HomeMy WebLinkAboutCC Reso No 1981-57,,,,-
~;:r..
,,
. r,
RESOLUTIODT NO. 81-57
A RESOLLITIODI OF THE CITY COUNCIL OF THE CITX OF
LAKE. F.LSINORE, CALIFORNIA, FINDING AND DF,TF.RMINING
THAT THE PUBLIC INTF,REST AND NF,CESSITY REO[JIRB THE
PROPOSED ACQ[JISITION OF REAL PROPERTY FOR T.1SE AS A
SOLID WASTE DISPOSAL SITR; THAT THE PROPOSED PROJECT
IS PLANNED OR LOCATED IN THE MANNER WHICH WILL BR
MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND
THE LEAST PRIVATE INJURY; THAT THE PROPERTY DESCRIBED
HEREIN IS NECESSARY FOR THE PROPOSED PROJECT; THAT
THE. CITY IS AUTHORIZED TO AC(ZUIRE SAID PROPERTY ICY
EMINENT DOMAIN; AND AUTHORIZING THE CITY ATTORNRY
TO COMMENCE, PROCF.,F.DINGS AND OBTAIN AN ORDER FOR
IMMEDIAT.6 POSSESSION
WHEREAS,`-the City of LaY,e Elsinore has expresses? its
intention to acquire by eminent domain cerY.ain real property within
the City of Lake Elsinore necessary for a solid waste disposal site;
and
WHERF,AS, notice of. said hearing on said intended acquisi-
tion was du).y given as required by law; and
WHEREAS, said hearing was held and conducted by and
before the City Council on August 11, 1981, at the time and place
indicated in the notice of hearing; and
WHEREAS, City Council has considered all matters duly
presented at said hearing:
NOW, THEREFORE, BF, I'~. RESOLVED, ORDERED, FOUND AND
DETERMINED by the City Council of the City of Lake Elsinore as
follows:
1. That the hereinafter described real property sought
to be taken by eminent domain is to be used for a solid waste
disposal site;
2. That pursuant to Government Code Section 37350.5, the
,,
~,
.
~; .
City of bake Elsinore is author.i.zed to acquire the hereina.f.ter
described real property by eminent domain;
3. That the real property to be acquired is located at
the easterly edge of the present City of Lake Elsinore dump site,
and is more particularly described as follows:
The west one-half of the east one-half of the
southwest one-quarter of Section 4, Township F
south, Range 4 west, San Aernardino T3ase and
Meridian, Records of Riverside County,
California;
~l. That the public interest and necessity require the
extension of the present City o£ Lake Elsinore dump site .f.or solid
waste disposal and related and incidental purposes and uses;
5. That the proposed project and related incidental
improvements and uses are planned or located in the manner which is
and which will he most compatible with the greatest public good and
the least private injury;
h. That the taking o£ a fee simple or lessor interest in
the herein above described property is necessary for the proposed
project and related and incidental improvements and uses;
7. That the City Council finds and determines that the
purposes for which the interest in said property to be taken are
public purposes and the uses therefore are authorized by law, and
the taking of. said property interests are necessary to such uses;
A. That the City Attorney of the City of Lake Elsinore
is authorized to make such minor changes in the description of the
property involved herein and in the pleadings to be filed herein
as he deems necessary for the conducting of the condemnation action
or other proceedings necessary to acquire said property;
-2-
<~,a
~,,".
9. That the City Council orders the City Attorney of she
City of Lake Elsinore and hereby authorizes him to prepare and
prosecute proceedings in the name of. the City of Lake Elsinore in a
court of competent jurisdiction for the acquisition of the fee
simple and such lessor interest in the property hereinabove
described by condemnation in accordance with. the provisions of the
laws and the Constitution of. the State of California relating to
eminent domain, and to make application to said court for an order
for possession prior to iudgment to permit the commencement of. the
proposed project hereinabove described;
10. That the deposit of: money out of proper funds of the
City of Lake Elsinore for. probable compensation according to the
provisions of law, and f_or jury :fees, reporter frees, and other.
costs is herebv authorized.
PASSED, APPROVED ADTT) ADOPTED this 11th day of. August,
1981 upon the following roll call vote:
Ayes:
Noes:
Abstentions:
Absent:
JERRY {i. STEWART
Mayor
ATTEST:
ANGELA BASCH
Depixty City Clerk
-3-