Resolution Number 87-10-20-1193
RESOLUTION NO. 87-10-20-1
ACQUISITION OF STREET LIGHTING SYSTEM (EMINENT DOMAIN)
RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF
A PORTION OF THE STREET LIGHTING SYSTEM LOCATED IN THE
CITY, AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN
FOR THE PURPOSE OF ACQUIRING PROPERTY INCLUDED IN
SAID SYSTEM
WHEREAS, the City of San Juan Capistrano is a general law city organized and
existing under and pursuant to the provisions of the Government Code of the State of
California; and,
WHEREAS, it is necessary for the City to acquire a portion of the street
lighting system located within its boundaries; and,
WHEREAS, public convenience and necessity require the acquisition of said
system which is described in Exhibit "A" attached hereto; and,
WHEREAS, said acquisition is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury; and,
WHEREAS, the City of San Juan Capistrano is authorized to acquire said
property by eminent domain pursuant to Government Code Section 37350 and Code of
Civil Procedure Sections 1240.010, 1240.110, 1240.120 and 1240.650; and,
WHEREAS, on August 4, 1987, the City Council of the City of San Juan
Capistrano authorized the delivery of a formal offer to purchase the property described
in Exhibit "A" at the price not less than the fair market value of said property as
determined by an independent appraiser approved by the City Council; and,
WHEREAS, the City of San Juan Capistrano has, pursuant to Government Code
Section 7626.2 offered to purchase the property described in Exhibit "A" attached hereto,
at a price not less than the fair market value of said property as determined by an
independent appraiser in an appraisal approved by the City Council; and,
WHEREAS, the nature and opportunity to be heard required by Civil Code
Section 1245.235 has been give to the affected property owner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, finds and determines as follows:
1. The public interest, convenience, and necessity of the City of San Juan
Capistrano and the inhabitants thereof require the project.
2. The project has been planned and located in the manner which will be
most compatible with the greatest public good and the least private
injury.
3. The property described in Exhibit "A" is necessary for the proposed
project.
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194
4. The offer required by Government Code Section 7267.2 has been made to
the owner of record.
5. The public use of the street lighting system is a more necessary use than
the use to which such property has been appropriated by the owner of
record (Code of Civil Procedure Section 1240.650).
6. The City of San Juan Capistrano and all authorized officers, —
representatives and attorneys are authorized and directed to acquire said
real property described in Exhibit "A" in the name of and on behalf of the
City of San Juan Capistrano and to that end, it is authorized and directed
to commence and to prosecute an action or actions in eminent domain
for the purpose of acquiring said property.
7. The City of San Juan Capistrano has need for the immediate possession
of such property, and the appropriate officers, representatives and
attorneys of the City are authorized and directed to secure an order of
the court authorizing the City to take possession of the property
described in Exhibit "A" and in that regard, the officers of the City are
hereby authorized and directed to withdraw necessary sums to deposit
with the Superior Court as the probable amount of compensation that
will be awarded in the eminent domain proceedings to acquire the
property described in Exhibit "A".
8. That the officers of the City are authorized and directed to take any
appropriate action consistent with the purposes of this Resolution.
PASSED, APPROVED, AND ADOPTED this 20th day
Of October ,1987.
ATTEST:
CITY CLK
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STATE OF CALIFORNIA > 195
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-10-20-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 20th day
of October , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Bland
(SEAL)
MARY AN ANOVER, CITY CLERK
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