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HomeMy WebLinkAboutCC Reso No 1990-087RESOLDTION NO. 90'$~ RESOLDTION OF THE CITY COIINCIL OF THE CITY CODNCIL OF THE CITY OF I~ARE S[SINORE, RIVSRSIDE COONTY, CALIFOItNIA SERTING TIP~ ~ND PLACE FOR PIIBLIC ~AR~G ON THE ADOPTION OF A RESOLDTION OF NECESSITY TO ORDER THE ACQDISITION OF Cffi2TAIN PROPERTY BY ENIINENT DOMAIN WHEREAS, the City of Lake Elsinore and the City Council intend to undertake a certain project generally described as follows: Acquisition of property for the construction of sewer line facilities. HEREINAFTER called "Project"; and, WHEREAS, in order to accomplish said project, it appears necessary to acquire certain property, hereinafter called "Subject Property"; and, WHEREAS, the City Council desires to fix a time and place for a public hearing on the matter of the adoption of a Resolution of Necessity to acquire said subject property by eminent domain, pursuant to Sections 1245.210 et seq. of the Code of Civil Procedure; and, WHEREAS, this City Council has received, considered and ordered filed in the office of the City Clerk a copy of a proposed Resolution of Necessity to acquire said subject property by eminent domain: 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 the acquisition of said subject property appears necessary to accomplish said project and that a proper and legal description of said subject property is set forth in said proposed Resolution of Necessity, a copy of which is on file in the office of the City Clerk. Section 3. That the City Council hereby calls a hearing on the matter of the adoption of said Resolution of Necessity to acquire said subject property by eminent domain at the time and place specified as follows: DATE AND TIME TUESDAY, SEPTEMBER 25, 1990 7:00 P.M. PLACE ELSINORE SCHOOL DISTRICT BOARD OF EDUCATION MEETING ROOM 545 Chaney Street Lake Elsinore, California 92330 Section 4. That each person owning or claiming a right in said subject property to be acquired by eminent domain shall be given a reasonable opportunity to appear and be heard at said public hearing on the matter specified as follows: (a) That the public interest and necessity requires the project; (b) That the project is planned or located in the manner that will be most compatable with the greatest public good and least private injury; and -2- (c) That the property sought to be acquired is necessary for said project. Section 5. That, pursuant to Section 1245.325 of the Code of Civil Procedure, the City Clerk is hereby authorized and directed to give mail notice of said public hearing, within fifteen (15) days prior thereto, first class and postage prepaid, to each person owning or claiming a right to said subject property proposed to be acquired by eminent domain and whose name and address appears on the last equalized County Assessment Roll. Section 6. That, for further particulars, reference is made to said proposed Resolution of Necessity on file in the office of the City Clerk and to Section 1245.235 of the Code of Civil Procedure and the Sections related thereto. APPROVED AND ADOPTED this llth day of September , 1990. . ., ~j.._ Lake Elsinore APPROVED AS TO FORM: City Attorney ~ City of Lake Els -3- City of T,alee 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 meetinq 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 ~ I T~YN E~, CITY CLERK CITY OF KE 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 HEREBY CERTIFY that the above and foregoing is a full, true and correot copy of Resolution No. 90-87 of said Council, and that the same has not been amended or repealed. : September 12, 1990 ~ VICKI LYN~ IC~SAD, CITY QLERK CITY OF LA E ELSINORE (SEAL) ~