HomeMy WebLinkAboutCC Reso No 2014-003 Machado St Sidewalk ImprRESOLUTION NO. 2014 -003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AGREEING TO JOINTLY EXERCISE
POWERS OF EMINENT DOMAIN AND DIRECTING AND
AUTHORIZING THE COUNTY OF RIVERSIDE TO ACT AS LEAD
AGENCY AND CONDEMN CERTAIN PROPERTIES WITHIN THE CITY
OF LAKE ELSINORE FOR THE MACHADO STREET SIDEWALK
IMPROVEMENTS
WHEREAS, the County of Riverside has been awarded Safe Routes to School
construction grant program funds by the California Department of Transportation to
construct sidewalks, curb and gutter, curb ramps, minor drainage and installation of
signs and pavement markings to increase bicycle and pedestrian safety along Machado
Street between Tiller Lane and approximately 200 feet north of Natalie Drive (the
"Project "); and
WHEREAS, the Project lies within both the unincorporated area of Riverside
County and within the City of Lake Elsinore's municipal boundaries; and
WHEREAS, the portion of the Project within the City's boundary is located along
Machado Street between Tiller Lane and Ulla Lane (the "City Portion ") and will be
acquired to widen the street so that the Machado Street is a consistent width with the
County's right of way as an integral part of the construction of the Project; and
WHEREAS, the location, purpose, and extent of the proposed acquisition of the
City Portion conforms with the City of Lake Elsinore's General Plan; and
WHEREAS, Government Code Section 6502 provides that "[i]f authorized by
their legislative or governing bodies, two or more public agencies by agreement may
jointly exercise any power common to the contracting parties "; and
WHEREAS, Code of Civil Procedure Section 1240.140(b) provides [t]wo or more
public agencies may enter into an agreement for the joint exercise of their respective
powers of eminent domain, whether or not possessed in common, for the acquisition of
property as a single parcel'; and
WHEREAS, in furtherance of the above - referenced recitals and in order to
memorialize the rights and obligations of the City and the County, the County and the
City desire to enter into a cooperative agreement for the acquisition of right of way
interests described above, for the County to act as lead agency for purposes of
providing land acquisition services, for construction of the Project and for maintenance
over such interests.
City Council Resolution No. 2014 -003
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
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. Pursuant to Government Code Section 6502 and Code of Civil
Procedure Section 1240.140(b), the City agrees to jointly exercise its power of eminent
domain with the County of Riverside in relation to the Project.
SECTION 3. The City further directs and authorized the County of Riverside to
act as lead agency on behalf of the City for purposes of any eminent domain necessary
for the Project.
SECTION 4. The City approves that certain Agreement By and Between County
of Riverside and City of Lake Elsinore for Machado Street Sidewalk and the City
Manager is authorized to execute such agreement, subject to any minor modifications
as may be approved by the City Attorney.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 14th day of 2014.
ATTEST:
City Clerk
APPROVED •' FORM:
BaYbara Z. L JbId, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
1, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2014 -003 was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on the 14 day of January 2014, and that the same
was adopted by the following vote:
AYES: Council Member Tisdale, Council Member Magee, Mayor Pro Tem Manos
and Mayor Johnson
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
2-irgi 'a J. BI m, City Clerk