HomeMy WebLinkAboutResolution - 3459 STATE OF CALIFORNIA ) RESOLUTION NO. 3459
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO FOR THE ACQUISITION OF PERMANENT
DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT INTERESTS IN A PORTION OF CERTAIN REAL
PROPERTY LOCATED AT OR NEAR THE SOUTHEAST CORNER OF
NORTH STATE STREET AND COMMUNITY COLLEGE DRIVE, IN SAN
JACINTO, CALIFORNIA, AND MORE PARTICULARLY DESCRIBED
AS ASSESSOR PARCEL NO. 433-270-0309 BY EMINENT DOMAIN, IS
NECESSARY FOR PUBLIC RIGHT-OF-WAY AND THE
CONSTRUCTION OF A PIPELINE AND RELATED INFRASTRUCTURE
IMPROVEMENTS IN THE CITY OF SAN JACINTO, RIVERSIDE
COUNTY, CALIFORNIA
WHEREAS, the City of San Jacinto (the "City") proposes to acquire permanent
drainage easement and temporary construction easement interests in certain real
property located at or near the southeast corner of North State Street and Community
College Drive, in San Jacinto, California, and more particularly described as Assessor
Parcel No. 433-270-030, by eminent domain, for public right-of-way purposes and the
construction of a pipeline and related infrastructure improvements, in the City of San
Jacinto, California, pursuant to the authority granted to it be by Section 37350.5 of the
California Government Code; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil
Procedure, the City scheduled a public hearing for Tuesday, February 19, 2013, at
7:00 p.m. at the San Jacinto City Hall, Council Chambers, 625 S. Pico 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:
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SECTION 1. Compliance with California Code of Civil Procedure and California
Environmental Quality Act. There has been compliance by the City with the
requirements of Section 1245.235 of the California Code of Civil Procedure and the
California Environmental Quality Act.
SECTION 2. Public Use. The public use for which the real property is to be
acquired is for public right-of-way purposes and the construction of a pipeline and
related public infrastructure improvements, in Riverside County, California. Section
37350.5 of the California Government Code authorizes the City to acquire by eminent
domain real property necessary for such purposes.
SECTION 3. Description of Property. Attached and marked as Exhibit "A" is the
legal description and depiction 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" are necessary for the proposed
project;
(d) The offer required by section 7267.2 of the California Government Code
was made.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use(s).
Some or all of the real property to be acquired is subject to easements and rights-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
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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 file
legal proceedings necessary to acquire the hereinabove described real property in the
name of and on behalf of the 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 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 subject real property. Counsel is further authorized
to reduce or modify the extent of the interests or property to be acquired so as to reduce
the compensation payable in the action where such change would not substantially
impair the construction and operation for the project for which the real property is being
acquired.
SECTION 8. Effective Date. This Resolution shall take effect upon adoption.
The City Clerk of the City of San Jacinto shall certify as to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the
following vote:
AYES: Kotyuk, Ledezma, Miller, Ruiz, Bartel
NAYS: None
ABSTAIN: None
ABSENT: None
City of San Jacinto
Mark Bartel, Mayor
ATTEST-
I ;a4"JJL
Ric and Miller, City Clerk
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ATTEST:
I, Richard Miller, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that
Resolution No. 3459 was duly adopted by the City Council of said City and was
approved by the Mayor of said City at a regular meeting of said City Council held on the
19th day of February, 2013, and that it was adopted by the following vote, to-wit:
AYES: Kotyuk, Ledezma, Miller, Ruiz, Bartel
NAYS: None
ABSTAIN: None
ABSENT: None
2j'lt�rec�
Richard Miller, City Clerk
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