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Home My WebLink AboutCC Reso No 1990-096RESOLDTION NO. 40-96 RESOLDTION OF THE CITy Cpi~CIL OF '1'Hy CITy OF LAgE F.LSINORE. RIVERSIDE COIINTy. CALIFORNIA~ DESQtIBING A CERTAIN PROJSCTi MARING A STATIIyENT OF TH8 PDBLIC IISE FOR WHICH CERTAIN pgOPERTIES TO BE T~ ~p REFE[tENCE TO STATUTORY AUTHORITY TO ACQ~IRE SAID PROPERTY BY EMIN~ DpM~p~ DESCRIBING THE G LOCATION AND ~~•r OF SA~D PROPERTy Tp BE TAKEN; DECI~ARING gipp~gg ~ DB.j,~NATIONS ON TgE ppg~C INTERSST AND IdECLrSSITY FOR SAID PROPERT7C; AD'PHORIZING 2lND DIRECTING EMIpg,NT DpZ~AIN PROCEEDINGS TO BE CO1~Il~ffi1CED IN SIIPERIOR COIIRT TO ACQt1IRE SAID ~~P~~ ~~~~G APPI.ICATION FOR pOSSESS20N OF SATD PROPffi2TY PRIOR TO JUDG~i AND PIAKING p~ D~'~NATIONS 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 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 Pro_ ce~ e~ 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 9.ame 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 publia intarest and ~ecessity 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- 5ection 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 24th day of October , 1990. ~~ ~~ , GARY SHBURN, Mayor CITY~ LARE ELSINORE APPROVED AS TO FORM: JOHN R. HARPE: City Attorney CITY OF LAKE , -5- CITY OF LAKE ~LSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Vicki Kasad , CITY CLERK of the City of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90-96~ was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the reaular meeting of said City Council held on the 24th day of October , 1990, and that the same was passed and adopted by the following vote: AYES: COiJNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE ABSTAIN: COUNCILMEMBERS : NONE EXECUTED this 24th day of October , 1990, at Lake Elsinore, California. City of Lak~ Elsinore ~ State of California [SEAL] -6- (LE#13/Reso2/p.l-6) REV. 7/5/90 PARCEL 'RR1' PAGE 2 OF 2 DC/GD/SB ROAD; THENCE AIANG SAID NORTHERLY RIGHT-OF-WAY LINE AND WESTERLY AIANG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF O1°19'23" A DISTANCE OF 68.35 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.336 ACRES - MORE OR LESS. THE ABOVE DESCRIBED EASEMENT LIES WITHIN THE BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN DEED RECORDED FEBRUARY 14, 1983 AS FILE N0. 83-027590 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART THEREOF. ~' NE 1/~ N~ J/~J~ S~C. 3 75S. R. ~11N. S.S.IvI. il p ~$~ ~ i~ Iw I U~ -aa Q y '~~°w w U~ ti G ~ ~ I eas• > ~ ~ CJVJL.O'KNLACN/(/!/QfAJEN[N7i.GMfO ~ ASq'/IICd/utYar.vNfps[wGiwnWl MCTEAGUE .1E[ AWW710,/97! W Ooqf /.9~J. M&' .CV-l77. S~ i/~ N~ 1/^. 5~~. 10 765. 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CITY Oi t/.RE El6~xON6 C~L60FxiA ~f~ ,~s: ~ P ,~r« ~r~. ~,.,~~o,~= _ imo scwo •w.cs.rz eou .•: . ~ SI.M p[40 WIOM~ 911M, Ey~~ . {61Y) ]1Y6~:1 IK }N-M1119 .... .... . Y•/ ~•~~ • • ` ~ '~ ~+f Crvi~ ~P J rrau '~~or~u~ ~sa ~ ~ ••• ~'• dt ,"C e.n. ......, ..... ~ ~ ~ ~... / ~/`=~~~` C1 ACCESS ROAD EASEMENT AND GENERAL UTILITY FOR E.V.M.W.D. PARCEL "RR 1" (McTeague) ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF.SECTION 10; THENCE NORTH 00°OS'38" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 237.99 FEET TO THE NORTHERLY RIGRT-OF-WAY OF RAILROAD CANYON ROAD AS SHOWN ON RIGHT-OF-WAY MAP 30X ON FILE IN THE OFFZCE OF THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT BEING ON THE ARC OF A 1960.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 12°55'09" EAST; THENCE"ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE, EASTERLY THROUGH A CENTRAL ANGLE OF 19°OS'38" A DISTANCE OF 653.18 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°44'31" EAST, 153.40 FEET TO THE BEGINNING OF A TANGENT 2960.,00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 08°24'32", A DISTANCE OF 434.42 FEET TO THE TRUE POZNT OF BEGINNING, A RADIAL FROM SAZD TRUE POINT OF BEGINNING BEARS NORTH 14°35'02" WEST; THENCE LEAVING SAID NORTHERLY.RIGHT-OF-WAY LINE IN A NONTANGENT DIRECTION NORTH 83°47'22" WEST, 85.21 FEET; THENCE NORTH 69°10'46" WEST, 193':86 FEET; THENCE NORTH 59°23'02" WEST, 284.28 FEET MORE OR LESS TO THE SOUTHERLY LINE OF A 20-FOOT SEWER EASEMENT IN FAVOR OF ELSINORE VALLEY MUNICIPAL WATER DISTRICT, RECORDED MAY 10, 1983 AS INSTRUMENT N0. 91732 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE AIANG SAID SOUTAERLY LINE, NORTH 52°41'32" EAST, 26:98 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 59°23'G2" P.AST, 272.00 FEET; THENiE SOU1H 69°10'46" EAST, 188.52 FEET; THENCE SOUTH 83°47'22" EAST, 145.61 FEET TO A POINT ON THE ARC OF A 2960.00 FOOT RADIUS CURVE CONCAVE.NORTHERLY, A RADIAL FROM SAID POINT BEARS NORTH 15°54'25" WEST, SAID POINT BEING ON SAID NORTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD CANYON