HomeMy WebLinkAboutResolution - 2578 STATE OF CALIFORNIA ) RESOLUTION NO. 2578
�► COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO DECLARING THAT THE ACQUISITION OF A FEE
INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, MORE
PARTICULARLY DESCRIBED AS APNS 431-240-012; 431-240-013;
431-250-011; 431-24-026; 431-250-012; 431-250-013; and 431-250-
0142 BY EMINENT DOMAIN IS NECESSARY FOR THE WIDENING
AND IMPROVEMENT OF THE WEST SIDE OF WARREN ROAD
AND RELATED PUBLIC INFRASTRUCTURE IMPROVEMENTS IN
SAN JACINTO, CALIFORNIA
WHEREAS, the City of San Jacinto (the "City") proposes to acquire a fee
interest in a portion of certain real property located on the west side of Warren Road,
in the City of San Jacinto, California, more particularly described as APNS 431-240-
012; 431-240-013; 431-250-011; 431-240-026; 431-250-012; 431-250-013; and 431-
250-014, for purposes of the widening and improvement of the west side of Warren
Road and related public infrastructure improvements, in San Jacinto, California,
pursuant to the authority granted to it by section 37350.5 of the California
Government Code and
WHEREAS, pursuant to section 1245.235 of the California Cade of Civil
Procedure, the City scheduled a public hearing for Thursday, August 19, 20045 at
7:00 p.m., at 2045 South San Jacinto Avenue, San .Jacinto, California, and gave to
each person whose property is to be acquired and whose name and address
appeared on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in
section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the City and each person whose
property is to be acquired by eminent domain was afforded an opportunity to be
heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to
section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND
DECLARE AS FOLLOWS:
Section 1. Compliance with California Code of Civil Procedure. There
has been compliance by the City with the requirements of section 1245,235 of the
California Code of Civil Procedure regarding notice and hearing
Section 2. Public Use. The public use for which the real property is to be
acquired is for the widening and improvement of the west side of Warren Road, in
San Jacinto, California. Section 37350.5 of the California Government Code
authorizes the City to acquire by eminent domain real property necessary for such
r.. Purposes.
Section 3. Description of Property. Attached and marked as Exhibit "A" is
the legal description and plat map of the real property to be acquired by the City,
which describes the general location and extent of the property to be acquired with
sufficient detail for reasonable identification.
Section 4. Findings. The City hereby finds and determines each of the
following:
(a) The public interest and necessity require the proposed project;
(b) The proposed project is planned or located in the manner that will be
most compatible with the greatest public good and least private injury;
(c) The real property described in Exhibit "A" is necessary for the
proposed project; and
(d) The offer required by section 7267.2 of the California Government
Code was made.
Section 5. Use Not Unreasonably Interfering with Existing Publi_ c
Uses Some o- all of the real property to be acquired is subject to easements and
Fights-of-way appropriated to existing public uses. The legal descriptions of these
easements and rights-of-way are on file with the City and describe the general
location and extent of the easements and rights-of-way with sufficient detail for
reasonable identification. In the event the herein described use or uses will not
unreasonably interfere with or impair the continuance of the public use as it now
exists or may reasonably be expected to exist in the future, counsel for the City is
authorized to acquire the real property subject to such existing public use(s)
pursuant to section 1240.510 of the California Code of Civil Procedure-
Section 6. More Necessary Public Use. Some or all of the real property to
be acquired is subject to easements and rights-of-way appropriated to existing public
uses. To the extent that the herein described use or uses will unreasonably interfere
with or impair the continuance of the public use as it now exists or may reasonably
be expected to exist in the future, the City finds and determines that the herein
described use or uses are more necessary than said existing public use. Counsel
for the City is authorized to acquire the real property appropriated to such existing
public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure.
Staff is further authorized to make such improvements to the real property being
acquired that it determines is reasonably necessary to mitigate any adverse impact
upon the existing public use.
Section 7. Further Activities. Counsel for the City is hereby authorized to
acquire the hereinabove described real property in the name of and on behalf of the
�ftw City by eminent domain, and counsel is authorized to institute and prosecute such
legal proceedings as may be required in connection therewith. Legal counsel is
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further authorized to take such steps as may be authorized and required by law, and
�- to make such security deposits as may be required by order of court, to permit the
City to take possession of and use said real property at the earliest possible time.
Counsel is further authorized to correct any errors or to make or agree to
non-material changes in the legal description of the real property that are deemed
necessary for the conduct of the condemnation action or other proceedings or
transaction required to acquire the, suhject real property.
Section 8. Effective Date. This Resolution shall take effect upon adoption.
APPROVED AND ADOPTED at a regular meeting of the San Jacinto City
Council this 19th day of August, 2004, by the following vote:
Ayes: Carlson-Buydos, Conner, Shaw, Ayres
Nays: None
Absent: Stubblefield
Abstain: None
City of San Jacinto
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b J Ayres. ayor
ATTEST:
€7 rothy L. Cho inard, City Clerk
APPROVED AS TO LEGAL FORM:
C y Attorney .
Best Best & Krieger LLP
N,l,c3of3
CERTIFICATION
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I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, California, and Ex-
Cfficio Clerk of the City Council, do hereby certify that the foregoing Resolution No.
2578 is the actual resolution duly and regularly adopted by the City Council at a
regular meeting thereof, held on the 19th day of August, 2004, by the following vote
to wit:
Ayes: Carlson-Buydos, Conner, Shaw, Ayres
Nays: None
Absent: Stubblefield
Abstain: None
Witness my hand and official seal this 201h day of August, 2004.
avo�"I- CGS /
Do othy L. Cho inard, City Clerk
City of San Ja nto
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