HomeMy WebLinkAboutCC Reso No 1989-61RESOLUTION NO. 39-61
RE$OLUTION OF THE CITY COUNCIL OE THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE,
RIVERSIDE COUNTY, CALIFORNIA SETTING TIME
AND PLACE FOR PUBLIC HEARING ON THE
ADOPTION OF A RESOLUTION OF NECESSITY TO
ORDER THE ACQUISITION OF CERTAIN PROPERTY
BY EMINENT DOMAIN
WHEREAS, the City of Lake Elsinore and the City Council
intend to undertake a certain project generally described as
follows:
Acquisition of property for the construction, widening
and realignment of a roadway, specifically Railroad
Canyon Road.
HEREINAFTER called "Project"; and,
WHEREAS, in order to accomplish said project, it appears
necessary to acquire certain property, hereinafter called "Subject
Property"; and,
WHEREAS, the City Council desires to fix a time and place
for a public hearing on the matter of the adoption of a Resolution
of Necessity to acquire said subject property by eminent domain,
pursuant to Sections 1245.210 et se . of the Code of Civil
Procedure• and,
WHEREAS, this City Council has received, considered and
ordered filed in the office of the City Clerk a copy of a proposed
Resolution of Necessity to acquire said subject property by
eminent domain:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1
correct.
That the above Recitals are all true and
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Section 2. That the acquisition of said subject property
appears necessary to accomplish said project and that a proper and
legal description of said subject property is set forth in said
proposed Resolution of Necessity, a copy of which is on file in
the office of the City Clerk.
Section 3. That the City Council hereby calls a hearing
on the matter of the adoption of said Resolution of Necessity to
acquire said subject property by eminent domain at the time and
place specified as follows:
DATE AND TIME
TUESDAY,
DECEMBER 12, 1989
7:00 P.M.
PLACE
ELSINORE SCHOOL DISTRICT
BOARD OF EDUCATION
MEETING ROOM
545 Chaney Street
Lake Elsinore, California 92330
Section 4. That each person owning or claiming a right
in said subject property to be acquired by eminent domain shall be
given a reasonable opportunity to appear and be heard at said
public hearing on the matter specified as follows:
(a) That the public interest and necessity
requires the project;
(b) That the project is planned or located in
the manner that will be most compatable with
the greatest public good and least private
injury; and
(c) That the property sought to be acquired is
necessary for said project.
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Section 5. That, pursuant to Section 1245.325 of the
Code of Civil Procedure, the City Clerk is hereby authorized and
directed to give mail notice of said public hearing, within
fifteen (15) days prior thereto, first class and postage prepaid,
to each person owning or claiming a right to said subject property
proposed to be acquired by eminent domain and whose name and
address appears on the last equalized County Assessment Roll.
Section 6. That, for further particulars, reference is
made to said proposed Resolution of Necessity on £ile in the
office of the City Clerk and to Section 1245.235 of the Code of
Civil Procedure and the Sections related thereto.
APPROVED AND ADOPTED this 14th day of fdovember ~
1989.
APPROVED AS TO FORM:
W~
JOHN R. H RPER
' City Attorney
I~ City of Lake E nore
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Ma yo r
City of Lake Elsinore
City of Lake. Slsinore
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, VICKI LYNNE KASAD , CITY CLERK o£ the City
i ._..
I of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing
Resolution, being Resolution No. 89-61 was duly
passed, approved and adopted by the City Council, approved and
signed by the Mayor, and attested by the City Clerk, all at
the regular meeting of said City Council held on the 14th
day of November , 1989 , and that the same was
passed and adopted by the following vote:
AYES: COUNCIIdMEMBERS: BUCK, DOMINGUEZ, STP.RKEY,
6JASF;BURN, WINKLER
NOES: COUNCILMEMBERS: fdOfJE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCIIMEMBERS: NOPJE •
EXECUTED this 15th day of November ~ 1989 ~
at Lake Elsinore, California.
city c;ter
City of La Elsinore
State of California
[SEAL]
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(LE#13/Resol/p.l-4)