HomeMy WebLinkAboutResolution 104-91 RESOLUTION NO. 104-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC
PARK AND RECREATIONAL PURPOSES AND ALL USES
APPURTENANT THERETO
THE CITY OF ATASCADERO DOES HEREBY DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. The City of Atascadero ("City") finds,
determines and declares:
(a) That the public interest, convenience and
necessity require the acquisition by said City of
the fee interest in and to certain hereinafter
described real property ("Property") for public
park and recreational purposes and all uses
appurtenant thereto ("Project") ; and
(b) That the Project is planned and located
in the manner that will be most compatible with the
greatest public good and least private injury; and
(c) That the taking of the fee interest in
and to said Property is necessary for such Project,
and is authorized by Section 19, Article I of the
California Constitution, Section 37350 et sea. of
the California Government Code, Sections 1240. 010
through 1240. 050 et sea. of the California Code of
Civil Procedure, and other applicable law; and
(d) That the offer to purchase required by
California Government Code Section 7267.2 has been
made to the owner of the Property to be acquired by
the City.
SECTION 2 . The City of Atascadero hereby declares
that it is the intention of said City to acquire in its name
the fee interest in and to the Property in accordance with
the provision of the laws of the State of California with
reference to condemnation procedures.
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SECTION 3. That if any of the Property has been
appropriated to some public use, the public use to which it
is to be applied and taken under this proceeding is a more
necessary and paramount public use.
SECTION 4. Said Property, the acquisition of which
is required by said public interest, convenience and
necessity for the purposes set forth in Section 1 hereof, is
located in the City of Atascadero, County of San Luis
Obispo, State of California, and is more particularly
described in Exhibit NA" which is attached hereto and
incorporated herein by reference and made a part hereof. A
map showing the general location of the Property is marked
Exhibit "B" attached hereto and incorporated herein by
reference and made a part hereof.
SECTION 5. The City Attorney and the firm of
Burke, Williams & Sorensen, as special counsel, under the
direction of the City Attorney, are authorized and directed
to prepare, institute, and prosecute in the name of ' the City
of Atascadero such proceedings in the proper court having
jurisdiction thereof as may be necessary for the acquisition
of the fee interest in and to said Property. Said attorneys
are also authorized and directed to obtain an Order of Court
granting to said City the right of immediate possession and
occupancy of said Property.
SECTION 6. This Resolution shall be effective
immediately upon its adoption.
SECTION 7. The Secretary shall certify to the
adoption of this Resolution.
APPROVED AND ADOPTED this 12th day of November, 1991.
ALDEN SHIERS, MAYOR
ATTEST:
r
LEE RABOIN, dITY CLERK
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APPROVED AS TO FORM:
M,kRYVREbUS GAYLE o BURKE,
WILLIAMS & SORENSEN,
Assistant City Attorney
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO)
I, HEREBY CERTIFY under penalty of perjury that the
foregoing Resolution was duly adopted by the City of
Atascadero at a regular meeting thereof held on the 12th day
of November, 1991, and that the same was adopted, upon
motion made by Councilmember Nimmo and seconded by
Councilmember Lilley, by the following vote of the Council:
AYES: Mayor Shiers, Councilmembers Nimmo,
Lilley, Borgeson and Dexter
NAYES: None
ABSENT: None
ABSTAIN: None
LEE RABOIN, CITY CLERK
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EXHIBIT "A"
(LEGAL DESCRIPTION OF PARCEL TO BE ACQUIRED)
PARCEL 1: STADIUM PARK, IN THE CITY OF ATASCADERO, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP OF
ATASCADERO RECORDED OCTOBER 21, 1914 IN BOOK 4, AT PAGE 67A
OF MAPS IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2: A NON-EXCLUSIVE EASEMENT AS GRANTED BY INSTRUMENT
RECORDED MARCH 23, 1970 IN BOOK 1558, PAGE 504 FOR RIGHT OF
WAY OVER, IN, ACROSS AND UPON THAT PORTION OF LOT 2 OF LIFE
RESIDENCE PARK OF ATASCADERO IN THE CITY OF ATASCADERO,
COUNTY OF SAN LUIS OBSIPO, STATE OF CALIFORNIA, ACCORDING TO
MAP RECORDED OCTOBER 21, 1914 IN BOOK 4, AT PAGE 71 OF MAPS
IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
A ROADWAY 10 FEET WIDE LYING 5 FEET ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LIFE
RESIDENCE PARK WITH THE CENTERLINE OF MAGNOLIA AVENUE, NOW
CAPISTRANO AVENUE, AS SHOWN ON SAID MAP AND RUNNING ON A
CURVE TO THE LEFT WITH A RADIUS OF 477. 5 FEET THROUGH AN
ANGLE OF 13 ° 04' 42" FOR A DISTANCE OF 108.99 FEET TO THE
TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF
BEGINNING, SOUTH 89° 42' 20" EAST, 120.87 FEET; THENCE NORTH
840 03' 40" EAST, 295.98 FEET, THENCE SOUTH 82 ° 10' EAST,
62.57 FEET; THENCE SOUTH 730 54' 20" EAST, 72. 02 FEET;
THENCE SOUTH 690 57' 50" EAST, 79.62 FEET; THENCE SOUTH 61°
05' 20" EAST, 94 .59 FEET; THENCE SOUTH 43° 00' 20" EAST,
171.55 FEET TO THE WEST LINE OF STADIUM PARK.
EXCEPT THEREFROM THAT PORTION LYING WITHIN THE BOUNDARY MAP
OF THE PROPERTY CONVEYED TO THE COUNTY OF SAN LUIS OBISPO BY
DEED RECORDED AUGUST 18, 1942 IN BOOK 344, PAGE 290 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN MAGNOLIA
AVENUE.
EXHIBIT "A"
EXHIBIT "B"
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