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File #: 0238X-2022    Version: 1
Type: Resolution Status: Passed
File created: 11/23/2022 In control: Public Utilities Committee
On agenda: 1/9/2023 Final action: 1/11/2023
Title: To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Livingston-Noe Bixby Culvert Removal Project. ($0.00)
Attachments: 1. 2021-09-28 CIP18947 BelievInThree 0.074 Easement, 2. 2021-09-28 CIP18947 BelievInThree 0.150 Easement
EXPLANATION

BACKGROUND: The City’s Department of Public Utilities (“DPU”) is performing the Livingston-Noe Bixby Culvert Removal Project (project number 611724-100000) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of East Livingston Avenue from Noe Bixby Road to Culvert Road (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Number 2859-2021 authorizing the City Attorney to acquire the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation.

CONTRACT COMPLIANCE: Not applicable.

FISCAL IMPACT: Not applicable.

EMERGENCY JUSTIFICATION: Not Applicable.

TITLE

To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Livingston-Noe Bixby Culvert Removal Project. ($0.00)

BODY

WHEREAS, the City intends to improve certain public (sewer or water) infrastructure by allowing the Department of Public Utilities (“DPU”) to engage in the Livingston-Noe Bixby Culvert Removal Project (project number 611724-100000) (“Public Project”); and

WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of East Livingston Avenue from Noe Bixby Road to Culvert Road (“Real Estate”) in order to complete the Public Project; and

WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of public sewer infrastructure and associated appurtenances; and

WHEREAS, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the...

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