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Home My WebLink AboutCC Reso No 1991-44, '~ , ' J i s t '~ + x ; RESOLUTION NO. 91-44 ~ ~ ', ; A RESOLUTION OF THE CITY COUNCIL OF THE CITY ', 3 ' OF LAKE ELSINORE, RIVERSIDE COUNTY, ''~ CALIFOI2NIA, DESCRIBING A CERTAIN PROJECT; ,, MAKING A STATEMENT OF TFIE 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 ', NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DII2ECTING EMINENT DOMAIN PROCEEDINGS TO BE CONIMENCED IN SUPERIOR COURT TO ACQUIRE SAID ', PROPERTY INCLUDING APPLICATION FOR POSSESSION ' OF SAID PROPERTY PRIOR TO JUDGMENT; AND ', MAKING OTHER DETERMINATIONS ', WHEREAS, the City of Lake Elsinore is a public entity organized and existing pursuant to the laws of the State of California; and ' WHEREAS, the City of Lake Elsinore intends to undertake a certain project for public purposes; and " WHEREAS, in order to accomplish said project, the City Council believes that it is 'i necessazy 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 City Council 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 City Council has given each person who owns or claims a right in said i Subject Property proposed to be acquired by eminent domain and whose name and address '' appears on the last Equalized County Assessment Roll notice and 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 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 ~ ~: ~ . ; ~, _ ::,;; ~ -~:; _.. . ,~. 12. 1 , ~. .. .~. .: ~-. . . : ~^~i~^--^ .:::r_ . . .. . Y+'`fli...:.. . . .. :K""'.~. . ' Property; and ,tm __:: ' WHEREAS, at said public hearing, the City Council did hear and consider all testimony, written and oral, related to the matters referred to in Section 1240.030 of the Code of Civil Procedure: NOW, THEREFORE, 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 to be taken by eminent domain is for a public use, to-wit: ' The widening of Collier Avenue in the City of Lake Elsinore, hereinafter called "Project"; and ' law, being Title 7, part III of the Code of Civil Procedure and Government Code Section 37350.5 ' 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 this City Council 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 ' apptopriated 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 presently 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 will not unreasonably interfere with the continuance of the existing public use, pursuant to Section 1240.530(a) of the Code of Civii Procedure. SECTION 6. That this City Council does hereby further find, determine and declaze as ,..,~ ~ >~ ~ ' ~.. ~ ~ ; , i ; .~ (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 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 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 City of I,ake 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" II SECTION 9. That the officers of the City of I,ake Elsinore aze hereby authorized and ~I directed to take any appropriate action consistent with the purposes of this Resolution. II PASSED, APPROVED AND ADOPTED this 28th day of May, 1991, by the following , vote: i AYES: COUNCILMEMBERS: Buck, Dominguez, Starkey, Washburn NOES: COUNCILMEMBERS: None , ABSENT: COUNCILMEMBERS: None ' ABSTENTIONS: COUNCILMEMBER: Winkler ATTEST: ~ E F~' VICKI LYN City of Lake , City Clerk APPROVED AS TO FORM: ~ JOHN R. HARPER, CI 'Y ATTORNEY ;~~ ~ Y~ 'I GAR . WAS BURN ~~ MA O ' CITY OF Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, I 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 28th day of May, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ ABSTAIN: COUNCILMEMBERS: WINKLER VICKI ?C.'1r:,AD,~LERK CITY GF LAKE EL~INORE (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. 91-44 of said Council, and that the same has not been amended or repealed. . May 30, 1991 CITY 0`I' LAKE ELSINORE (SEAL)