HomeMy WebLinkAboutCC Reso No 2015-019 City Council ResoRESOLUTION NO. 2015 -019
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, Serenity Park is a neighborhood park located at 19685 Palomar
Road in the City of Lake Elsinore featuring two (2) 1/2 court basketball courts, a tennis
court, open turf field, children's playground and picnic tables;
WHEREAS, the City proposes to construct a Skate Zone an expand Serenity
Park to include necessary restrooms and on -site parking and increase the recreational
opportunities serving the adjacent neighborhoods and the community as a whole;
WHEREAS, the City is authorized to acquire property for park and recreation
purposes by statutes including, without limitation, Government Code Section 37350.5;
WHEREAS, the parcel identified in Exhibit "A" (the "Property ") is adjacent to
Serenity Park and is necessary to complete the Serenity Park Expansion Project;
WHEREAS, the location, purpose, and extent of the proposed acquisition of the
Property conforms with the City's General Plan and the Parks and Recreation Master
Plan;
WHEREAS, all persons whose names and addresses appear on the last
equalized assessment roll for the Property were given notice of the intention of the City
Council to adopt a Resolution of Necessity and to direct the institution of eminent
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 March 10, 2015, at
which the matters set forth above and in Code of Civil Procedure Section 1240.030
were discussed, including the following matters: (a) whether the public interest and
necessity require the acquisition 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 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.
City Council Resolution No. 2015 -019
Page 2 of 3
SECTION 2. The Property is located within the City of Lake Elsinore. The
acquisition of the Property is for the following public use: expansion of Serenity Park to
accommodate restrooms and on -site parking and expanded recreational amenities. I.
The City is authorized to acquire the Property pursuant to the Eminent Domain Law.
SECTION 3. On the basis of the information contained in that certain staff report
to the Mayor and City Council dated March 10, 2015, 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. Expansion of
and improvements to Serenity Park are necessary to accommodate existing
and projected recreational needs of the City's current and future residents
and visitors.
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. The Property is
currently unimproved and acquisition for project purposes will not involve any
demolition or displacement. The Property is also subject to certain
development constraints and given its location and topography, the best use
of the Property is for the proposed expansion of Serenity Park. No other
properties are impacted and no new services will be required to complete the
project. The provision of on -site parking will alleviate the safety concern and
accessibility limitations presented by the current street parking conditions.
3. The Property is necessary for the project. If the City is unable to acquire the
Property, the Project will be stymied because the Property is the only property
available for park expansion taking into account surrounding.
4. The offer required by Section 7267.2 of the Government Code was made and
good faith efforts to acquire the Property by negotiation have not resulted in a
negotiated purchase.
SECTION
4.
The
City
is hereby authorized
and empowered
to acquire by
condemnation
the
fee
title
to the
Property.
SECTION 5. The City Attorney 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 real property.
The City Attorney is specifically authorized to take whatever steps and /or procedures
are available to it under the Eminent Domain Law.
City Council Resolution No. 2015 -019
Page 3 of 3
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 10th oey of March, 2015.
Mayor
T EST:
`
(Nip a bzmm
_
Virgini . Bloom, ity Clerk
APPROVED AS TO FO
Baba' ra Zeid)Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia
Bloom, City
Clerk of the City of Lake
Elsinore, California,
do hereby certify
that Resolution No. 2015 -019 was adopted by
the City Council of
the City of Lake
Elsinore,
California, at
a Regular meeting held on
the 10th day of March
2015, and that
the same
was adopted
by the following vote:
AYES:
Mayor Pro
Tern Tisdale, Council
Member Magee,
Council Member
Johnson,
Council Member Hickman
and Mayor Manos
NOES:
None
ABSENT:
None
ABSTAIN:
None
)1hA*111VA1J
?
Virginia
Bloo
ity Clerk