTION OF THE CITY COUNCIL SETTING TIME
AND PLACE FOR PUBLIC HEARING ON ADOPTION OF' RESOLUTION OF NECESSITY TO OIiDER ACQUISITION
BY EMINENT DONAIN PROCEEDINGS.
WHEREAS, this City Council, at this time, is conducting proceedings
for a special assessment district pursuant to the terms and provi-
sions of the "Municipal Improvement Act of 1913", bein? Division
12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together
with appurtenances and appurtenant work in connection therewith, including acquisition where necessary; said special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, under said special assessment district proceedings, it
will be necessary that certain right-of-way acquisition be made
in order to accomplish the construction of the works of improve-
ment, as proposed, and at this time this governing body is desirous
of setting a time and place for a public hearing on the adoption of a Resolution of Necessity relating to the rights-of-way and/or ease-
ments not yet acquired for the project and improvements in said
Assessment District; and,
WHEREAS, there has been presented to this City Council for consi-
deration, and on file in the Office of the City Clerk, a copy of a proposed Resolution of Necessity to exercise the right of eminent
domain relating to this Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY comcn OF THE
CITY OF CARLSBAD,
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That certain right-of-way acquisition is necessary for the accoinplishment of the improvements as pro-
posed for the Assessment District, and said rights-
of-way are as set forth and described in the proposed
Resolution of Necessity to Exercise the Right of
Eminent Domain, a copy of which is on file in the
Office of the City Clerk, with an Exhibit attached
thereto setting forth the proper and legal descrip-
tion of all rights-of-way to be acquired.
SECTION 3. I THAT NOTICE IS EiEREBY GIVEN THAT ON
THE 6TH DAY OF MAY, 1980 , AT THE HOUR OF SIX O'CLOCK P,M, , IN THE REGULAR &EETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS,
CITY HALL, ANY A%D ALL PERSONS, WHERE EASEMENTS OR
TUNITY TO APPEAR AND TO RE HEARD ON THE MATTER OF THE
ADOPTION OF THE RESOLUTION OF NECESSITY TO EXEIiCISE
THE RIGHT OF EMINENT DOPIAIN TO ACQUIRE EASEMENTS AND
IN THE ASSESSMENT DISTRICT, ALL PERSONS OBJECTING TO
THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND
THE DETERMINATION AS TO WHETHER OR NOT THE PROJECT IS
PLANNED OR LOCATED IN THE MANNER WHICH WILL BE MOST
COlYPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECES-
SITY FOR THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT
AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF
THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A
WRITTEN REQUEST TU APPEAR AND BE HEARD WITHIN FIFTEEN
IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD.
TUESDAY
RIGHTS-OF-WAY ARE TO BE ACQUIRED, wm, HAVE AN OPPOR-
RIGHTS-OF-IVAY NECESSARY FOR THE PROPOSED IMPROVEMENTS
(15) DAYS AFTER THE HAILING OF THIS NOTICE wrLL RESULT
SECTION 4, That for further particulars, reference is made to the
proposed Resolution of Necessity, with the Exhibits attached thereto, as on file in the Office of the City
Clerk, and to Section 1245.235 of the Code of Civil Pro-
cedure and related Sections thereto,
80 day of ADril. 19 APPROVED and ADOPTED this Ist 0
JG?&EHU MAYOR grr-
CITY OF CARLSBAD
STATE OF CALIFORNIA - ATTEST:
CITY OF CARLSBAD
STATE OF CALIFOFWIA
-2-
STATE OF CALl%'ORNIA )
COUNTY OF SAN DXEGO ) ss,
CITY OF CAFUSBAD 1
I, ALETHA L. RAUTENREtANZ, City Clerk of the City of Carlsbad,
California, DO HEREBY CERTIFY that the foregoing Resolution,
being Resolution 140. 6134 , was duly passed, approved, and
adopted by said City Council, approved and signed by the Nayor, and attested by the City Clerk, all at a regular
meeting of said City Council, held on the 1st day of
Apri 1 , 1980, and that the same was passed and adopt-
ed by the following =kef to-wit:
AYES :
NOES :
ABSENT:
COUKIL~N: Packard, Skotnicki, Anear, Lewis and
COUNCILMEN: None Counci 1 woman Cas1 er
COUNCILMEN: None
CITY OF CARLSBAD d STATE OF CrALIFORNIA