HomeMy WebLinkAbout2008-12-9 -CC Agenda Item No.5 CITY OF
LADE OLSIIIORE
`=� DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: DECEMBER 9, 2008
SUBJECT: REQUEST FOR APPROVAL OF A RESOLUTION OF NECESSITY AND
AUTHORIZATION TO COMMENCE EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE REAL PROPERTY NECESSARY FOR THE
IMPROVEMENT OF MACHADO STREET
Background
The City has recently completed the widening of Machado Street from Grand Avenue to
Lakeshore Drive. The only portion of Machado Street that remains to be widened is
directly in front of property located at the southwest corner of Machado Street and Le
Harve Avenue identified as Assessor's Parcel No. 379 - 403 -018 (the "Property ").
The portion of Machado Street in front of the Property presents safety concerns to
motorists and pedestrians traveling along this roadway because it projects into the right -
of -way. For this reason, the City desires to widen Machado Street directly in front of the
Property (the "Project ").
To complete the Project, the City does not need the entirety of the Property. The City
only requires a 130'x15' piece of the Property (approximately 1,950 square feet directly
abutting Machado Street) as shown in Exhibit "B" attached to the Resolution of
Necessity (the "Necessary Portion ").
Earlier this year, the City Council directed staff to begin negotiations with the Property
owners to acquire the Necessary Portion of the Property. Based on that direction, staff
prepared and transmitted a Notice of Decision to Appraise to the Property owners listed
on the last equalized assessment roll (Jess and Marisa Enriquez, husband and wife as
joint tenants: the "Enriquers "). Once the appraisal was complete, staff conveyed an
offer to purchase the Necessary Portion of the Property for the full appraised value.
Staff was unable to negotiate a purchase of the Necessary Portion of the Property.
Because of this, it will be necessary to acquire that property by eminent domain.
Agenda Item No. 5
Page 1 of 10
Request for Approval of a Resolution of Necessity and Authorization to Commence
Eminent Domain Proceedings to Acquire Real Property Necessary for the Improvement
of Machado Street
December 9, 2008
Page 2
Discussion
A precise legal description of the Property is attached to the proposed Resolution of
Necessity as Exhibit "A ". The land that is the subject of the requested Resolution of
Necessity is the Necessary Portion of the Property shown in Exhibit "B" to the
Resolution of Necessity.
In order to commence eminent domain proceedings, the City Council must adopt by a
two - thirds majority a resolution of necessity. The resolution of necessity establishes the
following facts: (1) The public interest and necessity require Machado Street to be
widened; (2) The Machado Street widening is planned and located in the manner that
will be most compatible with the greatest public good and the least private injury; (3) the
Necessary Portion of the Property is necessary for completion of the Machado Street
widening improvements; and (4) the offers required by Government Code Section
7267.2, if required at all, have been made.
Public Interest and Necessity. Public interest and necessity require that
Machado Street be widened in front of the Property. Improvements to Machado Street
are necessary to alleviate a jog in the roadway that presents safety hazards for
motorists and pedestrians.
Location and Planning. The Project is planned or located in the manner that will
be most compatible with the greatest public good and the least private injury. Based on
the City Engineer's review and analysis, the existing alignment of Machado Street
directly in front of the Property poses safety concerns because 130'x15' of the Property
projects into Machado Street, which forces traffic to swerve around this island when
travelling on Machado Street. The improvement of Machado Street in front of the
Property will provide the safest alternative configuration with the least amount of
disruption to neighboring property owners.
The City Has Negotiated to Purchase the Property. Government Code Section
7267.2 requires the City to make a good faith offer of just compensation and to attempt
to acquire the property through a negotiated purchase.
The City made a good faith offer to purchase the Necessary Portion of the Property for
appraised value. The Enriquers rejected the City's initial offer and presented a counter
offer which was rejected and countered by the City. Ultimately negotiations failed.
Because the City has been unable to negotiate a reasonable purchase price for the
Necessary Portion of the Property, acquisition by eminent domain is necessary.
Agenda Item No. 5
Page 2 of 10
Request for Approval of a Resolution of Necessity and Authorization to Commence
Eminent Domain Proceedings to Acquire Real Property Necessary for the Improvement
of Machado Street
December 9, 2008
Page 3
Fiscal Impact
In addition to the last offered purchase price of $5,000, the City will be obligated to pay
litigation expenses to prosecute an eminent domain action. The litigation budget is
extremely difficult to predict and will depend on a variety of factors.
Recommendation
That City Council approve Resolution No. 2008- authorizing commencement of
eminent domain proceedings for the Necessary Portion of the Property.
Prepared by: Barbara Zeid Leibold
City Attorney
Approved by: Robert A. Brady
City Manager
Agenda Item No. 5
Page 3 of 10
RESOLUTION NO. 2008 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING
THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE
CITY OF LAKE ELSINORE
WHEREAS, the City of Lake Elsinore ( "City ") has recently completed the
widening of Machado Street from Grand Avenue to Lakeshore Drive consistent with the
City's approved Circulation Element; and
WHEREAS, there is one portion of Machado Street that has yet to be widened
(the "Project ") directly in front of certain property located at the southwest corner of
Machado Street and Le Harve Avenue commonly identifiable as Assessor's Parcel No.
379 - 403 -018, having a street address of 32564 Machado Street, and legally described
as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property "); and
WHEREAS, the portion of Machado Street that remains to be widened presents
safety concerns to motorists and pedestrians traveling along this roadway because it
projects into the right -of -way and creates a jog in the roadway; and
WHEREAS, to rectify this problem, the City needs to widen Machado Street in
front of the Property; and
WHEREAS, the City does not need the entire Property but instead only needs a
130'x15' portion (approximately the first 1,950 square feet of the Property that abut
Machado Street) of the Property as identified in Exhibit "B" attached hereto and
incorporated herein by this reference (the "Necessary Portion ") in order to complete the
Machado Street widening; and
WHEREAS, the location, purpose, and extent of the proposed acquisition of the
Necessary Portion conforms with the City's General Plan; and
WHEREAS, the City has made a good faith effort to acquire the Necessary
Portion of the Property from the Property owners but has been unsuccessful; and
WHEREAS, the City is authorized to acquire property for street improvement
purposes by statutes including, without limitation, Government Code Section 37350.5;
and
WHEREAS, prior to exercising its power of eminent domain, the City is required
to adopt a resolution of necessity; and
WHEREAS, all persons whose names and addresses appear on the last
equalized assessment roll for the Property were given notice of the City Council's
intention to adopt a Resolution of Necessity and to direct the institution of eminent
Agenda Item No. 5
Page 4 of 10
CITY COUNCIL RESOLUTION NO. 2008-
PAGE 2 OF 7
domain proceedings, and informing them of their right to be heard on this matter
pursuant to Code of Civil Procedure Section 1245.235; and
WHEREAS, a public hearing was held by the City Council on December 9, 2008,
at which the matters set forth in the Eminent Domain Law (Cal. Code Civil Procedure §§
1230.010 et seq.) were discussed, including the following matters: (a) whether the
public interest and necessity require the acquisition of the Necessary Portion of the
Property; (b) whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; (c) whether the
Necessary Portion of the Property is necessary for the Project; and (d) whether an offer
of just compensation pursuant to Government Code Section 7267.2 has been made to
the owners of record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
BY A VOTE OF NOT LESS THAN TWO- THIRDS OF ITS MEMBERS, DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above Recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. In satisfaction of California Code of Civil Procedure section
1245.230, the City Council hereby finds and declares that the Necessary Portion of the
Property will be put to use as "right of way" for Machado Street. According to California
Government Code section 37350.5, "a city may acquire by eminent domain any
property necessary to carry out any of its powers or functions." A preeminent function
of a city is to provide traffic circulation within its jurisdiction. On that basis, because the
Property will be used for roadway purposes, the use constitutes a public use in
accordance with State law.
SECTION 3. The Necessary Portion of the Property to be taken is located within
the City of Lake Elsinore. A legal description of the Property is attached hereto as
Exhibit "A" and map showing the Necessary Portion of the Property is attached hereto
as Exhibit "B ".
SECTION 4. On the basis of the information contained in that certain staff report
to the Mayor and City Council dated December 9, 2008, which is incorporated herein by
reference, and all other written and oral evidence and testimony presented to the City
Council, the City Council declares, finds and determines that:
1. The public interest and necessity require the proposed Project.
Improvements to Machado Street are necessary to alleviate a jog in the
roadway that presents safety hazards for motorists and pedestrians.
2. The Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury. Based on the City
Engineer's review and analysis, the existing alignment of Machado Street
Agenda Item No. 5
Page 5 of 10
CITY COUNCIL RESOLUTION NO. 2008 -
PAGE 3 OF 7
directly in front of the Property poses safety concerns because 130'x15' of the
Property projects into Machado Street, which forces traffic to swerve around
this island when travelling on Machado Street. The improvement of Machado
Street in front of the Property will provide the safest alternative configuration
with the least amount of disruption to neighboring property owners.
3. The Necessary Portion of the Property is necessary for the project. If the City
is unable to acquire the Property, the Project will be stymied because the
Property lies in the middle of the proposed road alignment.
4. The offer required by Section 7267.2 of the Government Code has been
made to the owners of record based on an approved appraisal. The owners
rejected the City's initial offer and presented a counter offer which was
rejected and countered by the City. Ultimately negotiations failed. Because
the City has been unable to negotiate a reasonable purchase price for the
Necessary Portion of the Property, acquisition by eminent domain is
necessary.
SECTION 5. The City is hereby authorized and empowered to acquire by
condemnation the fee title to the Necessary Portion of the Property.
SECTION 6. The City Attorney or special counsel retained for such purpose
( "Special Condemnation Counsel ") is hereby authorized to prepare and prosecute in the
name of the City, such proceeding or proceedings in the proper court having jurisdiction
thereof, as are necessary for such acquisition; and to prepare and file all pleadings,
documents, briefs, and other instruments, and to make such arguments and to take
such actions as may be necessary in their opinion to acquire the Necessary Portion of
the Property. The City Attorney and Special Condemnation Counsel are specifically
authorized to take whatever steps and /or procedures are available to it under the
Eminent Domain Law.
SECTION 7. This Resolution shall take effect from and after the date of its
passage and adoption.
Agenda Item No. 5
Page 6 of 10
CITY COUNCIL RESOLUTION NO. 2008 -
PAGE 4 OF 7
PASSED, APPROVED AND ADOPTED this 9th day of December 2008, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mayor
City of Lake Elsinore
ATTEST:
Carol Cowley, Interim City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
City of Lake Elsinore
Agenda Item No. 5
Page 7 of 10
SHEET 1 OF 1
r��
Exhibit ��
LEGAL DESCRTFzTTOhJ
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF LOT
28. BLOCK ^ B ^ OF THE LA LAGUNA RANCHOS AS PER "MAP SHOWING
SUBDIVISION IN ELSINORE" RECORDED IN BOOK 8 PAGE 377 OF MAp3. SAN
DIEGO COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
POINT OF BEGINNING AT THE CENTERLINE INTERSECTION OF MACHADO STREET
AND LE HARVE AVENUE AS SHOWN IN TRACT NO. 18389 AS RECORDED IN
MB 146/35-e6 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER
1 THENCE ALONG THE CENTERLINE OF MACHADO STREET S.36 A
DISTANCE OF 30.00 FEET:
2. THENCE DEPARTING SAID CENTERLINE AND ALONG THE SOUTHWESTERLY
PROLONGATION OF THE RIGHT OF WAY OF SAID LE HARVE AVENUE 30.00
FOOT HALF WIDTH 3.52`57'47 A DISTANCE OF 30.00 FEET TO THE TRUE
POINT OF BEGINNING;
3. THENCE CONTINUING ON SAID SOUTHWESTERLY RIGHT OF WAY LINE OF
LE HARVE AVENUE, A DISTANCE OF *0.00 FEET;
4. THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY LINE
5.82 A DISTANCE OF 35.34 FEET;
5. THENCE PARALLEL WITH AND 15.00 FEET SOUTHEASTERLY OF THE
SOUTHEASTERLY RIGHT OF WAY OF MACHADO AVENUE 30.00 FOOT HALF WIVTH,
S.35 A DISTANCE OF 103.78 FEET TO AN ANGLE POINT;
6. THENCE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 20, SAID
POINT ALSO BEING THE MOST NORTHERLY CORNER OF LOT 1 OF TRACT 30570
AS RECORDED IN MB 351/31-34 IN THE OFFICE OF THE RIVERSIDE COUNTY
RECORDER S.28 A DISTANCE OF 3.25 FEET;
7. THENCE ALONG SAID SOUTHWESTERLY LINE OF LOT 28 TO A POINT ON THE
CENTERLINE OF MACHADO AVENUE, N.52 A DISTANCE OF 15.48
FEET;
8. THENCE ALONG THE CENTERLINE OF MACHADO ^vENUE, w.36 A
DISTANCE OF 132.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.293.58 SQUARE FEET OR 0.0527 ACRES, MORE OF LESS
BASIS OF BEARINGS
BEARINGS ARE BASED ON THE CENTERLINE
OF MACHADO STREET BEING w3* AS
SHOWN ON MAP OF TRACT NO. 19389
RECORDED IN MB 146/95-9e RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA
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Agenda Item No. 5
Page 8 of 10
Exhibit rip SHEET 1 OF 1
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1 fl 1-4 1 / Y\ / 1.1 -\ l.4 Y\
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POB- - 1 TPOB Le Haws Ave. :,,i: 0 3 N52 °57' "W 1 . \'‘V R/
(J�� 0 PORTION OF • L0T 28 0I° BLOCK "B" '0 , °; MB 8/377 SD �
0011 .. 1
:1z ® APN NO. 379 -403 -018
J 1.0000 AC NET BEFORE DEDICATION ,
w 30' 15' 0.9473 AC NET AFIER DEDICATION
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SOUTHWE TERLY LINE OF LOT 28
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LINE DATA LEGEND
U BEARING LENGTH POB POINT aF BEGGINING
Q S36 t WTPOB TRUE POINT OF BEGGINING
Mil S52 ° 47 "E 40.00 _ \ ►�� 2ft2938
MI S82 ° 00' : 46 "W 35.34'
S36 20 "W 103.78' BASIS OF BEARINGS
6 S28 54'23 "W 3.25` BEARINGS ARE BASED ON THE CENTERLINE
Q N52 "W 15,46' OF MACHADO STREET BEING N36 ° 59'20 "E AS
8 N36 °59'20 "E 132.00' , SHOWN ON MAP OF TRACT NO. 19389
RECORDED IN MB 146/95 -96 RECORDS OF
O ///4 LAND,S RIVERSIDE COUNTY, CALIFORNIA
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Exp. 101/2008
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SCALE: 1 =50 P1-1014c: 951.696.9902 FAX 951.696.9961
Agenda Item No. 5
Page 9 of 10
CITY COUNCIL RESOLUTION NO. 2008 -
PAGE 7 OF 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. was adopted by the City Council of
the City of Lake Elsinore, California, at a regular meeting held on the 9th day of December
2008, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CAROL COWLEY
INTERIM CITY CLERK
Agenda Item No. 5
Page 10 of 10