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HomeMy WebLinkAboutCC Reso No 2001-10RESOLUTION NO. 2001-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING IN PART CITY COUNCIL RESOLUTION NO. 2000-48 WHEREAS, the City of Lake Elsinore ("City"), in cooperation with the County of Riverside ("County"), has cammenced a street widening project ("ProjecY') for the widening of Mission Trait Drive along the border between the City and the County; and WHEREAS, Mission Trail Drive must be widened to accommodate existing and anticipated growth and resulting automobile traffic; and WHEREAS, the City is authorized to acquue property for street widening purposes by statutes including, without limitation, Government Code section 37350.5; and WHEREAS, the City and the County deternuned that certain property ("Property"), consisting of portions of Riverside County Assessor's Parcels 370-040-028, 370-040-030-5, 370- 040-031-6 and 370-040-001-9, more particularly described in attached Exhibit "A," were needed to complete the Project; and WHEREAS, on October 24, 2000, the City Council conducted a public hearing at which the following matters set forth in Code of Civil Procedure secrion 1240.030 were discussed: (a) whether the public interest and necessity require the acquisition of the Property; (b) whether the Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Property is necessary for the Project; and (d) whether an oFfer of just compensation pursuant to Government Code secrion 7267.2 has been made to the owner of owners of record; and WHEREAS, at that public hearing the City Council adopted Resolution No. 2000-48 declaning: A. That the City was empowered to condemn the Property pursuant to Government Code section 37350.5. B. That the public interest and necessity required the acquisition of the Property for completion of the Project. C. That the Project was planned and located in a manner that was most compatible with the greatest public good and least private injury. D. That the acquisition of the Property was necessary for completion of the Project. E. That the offers required by Govemment Code section 7267.2, if such offers aze required at all, had been made to the owners of record of the Property, that good faith negotiations had taken place between the City's agents and those Property owners, and that the negotiations had failed to result in a negotiated purchase of the Property; WHEREAS, pursuant to Resolution No. 2000-48 the City Council authorized and directed the City Attomey to commence an acrion or actions in the Riverside County Superior ~ Court, in the name and on behalf of the City against those persons who appeared as owners of record or who were lrnown to have any claims or interest in the Properiy for the purpose of acquiring the Properry by eminent domain for the public use described herein, to make application for possession of the Property prior to judgment, and to do all things necessary to prosecute the action to its final determination in accordance with the provisions of law applicable thereto; and WHEIYEAS, pursuant to Resolution No. 2000-48 the City Council authorized and directed City staff to take any appropriate action consistent with the purposes of that Resolution, including but not limited to the withdrawal of necessary sums to deposit with the court as the probable amount of compensation that would be awazded in the eminent domain proceedings to acquire the Property; and WHEREAS, the City Attorney and City Staff subsequently acquired all necessary rights in the Property by negotiated purchase without the need for instituting formal eminent domain proceedings;and WHEREAS, the City Attorney commenced an action in Riverside County Superior Court, Case No. 349982, to acquire other property for the Project, which property is also the subj ect of Resolution No. 2000-48, but which the City has not acquired by negotiated purchase. NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby resolve as follows: Section 1: That the above Recitais are true and correct and aze incorporated herein. Section 2: That each and every part of Resolution No. 2000-48 which makes reference to or would affect in any way the Property described in attached Exhibit "A," consisting of portions of Assessor's Pazcels 370-040-028, 370-040-030-5, 370-040-031-6 and 370-040-001-9, is hereby rescinded. Section 3: That this Resolution rescinding in part Resolution No. 2000-48 is intended to remove any cloud on the titie to Assessor's Parcels 370-040-028, 370- 040-030-5, 370-040-031-6 and 370-040-001-9, which cloud on title, if any exists at all, may have been created by Resolution No. 2000-48. Section 4: That Resolution No. 2000-48, to the extent it does not affect the Property described in attached Exhibit "A," shall remain in fuli force and effect. In particular, with respect to the property which is the subject of Riverside County Superior Court Case No. 349982, Resolution 2000-48 shall remain in full force and effect. PASSED, APPRO'VED, AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting held on this 24 day of Attest: 2~.:~.~,r;-~o..~ . City Clerk Approved as to Form: C y Attorn ADOPTED UPON THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BRINLEY, NONE NONE NONE KELLEY, METZE, PAPE, SCHIFFNER STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 24`" day of April, 2001, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~~ VICHI KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFOI2NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI 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. 2001-10 of said Council, and that the same has not been amended or repealed. DATE: April 30, 2001 ~` f~ VICF:I KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE (SEAL)