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Home My WebLink AboutCC Reso No 1987-13RESOLUTION NO. $7-~3 RESOLUTION OF THE THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A ', CERTAIN PROJECT; MAKING STATEMENT OF THE I PUBLIC USE FOR WHICH CERTAIN PROPERTY IS TO BE ~I TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO I ', ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; I . DESCRZBING GENERAL LOCATION AND EXTENT OF SAID I PROPERTY TO BE TAKEN; DECLARING FINDINGS AND ' ' DETERMINATIONS ON PUBLIC INTEREST AND ', NECESSITY FOR SAID PROPERTY; AUTHORIZING AND ' DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE I COMMED7CED IN SUPERIOR COURT TO ACQUIRE SAID , PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING ~ OTHER IIETERMINATIONS ' ' ' WHEREAS, the City of Lake Elsinore, hereinafter called ' "City," is a California public agency organized and existing ', ' pursuant to California Law with the statutory authority to ~~, exercise the power of eminent domain; and ' I WHEREAS, the City intends to undertake a certain Project ~ £or public purposes; and , WHEREAS, in order to accomplish said Project, the City believes that it is necessary to acquire by.eminent domain ' certain property, including the right of temporary occupancy of adjacent lands Por construction purposes, hereina£ter ~I collectively called "Subject Property"; and WHEREAS, pursuant to Section 1245.235 of the Code o£ Civil Procedure, the City has fixed a time and place for public ', hearing on the matters re£erred to in Section 1240.030 0£ the !, Code of Civil Procedure; and i I WHEREAS, the City has given each person who owns or claims , a right in said Subject Property proposed to be acquired by ; eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to be heard in the time, £orm and manner required by Section 1245.235 of the Code o£ Civil Procedure; and WHEREAS, at said public hearing, the City did hear and ' consider all testimony, written and oral, to.the matters referred to in Section 1240.030 0£ the Code o£ Civil Procedure: NOW, THEREFORE, the City o£ Lake Elsinore does hereby , RESOLVE, DETERMINE AND ORDER as follows: I ~ II Section 1. The above recitals are all true and correct. ' Section.2. Said Subject Property to be taken by eminent I domain is £or a public use, to wit: ; The construction and installation of a traf£ic j ' control device and appurtenances I ', - thereto,hereinafter called "Project"; and ', ~ Section 3. The City is authorized and empowered to ~I commence eminent domain proceedings to acquire said Subject Property, pursuant to the statutes speci£ied as £ollows: 1. I I _ j _ i (a) Section 37350.5 of the Government Code; and (b) Eminent Domain Law, being Title 7, Part III of the Code of Civil Procedure. Section 4. extent of said is set forth o hereo£. Section 5. follows: A description of the general location and Subject Property to be taken by eminent domain ~ Exhibit "A" attached hereto and made a part The.City does £ind, determine and declare as (a) That, io the extent acquisition of said Subject Property results in a remnant, said remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code o£ Civil Procedure; , (b) That, to the extent o£ said Subject Property or ' interest therein is already appropriated a public use, the use proposed herein will not unreasonably inter£ere with or impair the continuance o£ said public use as it presently exists or may reasonably be expected.to exist in the future, pursuant to Section , 1240.510 0£ the Code o£ Civil Procedure; and (c) That, to the extent said Subject Properey or interest therein is already appropriated to a public use, the use proposed herein is a more necessary ~ublic use than the use to which said Subject Property is presently appropriated, pursuant to Section 1240.610 of the Code of Civil Procedure, or, in the aLterna- ', tive, the use proposed herein is a compatible public , use which will not unreasonably interfere with the continuance o£ the existing public use, pursuant to 1240.630(a) of the Code o£ Civil Procedure. Section 6. The City does hereby further find, determine and declare as follows: (a) That the public interest and necessary require said Project; ' (b) That said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) That said Subject Property sought to be acquired is necessary £or said Project; and (d) That a written of,fer o£ just compensation has been made to the owners of record of said Subject Property in the time, form and manner required by Section 7267.2 of the Government Code. Section~7. The Law Office o£ JOHN ROBERT HARPER, attorney for City, is hereby authorized and directed to commence an action in the Superior Court of the State o£ Cali£ornia, for the ', COUNTY OF RIVERSIDE -- in the name and on behal£ o£ the City, against those persons who appear on record or who are known to have a claim or interest in said Subject Property described in Exhibit "A", for the purpose o£ acquiring said Subject Property by eminent domain £or the public use described herein and to make application for possession of said Subject Property prior to judgment. 2. 4 Section 8. The o£ficers of the City are hereby authorized and directed to withdraw necessary siuns to deposit with the Superior Court as the probable amount of compensation that will be awarded in the eminent domain proceedings to acquire said Subject Property described in Exhibit "A". Section 9. The officers_of the City are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day o£ March , 1987, by the following vote: AYES: COUNCILf+IEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION - ABSENT: COUNCILME~iBERS: NONE ~ a or ATTEST: ~ ~ ~ ~<.~~ ty Clerk (SEAL) APPROVED AS Z'p FORM rn EXHIBIT A LEGAL DESCRIPTION OF S ITE ', The following described real property located in the County oP Riverside, State o£ California: That portion o£ Lot 14 0£ Country Club Estates Unit #1 as shown by Map on File in Book 11, Page 75, Riverside County Records, described as follows: BEGINNING at the most northerly corner of said Lot 14; THENCE South 36° 55' 30" West along the , northwesterly line of said Lot 14, 23.58 feet; THENCE North 80° 04' 26" East, 39.09 feet to a point on the northeasterly line of said Lot 14, said point being 27.18 feet southeasterly o£ the point of beginning as measured along said northeasterly line; THENCE North'63° 32' 30" West, 27.18 feet to the point of beginning. _ _._ __ _ _. _ __ __ _ __ ,:: _ ,Y !~ i~~ %`/: SlJ~ ~!i . ~ :~~ „ ,: ~ ~, ~ l ~~.~~ ~` \ ~. ~..~J''. . Z `^~ ~\ ~ ~U w i J o ~O W N . ~9 a_ 09~,~ '`4j a . ~ • ._ - ~ • . --~- \ e ~ 4 \ t . ~\ ~ 1 _ . I ., ~ \\ \~\ ~ ~ ~. ~ l .~' : ~~ !~/...: w .- . . ~ • ...-.-... ~.•,` ,\ . _L.~%~ !+~ :....'~~;"s•';':;'r' :..!_.~%i~ _~%%i1'iL..:: \ . _/% r /„ '~ . .. ,_ ' ~ .' ~ ~, r1 .~.' . .. \ i, 1 Y' 1 `~ •' + ~ ~ ( .`\ ~ ~ - - - -- - % -.- - -- /: -. / , . . ~: .~~ ~ `~; . , ; ; ~ . ~ 1~l~ ! •1~ ~ III ` ti~ ~ ~~ ~ O I ~ ~'~ II , i n \ ~ ' 2 '' ~ ~ ~ \ ~ ~ `. ry,~ ~ o~ , ~~ ~ ~ I ~~ _ z_ ,~ 1 ' '' l ', 1 l 1 •~ .1 . , 1` STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver,City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 24th day of March 1987 , and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ~ R J ANN OLIVER, CITY CLERK TY OF LAKE ELISNORE (SEAL) STATE OF CALIFORNIA ) I ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 87-13 , of said Council, and that the same has not been amended or repealed. DATED: March 25, 1987 /~~/l ~ ~^'~OJ • JO ANN OLIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL)