The URL can be used to link to this page

Home My WebLink About2026-014 Resolution of Necessity to Acquire Property APN 374-173-004 (Berthanna Taylor) City Center Parking ProjectRESOLUTION NO. 2026-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF ASSESSOR PARCEL NO. 374-173-004 FOR THE CITY OF LAKE ELSINORE CITY CENTER PARKING PROJECT WHEREAS, the City of Lake Elsinore (the “City”) proposes to acquire fee interest in certain real property, located in the City of Lake Elsinore, California, more particularly described as Assessor Parcel No. 374-173-004 (the “Property Interest”) for the construction and redevelopment of the City of Lake Elsinore City Center Parking Project (the “Project”), in Lake Elsinore, California, pursuant to the authority granted to it by sections 37112, 37350, 37350.5, 37353, 37361, 37364, and 38010 of the California Government Code; and WHEREAS, on August 6, 2025, the City sent by First Class U.S. Mail to the owner of record of the Property Interest a California Government Code section 7267.2 offer for the acquisition of the Property Interest; and WHEREAS, an Agenda Staff Report discussing this Resolution has been prepared by City Staff, and it is incorporated herein by reference; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a Public Hearing for Tuesday, February 10, 2026 at 7:00 p.m., at the Lake Elsinore Cultural Center, located at 183 North Main Street, Lake Elsinore, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City, and each affected property owner was afforded an opportunity to be heard on said matters; and WHEREAS, at the close of the public hearing and after the opportunity for open and public discussion among the City Council, the City Council voted, by more than the statutorily required two-thirds’ majority of the City Council membership, to adopt this resolution, and the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Compliance with the California Code of Civil Procedure. The City has complied with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. SECTION 2. Public Use. The public use for which the Property Interest is to be acquired is for the construction of the Project, located at the corner of Heald Avenue and Main Street, in the City of Lake Elsinore, California. Sections 37112, 37350, 37350.5, 37353, 37361, 37364, and Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE CC Reso. No. 2026-14 Page 2 of 4 38010 of the California Government Code authorize the City to acquire by eminent domain property necessary for such purposes. SECTION 3. Description of Property. Attached and marked as Exhibit “A” are the legal description and plat map of the Property Interest, which describe the general location and extent of the property with sufficient detail for reasonable identification. SECTION 4. Findings. The City hereby finds and determines each of the following: (a) Finding No. 1: Public Interest and Necessity Require the Project. The Property Interest is necessary to serve increased parking demands in the Downtown area and will promote continued economic health of downtown businesses and access to government facilities consistent with the Downtown Elsinore Specific Plan which promotes the objective of “park-once- and-walk.” (b) Finding No. 2: The Project is Planned and Located in the Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury. The Property Interest is located on a site that is currently unimproved. The Property Interest is also located directly adjacent to the Cultural Center and already serves as an unregulated parking lot. No other properties are impacted and no new services will be required to complete the Project. (c) Finding No. 3: The Property is Necessary for the Project. Acquisition of the Property Interest is necessary to alleviate anticipated parking shortages that will accompany the expanded reuse of the Cultural Center following completion of the City Hall project, and are otherwise consistent with the public parking objectives set forth in the Downtown Elsinore Specific Plan. (d) Finding No. 4: The City Has Negotiated to Purchase the Property. Government Code Section 7267.2 requires the City to make a good faith offer of just compensation and to attempt to acquire the properties through a negotiated purchase. The offer required by Section 7267.2 of the Government Code was made to the owner of record based on an approved appraisal conducted. The City’s initial offer to the owner of record was for the full appraised value. The owner of record has declined to accept the City’s initial offers and have further declined to engage in additional negotiations. SECTION 5. Use Not Unreasonably Interfering with Existing Public Use(s). Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of any public use as it may now exist or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the herein described real property subject to such existing public uses pursuant to section 1240.510 of the California Code of Civil Procedure. SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired maybe subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of any public use as it may now exist or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE CC Reso. No. 2026-14 Page 3 of 4 acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. SECTION 7. Environmental Determination. The environmental effects of the Project were contemplated and analyzed and determined to fall within an exemption to California Environmental Quality Act (“CEQA”) (Public Resources Code, § 21000 et seq.), and the State CEQA Guidelines (14 CCR § 15000 et seq.) as set forth in Section 15311 (Class 11: Accessory Structures). Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On-premise signs; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. SECTION 8. Further Activities. The City Attorney is hereby authorized to retain the law firm of Murphy & Evertz, as the City Attorney’s designee and to represent the City in these matters, in an amount not to exceed $50,000. Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transaction required to acquire the subject real property. SECTION 9. Effective Date. The Mayor shall sign this Resolution, and the City Clerk shall attest thereto, and this Resolution shall take effect and be in force on the date of its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10th day of February 2026. Robert E. Magee Mayor Attest: Candice Alvarez, MMC City Clerk Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE CC Reso. No. 2026-14 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2026-14 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 10, 2026 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE EXHIBIT “A” LEGAL DESCRIPTION AND PLAT MAP [SEE ATTACHED TWO (2) PAGES] Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE EXHIBIT A1 LEGAL DESCRIPTION FEE SIMPLE INTEREST APN: 374-173-004 The Westerly rectangular 45 feet of the Northerly rectangular 100 feet of Lot 4 in Block 21 of the Town of Elsinore as shown by Map on file in Book 6, Page 302 of Maps, San Diego County Records. Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE EXHIBIT A2 PLAT MAP FEE SIMPLE INTEREST APN: 374-173-004 Docusign Envelope ID: E80ACA23-1458-4EF0-9E3D-5D111EE8D5EE