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Home My WebLink AboutCC Reso No 1990-086NO. 90-86 RESOLDTION OF THE CITY COIINCIL OF THS CITY OF LARE ELSINORE, RIVII2SIDE COIINTY, CALIFOI2NIA, DESCRIBING A CERTAIN PROJECT; MARING A STATE[~@TP OF THE PIIBLIC USE FOR WIiIQi CERTAIN PROPERT=ES TO BS Tl,1CEN AND REFERENCB TO STATOTORY ADTHORITY TO ACQDIRE SAID PROPERTY BY II~IINENT DOMAIN; DESCRIBING THE GENII2AL LOCATION AND EX'CF.NT OF SAID PROPERTY TO BB TAItffi1; DECLARING FINDINGS AND DETER1~IIIdATIONS ON THE PIIBLIC INTEREST AND NECSSSITY FOR SAID PROPffitTY; AUTHORIZING AND DIREC'PING F•lQNENT DOMAIN PROCEEDINGS TO BE CONII~ffi1CED IN SIIPERIOR COIIRT TO ACQIIIRE SAID PROPffi2TY INCLDDING APPLICATION FOR POSSESSION OF SAID PROPFI2TY PRIOR TO JUDGI+ffi~1T; 2,ND 1~lARiNG OTHE[i WHEREAS, the City of Lake Elsinore is a public entity organized and existing pursuant to the laws of the State of California; and, WFIEREAS, 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 has complied with the requirements of Government Code Section 7267.2 in making a fair market 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 all true and correct. Section 2. That said subject property be taken by eminent domain is for a public use, to-wit: Acquisition of property for the construction of sewer line facilities HEREINAFTER called "Project"; and, Section 3. That the City 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. -2- 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; (b) That, to the extent that said subject property or interest therein is already appropriated to a public use, the proposed use for 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 1240.630(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- (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 Brown, Harper, Burns & Hentschke, 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, against those persons who appear on record or who are known to have a claim or interest in said subject property described in the Exhibit "A", for the purpose of acquiring said subject property by eminent domain for the public use described herein and to make application for possession of said subject property prior to Judgment. Section 8. That the officers of the City 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". -4- Section 9. That the officers of the City are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. APPROVED AND ADOPTED THIS 21th day of September , 1990. vncaa .~nnvau~~ raayvi CITY LAKE ELSINORE APPROVED AS TO FORM: uvna~ n. aae~u~ra:~. City Attorney CITY OF LAKE -5- ~.1~.Y \.1CLJl CITY OF` LAT~E ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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 llth day of September, 1990, 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 .~ ` ~ M~.ti~ ~ CK LYNN KASAD, C CLERK CITY OF LA E ELSINORE (SEAL) LERK 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. 90-86 of said Council, and that the same has not been amended or repealed. TED: September 12, 1990 _ (^\~ 6 OL VICKI LYN KASAD, CITY C CITY OF E ELSINORE (SEAL) f