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HomeMy WebLinkAboutCC Reso No 1990-097RESOLDTION NO. 40~97 RESOLDTION OF THL CITY COUNCIL OF THE CITY CODNCIL OF THE CITY OF LARE SLSINpgg~ RIVERSIDB COIINTY, CAISFORNIA SETTING TIME AND PLACE FOR PIIBLIC ~?nR'rxG ON TH8 ADOPTION OF A RESOLDTION OF NECESSITY TO ORDER THE ACQIIISITION OF CERTAIN PROPffi2TY BY ffiiINENT 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 sea, 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: EXHIBIT B 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 af 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 PLACE TUESDAY, ELSINORE SCHOOL DISTRICT O~TOBER 23, 1990.. BOARD OF EDUCATION 7:00 P.M. MEETING ROOM 545 Chaney Street Lake Elsinore, California 92330 Section 4. That each person owning or claiming a right in sa.id 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 wiil 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 ~ day of ~)~~,.p,~ , , 1990. .~.u.~ ~,.,..L.,...., .~.~Y..~ Citv f Lake Elsinore City Attorney City of Lake -3- City of Lakz Elsinore APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE _~ Vicki L. Kasad , CITY CLERK of the City of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 90'97 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 City Council meeting of said City Council held on the 9th day of October , 1990 and that the same was passed and adopted by the following vote: AYES: COUNCILMEMBERS BUCK, DOMINGUEZ, STARKEY, A~INKLER, WASHBURN NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMSERS NONE ABSTAIN: COUNCILMEMBERS NONE EXECUTED this lOth day of at Lake Elsinore, California. [SEAL] October , 1990, d, , ~,~1~.~('J City Clerk City of Lake Elsinore State of California -4- (LE#13/Resoi/p.i-4)