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HomeMy WebLinkAboutCC Reso No 2000-48__ _ _ ~ ~a,' ~ d~ ~ RESOLUTION NO. 2000-~ ~' A RESOLUTION OF NECESSITY OF THl ~~'.S Q~~~~ ~^ ~ OF THE CITY OF LAKE ELSINORE, CA~ APPROVING THE ACQUISITION OF CE l PROPERTY ~ O O~- I ~ WIiEREAS, the City of Lake Elsinore ("City"), in coop {"County"), is conunencing.a street widening project ("Project~ ' Drive along the border between the City and the County; and ' WHEREAS, Mission Trail Drive must be widened to a~, growth and resulting automobile traffic; and WHEREAS, the City is authorized to acquire property for street widening purposes by statutes including, without limitation, Government Code section 37350.5; and WHEREAS, easements for widening Mission Trail Drive are required along the frontage of the parcels of real property identified in E~ibit "A° attached hereto and incorporated by reference; and WHEREAS, the parcels identified in E~ibit "A" are the only parcels on which Mission Trail Drive can possibly be widened; and WHEREAS, the easements ("Property") described and depicted in Exhibit "B" attached hereto and incorporated by reference are intended to accommodate the greatest public good and the least private injury; and WHEREAS, the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment - roll for the Property were given notice of the intention of the City to adopt a Resolution of Necessity and to direct the institution of eminent domain proceedings, and informing them of their right to be heard on this matter parsuant to Code of Civil Procedure section 1245.235; and WHEREAS, a public hearing was held by the City Council on October 24, 2000, at which the matters set forth above and in Code of Civil Procedure section 1240.030 were discussed, including the following matters: (a) whether the public interest and necessity require the acquisition of the Property; (b) whether the Project is planned 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 section 7267.2 has been made to the owner of owners of record; NOW, THEREFORE, the City Council of the City of Lake Elsinare does hereby resolve as follows: Section 1: That the above Recitals are true and conect and are incorporated herein. Section 2: A. That the City is empowered to condemn the Properiy pursuant to Government Code section 37350.5. B. That the public interest and necessity require the acquisition of the Property for completion of the Project. C. That the Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. D. That the acquisition of the Properry is necessary for completion of the Project.