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Home My WebLink AboutCC Reso No 1991-50i ~ RESOLUTION NO. 91-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE~ RIVERSIDE COUNTY~ CALIFORNIA~ DESCRIBING A CERTAIN PROJECT; MARING A STATEMENT OF THE PUBLIC USE FOR WHICH CERT~IIN PROPERTIES ARE TO BE TAREN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE , SAID PIfOPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAREN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE ~ COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID ., PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATION3 WHEREAS, the City Council 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 City Council of 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 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 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 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 City Council of the City of Lake Elsinore has complied with the requirements of Government Code Section 7267.2 in making a fair ma;ket value offer to acquire subject property; and wHEREAS, at said public hearing, the City Council 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 CITY COUNCIL 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: The widening and Realignment of Robb Road/Lakeshore Drive and Grand Avenue in the City of Lake Elsinore. Hereinafter called "Project"; and SECTION 3. That the City Council 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. 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: 2 t (a) That, to the extent acquisition of said subject property results in a remnant, said remnant shall be acquired by eminent I 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 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 Civil Procedure. SECTION 6. That this City Council does hereby further find, determine and declare as follows: (a) That the public interest and necessity requires the project; 3 r , ~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 necessaxy for said Project. SECTION 7. That BROWN, HARPER, BURNS & IiENTSCHKE, attorneys ' for the City Council 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 City Council 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 e. That the officers of the City of Lake Elsinore are hereby authorized and directed to withdraw necessary snms 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". SECTION 9. That the officers of the City of Lake Elsinore are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of ~un~_, 1991, by the following vote: 4 COUNCILMEMBER~: BUCK, DOMIN~UEZ, STARKEY, WINKLER, WASHBURN AYES: COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ I Il ~~ 1 TEST: AT N GARY SHBURN, MAYOR ( r CITY LAKE ELSINORE 5 r V1C1Cl Lx1vi +~'+~~~'r ---- --- CITY OF L E ELSINORE APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Zynne Kasad, City Clerk of the City of Lake Elsinore, 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 25th day of June, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY OF LAItl~ ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO AEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 91-50 of said Council, and that the same has not been amended or repealed. DAT~D: June 26, 1991 V`Y~CTCI LYPINE`-I~AD, CITY CITY OF LAKE INORE LEGAL DESCRIPTION-PART TAKEN ~ P~RCEL 1-n RSGAT-OF-WAY D~DICATION IIeing a portion of the Town of Lucerne, in the County oP Riverside, State of'CaliL-ornia, as shown by map on file in Book 11 Pa~e 499 of Maps, Records of San Diego County, California, That por~ion ot the South Half of- the Northeast Qqarter of Section 34, Township 5 South, Range 5 West, San Bernardino Base ana Meridian, being more particularly described as; CoMM~NCING at a point on the West line of the Northeast Quarter of said Section 34, said point being North 00° 10.~ 00" East a distance oL 1015.69 irom the Southwest corner of said Northeast Quar~er; being also the Southwest corner of that parcel as descriUed in an Instrument recorded under No. 112027 in the Riverside County Records. ~- TII~NC~ North 00~ 10' 00" East; along the West Line o£ said parcel a distance of 300.0o feet to tho Northwast corner oP said parcel; Tii~NC~ South 89° 50' oo" a distance oP 300.00 Peet to the Northeast corner of said parcel per Instrument No. 112027; TII~NCE South 00° 10' 00" West a distance of 1G4.34 feet to a point being on the Northeasterly Right-of-Way of Lakeshore Drive, as described on Record oP Survey in Book 41 Page 3 of Riverside County Records, said point being the True Point of Beginning. TII~NCE North 62° 38' 15" West a distarice of 144.06 feet to the beginning o£ a tangent curve to the right having a radial bearing South 27° 21' 45" West, a radius of 256.50 feet,~a central angle of 7° A9' 17", and a length as measured along the arc of 35.01 f-eet to ~he intersection with a non-~angent curve to tha right having a radial bearing of North 9° 06~ 29" ~ast a radius oE 350.00 feet, a central angle of Sa° 15' 1G", and a length as measured along the arc of 111.51 ieet; ~iSI~NC~ South 62° 3a' 15" ~ast a distance of 59.05 feet to a point on ~he Easterly property line of- Lhat said parcel per Instrument No. 112027; TII~NC~ South oo° lo' oo" west along said Easterly line a distance of 22.49 Lee~ to the True Point of Beginning. : •; , ~ 'I ` WO IIII-2450 , • • ',II. I DATED: G/2/89 '' BUTTERFI~LD ENGIN~ERING & SURVEY/THE ItEITH COMPANIES .. . ~ ~ ~<' 49 ;;!. ,; ~, : =- , ~ I ~ . _._ _ _ SITG AND FROPOSED T1IKING . 7CA[E~ I"` 10' '~. . GRAND AVENUE .: RaBB ROAD,~ . . 3:W.(OROFNE7e SEL:34 .UNfiY£~/t ICf.3~ . yOO~q~ta • . . ~ ~ N 0'/0'00'E JD0.04' ~ - ~ ~ '101T.69' '~ . ~ ~~.~. ..._ .~ ~ l49.47' \ . .. _, .- I ~ ~ . ea.c. ' i'\r.ea.e. ~ .~ ~ ~ ~`60 a ~ \. ~~_~~ \ .,55 I^ ~%a i o . ~ ~ti~ ~ ~ ' h \,... PARCEL 2' A\ ~ ~~ . . I ~ \rPi ~` ~ I ---~ s o°io'oo^w ~ ioo.e~ \ "J1~ ~ o ~-" I ~ ~ ` J_~\b~ . . , ~ , a- ~\~5ti`' ~ ~T.P.O.B. ~. 5 4s, is•3rw ,. ' d i~`4a~ ~ ~ . o ~ _~~ y~ ~ \ ^+~~ ~ . '~hy~ o ~~.~ /~ "~ ~ f~ o \ ^~ o ~ \~-PARCfL Z ~1~~~~~° v ^~ ~~ N9°OG•-,= p^+ -• . /~ ~ R ~ti . . ~ ' .'' ~ ~ p . ` ~ . . ~'~.~~ V~ ~ C~l5.0/'`~ '~^, a • ~ ~o °o a - N ~ . .. ~~ I ' i a ~~~ hv'~ ~ ~ " u = !~J `' ~ \a; ~ PARCEL ! n ~, " . o ; ~~ `\ ~ a _ .. ,, ~ . . ; .~ Q ~ e ~ , b ~ ~\' (. ~ ~ - 2 l ~ (~~~V ,~~ ~rx ' . I ~ "~. h3 \ \y~ Or h~~~~ . . b ro ~+,b ~ ti~ Q~ ~ oh ' , --!,"' ~ .~~ y(~,y „ e~ ~~,. ~ ~ ti i " ~. . ` ~. iti 45.54' ... 11.4.9' ~ i27.49~ 6D.03' S 0'!0'00• W ~1G4•34' ~ . . ~ S 0'!0'00„W . . ~ . , . r.eo.a. ~;.1N AF T, .~C; ~:..IV: Sv i/:: ~3. R_'~ 1: D~ i- P- A- R; ~~ E 1a :.~' Note: Portion identified as Parcel 1-A is part taken, Parcel 1 is the remainder parcel. and the combination of Parcels 1 and 1-A are the property before the taking. 29 i i ~ I I ~ I I I I . ~i .. . . ~ . . ' . ~ 1` y ' . . . _ ~ ~ ~.., . . ~.~n~.._ _ =~~.__ .. _ ..- ..... • ~.:: -.Y^ -..~;•:,.,..• ~~"~doYmAJRA .mae '_v ' - _ . . - :i2::.ax~s#fs:c~ ~. . _.. . . . . ' ~-P:- ~ .. ... ~~.:~Y1~tl1~29G1.N!!3": PARCEL~2-II ~ ~..';.~~(. RIGHT-OF-WAY-DEDICATION ~',,. ,_ ~ ~ ~ _._..._ That portion of the Town of Lucerne, in the County oP Rivetside, :~::,~~~Y ^~~°~ State of California, as shown by~map~on file in Book 11 Page 499~ 'a ~---' oP Maps, Records of San Dieqo county, CaliPornia, within the ~ -----~ South Half oP the Northeast Quarter of Section 34, Township 5 ~- ...:._. ..:.. South, Range 5 West, San Bernardino Base~and Meridian, being,more : ~~ ~ particularly desclribed as; _.. ..:.._., ...._. . •:_. < ,, _.. _ . COb4~lENC2NC7 at p point on the West line oP the Northeast Quarter .__--_.__ . of sa d Section 34, said point being North 00° 10• 0o"~East, a~• distance of 3015.69 Prom the Southwast corner of said Northeast ~~ - ~ Ruarter; being also the Southwest,corner .of that"parcel•as "" described in~ an Instrument recorded under No:. 112027~3n~:Eha ~~~~ " Riverside County Records, also being the True Point oi Heginning; ..... .. THENCE from saia point, North 00° 10~ 00" East along said West ~ ~ ... ,.... : ~ line a distance oE 257.26 feet to the Northwest corner oE said -- ---'~~ ... ...,~,..:,h,°-.- - Parcel, also being a point on curve; ' ~~~ ~...._..___:. THENCE along a non-tangent curve to the le£t havinq a radial ~ -~~~- - , ._ .. __.. . ..- bearing oP North 59° 23~ 10^ Eaat, a radius oP 736.50 feet, a~ .~ ~ central angle of 32~ OS' 25", and a length as measured alonq the ~-~ arc oE 188.08 feet to the Point of Tangency; ~ ~ ..::.::_-_~-:~~ TxENCE South 62~ 36' 15" East a distance of 74.7J feet to a point .._ on curve; ~ THENCE along Tangent Curve~to the left having a radial bearing~ ~ South 27° 21' 45~~ West, a radius oP 250.00 feet, a central angle ' ~ oP 26° 40~ 00", and a length as measurAd along the arc of 116.96' ~ --~~. ~ feet to the Point of Tangency; _ ~~.~ THENCE North 89° 18' 15" West, u distance oE iG.Gl Eeet; ~~~-~~~~~ ~ T7[ENCE'SOUth 45~ 25' 53" West, a distance of 32.68 feet; ~ ~ . THENCE South 00~ 10' 00^ West, a distance of 100.80 feet, to a' ' ~ point on the South line of saSd parcel as described in said Instrument recorded under No. 112027;' ~ Tt~eNCe North s9° 50' oo" West, along said South line, a distance of 50.00 £eet to the True Point of Seginning. - W 80]86.03/L.E./0.008 RD. DTTED: MARCI[ 21~ 1991 . i I ..., . ~ ' ~ ~ ~ - ~ .~. 4. . .. ' .. .. . , il,~ ..: " __.. _..: . . . ~. . . .~ .. . . . . . . .r'..'~.: ~ ...I ,.~IK.: :....~ Y} \r.... ' PARCEL 2-C ~ RIGHT-OF-WAY DEDICATION ~ •--~- , ~ ~~ . ~That portion of the Town of Lucerne,.in the`;COUnty oP~~Rivet'side, _ .~ .. - ~ State oP CaliPornia, as shown~by map on £ile`in Book 11 Page'°494 .""~"~- .,~'~~ ~, . oP Maps, Records of San Dieqo County, California,- within the -- '' -~ ~ . South Half of the Northeast Quarter o,E"Saction~34;;Township 5 - , .' . South, Range 5 west, San Sernardino Base~and-Meridlan;;being;more ., ~ _.. ____ particularly described as; ~ „ s~w°~ . "° _ r . L<r.: `" ;~J'~~:, ?.. _ ,. , ,_, ,:: . ~~ COMLSENCING at a point on the West line~ot'the~NOrtheast;,Quarter,,..~. „ .._....._._. . - ~ of sa7.d Section 94, said ~ point being North 00° 10' ~ 00" ~ East a ~ , ~ distance of SO15.G9~Prom~the Southwest corner oE~said Northeast .~~~~~~- ~. ~~ ~.. ~ ~~ ~ ~~ ~ ~ Quarter; being also the Southwest .~.corner-°of;;:thaY`~parcel=~~~as -~ ...~~ . . .,.. _. .,,., ~ ~ ~~° ~ ~~ described in an Instrument~ recorded~undez'~NO27 112027>~~in"'the -~~"~~ - ~. . Riverside County Records. ~ . . ` . . . ~ ` ..:. -..._ . ~ - . ... . _ . . . . .. . , ._ ~. ... ...: . '- TBENCE from said point, North 00° 10~ 00" East~along said~~West ~-~" -"~ ~~~ . . ' •. ~ line a distance of 300.00 Peet tb the Northwest corner-oP~said ,",_-~ ~~ ~ ~ . Parcel to the True Point oP Seginning; . . .. ' - . ... . - -:..:._ . ~~, .. ~. ~~ ~~ THENCE South 89~ 50' 00"~EOSt along sald NOTth line,,a d35tdIICe:. . _~_ ~. ~ ~ ~ ~ .of 0.29 feet to a point on cuive; ~ ' ~~'~ ~ ~- ~. ~. . ~ . TRENCE along a non-tangent curve to the lePt having a~raflial '::'.. ~ ~ ~ ~ . bearing North 66° 07.~ 14" East, a radius oP 316.50 Eeat, a _. _.. .. central angle of 36° 79' 29", and a length as measnred alonq the ~. ~. ~ arc of 213.55 Eeet, to the Point of Tangencyi ~-` ~ .. -._. , ~ . THENCE South 62° ~8' 15" East ulong the Southwesterly Right-of-~ . i ~~ . Way of proposed Iakeshore Drive a distance of 174~.89 Yeet to a- ' ~~ ~ point on the Easterly line of that parcel described~~per~ ~ . ~ Instrument No. 112027; ~~~. ~ .~ TxENCE South oo° lo~ oo" West alonq said Easterly line'a distance ~ . , ~~ of 22.49 feet; ~ ~ ' ~ '~ _~. ~ . TNENCE leaving said Eastetly line, North 62° 30~ 15" West,~105.16 ~ ~~~ ~ feet to the Point of Tangency; . . TxExcE along a non-tangent wrve Lo the right having a. radial ~ ~ bearing of North 27° 21' 45" East, a radius of 336.50 feet, and a~ - centrai angle of 32° O1~ 25" and a length as measured along the ~ arc of 166.08', to a point on tfie West line of the said Northeast ~ ~~~~~ Quarter of said Section 34; ~-- ' ~~ ~~~ THENCE North 00° 10' 00" ~ast along said West line a distance of ~.. ~. ~. ; 42.74~ to the True Point of IIeginning. . ~~ l10 80384.03/L.E./ROBB RD. THE KEITH COMPI+NIES-HUTTERI'IELD~ INC. DATED: MARCH 21~ 1991 ~ ~