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HomeMy WebLinkAboutCC Reso No 2007-023RESOLUTION NO. 2007-23 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 conditioned Castle & Coolce Alberhill Ranch, LLC to improve Nichols Road as an urban arterial consistent with the City's approved Circulation Element and consistent with the Alberhill Ranch Specific Plan (the "Project"); and WHEREAS, Nichols Road improvements are necessary to the development of an urban arterial that can accommodate anticipated growth and resulting automobile traffic in the surrounding area; 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, the parcel identified in Exhibit "A" (the "Property") is necessary because the safest, most direct configuration of the road way cuts directly through the Property; and WHEREAS, the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan; and 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 February 27, 2007, 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 CITY COUNCIL RESOLUTION NO. 2007-23 PAGE 2 OF 4 necessary far 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. SECTION 2. The Property is located within the City of Lake Elsinore. The acquisition of the Property is for the following public use: the construction and improvement of Nichols Road as a circulation element urban arterial. 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 repart to the Mayor and City Council dated February 27, 2007, which is incorporated herein by reference, and all other written and aral 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 Nichols Road are necessary to accommodate existing and projected growth. 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. Currently, the subject portion of Nichols Road is an unmarked dirt road. Several tentative tract maps have been approved for a substantial number of acres along Nichols Road. Those tract maps have been conditioned to provide street improvements to Nichols Road to convert it from a dirt road to an urban arterial. Based on the City Engineer's review and analysis, the existing alignment of the dirt road poses safety concerns related to blind curves, non-traditional T-intersections, and topography constraints. The realignment and improvements of Nichols Road will provide the safest alternative configuration with the least amount of disruption to neighboring property owners. CITY COUNCIL RESOLUTION NO. 2007-23 PAGE 3 OF 4 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 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 recard based on an approved appraisal. The City's initial offer to the owners of record was for the full appraised value of the vacant lot, $62,100. The owners of recard rejected the City's initial offer and indicated that they would accept $138,100 for purchase of their lot. After much deliberation, the City Council revised its offer to the owners of record for $70,000. The owners of record rejected this offer as well. SECTION 4. The City is hereby authorized and empowered to acquire by condemnation the fee title to the Property. SECTION 5. The City Attorney or special counsel retained for such purpose ("Special Condemnarion 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 insiruments, and to make such arguments and to take such actions as may be necessary in their opinion to acquire the real properiy. 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 6. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2007-23 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 27th day of February 2007, by the following vote: AYES: COiINCILMEMBERS: su~kiey, Hickman, Kelley Schiffner, Magee NOES: COUNCILMEMBERS: tvone ABSENT: COUNCILMEMBERS: None ABSTAIN: COIJNCILMEMBERS: None Robert`~. Magee, City of Lake Elsi~ ATTEST: ~~~r~ ~,~ ~~ Michelle Soto, Interim City Clerk City of Lake Elsinore APP OVED AS TO F ~~,~,/~ ~ ~` ~arbara Zeid~I,eibold, City Attorney City of Lake Elsinore