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Home My WebLink AboutCC Reso No 2008-108 n n n RESOLUTION NO. 2008-108 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, the City of Lake Elsinore ("City") has recently completed the widening of Machado Street from Grand Avenue to Lakeshore Drive consistent with the City's approved Circulation Element; and WHEREAS, there is one portion of Machado Street that has yet to be widened (the "Project") directly in front of piece of property located at the southwest corner of Machado Street and Le Harve Avenue commonly identifiable as Assessor's Parcel No. 379-403-018, having a street address of 32564 Machado Street, and legally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the portion of Machado Street that remains to be widened presents safety concerns to motorists and pedestrians traveling along this roadway because it sticks out into the right-of-way and creates a jog in the roadway; and WHEREAS, to rectify this problem, the City needs to widen Machado Street in front of the Property; and WHEREAS, the City does not need the entire piece of the Property but instead only needs a 130'x15' portion (approximately the first .1 ,950 square feet of the Property that abut Machado Street) of the Property as identified in Exhibit "B" attached hereto and incorporated herein by this reference (the "Necessary Portion") in order to complete the Machado Street widening; and WHEREAS, the location, purpose, and extent of the proposed acquisition of the Necessary Portion conforms with the City's General Plan; and WHEREAS, the City has made a good faith effort to acquire the Necessary Portion of the Property from the Property owners but has been unsuccessful; and WHEREAS, the City is authorized to acquire property for street improvement purposes by statutes including, without limitation, Government Code Section 37350.5; and WHEREAS, prior to exercising its power of eminent domain, the City is required to adopt a resolution of necessity; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the Property were given notice of the City Council's intention to adopt a Resolution of Necessity and to direct the institution of eminent n n n PAGE 2 OF 7 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 December 9, 2008, at which the matters set forth in the Eminent Domain Law (Cal. Code Civil Procedure 99 1230.010 et seq.) 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 by this reference. SECTION 2. In satisfaction of California Code of Civil Procedure section 1245.230, the City Council hereby finds and declares that the Necessary Portion of the Property will be put to use as "right of way" for Machado Street. According to California Government Code section 37350.5, "a city may acquire by eminent domain any property necessary to carry out any of its powers or-functions." A preeminent function of a city is to provide traffic circulation within its jurisdiction. On that basis, because the Property will be used for roadway purposes, the use constitutes a public use in accordance with State law. SECTION 3. The Necessary Portion of the Property to be taken is located within the City of Lake Elsinore. A legal description of the Property is attached hereto as Exhibit "A" and map showing the Necessary Portion of the Property is attached hereto as Exhibit "B". SECTION 4. On the basis of the information contained in that certain staff report to the Mayor and City Council dated December 9, 2008, 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. Improvements to Machado Street are necessary to alleviate a jog in the roadway that presents safety hazards for motorists and pedestrians travelling along said roadway. . 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. Based on the City Engineer's review and analysis, the existing alignment of Machado Street directly in front of the Property poses safety concerns because 130'x15' of the n n n PAGE 3 OF 7 Property stick out into Machado Street, which forces traffic to swerve around this island when travelling on Machado Street. The improvement of Machado Street in front of the Property will provide the safest alternative configuration with the least amount of disruption to neighboring property owners. 3. The Necessary Portion of the Property is necessary for the project. If the City is unable to acquire the Property, the Project will be stymied because the Property lies in the middle of the proposed road alignment. 4. The offer required by Section 7267.2 of the Government Code has been made to the owners of record based on an approved appraisal. The City's initial offer to the owners of record was for the full appraised value of the Necessary Portion of the Property, $4,300. The owners of record rejected the City's initial offer and indicated that they would accept $9,000 for purchase of the Necessary Portion of the Property. After much deliberation, the City Council revised its offer to the owners of record for $5,000. The owners of record rejected this offer as well. SECTION 5. The City is hereby authorized and empowered to acquire by condemnation the fee title to the Property. SECTION 6. The City Attorney or special counsel retained for such purpose ("Special Condemnation Counsel") 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 Necessary Portion of the Property. The City Attorney and Special Condemnation Counsel are specifically authorized to take whatever steps and/or procedures are available to it under the Eminent Domain Law. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. n n I I n PAGE 4 OF 7 PASSED, APPROVED AND ADOPTED this 9th day of December 2008, by the following vote: AYES: Mayor Robert Magee, Mayor Pro Tem Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Council member Daryl Hickman NOES: None ABSENT: None ABSTAIN: None Carol Cowley, Interim City City of Lake Elsinore APPROVED AS TO FORM: ~vJ~ <d.....u rbara Leibold, City Attorney City of Lake Elsinore n n r PAGE 5 OF 7 Exhibit "A" Legal Description of the Property Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: ALL THAT PORTION OF LOT 28 IN BLOCK B OF RANCHO LA LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 377 OF MAPS, SAN DIEGO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID LOT 28 AND THE SOUTHEASTERLY LINE OF MACHADO STREET, AS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 330 FEET; THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 132 FEET; THENCE NORTHWESTERLY AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 330 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF MACHADO STREET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF MACHADO STREET, A DISTANCE OF 132 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 28; THENCE SOUTHEASTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 28, A DISTANCE OF 167 FEET; TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY, ALONG SAID LAST MENTIONED SOUTHWESTERLY LINE 70 FEET; THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 28, A DISTANCE OF 50 FEET; THENCE NORTHWESTERLY, AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 28, A DISTANCE OF 70 FEET; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 28, A DISTANCE OF 50 FEET TO THE TRUE POINT OF BEGINNING. APN: 379-403-018 n n n PAGE60F7 Exhibit "B" Map of Necessary Portion of Property [TO BE INSERTED]