HomeMy WebLinkAboutRDA Reso No 1994RESOLUTION NO. RDA 94-1
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
A GUARANTEE TO REPAY DELINQUENT LOANS OF
1ST TRUST BANK, LOW INTEREST HOME
IMPROVEMENT LOAN PROGRAM
WHEREAS, ~he lst Trust Bank has agreed to guarantee the
availability of $300,000.00 for a Home Improvement Loan Pilot
Program, and;
&JHEREAS, this was at the requst of the Redevelopment Agency to
encourage theimprovement of owner occupied residential units, and;
WHEREAS, the targeted group shoul~ fall within the income
limits set by HUD for Riverside County, and;
WHEREAAS, an outline of the program is attached for referencee
NOW~ THEREFORE, THE CHAIRMAN AND REDEVELOPMENT AGENCY BOARD OF
THE CITY OF LAKE ELSINORE, CALYFONRIA~ DO RESOLVE AS FOLLOWS:
SECTION 1. The Redevelopment Agency will guarantee repayment
of any and all delinquent loans as set out in the Low Interest Home
Improvement Loan Proqram to and through lst Trust Bank.
PASSED, APPROVED AND ADOPTED this 22nd day of March, 1994, by
the following vote:
AYES: BOARDMEMBERS: ALONGI~ CHERVENY, DOMINGUEZ~ WINKLER~
WASHBURN
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
C
APPROVED AS TO FORM & LEGALITY:
~~Y1 ~ ~
JOHN R. FIARPER, EG L COUNSEL
REDEVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Aqency of the City of Lake Elsinore at a reqular
meeting of said Agency on 22nd day of March, 1994, and that
it was so adopted by the following vote:
AYESe BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN,
WINKLER
NOES: BOARDMEMBERS: NONE
ABSENTe BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
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VIGKI KA~AD, CITY CLERK
CITY CtF' LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-1 of said Council, and that
the same has not been amended or repealed.
: April 5, 1994
VICKI KASAD, CITY CLERK
CITY O~ 'i,AKE ELSINORE
(SEAL)
RESOLUTION NO. R.D.A. 94-2
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE, GRANTING RIGHT OF ACCESS TO CITY STREET
KNOWN AS CASINO DRIVE.
WHEREAS, Parcel 5 of Parcel Map No. 27821 ("Parcel), City of
Lake Elsinore, County of Riverside, abuts Casino Drive, a duly
dedicated street in said City;
WHEREAS, rights of access to and from said Casino Drive were
severed from said Parcel by instrument number 224301, recorded
December 2, 1982, official records, Riverside County, as said
Parcel was part of former State Highway;
WHEREAS, it is in the best interests of the City and said
Parcel to have access to a public street;
NOW, THEREFORE, it is resolved that instrument number 224301
is null and void and said Parcel shall have all standard rights of
access to a City street.
PASSED APPROVED AND ADOPTED BY TAE LAKE ELSINORE REDEVELOPMENT
AGENCY THIS 3RD DAY OF MAY, 1994, BY THE FOLLOWING VOTE:
AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: ALONGI, CHERVENY
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
.
WINKLER, CHAIRMA
ATTE
APPROVED TO~FORM AND LEGALITY:
~`Ju' o' ~ ~
John R. Aarper, eg 1 Counsel
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 3rd day of May, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: DOMINGUEZs WASHBURN, WINKLER
NOES: BOARDMEMBERS: ALONGI, CHERVENY
ABSENTe BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
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VYCKI KASA~, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-2 of said Council, and that
the same has not been amended or repealed.
bAT D: May 13, 1994
~~ ~
VYCKI KASAD, CITY CLERK
CITY a~ LAKE ELSINORE
(SEAL)
RESOLUTION NO. 94-3 _
' A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE TAX COLLECTOR OF THEICO NTY OF RIVERSIDE TO
PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES
WHEREAS, the Board of Directors of the Redevelopment Agency of
enc has
the City .of Lake Elsinore, California (the "A9 Y~~~~
heretofore instituted and conducted proceedings under the terms and
provisions of the Mello-Roos Community Facilities Act of 1982 (the
"Act"), being Chapter 25 of Part 1 of Division 2 of Title 5
(commencinq at Section 53311) of the State of California Government
Code for the acquisition and construction of certain public works
of improvements, together with appurtenances and appurtenant work
in a special tax district designated as COMMUNITY FACILITIES
DI5TRICT NO. 90-2 (TUSCANY HILL5 PUBLIC IMPROVEMENTS), hereinafter
referred to as the CFD 90-2; and
WHEREAS, in Agency Resolution RDA No. 90-6 adopted on October
24, 1990, the "Resolution of Intention"; Agency Resolution No. RDA
90-12 entitled "A Resolution Declaring Results of Special Election
I and Directing Recording of Notice of Special Tax Lien", adopted
November 27, 1990; and Agency Ordinance No. RDA 1 entitled "An
Ordinance of the Governing Board of the Redevelopment Agency of the
S ecial Taxes Within the
City of Lake Elsinore Levying P
Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No.90-2 (Tuscany Hills Public Improvements)",
adopted December 11, 1990; and
WHEREAS, all special taxes in this district were levied
without regard to property valuation; and
NOW, THEREFORE, the Board of Directors of the Redevelopment
Agency of the City of Lake Elsinore does hereby resolve as follows:
1, That the portion of the principal, interest and other
costs related to CFD 90-2 due or coming due through June 30, 1995,
be placed on the County Tax Rolls and be collected by the Riverside
County Tax Collector, as provided for in Exhibit "A" (a summary of
fixed charges).
Z. That the properties to be so assessed and the related
Page 2
~ Resolution No. 94-~_
amounts are submitted on magnetic tape as requested by the
Riverside County Tax Collector, £urther identified as County Fund
No. 68-2364.
PASSES, APPROVED AND ADOPTED this 2nd day of August, 1994 by
the following vote:
AYES: BOARD MEMBERS: ALONGI, BENDER, WASHBURN, PAPE
NOES: SOARD MEMBERS: NONE
ABSENT: BOARD MEMBERS: CHERVENY
ABSTAIN: BOARD MEMBERS: NONE
~
P PE, H~' ~N
OF LAKE ELSINORE REDEVELOPMENT AGENCY
AT ST:
~ ~~
'JI~KI L. KASAD
Li,ti~t2K OF THE BOARD
APPROVED AS TO FORM AND LEGALITY:
JOHN~ ARPER~ LE AL COUNSEL
r
FUND NUMBEK
TOTAL PARCELS
TOTAL CHARGES
CFD90-2•ExA
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
EXHIBIT "A"
~TU~SCA y HILLS PUBLICLIMPROVEMENTS)
SUMMIIRY ~FISCALDYEARR1994E95 TAX ROLL
68-2364
~p7~ or actual count
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foreqoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 14th day of November, 1995, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: BRINLEY, WASHBURN, PAPE
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: ALONGI, BENDER
ABSTAIN: BOARDMEMBERS: NONE
/
CK~.-~'+,~CIThC CLERK
t".ITY OF L~k.ICF ELSINORE
( S~AS,j
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 95-13 of said Council, and that
the same has not been amended or repealed.
DAT/BD: November 15, 1995
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i~ICKI KA.AA, CITY CLERK
CTTY O;~ LAKE ELSINORE
( SE7~3,)
RESOLUTION NO. RnA 94~_4
, ,_, _
A RESOLUTTON OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE AUTHORIZING AND DIRECTING THE EXECUTION OF THIiEE
IZEIMBURSEMENT AGREEMENTS RELATING TO THE ISSUANCE OF CERTAIN
BONDS BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY, APPROVING AN
OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE SALE OF CERTAIN
PIZOPERTY PURSUANT TO A GRANT DEED, AND AUTHOAIZING AND APPROVING
OTHER MATTERS PROPERLY RELATING THEftETO
WHEIZEAS, the City of Lake Elsinore (tl~e "City") and the Redevelopment Agency of the
City of Lake Elsinore (the "A~ency") have heretofore entered into a Joint Exercise of Powers
Agreement dated as of July 25, 1989, establishing the Lake Elsinore Public Financing Authority
(the "Authority") for the purpose of issuui~ its bonds, notes and other obligations to be used to
provide financial assistance to the A~ency;
WHEREAS, for the purpose of providing funds to fund loans to the Agency for its
Rancho Laguna Redevelopment Project Areas No. I, II and III (the "Three Project Areas"), the
Authority, on November 3, 1993, issued its Lake Elsinore Public Financing Authority 1993
Series B Senior and Subordinate Taxable Tax Allocation Revenue Notes (Lake Elsinore
Redevelopment Projects) in the aggregate principal amount of $9,250,000 (the "1993 Taxable
Notes") to finance a multi-purpose stadium (the "Project") located in the Agency's Rancho
Laguna Redevelopment Project Area No. III, but also being of benefit to Rancho Laguna
Redevelopment Project Area No. I and Rancho La~una Redevelopment Project Area No. II;
WHEREAS, the 1993 TaxaUle Notes mature on October 1, 1994 and the City Council of
the City, in Resolution No. 93-60 adopted on September 30, 1993, found that the Agency would
require the assistance of the City in refinancing the 1993 Taxable Notes at maturity and in said
Resolution 93-60 proposed to implement a refinancuig plan for the Project pursuant to which
the Authority would issue its bonds to provide funds to acquire the Project from the Agency
and the Authority would then lease the Project to the City;
WHEREAS, to effectuate the foregoing, and, if market conditions permit, to raise
additional moneys for redevelopment projects in the Three Project Areas, the City proposes to
enter into a Lease Agreement, dated as of September 1, 1994 (the "Lease Agreement") with the
Authority, and the Authority proposes to issue its Lake Elsinore Public Financing Authority
1994 Revenue Bonds (Lake Elsinore Redevelopment Projects), Series A(the "Series A Bonds")
and Lake Elsinore Public Financing Authority 1994 Subord'ulated Revenue Bonds (Lake Elsinore
Redevelopment Projects), Series B(the "Series B Bonds") in an aggregate principai amount not to
exceed $17,000,000 (together, the "Bonds"), pursuant to Article 11 of Chapter 3 of Part 1 of
Division 2 of the California Government Code (commencing with Section 53580) and Article 4
(commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code
of the State of California (together the "Bond Law") and pursuant to two Indentures of Trust
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(the "Series A Indenture;' the "Series B Indenture;' and together, the "Indentures"), each dated as
of September 1, 1994, by and between the Authority and a financial institution having trust
powers, as trustee for the owners of the Bonds;
WHEREAS, the lease payments to be made by the City pursuant to the Lease
Agreement will be reimbursed to the City by the Agency pursuant to three Reimbursement
Agreements, each dated as of Septeinber 1, 1994, by and between the City and the Agency for
the Rancho Laguna Redevelopment Project Areas Nos. I, II and III, respectively, under which
Tax Revenues (as defuied in the Reimbursement Agreements) allocated to each of the three
Project Areas will be pledged to such reimbursement; and
WHEREAS, pursuant to Section 33679 of the Community Redevelopment Law of the
State, constituting Part 1 of Division 24 of the California Health and Safety Code (the "Law"),
the City Council of the City and the Agency held a joint public hearing on August 5, 1993, on
the commitment of the Agency to use Tax Revenues for the purpose of paying the costs of the
Project, notice of such public hearing having been duly published as evidenced by affidavit of
publication on file with the City Clerk;
WHEREAS, the Agency, with the aid of its staff, has reviewed the Reimbursement
Agreements, and the form of Official Stateinent and the transactions therein described, and
wishes at this time to approve the foi,Going in the public interests of the Agency, subject to the
terms and conditions set forth;
NOW, THEIZEFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Redevelopment Agency of the City of Lake Elsinore as follows:
Section 1. . Approval of Reimbursement Agreements. The Agency hereby authorizes
and approves the execution and deliveiy of three separate reunbursement agreements with the
City pursuant to the Bond Law, namely, the Reimbursement Agreements, each dated as of
September 1, 1994, by and between the City and the Agency relating to Rancho Laguna
Redevelopment Project Project Area No. I, Project Area No. II and Project Area No. III,
respectively. The Agency hereby approves the Reimbursement Agreements in substantially the
form on file with the Secretary together with any additions thereto or changes therein deemed
necessary or advisable by the Executive Director or an authorized representative of the
Executive Director, whose execution thereof shall be conclusive evidence of approval of any
such additions and changes. The Executive Director is hereby authorized and directed to
execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the
Agency to, the final form of the Reimbursement Agreements for and in the name and on behalf
of the Agency. The Agency hereby authorizes the delivery and performance of the
Reimbursement Agreements to refinance its obligations pursuant to the three Agency loan
agreements securing the 1993 Taxable Notes and to effectuate the financing described in this
Resolution.
Section 2. Official Statement. The Agency hereby approves the Official Statement
describing the Bonds, in substantially the forin submitted by First California Capital Markets,
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Inc (the "Underwriter") and on file with the Secretary. Distribution of fl1e final Official
Statement by the Under-writer is hereby approved.
Section 3. Approval of Sale of the Project to the Authoxity. The sale of the Project to
the Autharity for an amount no less than an amount sufficient to allow the Agency to pay
amounts to be owing on October 1, 1994 under the loan agreements securing the 1993 Taxable
Notes, which amounts will then be applied to pay the 1993 Taxable Notes in full on their stated
maturity date, is hereby approved. The Chairman or the Executive Director is hereby
authorized and directed to execute a grant deed in the name of the Agency to effect such sale,
and to agree to and acknowledge the Indentures, which set forth the final sale price.
Section 4. Notes. If fl1e Boiids as contemplated by this Resolution are unable to be
issued in sufficient time to pay the 1993 Taxable Notes at maturity, the Executive Director and
all other officers of the Agency are hereUy directed to execute and deliver any such documents,
agreements or other instruments, substantially similar to those executed and delivered by the
Agency in connection with the "1993 TaxaUle Notes, necessary or convenient for the issuance of
refunding notes to provide for the payinent of fl1e 19~3 Taxable Notes at their maturity.
Section 5. Official Actions. The Chairman, the Vice-Chairman, the Treasurer, the
Secretary, the Agency General Counsel and any and all other officers of the Agency are hereby
authorized and directed, for and in the naine and on behalf of the Agency, to do any and all
things and take any and all actions, including execution and delivery of any and all
assignments, certificates, requisitions, agreements, including, without limitation, notices,
consents, instruments of conveyance, warrants and other documents, which they, or any of
them, may deem necessary or advisaUle in order to consummate the lawful issuance, sale and
delivery of the Bonds and the refinancing of the 1993 Taxable Notes.
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Section 6. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED AND ADOPTED this 9th day of August, 1994.
AYES: BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES: BOARDMEMBERS: CHERVENY
ABSENT: BOARDMEMBERS: NON]
[SEAL]
APPROVED AS TO FORM AND
LEGALITY:
~~.~-I~-
John R. Harper, eg Counsel
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 9th day of August, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES:
CHERVENY
ABSENT: BOARDMEMBERS: NONE
ABSTAIN; BOARDMEMBERS: NONE
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VICKI K.~S.'~D, CITY CLERK
CITY OF LAKE ELSINORE
( SEAT,)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-4 of said Council, and that
the same has not been amended or repealed.
DATED: August 15, 1994
~
VICKI KA AD, .^,TT CLERK
CITY OF i:?~KE ELSINORE
(SEAL)
RESOLUTION NO. RDA 94-6
A RESOLUTION OF THE BOARD OF DIItECTORS OF THE
~;,~;,r COMM[JNITY REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, RIVERSIDE COUNTY,
CALIFOItNIA, DFSCRIBYNG A CERTAIN PROJECT;
MAKING A STATEMENT OF THE P~JBLIC USE FOR
WHICH CERTAIN PROPERTIES ARE TO BE TAKEN AND
REFERENCE TO STATUTORY AUTHORITY TO ACQUIItE
SAID PROPERTY BY ENIIAiENT DOMAIN; DESCRIBING
THE GENERAY, LOCATION AND EXTENT OF SAID
PYL~PERTY TO B~ ^d'AKEN; DECLARING FINDINGS AND
DETERMINATIONS ON THE PUBLIC INTERFST AND
NECESSITY FOR SAID PROPERTY; AUTHORIZING AND
DII2ECTING EMINENT DOMAIN PROCEEDINGS TO BE
CONIlVIENCED IN SUPERIOR COURT TO ACQUIItE SAID
PROPERTY INCLUDING APPLICATION FOR POSSESSION
OF SAID PROPERTY PRIOR TO JUDGMENT; AND
MAKING OTHER DETERMINATIONS
WHEREAS, the Community Redevelopment Agency of the City of Lake Elsinore is a
public enGty organized and existing pursuant to the laws of the State of California; and
WHEREAS, the Boazd of Directors of the Community Redevelopment Agency of the
City of Lake Elsinore intends to undertake a certain project for public purposes; and
WFIEREAS, in order to accomplish said project, the Board of Directors of the
Community Redevelopment Agency believes that it is necessary to acquire by eminent domain
certain property, hereinafter collectively called "Subject Property"; and
WHEREAS, pursuant to Section 1245.235 of the Code of Civil Procedure, the Board
of Directors of the Community Redevelopment Agency has fixed a time and place for the public
hearing on the matters refened to in Section 1240.030 of the ('ode of Civil Procedure; and
WFIEREAS, the Boazd of Directors of the Community Redevelopment Agency has
given each person who owns or claims a right in said subject property proposed to be acquired
by eminent domain and whose name and address appears on the last Equalized County
Assessment Roll noticed, a reasonable opportunity to be heard in the time, form and manner
required by Section 1245.235 of the Code of Civil Procedure; and
WHEREAS, the Community Redevelopment Agency of the City of Lake Elsinore has
complied with the requirements of Government Code Section 7267.2 in making a fair market
value offer to acquire subject property; and
WHEREAS, at said public hearing, the Boazd of Directors of the Community
Rectevelopment Agency did hear and consider all testimony, written and oral, to the matters
referred to in Section 1240.030 of the Code of Civil Procedure:
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That said subject property be taken by eminent domain is for a public use,
to-wit:
Acquisition of easements related to bridge and street construction, and related mitigation, ,
Hereinafter called "Project"; and
SECTION 3. That the Community Redevelopment Agency of the City of Lake Elsinore
is authorized and empowered to commence eminent domain proceedings to acquire said subject
property pursuant to the eminent domain law, being Title 7, part III of the Code of Civil
Procedure and Section 33391(b) of the Health and Safety Code. _.
SECTION 4. That a descriprion of the general location and extent of said subject
w-~m property to be taken by eminent domain is set forth on Exhibit "A" attachecl hereto and made
a part hereof.
SECTION 5. That the Board of Directors of the Community Redevelopment Agency
does find, determine and declaze as follows:
(a) That, to the extent acquisi6on of said subject property results in a remnant, said
remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the ~
of Civil Procedure• and
(b) That, to the extent that said subject property or interest therein is already
appropriated to a public use, the proposed taldng of the subject property will not unreasonably
interfere with or impair the continuance of said public use as it presenUy exists or may
reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil
Procedure; and
(c) That, to the extent said subject property or interest therein is already appropriated
to a public use, the use proposed herein is a more necessary public use than that use to which
said subject property is presently appropriated, pursuant to Secdon 1240.610 of the Code of
Civil Procedure, or, in the alternaUve, the use proposed herein is a compatible public use which ,
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will not unreasonably interfere with the conrinuance of the existing public use, pursuant to
Section 1240.530(a) of the Code of Civi] Procedure.
SECTION 6. That the Boazd of Directors of the Community Redevelopment
Agency does hereby further find, determine and declaze as follows: ..
(a) That the public interest and necessity requires the project;
r~w:~~ (b) That said Project is planned or located in the manner that will be most compaGble
with the greatest public good and the least private injury; and
(c) That said subject property sought to be acquirecl is necessary for said Project.
SECTION 7. That HARPER & BURNS, attorneys for the Community Redevelopment
Agency of the City of Lake Elsinore, aze hereby authorized and directed to commence an action
in the Superior Court of the State of California, for the County of Riverside, in the name and
on the behalf of the Community Redevelopment Agency of the City of Lake Elsinore, against
those persons who appear on record or who are known to have a claim or interest in said subject
property described in Exhibit "A", for the purpose of acquiring said subject properry by eminent
domun for the public use described herein and to make application of possession of said subject
property prior to Judgment.
SECTION S. That the officers of the Community Redevelopment Agency of the
City of Lake Elsinore are hereby authorized and directed to withdraw necessary sums to deposit
with the Superior Court as the probable compensation that will be awazded in the eminent
domain proceedings to acquire said subject propefty described in Exhibit "A".
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SECTION 9. That the officers of the Community Redevelopment Agency of the
City of Lake Elsinore aze hereby authorized and directed to take any appropriate acrion
consistent with the purposes of this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of sept. ,. 1994, by the
following vote:
~„~~ AYES: AGENCY MEMBERS: ALONGI,
NOES: AGENCY MEMBERS: NONE
ABSENT: AGENCY MEMBERS: VACANT
ABSTENTIONS: AGENCY MEMBERS: NONE
ATTEST:
.KEVIN~._-W: ~-PAPB'r:~ CHAlRMHN:~`
COMMUNITY REDEV ELOPMENT
AGENCY, CITY OF LAKE
ELSINORE
VICKI KASAD, ~~~~i~ OF THE BOARD
THE COMMUNI'd'Y REDEVELOPMENT
AGENCY, ~ITY OF LAKE ELSINORE
APPRQVED AS T ~:
_ ~ li
JOHN R. HARPER, CITY A ORNEY
AND AGENCY COUNS
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BENDER, PAPE, WASHBURN
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 13th day of September, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: VACANT
ABSTAIN: BOARDMEMBERS: NONE
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VICKi `I:ASAD, CITI CL RK
CITY OF 'LAKE R:,3INORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-6 of said Council, and that
the same has not been amended or repealed.
: September 19, 1994
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VICKI SAD, CITI CLERK
CITY G`F :,~KE ELS?NORE
(SEAL)
E~FIiBIT A
LEGAL DESCRIPTION
FOR
HIGHWAY PURPOSES
That portion of Lots 1 through 4, Block 7, as shown by map of Heald's First Addition to Elsinore;
together with a portion of Railroad Avenue (vacated) as shown by map on file in Book 4, Page
205, of maps, in the office of the County Recorder of San Diego County; together with a portion
of Government Lot 2 of the southwest quarter of Section 9, Township 6 South, Range 4 West,
San Bernardino meridian, according to the official plat thereof; together with portions of State
Highway 71 and existing Railroad Canyon Road, also being a portion of Parcel 2 as described in
Certificate of Compliance recorded March 24, 1983, as Instrument No. 55207, records of said
county; the land more particularly described as follows:
Beginning at a point on the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly terminus of that certain
course having a bearing and distance of South 76° 31' 20" West, 34.40 feet, as shown on
State Right-of-Way Map No. 414033, dated 7une 15, 1980, said point also being on a
curve concave southwesterly having a radius of 1,250.00 feet, a radial line to said point
bears North 32° 28' 06" East;
Thence northwesterly along said curved right of way through a central angle of 20° 26'
13 ", an arc distance of 445.87 feet to the True Point of Beginning, a radial line to said
point bears North 12° 02' 12" East;
Thence North 77° 57' 48" West, 188.44 feet to the easterly line of Parcel 2, as shown on
Lot Line Adjustment No. 90-14, recorded May 21, 1993, as Instrument No. 186542;
Thence South 11° 08' 49" lVest, 25.29 feet along easterly line of said Parcel 2;
Thence South 79° 45' 23" East, 151.41 feet;
Thence North 10° 14' 37" East (radially), 20.00 feet to a point on a curve concave
southwesterly having a radius of 1,250.00 feet;
Thence southeasterly along said curve through a central angle of O1° 42' 38", an arc
distance of 37.32 feet to the True Point of Beginning. Bounded area contains 3,473.57
square feet, more or less.
APPRAISAL PARCEL NO: Portion 1-A-2 (t593.80 SF) + Portion i-B-2 (t2,314.OQ SF) +
1-G1 (565.75 SF) `
VESTING: Williams
REVISION DATE: September 22, 1994
client elsinore Id9001 urnwo059i.doc
_ _'._ .
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EXHiBIT A
LEGAL DESCRIPTION
FOR
RIVER CHANNEL IMPROVEMENTS
That portion of Lots 1 through 4, Block 7, as shown by map of Heald's First Addition to Elsinore;
together with a portion of Railroad Avenue (vacated) as shown by map on file in Book 4, Page
205, of maps, in the office of the County Recorder of San Diego County; together with a portion
of Government Lot 2 of the southwest quarter of Section 9, Township 6 South, Range 4 West,
San Bernardino meridian, according to the of~'icial plat thereof; together with portions of State
Highway 71 and existing Railroad Canyon Road, also being a portion of Parcel 2 as described in
Certificate of Compliance recorded March 24, 1983, as Instnzment No. 55207, records of said
county; the land more particularly described as follows:
Beginning at a point on the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly terminus of that certain
course having a bearing and distance of South 76° 31' 20" West, 34.40 feet, as shown on
State Right-of-Way Map No. 414033, dated June 15, 1980, said point also being on a
curve concave southwesterly having a radius of 1,250.00 feet, a radial line to said point
bears North 32° 28' 06" East;
Thence northwesterly along said curved right of way through a central angle of 20° 25'
54", an arc distance of 445.75 feet, a radial line to said point bears North 12° 02' 12" East;
Thence North 77° 57' 48" East, 91.45 feet to the True Point of Beginning;
Thence North OS° 12' S9" East, 16.93 feet;
Thence North 57° 08' 40" West, 44.97 feet to a point on a curve, concave to northwest,
having a radius of 910.00 feet and the radial bearing to that point bein~ South 74° 02' 15"
East;
Thence northeasterly alon~ said curve through a central angle of 02° 32' 12", an arc
distance of 40.29 feet to the intersection of a line;
Thence North 77° 57' 48" West, 55.98 feet to the easterly line of Parcel 2 as shown on
Lot Line Adjustment No. 90-14, recorded May 21, 1992, as Instrument No. 186542;
Thence South 11° 08' 49" West along easterly line of said Parcel 2, 73.00 feet;
Thence South 77° 57' 48" West, 96.99 feet to the True Point of Beginning. Bounded area
contains 5,011.52 square feet, more or less.
APPRAISAL PARCBL NO: Portion 1-B-2 (5,011.52 SF)
VESTING: Williams
REVISION DATE: September 22, 1994
client elsina'eV89001 ~smwro089J.doc
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EXFIiBIT A
LEGAL DESCRIPTION
FOR
CONSTRUCTION EASEMENT
That portion of Lots 1 through 4, Block 7, as shown by map of Heald's First Addition to Elsinore;
together with a portion of Railroad Avenue (vacated) as shown by map on file in Book 4, Page
205, of maps, in the office of the County Recorder of San Diego County; together with a portion
of Government Lot 2 of the southwest quarter of Section 9, Township 6 South, Range 4 West,
San Bernardino meridian, according to the official plat thereof, together with portions of State
Highway 71 and existing Railroad Canyon Road, also being a portion of Parcel 2 as described in
Certificate of Compliance recorded March 24, 1983, as Instrument No. 55207, records of said
county; the land more particularly described as follows:
Beginning at a point on the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly terminus of that certain
course having a bearing and distance of South 76° 31' 20" West, 34.40 feet, as shown on
State Right-of-Way Map No. 414033, dated 7une 15, 1980, said point also being on a
curve concave southwesterly having a radius of 1,250.00 feet, a radial line to said point
bears North 32° 28' 06" East;
Thence northwesterly along said curved right of way through a central angle of 20° 26'
13", an arc distance of 445.87 feet, a radial line to said point bears North 12° 02' 12" East;
Thence North 77° 57' 48" East, 188.44 feet to the easterly line of Parcel 2, as shown on
Lot Line Adjustment No. 90-14, recorded May 21, 1993, as Instrument No. 186542, said
point being the True Point of Beginning;
Thence North 1 I° OS' 49" East, 294.74 feet along easterly line of said Parcel 2;
Thence South 79° 45' 23" East, 80.00 feet;
Thence South 10° 14' 37" East, 230.37 feet;
Thence South 14° 16' 30" West, 73.05 feet;
Thence North 77° 57' 48" East, 125.41 feet to the True Point of Beginning. "
APPRAISAL PARCEL NO: 1-D-1 (23,376 SF)
VE5TING: Williams
REVISION DATE: September 22, 1994
cLenl~elsinorel/89001 ivna'o1094.doc
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E~HIBIT B
LEGAL DESCRIPTION
FOR
SANITARY SEWER FACILITIES
That portion of Lots 1 through 4, Block 7, as shown by map of Heald's First Addition to Elsinore;
together with a portion of Railroad Avenue (vacated) as shown by map on file in Book 4, Page
205, of maps, in the office of the County Recorder of San Diego County; together with a portion
of Govemment Lot 2 of the southwest quarter of Section 9, Township 6 South, Range 4 West,
San Bernardino meridian, according to the official plat thereof; together with portions of State
Highway 71 and e~cisting Railroad Canyon Road, also being a portion of Parcel 2 as described in
Certificate of Compliance recorded March 24, 1983, as Instrument No. 55207, records of said
county; the land more particularly described as follows:
Beginning at a point on the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly terminus of that certain
course having a bearing and distance of South 76° 31' 20" West, 34.40 feet, as shown on
State Right-of-Way Map No. 414033, dated June 15, 1980, said point also being on a
curve concave southwesterly having a radius of 1,250.00 feet, a radial line to said point
bears North 32° 28' 06" East;
Thence northwesterly along said curved right of way through a central angle of 20° 25'
54", an arc distance of 445.75 feet, a radial line to said point bears North 12° 02' 12" East;
Thence North 77° 57' 48" West, 63.03 feet to the True Point of Beginning;
Thence North 77° 57' 48" West, 28.42 feet;
Thence North OS° 12' S9" East, 16.93 feet;
Thence North 57° 08' 40" West, 44.97 feet to a point on a curve, concave to northwest
having a radius of 910.00 feet, a radial line to said point bears South 74° 02' 15" East;
Thence northeasterly along said curve through a central angle of 02° 32' 12", an arc
distance of 40.29 feet to the intersection of a line;
Thence South 77° 57' 48" East, 73.40 feet;
Thence South 14° 14' 06" West, 73.09 feet to the True Point of Beginning. Bounded area
contains 4,291.85 square feet, more or less.
APPRAISAL PARCEL I~'O: Por[ion 1-B-2 (t861.60 SF) + 1-A-1 (1,838.46 SF) + portion
1-A-2 (t1,591.80 SF)
VESTING: Williams
REVISION DATE: September 22, 1994
dienPe(sinore'J89001 ~srnwo0994.doc
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PROJECT PARCEL No 1
FIGUHE B
RFSOLUTION NO. RDA 94-7
' A RESOLUTION OF THE BOARD OF DIItECTORS OF THE
~~~ COMMLJNITY REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, RIVERSIDE COUNTY,
CALIFORDTIA, DFSCRIBING A CERTAIN PROJECT;
MAKING A STATEMENT OF THE PYTBLIC USE FOR
WHICH CERTAIN PROPERTIFS ARE TO 8E TAKEN AND
REFERENCE TO STATUTORY AUTHORITY TO ACQUIItE
SAID PROPERTY BY ~MINENT DOMAIN; DESCRIBING
THE GENERAL LOCATION AND EXTENT OF SAID
PROPERTY TO BE TAKEN; DECLARING FINDINGS AND
DETERMINATIONS ON TFIE PUBLIC INTEREST AND
NECESSITY FOR SAID PROPERTY; AUTHORIZING AND
DIIiECTING EMINENT DOMAIN I'ROCEEDINGS TO BE
COMMENCED IN SUPERIOR COURT TO ACQUIItE SA~.I
PROPERTY INCLUDING APPLICATION FOR POSSESSION
OF SAID PROPERTY PRIOR TO NDGMENT; AND
MAKING OTHER DETERMINATIONS
WHEREAS, the Community Redevelopment Agency of the City of Lake Elsinore is a
public entity organized and existing pursuant to the laws of the State of California; and
WHEREAS, the Board of Directors of the Community Redevelopment Agency of the
City of Lake Elsinore intends to undertake a certain project for public purposes; and
WHEREAS, in order to accomplish said project, the Board of Directors of the
Community Redevelopment Agency believes that it is necessary to acquire by eminent domain
certain property, hereinafter collectively called "Subject Property"; and -~
WHEREAS, pursuant to Section 1245.235 of the ('ode of Civil Procedure, the Board
of Directors of the Community Redevelopment Agency has fixed a time and place for the public
hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure; and
WHEREAS, the Boazd of Directors of the Community Redevelopme. pt_Agency has
given each person who owns or claims a right in said subject property proposed to be acquired
by eminent domain and whose name and address appears on the last Equalized County
Assessment Roll noticed, a reasonable opportunity to be heard in the time, form and manner
required by Section 1245.235 of the Code of Civil Procedure; and
WHEREAS, the Community Redevelopment Agency of the City of Lake Elsinore has
complied with the requirements of Government Code Secdon 7267.2 in maldng a fair market
value offer to acquire subject property; and
WHEREAS, at said public hearing, the Board of Directors of the Community
Redevelopment Agency did hear and consider all testimony, written and orai, to the matters
referred to in Section 1240.030 of the C9de of Civil Procedure:
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the above recitals aze true and conect.
SECTION 2. That said subject property be taken by eminent domain is for a public use,
to-wit:
Acquisidon of easements related to bridge and sueet construction, and related mitiga6on, __
Hereinafter called "Project"; and
~:CTION 3. That the Community Redevelopment Agency of the City of Lake Elsinore
`"f ' and empowered to commence eminent domain proceedings to acquire said subject
.~y pursuant to the eminent domain law, being Title 7, part III of the Code of Civil
Procedure and Section 33391(b) of the Health and Safety Code, _.
SECTION 4. That a descrip6on of the general loca6on and extent of said subject
:~, property to be taken by eminent domain is set forth on Exhibit "A" attached hereto and made
a part hereof.
SECTION 5. That the Board of Directors of the Community Redevelopment Agency
does find, determine and declare as follows:
(a) That, to the extent acquisition of said subject property results in a remnant, said
remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code
of Civil Procedure: and
(b) That, to the extent that said subject property or interest therein is already
appropriated to a public use, the proposed taking of the subject property will not unreasonably
interfere with or impair the con6nuance of said public use as it presendy exists or may
reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil
Procedure; and
(c) That, to the extent said subject property or interest therein is already appropriated
to a public use, the use proposed herein is a more necessary public use than that use to which
said subject property is presently appropriated, pursuant to Section 1240.610 of the Code of
Civil Procedure, or, in the alternative, the use proposed herein is a compatible public use which _,
3
will not unreasonably interfere with the continuance of the existing public use, pursuant to
Section 1240.530(a) of the Code of Civil Procedure.
SECTION 6. That the Board of Directors of the Community Redevetopment
~~~
Agency does hereby further find, determine and declare as follows: _
(a) That the public interest and necessity requires the project;
(b) That said Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and
(c) That said subject property sought to be acquired is necessary for said Project.
SECTION 7. That HARPER & BURNS, attorneys for the Community Redevelopment
Agency of the City of Lake Elsinore, are hereby authorized and directed to commence an action
in the Superior Court of the State of California, for the County of Riverside, in the name and
on the behalf of the Community Redevelopment Agency of the City of Lake Elsinore, against
those persons who appear on record or who are known to have a claim or interest in said subject
property described in Exhibit "A", for the purpose of acquiring said subject property by eminent
domain for the public use described herein and to make application of possession of said subject
property prior to Judgment.
SECTION 8. That the officers of the Community Redevelopment Qgency of the
City of Lake Elsinore are hereby authorized and directed to withdraw necessary sums to deposit
with the Superior Court as the probable compensation that will be awazded in the eminent
domain proceedings to acquire said subject property described in Exhibit "A".
4
SECTION 9. That the officers of the Community Redevelopment Agency of the
City of Lake Elsinore aze hereby authorized and directed to take any appropriate action
consistent with the purposes of [his Resolution.
PASSED, APPROVED AND ADOPTED this 13th ~y of Sept. ,_ 1994, by the
following vote:
~. AYES: BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOFS: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: VACANT
ABSTENTIONS: BOARDMEMBERS: NONE / ~
ATTEST:
.,
VICKI KASAD,-.:r_CLEkEK OF THE BOARD
THE COMMUI~?i1 Y REDEVELOPMENT
AGENCY, t;ITY OF LAKE ELSINORE
APPROVED AS T RM:
~
JOHN R. HARPER, CITY A ORNEY
AND AGENCY COUNSE
W._PAP4f, CHAIRMAN
AGENCY, CITY OF LAKE
ELSINORE
5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 13th day of September, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI~ BENDER, PAPE, WASHBURN
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: VACANT
S?OARDMEMBERS: NONE
e , ,~
CITY OF LAKi' ELSINORE
( SE1~L)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-7 of said Council, and that
the same has not been amended or repealed.
September 19, 1994
~ ~~i--~
VICK1 KASAD, CITY CLERK
CITY OF LAKE ;:L:;INORE
( s~r~~
E7CAIBIT A
LEG:~L DESCRIPTION
FOR
RIVER CHANNEL IrSPROVEn4ENTS
That portion of land from Parcel 1 of Certificate of Compliance recorded March 24, 1983,
as Instrument No. 55207 of official records, County of Riverside, more particularly
described as follows:
Beginning at a point in the existing noRheasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly ternunus of that
certain course having a bearing and distance of South 76° 31' 20" West, 34.40 feet,
as shown on State Right-of-Way Map No. 414033 dated June 15, 1980, said point
also being in a curve concave southwesterly having a radius of 1,250.00 feet, a
radial line to said point bears North 32° 19' 48" East;
Thence northwesterly along said curved northerly right of way through a central
angle of 20° 26' 13", and arc distance of 445.86 feet to the end of said curve, a
radial line to said point bears North 12° 02' 12" East;
Thence NoRh 77° 57' 48" West, 188.45 feet to the easterly line of said Parcel 1
and the True Point of Beginning;
Thence North 77° 57' 48" West, 251.49 feet;
Thence North 19° 13' 29" East, 18.92 feet to the beginning of a curve concave
northwesterly having a radius of 610.00 feet, a radial line to said point bears North
70° 46' 31" West;
Thence northeasterly along said curve through a central angle of OS° 06' 42", an
arc distance of 54.42 feet to the intersection point of a line;
Thence South 77° 57' 48" East, 243.60 feet to the easterly line of said Parcel 1;
Thence South 11° 08' 49" West, 73.00 feet along last said easterly line to the True
Point of Beginning. Bounded area contains 18,024.90 square feet, more or less.
APPRAISAL PARCEL NO: Portion 2-A-2 (18,024.90 SF)
VESTING: Williams and Hasson
REVISIOI~' DATE: September 22, 1994
"
clienflelsinore Id9001 smwoL9l.doc
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E7~HIBIT A
LEGAL DESCRIPTION
FOR
EASEMENT FOR UNDERGROUND UTILITY PURPOSES
Being a portion of the southwest 1/4 of Section 9, of Township 6 South, Range 4 West,
San Bernardino Base & Meridian, County of Riverside, State of California, described as
follows:
Beginning at the easterly terminus of that certain course described as, "Thence
South 79° 50' 40" East, 301.78 feet," of Parcel B of easement deed conveyed to
Elsinore Valley Municipal Water District on December 20, 1990, as Instrument
No. 459415 of Oft'icial Records, County of Riverside;
Thence North 79° 45' 23" East along said course 50.00 feet;
Thence North 77° O1' 16" East, 9530 feet to the northeasterly terminus of that
certain course described as, "North 55° 09' 20" East, 53.14 feet";
Thence southwesterly along last said course 53.14 feet to the Point of Beginning
APPRAISAL PARCEL NO: 2-B-1 (939.39 SF)
VESTING: Williams and Hasson
REVISION DATE: September 22, 1994
clienre(sinoreV 890011smwa139~. doc
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E7~HiBIT A
LEGAL DESCRIPTION
FOR
HIGHWAY PURPOSES
That portipn of land from Parcel 1 of Certificate of Compliance recorded March 24, 1983,
as Instrument No. 55207 of official records, County of Riverside, more particularly
described as follows:
Beginning at a point in the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly ternunus of that
certain course having a bearing and distance of South 76° 31' 20" West, 34.40 feet,
as shown on State Right-of-Way Map No. 414033 dated June 15, 1980, said point
also being in a curve concave southwesterly having a radius of 1,250.00 feet, a
radial line to said point bears NoRh 32° 19' 48" East;
Thence northwesterly along said curved northerly right of way through a central
angle of 20° 26' 13", and arc distance of 445.86 feet to the end of said curve, a
radial line to said point bears North 12° 02' 12" East;
Thence North 77° 57' 48" West, 188.45 feet to the easterly line of said Parcel 1
and the True Point of Beginning;
Thence North 77° 57' 48" West, 273.38 feet to the beginning of a curve concave
to the southwest having a radius of 12,550.00 feet, a radial line to said point bears
North 12° 02' 12" east;
Thence northwesterly along said curved northerly right of way, through a central
angle of O1° 24' S0", an arc distance 309.70 feet to the easterly line of that parcel
of land conveyed to the City of Lake Elsinore by deed recorded May 17, 1983, as
Instrument No. 96444 of official records, County of Riverside;
Thence southwesterly along last said easterly line, 39.72 feet to the southwest
corner of last said parcel;
Thence South 79° 45' 23" East, 349.94 feet;
Thence North 10° 14' 37" East, 20.00 feet;
Thence South 79° 45' 23" East, 232.86 feet to the easterly line of Parcel 1;
Thence northeasterly along said easterly line of Parcel 1, 530 feet to the True
Point of Beginning. Bounded area contains 15,008.73 square feet, more or less.
APPRAISAL PARCEL NO: 2-C-1 (12,232.41 SF) + Portion 2-A-2 (2,776.32 SF)
VESTING: Williams and Hasson
REVISION DATE: September 22, ]994
clienr elsina'eV 890011smw~o0694.doc
.._. ..__ ___~.,,,.... . . _.
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EXHIBIT A
LEGAL DESCRIPTION
FOR
CONSTRUCTION EASEMENT
That portion of land from Parcel 1 of Certificate of Compliance recorded March 24, 1983,
as Instrument No. 55207 of official records, County of Riverside, more particularly
described as follows:
Beginning at a point in the existing northeasterly right-of-way line of Mission Trail
(Lakeshore Drive), 100 feet wide, said point being the westerly ternunus of that
certain course having a bearing and distance of South 76° 31' 20" West, 34.40 feet,
as shown on State Right-of-Way Map No. 414033 dated June 15, 1980, said point
also being in a curve concave southwesterly having a radius of 1,250.00 feet, a
radial line to said point bears North 32° 19' 48" East;
Thence northwesterly along said curved northerly right of way through a central
angle of 20° 26' 13", and arc distance of 445.86 feet to the end of said curve, a
radial line to said point bears North 12° 02' 12" East;
Thence North 77° 57' 48" West, 188.45 feet to the easterly line of said Parcel 1
and the True Point of Beginning;
Thence North 77° 57' 48" West, 273.38 feet to the beginning of a curve concave
to the southwest having a radius of 12,550.00 feet, a radial line to said point bears
North 12° 02' 12" east;
Thence northwesterly along said curved northerly right of way, through a central
angle of O1° 24' S0", an arc distance 309.70 feet to the easterly line of that parcel
of land conveyed to the City of Lake Elsinore by deed recorded May 17, 1983, as
Instrument No. 96444 of official records, County of Riverside;
Thence northeasterly 40.28 feet along said easterly line to the noRheast corner of
said City of Lake Elsinore parcel;
Thence South 79° 45' 23" East, 90.00 feet;
Thence North 19° 13' 29" East, 242.97 feet;
Thence South 79° 45' 23" East, 460.10 feet to the easterly line of said Parcel 1;
Thence South I1° 08' 49" West, 294.74 feet alon~ last said easterly line to the
True Point of Beginning.
APPRAISAL PARCEL I~~O: 2-D-I (123,691 SF)
VESTING: Williams and Hasson
REVISION DATE: September 22, 1994
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RFSOLUTION NO. RDA 9 4- 8
A RESOLUTION OF THE BOARD OF DIItECTORS OF THE
`~` COMMUIVITY REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, RIVERSIDE COUNTY,
CALIFOIiNIA, DFSCRIBING A CERTAIN PROJECT;
MAKIlVG A STATEMENT OF THE PUBLIC USE FOR
WHICH CERTAIN PROPERTIES ARE TO BE TAKEN AND
REFERENCE TO STATUTORY AUTHORITY TO ACQUIItE
SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING
THE GENERAL LOCATION AND EXTENT OF SAID
PROPERTY TO BE TAKEN; DECLARING FINDINGS AND
DETERMINATIONS ON THE PUBLIC INTEREST AND
NECESSITI' FOR SAID PROPERTY; AUTHORIZING AND
DII2ECTING EMINEA'T DOMAIN PROCEEDINGS TO BE
COMIVVIENCED IN SUPERIOR COURT TO ACQUIItE SAID
PROPERTY INCLUDING APPLICATION FOR POSSESSION
OF SAID PROPERTY PRIOR TO JUDGMENT; AND
MAKING OTHER DETERNIIPTATIONS
WHEREAS, the Community Redevelopment Agency of the City of Lake Elsinore is a
public endty organized and existing pursuant to the laws of the State of California; and
WHEREAS, the Boazd of Directors of the Community Redevelopment Agency of the
City of Lake Elsinore intends to undertake a certain project for public purposes; and
WHEREAS, in order to accomplish said project, the Board of Directors of the
Community Redevelopment Agency believes that it is necessary to acquire by eminent domain
certain property, hereinafter collectively called "Subject Property"; and
WHER~AS, pursuant to Section 1245.235 of the Code of Civil Procedure, the Boazd of
Directors of the Community Redevelopment Agency has fixed a time and place for the public
hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure; and
WFIEREAS, the Boazd of Directors of the Community Redevelopment Agency has given
each person who owns or claims a right in said subject property proposed to be acquired by
- eminent domain and whose name and address appears on the last Equalized County Assessment
. _~r
Roll noticed, a reasonable opportunity to be heard in the time, form and manner required by
Section 1245.235 of the Code of Civil Procedure; and
WHEREAS, the Community Redevelopment Agency of the City of I.ake Elsinore has
complied with the requirements of Government Code Secdon 7267.2 in maldng a fair mazket
value offer to acquire subject property; and
WHEREAS, at said public hearing, fhe Board of Directors of the Community
Redevelopment Agency did hear and consider all testimony, written and oral, to the matters
refened to in Section 1240.030 of the Code of Civil Procedure:
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the above recitals aze true and correct.
SECTION 2. That said subject property be taken by eminent domain is for a public use,
to-wit:
Acquisition of easements related to the construction of the San Jacinto River Flood --
Control Channel, hereinafter called "Project".
Hereinafter called "Project"; and
SECTION 3. That the Community Redevelopment Agency of the City of Lake Elsinore
is aufhorized and empowered to commence eminent domain proceedings to acquire said subject
property pursuant to the eminent domain law, being Title 7, par[ III of the Code of Civil
Procedure and Section 33391(b) of the Health and Safety Co.de. __ _
SECTION 4. That a description of the general location and extent of said subject
~,. property to be taken by eminent domain is set forth on Exhibit "A" attached hereto and made
a part hereof.
SECTION 5. That the Board of Directors of the Community Redevelopment Agency
does find, determine and declaze as follows:
(a) That, to the extent acquisition of said subject property results in a remnant, said
remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code
of Civil Procedure: and
(b) That, to the extent that said subject property or interest therein is already
appropriated to a public use, the proposed taking of the subject property will not unreasonably
interfere with or impair the continuance of said public use as it presenfly exists or may
reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil
Procedure; and
(c) That, to the extent said subject property or interest therein is already appropriated
to a public use, the use proposed herein is a more necessary public use than that use to which
said subject property is presently appropriated, pursuant to Section 1240.610 of the Code of
Civil Procedure, or, in the alternadve, the use proposed herein is a compatible public use which ,_
3
will not unreasonably interfere with the continuance of the existing public use, pursuant to
Section 1240.530(a) of the Cnde of Civil Procedure.
SECTION 6. That the Board of Directors of the Community Redevelopment
~~r
Agency does hereby further find, determine and declaze as follows: --
(a) That the public interest and necessity requires the project;
(b) That said Project is planned or located in the manner that will be most compafible
with the greatest public good and the least private injury; and
(c) That said subject property sought to be acquired is necessary for said Project.
SECTION 7. That HARPER & BURNS, attorneys for the Community Redevelopment
Agency of the City of Lake Elsinore, are hereby authorized and directed to commence an action
in the Superior Court of the State of Califomia, for the County of Riverside, in the name and
on the behalf of the Community Redevelopment Agency of the City of Lake Elsinore, against
those persons who appear on record or who aze known to have a claim or interest in said subject
property described in Exhibit "A", for the purpose of acquiring said subject property by eminent
domain for the public use described herein and to make application of possession of said subject
property prior to Judgment.
SECTION 8. That the officers of the Community Redevelopment t~gency of the
City of Lake Elsinore are hereby authorized and directed to withdraw necessary sums to deposit
with the Superior Court as the probable compensation that will be awarded in the eminent
domain proceedings to acquire said subject property described in Exhibit "A".
4
SECTION 9. That the officers of the Community Redevelopment Agency of the
City of Lake Elsinore are hereby authorized and directed to take any appropriate action
consistent with the purposes of this ResoluGon.
PASSED, APPROVED AND ADOPTED this 13th day of Sept. , 1994, by the
following vote:
~r AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
~ ~ ~~
VFCKI KASAD, .~~g?~ OF THE BOARD
THE CG~MMiTNI'Pi~ REDEVELOPMENT
AGENC _', CIT1' OF LAKE ELSINORE
AS
JOHN R. HARF
AND AGENCY
BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
BOARDMEMBERS: NONE
BOARDMEMBERS: VACANT
BOARDMEMBERS: NONE ~ ~
KE IN W. PAPE,-UCHAIRMANT
C MMUNTTYREDEVELOPMEN7
AGENCY, CITY OF LAKE
ELSINORE
5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 13th day of September, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, PAPE, WASHBURN
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: VACANT
ABSTAIN: BOARDMEMBERS: NONE
~~- _~ n~~ ~
1~,~
VICKI KASA , C.T.TY CLERK
CITY OF ~E ELSTNORE
{SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-8 of said Council, and that
the same has not been amended or repealed.
September 19, 1994
<
VICK.T. KASAD, CITk. CLE
CITY OF LAKE ET,SSNORE
( SE.?~L)
d
.~1-J3l~~•r ~
LCGAL AESCkt1P7'IQN
FOR
It1VER CHANN~I. iMPROVEM~:NTS
Th2t portion of the southeasterly half of Lot 1 in Block "H" oP tharosubdivision oF-81ock "D," in
6, page 2 6 ofMxps,r co ds o£Stn Diego~Co nty~ Ga! foarniardescribedras foltowsrd~ in Book
:~~r
Beginning at the northeriy corner of the southeasterly half o£said l.~t 1; ,
Theece South 79° 45' 23" East, 510.00 feet along the southeriy right-of-way line of
Mission Trails Road, 60,00 fcet wide,
Thence South 24° 12' S:t" West, 14.A3 Fact along thc southeasterly lii~c ~f said Lot I to
thc't'cue Point of Be~~nning;
'Chence South 24° 12' S3' West, 1,345A9 fcet u~ a point on tlsc southeasterly lioe of said
Lot i, said point being 243.40 feet from thc westeriy corner of the southeasterTy half of
Lot 1;
7'hence North 79° 43' 47" West, 143 38 f~ot alang the southwextcriy lir.e oFsaid Lot 1;
'Chence North 25° 34' 22" Easi, 153.G2 feet;
'Thence North l9° 13' 29" East, 912.62 fcct;
Thence NoRh l5° 44' S5" East, 225.07 feet;
Thence North 30° 15' S5" ~Vest, 53.75 feet to a point on thc soutllerly right of way of
Lakesho[e Drive, 100 fett wide, said line being on a curve concave southwester{y having a
radius of 12,450.00 fzet, a radial line to said point bears North I 1° 49' 36" East;
7'hencc southcasterSy along said curvc ~hrnu~h T ~~~»~~~~ ~nS~~ ~~~ ~~ ~Z~ 38", an arc
distance of 45.74 fcmt [o ti~e end of said curve, a radiaf Iina io said point bears North l2°
02' 12" East:
Thcnce South 97° 57' 48" East, 252 SS feet xlong last said southerly ri~ht of way to the
True Poinl of Beginning.
APPRAISAL PARCCt. NO: 4•A-1 (247,013 SF) ~ __
~JESTII~G: Sportsman's Lodge
DATC )une 20, 1994
dintv/a~nora~187~G! L•M~119I.Co~
EX H__r__,1 B IT~i
L~:GA[: D~SCttl~'TION
FdR
WIGHWAY PURPOSGS
That portion of the southeasYerty half of Lot 1 in Biock "H" of the resubdivision of Block "]7," in
the City of Lake Elsinore, County af Riverside, 5tate of California, as per map recordod in Book
6, page 296, of Maps, records of San Diego County, Ca!ifornia, described as follows;
Beginning at the northerly corner of the southcasterly hatf oF said Lol 1, said point bei~g
the True Point of Beginning;
Thence South 79° 45' 23" East, 57Q.00 feet along tiie southerly right-of way line of
Mission 7'raits Road, 60.00 feet wide;
ThenCe S~uth 24° 12' S3" West, 1A.43 feet nlong the soutlteasterly linc of said Lot t to
the southerly right of way af Lakeshore Drive, 100 feet wide;
'fhence Nprth 77° 57' 48" West, 252.58 teet atpn~ saici right of wt~y to the beginning of a
curve concave to the southwest having T radius of 12,420 0o feet, e radiai line to said
point bears North 12° 02' 12" ~as~;
Thence northwesterly alon~ said eurve through a central a»gle aF 01° 2G' 45", an arc
distance of 314.13 feet to the intersection of the nonhwesterly line of Lot i, a rsdia! line
to said intersectiott point bears North 10° 35' 27" Lasr,
Thence North l0° 18' S2" East, 0.23 feet aiong the northwesterly line of said Lot 1 to the
True Point of $egirning.
APPItAISAL PARCE[. NO: 4-A-2 (2,807 SP) + 4-Fi-i (539 Si~)
V~STING: Sportsman's Lodge
DATE: Iune 20, 1994
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RESOLUTION NO. RDA 94-9
A RESOLIITION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LARE ELSINORE, CALIFORNIA~
AIITIIORIZINQ AN AMENDMENT TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT APPROVED BY THE
REDEVELOPMENT AGENCY BOARD ON MARCH 25~ 1993~
RELATING THERETO.
WHEREAB, the Redevelopment Agency of the City of Lake
Elsinore and Camelot Property Counselors, Inc. entered into a
Disposition and Development Agreement on March 25, 1993; and
WBEREAB, Camelot Property Counselors, Inc. has requested
an amendment to the Disposition and Development Agreement; and
WHEREAB, The Amendments requested are as follows:
1) Delete the stand alone commercial facility as
originally proposed.
2) Approve the addition of 8,750 square feet of two
theaters and put 3,500 feet of commercial within
the theater facility by August 30, 1995.
3) Increase of $700,000 or 60~, whichever is less.
4) Extend the completion date of the Phase 2 project
for one year to December 31, 1996.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the
Redevelopment Agency of the City of Lake Elsinore as follows:
1) Approve the Amendment to the Disposition and
Development Agreement as requested.
PASSED, APPROVED AND ADOPTED this 8th day of November,
1994, by the following vote:
AYES: BOARDMEMBERB:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERB:
ABSTAIN: BOARDMEMBERS:
BENDER, BRINLEY~ PAPE, WASriBURN
ALONGI
NONE
NONE
~~ ~ ~~~~.
W. PAPE ~CHAIRMAN
ILOPMENT AGENCY
AT ST:
VICKT 1tAS ~~LE R OF THE BOARD
REDEVELOPMEDT'P .AGENCY
APPROYED AS TO FORM @ LEGALITY:
`~~ `~
JOHN R. $AR ER~ AL COLTNSEL
REDEVELOPMENT A CY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I~ VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 8th day of November, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMII~4BERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES: BOARDMEMBERS: ALONGI
ABSENT: BOARDMEI~'IBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
( /',-~/1
V C~F' ~D, CIT~i CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-9 of said Council, and that
the same has not been amended or repealed.
DATED: N~vember 22, 1994
~9~2~--!(^J' `,-'~`.bV:~-e/ 1
VICKI .K.'~SAD, CIT`l CLERK
CITY OF LAKE ELaINORE
~S 'E,A:~~
RESOLUTION NO. RDA 94~~
A RESOLUTIG'N OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE APPROVING ASSIGNMENT BY THE LAKE ELSINORE PUBLIC
FINANCING AUTHORTTY OF CERTAIN SPECiAL TAX BONDS OF THE AGENCY
AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO
REDEVELOPMENT AGENCY OR THE CTTY OF LAKE ELSINORE COMMUNTTY
FAQLIT'Y DISTTiICT NO. 90-2
('TUSCANY HILLS PUBLIC IMPROVEMIIVTS)
1990 SPECIAL TAX BONDS
WHEREAS, the City of Lake Elsinore (the "City") and the Redevelopment Agency of the
City of L,ake Elsinore (the "Agency") have heretofore entered into a Joint Exercise of Powers
Agreement, establishing the Lake Elsinore Public Financing Authority (the "Authority") for the
purpose of issuing its bonds, notes and other obligaHons, to be used to provide financing for
public capital improvements of the City and the Agency;
WHEREAS, the Authority has for such purpose heretofore authorized the issuance of
bonds pursuant to an Indenture of Trust (the "Master Indenture"), dated as of February 1,
1990, by and between the Authority and The Bank of New York Trust Company of Califomia
in the maxunum principal amount of not to exceed $500,000,000 (the "Bonds"), the Bonds to
be issued in series &om rime to time pursuant to supplemental indentures;
WHEREAS, pursuant to the Master Indenture, the Authority has heretofore approved
three supplemental indentures;
WHEKEAS, in order to provide for the financing of additional public capital
unprovements of benefit to the City and to refund, in advance, the Authority's outstanding
1990 Local Agency Revenue Bonds, Series B, issued in the original principal amount of
$15,700,000 (the "Prior Bonds"), the Authority now proposes to enter into a fourth
supplemental indenture to provide for the issuance of its 1990 Local Obligation Revenue Bonds,
Series D(the "Series D Bonds"), and a fifth supplemental indenture to provide for the issuance
of its 1990 Local Obligation Revenue Bonds, Series E(the "Series E Bonds");
WHEREAS, the Agency has heretofore issued its Redevelopment Agency of the City of
Lake Elsinore Community Facility No. 90-2 (Tuscany Hills Public Improvements) 1990 Special
Tax Bonds (the "Special Tax Bonds");
WHEREAS, the Authority purchased the Special Tax Bonds with a portion of the
proceeds of the Prior Bonds and the Authority pledged and assigned the Special Tax Bonds for
the payment and security of the Prior Bonds;
WHEIiEt15, upon the refunding of the I'rior Bonds, the Authority will pledge and assign
the Special Tax Bonds for the payment and security of the Series D Bonds and the Series E
Bonds; and -
WHEItEAS, the Authority desires that the Agency consent to such pledge and
assignment;
NOW, THEREFOKE, be it resolved by the Redevelopment Agency or the City of Lake
Elsinore as follows:.
Section 1. Consent to Pledge and Assignment. The Agency hereby consents to the
pledge and assignment of the Special Tax Bonds for payment and security of the Series D
Bonds and the Series E Bonds.
Section 2. Official Actions. The Chairman, the Vice-Chairman, the Treasurer, the
Secretary, the Agency General Counsel and any and all other officers of the Agency aze hereby
authorized and directed, for and in the name and on behalf of the Agency, to do any and all
things and take any and all actions, including execution and delivery of any and all certificates,
agreements, notices, consents, instruments of conveyance, and other documents, which they, or
any of them, may deem necessary or advisable in order to consummate the lawful pledge and
assignment of the Special Tax Bonds, the refunding of the Prior Bonds and the issuance, sale
and delivery of the Series D Bonds and the Series E Bonds.
Section 3. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED AND ADOPTED this 22nd of November 1994.
AYES: '$OARDMEMBERS: ALONGI, BENDER, BRINLEY, WASHBURNfy P62E
NOES: BOARDMEi~1BERS : NONE
ABSENT: ~ ~36HRDMEMBERS c NONE
[SEAL]
APPROVED AS TO FORM AND
LEGALTfY:
~~~ ~
John R. Harp
General Couns
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 22nd day of November, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAZN: BOARDMEMBERS: NONE
~ " ~
VICKI ':..':: D, C 7'Y CLERK
CITY OF LAKF. EI~SINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-10 of said Council, and that
the same has not been amended or repealed.
DATED: November 22, 1994
V~
CKI 'C1iAD~ CI."Y CLERK
CITY OF LAKF. EI:3INORE
(SEAL)
RESOLLI'I`ION NO. RDA 94- . i 1
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CTl'Y OF LAKE
ELSINORE AUTHORIZING AND DIRECTING THE EXECUTION OF THREE
SEPARATE LOAN AGREEMENTS RELATING TO THE ISSUANCE OF
CERTAIN BONDS BY THE LAKE ELSINORE PUBLIC FINANCING
AUTHORITY, APPROVING OFFIQAL STATEMENT RELATING TO
SUCH BONDS, CONFIRMING CERTAIN FINDINGS OF BENEFIT AND
AUTHORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING
THERETO
WHEREAS, the City of Lake Elsinore (the "City") and the Redevelopment Agency of the
City of Lake Elsinore (the "Agency") have heretofore entered into a Joint Exercise of Powers
Agreement dated as of July 25, 1989, establishing the Lake Elsinore Public Financing Authority
(the "Authority") for the purpose of issuing its bonds, notes and other obligations to be used to
provide financial assistance to the City and the Agency;
WHEREAS, the Authority proposes to issue two separate issues of bonds, namely, its
1994 Series A Tax Allocation Revenue Bonds (Lake Elsinore Redevelopment Projects) (the
"Series A Bonds") and its 1994 Series B Subordinate Tax Allocation Revenue Bonds (Lake
Elsinore Redevelopment Projects) (the "Series B Bonds") (the Series A Bonds and the Series B
Bonds being herein together referred to as the "Bonds") for the purpose of providing funds to
make three separate loans in the combined principal amount of not to exceed $35,000,000 (the
"Loans") to the Agency pursuant to the loan agreements hereinafter described (the "Loan
Agreements") to finance and refinance various redevelopment activities of the Agency, the form
of such Loan Agreements being on file with the Secretary;
WHEREAS, the Bonds will be repaid from, and secured by, payments to be made to the
Authority by the Agency pursuant to the Loan Agreements;
WHEREAS, the Authority has sold the Bonds to First California Capital Markets
Group, Inc. (the "Underwriter") for offer and sale by the Underwriter to members of the general
public, and in connection with the offering of the Bonds, the Underwriter has caused to be
prepared an Official Statement describing, among other things, the Agency and the Bonds, the
preliminary form of which is on file with the Secretary;
WHEREAS, the Loans will be made with respect to Rancho Laguna Redevelopment
Project Area No. I("Project Area No. I"), Rancho Laguna Redevelopment Project Area No. II
("Project Area No. IP') and Rancho Laguna Redevelopment Project Area No. III ("Project Area
No. III") and a portion of the proceeds of the Loans will be used to refinance certain loans
heretofore made by the Authority to the Agency and certain reimbursement obligations of the
Agency to the City and the Authority (together~ the "Prior Loans") and the Authority will use
the proceeds of repayment of the Prior Loans to refinance certain outstanding obligations of the
Authority (the "Prior Obligations") pursuant to Escrow Deposit and Trust Agreements (the
"Escrow Agreements"), the form of which shall be in customary form prepared by bond counsel;
WHEREAS, a portion of the proceeds of the Prior Loans were used to pay or reimburse
the costs of the Lake Elsinore Municipal Stadium Project and related public infrastruchxre
improvements (the "ProjecY'), the Project being located in Project Area No. III, but, as
heretofore determined, the Project is aLso of benefit to Project Area No. I and Project Area No.
II;
WHEREAS, the Loans will be repaid from Tax Revenues (as defined in the Loan
Agreements) allocated to each of the three Project Areas;
WHEREAS, pursuant to Section 33679 of the Law, the City Council of the City and the
Agency held a joint public hearing on August 5, 1993, on the commitment of the Agency to use
Tax Revenues for the purpose of paying the costs of the Project;
WHEREAS, upon the close of said public hearing, the Agency determined that (i) the
Project was of benefit to Rancho Laguna Redevelopment Project Area No. I, Rancho Laguna
Redevelopment Project Area No. II and Rancho Laguna Redevelopment Project Area No. IlI,
and (ii) there is no reasonable means of financing the Project, except with the proceeds of the
Prior Loans; and
WHEREAS, the Agency, with the aid of its staff, has reviewed the Loan Agreements
and the form of Official Statement and the transactions therein described, and wishes at this
time to approve the forgoing in the public interests of the Agency, subject to the terms and
conditions set forth.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the
Redevelopment Agency of the City of Lake Elsinore as follows:
Sections 1. Auproval of Loans. The Agency hereby authorizes and approves the making
of three separate Loans to the Agency in the combined principal amount of not to exceed
$35,000,000. The Loans shall be made pursuant to the following Loan Agreements, namely, the
Loan Agreements, each dated as of December 1, 1994, by and between the Authority and the
Agency relating to the Loans to the Agency with respect to Project Area No. I, Project Area No.
II and Project Area No. III, respectively. The Agency hereby approves the Loan Agreements in
substantially the form on file with the Secretary together with any additions thereto or changes
therein (including but not limited to the principal amount of the loan provided for therein)
deemed necessary or advisable by the Executive Director or an authorized representative of the
Executive Director, whose execution thereof shall be conclusive evidence of approval of any
such additions and changes. The Executive Director is hereby authorized and directed to
execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the
A~ency to, the final form of the Loan Agreements for and in the name and on behalf of the
Agency. The Agency hereby authorizes the delivery and performance of the Loan Agreements.
Section 2. Official Statement. The Agency hereby approves the Official Statement
describing the Loans, the Loan Agreements and the Bonds, in substantially the form submitted
by the Underwriter and on file with the Secretary with such additions and changes as shall be
required to accurately describe the Agency, the Tax Revenues, the Loans, the Loan Agreement
and the Bonds. Distribution of the final Officiai Statement by the Underwriter is hereby
approved.
Section 3. Confirmation of Determination of Benefit; Means of Financine. The Agency
hereby confirms its earlier determination that (i) the Project is of benefit to Project Area No. I,
Project Area No. II and Project Area No. III, and (ii) there is no reasonable means of financing
the Project, except with the proceeds of the Prior Loans.
Section 4. Official Actions. The Chairman, the Vice-Chairman, the Treasurer, the
Secretary, the Agency Genera] Counsel and any and all other officers of the Agency are hereby
authorized and directed, for and in the name and on behalf of the Agency, to do any and all
things and take any and all actions, including execution and delivery of any and all
assignments, certificates, requisitions, agreements, including, without limitation, the Escrow
Agreements, notices, consents, instruments of conveyance, warrants and other documents,
which they, or any of them, may deem necessary or advisable in order to consummate the
' lawful issuance, sale and delivery of the Bonds, the making of the Loans pursuant to the Loan
Agreements and the refixnding of the Prior Loans and Prior Obligations.
Section 5. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED AND ADOPTED this 22nd of November 1994.
AYES: BOARDMEMBERS: ALONGI, BENDEF
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
[SEAL]
AT ~' T:
6ecretary
APPROVED AS TO FORM AND
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 22nd day of November, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMII~IBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN
NOES: BOARDMII~4BERS: NONE
ABSENT: BOARDMII~IBERS: NONE
. NONE
VT'(`.K~ F'~SA15~ L"I'irY CLERK
CITY OF LAKE ELSINORE
( SEAL~)
STP:TE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-i1 of said Council, and that
the same has not been amended or repealed.
: November 22, 1994
`II~
.~..,
CITY bF.LAKE ELSINORE
(SEAL)
RESOLUTION NO. unA q4-12
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADOPTING FIVE-YEAR REDEVELOPMENT AND HOUSING
IMPLEMENTATION PLAN IN ACCORDANCE WITH
CALIFORNIA HEALTH AND SAFETY CODE SECTION
33490
WHEREAS, the Lake Elsinore Redevelopment Agency is a public
body, corporate and politic, organized and existing under the
Redevelopment Law of the State of California; and
WHEREAS, in September, 1980; July, 1981; July, 1983; and
September, 1987, the City Council of the City of Lake Elsinore
adopted Redevelopment Plans for Redevelopment Project Areas I, II
and III; and
WHEREAS, Assembly Bill 1290, enacted by the State of
California effective January 1, 1994, amended Section 33490 of the
Health and Safety Code requiring that on or before December 31,
1994, each agency that has adopted a Redevelopment Plan prior to
December 31, 1993, shall adopt after a public hearing, an
Implementation Plan that shall contain the specific goals and
objectives of the agency for the project area(s), the specific
programs, including potential projects, and estimated expenditures
proposed to be made during the next five years, and an explanation
of how the goals and objectives, programs and expenditures will
eliminate blight within the project area(s) and implement the
housing requirements of Health and Safety Code Sections 33334.2,
33334.4, 33334.6 and 33413; and
WHEREAS, the Redevelopment Agency of the City of Lake Elsinore
has prepared a report entitled "Redevelopment and Housing
Implementation Plans 1995-1999", dated December, 1994, (the "Plan")
covering Redevelopment Project Areas I, II and III, in compliance
with the requirements of Health and Safety Code Section 33490; and
WHEREAS, a public hearing to receive testimony, consider and
adopt said Plan was scheduled and duly noticed for December 6,
1994, in accordance with the publication and posting requirements
of Health and Safety Code Section 33490; and
WAEREAS, the adoption of said Plan does not constitute a
project within the meaning of California Public Resources Code
Section 21000 et seq. (California Environmental Quality Act).
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency
of the City of Lake Elsinore hereby adopts said Plan.
PASSED, APPROVED AND ADOPTED this 6th day of December 1994, by
the following vote:
AYES: BOARDMEMBERS: BENDER, BRINLEY, WASHBURN, PAPE
NOES: BOARDMEMBERS: ALONGI
ABSENT:
ABSTAIN: BOARDMEMBERS:
BOARDMEMBERS: NONE
NONE /y ~
evin NY! ~ape, Chairman
Redevelopment Agency
A TEST:
~ r~R~~~
Vicki Ly ~~ e :tas<d,
Clerk of the B~ard
APPROVED ?~S TO ORM AND LEGALITY:
~'~./~YI
John Harper, egal Counsel
Redevelopment Agency
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 6th day of December, 1994, and that
it was so adopted by the followinq vote:
AYES: BOARDMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN
NOES: BOARDMEMBERS: ALONGI
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
<41A
V I CKI ::si:_AD ;
CITY OF LAKE
(3EAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that ±he above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-12 of said Council, and that
the same has not been amended or repealed.
: December 19, 1994
~ii.
VICKI KI.::AD, CITY CLERK
CITY OF LAKE ELSINORE
( SEAI,)
RESOLU'TION NO. RDA 94- 13
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE AUTHORIZING AND DIRECTING THE EXECUTION OF THIZEE
SEPARATE LOAN AGREEMENTS RELATING TO THE ISSUANCE OF
CERTAIN NOT'ES BY THE LAKE ELSINORE PUBLIC FINANCING
AUTHORTTY, APPROVING OFFIQAL STATEMENT RELATING TO
SUCH NOTES, CONFiRMING CIIiTAIN FINDINGS OF BENEFI'I' AND
AUTHORIZING AND APPROVING OTHIIi MATI'ERS PROPERLY RELATIlVG
T~E,TO
WHEREAS, the City of Lake Elsinore (the "City") and the Redevelopment Agency of the
City of Lake Elsinore (the "Agency") have heretofore entered into a Joint Exercise of Powers
Agreement dated as of July 25, 1989, establishing the Lake ELsinore Public Financing Authority
(the "Authority") for the purpose of issuin~ its bonds, notes and other obligations to be used to
provide financial assistance to the City and the Agency;
WHEREAS, the Authority proposes to issue its 1995 Series A Subordinate Tax
Allocation Revenue Notes (Lake Elsinore Redevelopment Projects) (the "Notes") for the purpose
of providing funds to make three separate loans in the combined principal amount of not to
exceed $20,000,000 (the "Loans") to the Agency pursuant to the loan agreements hereinafter
described (the "Loan Agreement") to finance and refinance various redevelopment activiHes of
the Agency, the form of such Loan Agreement being on file with the Secretary;
WHEREAS, the Authority has authorized the sale of the Notes to First California
Capital Markets Group, Inc. (the "Underwriter") for offer and sale by the Underwriter to
members of the general public, and in connection with the offering of the Notes, the Underwriter
has caused to be prepared an Official Statement describing, among other things, the Agency and
the Notes, the preliminary form of which is on file with the Secretary;
WHEREAS, the Notes will be repaid from, and secured by, payments to be made to the
Authority by the Agency pursuant to the Loan Agreements;
WHEREAS, the Loans will be made with respect to Rancho Laguna Redevelopment
_ Project Area No. I("Project Area No. I"), Rancho Laguna Redevelopment Project Area No. II
I C'Project Area No. II") and Rancho Laguna Redevelopment Project Area No. III C'Project Area
' No. III") and a portion of the proceeds of the Loans will be used to refinance certain loans
heretofore made by the Authority to the Agency and certain reimbursement obligations (the
"1994 Reimbursement Agreements described below) of the Agency to the City and the
Authority (together the "Prior Loans") and the Authority will use the proceeds of repayment of
the Prior Loans to refinance certain outstanding obligations of the Authority (the "Prior
Obligations") pursuant to certain redeposits by the Authority and pursuant to an escrow
deposit and trust agreement (the "Escrow Agreement"), the form of which shall be in customary
form prepared by bond counsel;
WHEREAS, a portion of the proceeds of the Prior Loans were used to pay or reimburse
the costs of the Lake Elsinore Municipal Stadium Project and related public infrastructure
improvements (the "ProjecY'), the Project being located in Project Area No. III, but, as
heretofore deterxnined, the Project is also of benefit to Project Area No. I and Project Area No.
II;
WHEREAS, the Loans will be repaid from Tax Revenues (as defined in the Loan
Agreement) allocated to each of the three Project Areas;
WHEREAS, pursuant to Section 33679 of the Law, the City Council of the City and the
Agency held a joint public hearing on August 5,1993, on the commitment of the Agency to use
Tax Revenues for the purpose of paying the costs of the Project;
WHEREAS, upon the dose of said public hearing, the Agency determined that (i) the
Project was of benefit to Rancho Laguna Redevelopment Project Area No. I, Rancho Laguna
Redevelopment Project Area No. II and Rancho Laguna Redevelopment Project Area No. III,
and (ii) there was no reasonable means of financing the Project, except with the proceeds of the
Prior Loans;
WHEREAS, for the purpose of a prior refunding of the Project, the Authority and the
City entered into a Lease Agreement, dated as of September 1, 1994 (the "1994 Lease
Agreement") pursuant to which the Authority leased the Project to the City, the City's Lease
Payments (the "Lease Payments") to be used to repay obligations of the Authority issued to
acquire the Project;
WHEREAS, to provide for reimbursement of the Lease Payments by the Agency to the
City with the proceeds of Tax Revenues, the City and the Agency entered into three (3)
separate Reimbursement Agreements, each dated as of September 1, 1994 and each relating to
one of the three Project Areas (the "1994 Reunbursement Agreements");
WHEREAS, the Agency will use a portion of the proceeds of the Loans to pay in full its
obligations under the 1994 Reimbursement Agreements, thus permitting the City to pay in full to
the Authority its Lease Payments under the 1994 Lease Agreement; and
WHEREAS, the Agency, with the aid of its staff, has reviewed the Loan Agreement and
the form of Official Statement and the transactions therein described, and wishes at this time to
approve the forgoing in the public interests of the Agency, subject to the terms and conditions
set forth.
NOW, THEREFORE, BE IT RESOLVED, DETERM7NED AND ORDERED by the
Redevelopment Agency of the City of Lake Elsinore as follows:
Section 1. Annroval of Loans. The Agency hereby authorizes and approves the making
of three separate Loans to the Agency in the combined principal amount of not to exceed
$20,000,000. The Loans shall be made pursuant to the following Loan Agreement, namely, the
Loan Agreement, each dated as of January 15, 1995, by and between the Authority and the
Agency relating to the Loans to the Agency. with respect to Project Area No. I, Project Area No.
II and Project Area No. III, respectively. The Agency hereby approves the Loan Agreement in
substantially the form on file with the Secretary together with any additions thereto or changes
therein (including but not lunited to the insertion of the respective principal amounts of the
Loans provided for therein and the respective schedule for repayment of the Loans) deemed
necessary or advisable by the Executive Director or an authorized representative of the
Executive Director, whose execution thereof shall be conclusive evidence of approval of any
such additions and changes. The Executive D'uector is hereby authorized and directed to
execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the
Agency to, the final form of the Loan Agreement for and in the name and on behalf of the
Agency. The Agency hereby authorizes the delivery and performance of the Loan Agreement.
Section 2. Official Statement. The Agency hereby approves the Official Statement
describing the Loans, the Loan Agreement and the Notes, in substantially the form submitted by
the Underwriter and on file with the Secretary with such additions and changes as shall be
required to accurately describe the Agency, the Tax Revenues, the Loans, the Loan Agreement
and the Notes. Distribution of the final Official Statement by the Underwriter is hereby
approved.
Section 3. Confirmation of Determination of Benefit; Means of Financine. The Agency
hereby confirms its earlier determination that (i) the Project is of benefit to Project Area No. I,
Project Area No. II and Project Area No. III, and (ri) there was no reasonable means of financing
the Project, except with the proceeds of the Prior Loans.
2
Section 4. Official Actions. The Chairman, the Vice-Chairman, the Treasurer, the
Secretary, the Agency General Counsel and any and all other officers of the Agency are hereby
authorized and directed, for and in the name and on behalf of the Agency, to do any and all
things and take any and all actions, including execution and delivery of any and all
assignments, certificates, requisitions, agreements, including, without limitation, the Escrow
Agreement, notices, consents, instruments of conveyance, warrants and other documents, which
they, or any of them, may deem necessary or advisable in order to consummate the lawful
issuance, sale and delivery of the Notes, the making of the Loans pursuant to the Loan
Agreement and the refunding of the Prior Loans and Prior Obligations, including, without
lunitation, the payment of the Agency's rennbursement obligations to the City pursuant to the
1994 Reimbursement Agreements and the termination of the 1994 Lease Agreement.
Section 5. Contingency With Respect to Payment of 1994 Reimbursement Agreements. It
is understood that the City staff and the Underwriter are currently negotiating with the Owners
of the Authority's 1994 Revenue Bonds (Lake Elsinore Redevelopment Projects) (the "1994
Bonds") for the purpose of agreeing to a reasonabie price for repurchase of the 1994 Bonds by
the Authority. The proceeds of payment of the 1994 Reimbursement Agreement will be used by
the City to prepay the 1994 Lease Agreement. The proceeds of prepayment of the 1994 Lease
Agreement will be used by the Authority to pay the repurchase price of the 1994 Bonds.
Accordingly, if a reasonable price for such repurchase is not agreed upon then the aggregate
principal amount of the Loans, authorized in Section 1 hereof, shall be reduced by the
appropriate amount.
Section 6. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED AND ADOPTED this 21 seof Dece
AYES: COUNCILMEMBERS: BENDER,
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALONGI
[SEAL]
APPROVED AS TO FORM AND
LEGALITY:
ohn . H er
Gener C sel
-3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD~ CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the foreqoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 21st day of December, 1994, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: BENDER~ BRINLEY~ WASHBURN, PAPE
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: ALONGI
ABSTAIN: BOARDMEMBERS: NONE
C:KI F;~_uAD, CITY CLERK
CITY OF LAKE EL:~INORE
(SEAL)
`J
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. RDA 94-13 of said Council, and that
the same has not been amended or repealed.
DATED: December 22, 1994
~e l~
VICRI i~1S , CITY CLERK
CITY OF L:aitE ELSINORE
(SEAL1