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Home My WebLink AboutCC Reso No 1990-016_ __ _ ___ ______ _ ~~ , r RESOLUTION No. 90-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSZNORE~ CALIFORNIA~ SETTING TIME AND PLACE FOR PUBLIC HEARING ON NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, ia conducting proceedings for a epecial aesessment dietrict pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work in connection therewith, including acquiai- tion where necessary; said special assessment district known and deaignated ae NORTHWEST SEWER A55ESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Aaseasment District"); and, WHEREAS, under _said special aesesement dietrict proceedinge, it will be necessary that certain right-of-way acquisition be made in order to accomp- lish the construction of the works of improvement as propoaed, and at this time thie governing body is desiroua of setting a time and place for a public hearing on the necesaity to acquire rights-of-way and/or easemente not yet~- acquired for the project and improvements in said Asseasment District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That certain right-of-way acquisition is necessary~for the accomp- lishment of the improvements as proposed for the Assessment District, and said rights-of-way are as set Porth and described in the propoaed Resolution of Necessity to Exercise the Right of Eminent Domain, with an Exhibit attached thereto setting forth the proper and legal description of all rights-of-way to be acquired. f 3. THAT NOTICE IS HEREBY GIVEN THAT ON TUESDAY~ ~THE 24TH DAY OF APRIL~ 1990~ AT THE HOUR OF 7:00 O'CLOCK P.M.~ IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT BOARD ROOM~ 545 CHANEY STREET~ LAKE ELSINORE~ CA~ ANY AND ALL PERSONS WHERE EASEMENTS OR RIGHTS-OF-WAY ARE TO BE ACQUIRED, WILL HAVE AN OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE NECESSITY TO EILERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS AND RIGATS-OF-WAY NECESSARY FOR THE PROPOSED IMPROVEMENTS IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMINATION AS TO WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN THE MANNER WHICH WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECESSITY FOR THE PROPERTY TO .BE ACQUIRED~ SHOULD flE PRESENT AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. 4. That the City Clerk ie hereby directed to mail notice of the public hearing on the necessity to order acquieition by eminent domain proceedings to all persons owning real property where it is required that easements and/or rights-of- way be obtained in order .to accomplish the proposed works of improvement. Said mailing ' shall be made to the names and addresses as they appear on the last equalized assessment roll for County tax purposes, or as known to the City Clerlc, and shall be completed at least twenty (20) days prior to the time said for said public hearing. PASSED, APPRO~ED AND ADOPTED this 13th day of t•1arch, 1990, upon the following vote: AYES: COUNCILMEP46ERS: 6UCK, DOMINEUEZ, STARKEY, LIINKLER NOES: COUNCILh1EMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADSTAIN: COUNCILMEM~ERS: W.~SHQURN ~.~ ~ „ ..,.... CITY OF LAKE ELSI AT EST: CC~ KI KASAD, CITY CLERK. CITV OF LAKE ELSINORE APPROVED AS TO FORM: `~~.~i~~ ~ 1. . - JOHN R. HARPER ~ CITY ATTORNEY CITY OF LAKE ELSI~NORE ~ STATE OF CALIFOANIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORG ~ I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90-16 , wae duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of March , 1990, and that the same was paseed and adopted by the following vote: AYES: COUNCIL MEMBERS: -BUCK, DOP1INGUEZ, STARKEY~, WINKLER NOESt COUNCIL MEMBERS; NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS; WASHBURN EAECUTED thie 14~h day of March , 1990, at Lake Elsinore, California. ~ ~ -- ~ICKIE LYNP{~ KASAD CITY CLERK U CITY OF LAKE ELSINORE STATE OF CALIFORNIA [SEAL]