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
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(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
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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
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(LE#13/Resoi/p.i-4)