Res 127RESOLUTION riO. 127
RESOLUTION OF THE CITY COUNCIL 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 POWAY, CALIFORNIA (hereinafter
referred to as "Agency"), 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 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
(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 improvement as proposed, and at this time
this goyerning body is desirous of setting a time and place for a public
hearing 'on the adoption of a Resolution of Necessity relating to the
ri§hts-of-way and/or easements not yet acquired for the project and
improvements in said Assessment District; and,
WHEREAS, there has been presented to this Agency 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 in the Office of Agency.
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 necessary for the
accomplishment of the improvements as proposed 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
Agency, with an Exhibit attached thereto setting forth the proper
and legal description of all rights-of-way to be acquired.
RESOLUTION NO. 127
Page Two
SECTION 3.
SECTION 4.
THAT NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 25 DAY OF AUGUST,
1981, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING
PLACE OF AGENCY, BEING THE MEADOWBROOK MIDDLE SCHOOL, 12320
MEADOWBROOK LANE, POWAY, CALIFORNIA 92064, ANY AND ALL PERSONS
WHERE EASEMENTS OR RIGHTS-OF-!~AY ARE TO BE ACQUIRED, WILL HAVE AN
'OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE ADOPTION
OF THE RESOLUTION OF NECESSITY TO EXERCISE THE RIGHT OF EI4INENT
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 DETERMINATION 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 ~JRITTEN 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.
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 Agency, and to Section 1245.235 of the
Code of Civil Procedure and related Sections thereto.
APPROVE~ and ADOPTED this 14th
day of July, 1981
STATE OF CALIFORNIA
ATTEST:
CITY CL[~