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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. - 1 - 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 2 - 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 3 - 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" a� \� yea a; S ✓ t nl� Y e•a / / �,A • � � �1 (= 1`y w ' _//_ r�1 � �Y') 1-�- ~ '�`• try' 1/Nr (' \ as ' '' EE'' • 3'� til �4� L • 1 � , � l Y n u G. �. . • � n � O 0 A Ob , i + t ! I Clow e a � � s � - EXHIBIT "B" Page 1 of 1