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CC MIN 1969
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CC MIN 1969
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Last modified
8/2/2016 5:20:25 PM
Creation date
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Template:
CC Index
CC Index - Document Type
Minutes
Meeting Type
Regular
Agency Type
City Council
Date
1/6/1969
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328 <br /> OF A RIGHT OF WAY AND EASEMENTS IN SAID REAL PROPERTY HEREIN DESCRIBED IS NECESSARY FOR <br /> SAID PUBLIC IMPROVEMENT ; AUTHORIZING THE CITY ATTORNEY TO BRING AN ACTION IN EMINENT DOMAIN <br /> TO ACQUIRE rAID REAL PROPERTY FOR SAID PUBLIC IMPROVEMENT AND TO APPLY FOR AN ORDER OF <br /> IMMEDIATE POSSESSION OF SAID REAL PROPERTY; AND AUTHORIZING AND DIRECTING THE CITY MANAGER <br /> TO DEPOSIT MONEY FOR IMMEDIATE POSSESSION OF SAID REAL PROPERTY ( PARCELS 1 through 6 , inclus - <br /> ive ) , seconded by Councilman Henderson . <br /> City Attorney stated authorization to condemn certain grcels of property needed for <br /> right -of -way for widening improvements of Middlefield Road , Chestnut to Maple Street , <br /> and that four resolutions were requested to avoid 24 property descriptions in one resolu#ion . <br /> Mrs . Olive Granger , 1424 Middlefield Road , questioned right -of -way <br /> procedures as she had been notified by appraiser that when right - <br /> of -way acquired on her parcel of property , entrance stairway and part <br /> of one room would have to be removed , unless given time to ascertain <br /> if other arrangements could be made by a contractor ' s recommendation , <br /> such as moving the house back on the lot , etc . <br /> City Attorney stated he was not personally familiar with this particular acquisition which <br /> was handled from his office by right -of -way agents , but suggested that Mrs . Granger contact <br /> him in order he might investigate the circumstances , as it was sometimes possible , where <br /> feasible , for an encroachment permit being permitted within an acquired right -of -way <br /> if not in the sidewalk area . He further advised how both legally and as a matter of <br /> policy , arrnagements : ere made for compensation or allowances with approach of alternative <br /> solutions , but typically condmenation resolutions were with City Attorney ' s discretion <br /> for proceeding to actual condemnation . In aswer to questions , City Attorney reported <br /> right -of -way involved 12 ' on either side of the street involving only five or six en - <br /> croachment sites in this phase . Councilman Henderson moved to delay action on these <br /> condemnation authorizations for one week , in order other property owners involved <br /> might state their concerns on effect of right -of -way acquisition to their property, <br /> seconded by Councilman Rosselli . <br /> City Attorney advised basically time of possession was determined by projected time <br /> for commencement of construction of improvements and that next item for Council action <br /> called for approval of plans and specific ations and call for bids , and resolutions <br /> requested for condemnation authorization simply empowered the City Attorney to go to <br /> court , if necessary . He advised deeds had already been received for some of the required <br /> parcels but in view of the short lead time to acquire property ahead of project con - <br /> struction period all parcels were being included in authorization to condemn , as escrow <br /> took some months to complete and recommended Council adopt the Resolutions with under - <br /> standing his office would atinue to negotiate on acquisijion and continue to contact <br /> property owners as is always done . <br /> Councilman Arnett asked whether it would be possible to receive a report on the outcome <br /> of the Grangers ' acquisition problem and perhaps others . City Attorney advised Council <br /> should not be involved because of legal aspects in condemnation proceedings , but a report <br /> would be made in this irtance ( Memo 5/13/69 ) <br /> Director of Public Works advised short time schedule set primarily because of length <br /> of time needed to relocate utilities so construction could be commenced and finished <br /> before rainy weather . <br /> Councilman Henderson withdrew her motion to continue action on these resolutions . Motion <br /> to adopt Resolution ( Parcels 1 through 6 , inclusive ) carried on roll call vote . <br /> a vs <br />
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