HomeMy WebLinkAbout1986-01-21; City Council; Resolution 8356I .1 --.. \
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RESOLUTION NO. 8356~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING
TIME AND PLACE FOR PUBLIC HEARING ON
ADOPTION OF RESOLUTION OF NECESSITY
TO ORDER ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, is conducting proceedings for a special assessment
district pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the construction of
certain pub1 ic works of improvement , together with appurtenances
and appurtenant work in connection therewith, including acquisi-
tion where necessary; said special assessment district known as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the 'IAssessment District"); and,
WHEREAS, said under said special assessment district pro-
ceedings, it will be necessary that certain right-of-way acquisi-
tion be made in order to accomplish the construction of the works
of improvement as proposed, and at this time this City Council 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 easements not yet acquired for the project and
improvements in said Assessment District; and,
WHEREAS, there has been presented for consideration, a
proposed Resolution of Necessity to Exercise the Right of Eminent
Domain relating to this Assessment District, a copy of which is
on file with the transcript of these proceedings.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That certain right-of-way acquisition is neces-
sary for the accomplishment of the improvements as proposed for
the Assessment District, 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 description of all rights-of-way to be
acqu i red.
SECTION 3. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE llTH
DAY OF FEBRUARY, 1986, AT THE HOUR OF 6:OO O’CLOCK P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS WHERE EASEMENTS
OR RIGHTS-OF-WAY ARE TO BE ACQUIRED, WILL HAVE AN OPPORTUNITY TO
APPEAR AND TO BE HEARD ON THE MATTER OF THE ADOPTION OF THE RESO-
LUTION OF NECESSITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO
ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED
IMPROVEMENTS IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO
THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMI-
NATION AS TO WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN
THE MANNER WHICH WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC
GOOD, AND THE NECESSITY 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
TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS AFTER THE MAILING
OF THIS NOTICE WILL RESULT IN A WAIVER OF THE RIGHT TO APPEAR AND
BE HEARD. 28
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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 Procedure and related
Sections thereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the
City Council held on the 21st - day of Januar- . , 1986, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL)