HomeMy WebLinkAboutResolution - 3677 STATE OF CALIFORNIA ) RESOLUTION NO. 3677
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE
INTEREST IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN,
LOCATED AT 559 S. SAN JACINTO AVENUE AND 564 SHERIFF
AVENUE, SAN JACINTO, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS ASSESSOR PARCEL NOS. 437-076-003 AND
437-076-005, IN RIVERSIDE COUNTY, CALIFORNIA, FOR THE CITY
OF SAN JACINTO LIBRARY UPGRADE PROJECT, IN RIVERSIDE
COUNTY, CALIFORNIA
WHEREAS, the City of San Jacinto ("City") proposes to acquire a fee interest in
certain real property, located in Riverside County, Califomia, more particularly described as
Assessor Parcel Nos. 437-076-003 and 437-076-005, for the City of San Jacinto's
Library Upgrade Project in Riverside, California, pursuant to the authority granted to it by
section 37350.5 of the Califomia Government Code; and
WHEREAS, pursuant to section 1245.235 of the Califomia Code of Civil Procedure,
the City scheduled a public hearing for September 5, 2017, at 6:30 p.m., at the San Jacinto
Unified School District Chambers, located at 2045 S. San Jacift Avenue, San Jacinto,
California, 92583, 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 Califomia Code of Civil Procedure; and
WHEREAS, said hearing has been held by the City, and the affected property
owners were 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 Califomia Code of Civil Procedure;
NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE
AS FOLLOWS:
Section 1. Compliance with Califomia Code of Civil Procedure. There has been
compliance by the City with the requirements of section 1245.235 of the Califomia Code of
Civil Procedure regarding notice and hearing.
Section 2. Public Use. The public use for the fee interest in the property to be
acquired is for The City of San Jacinto's Library Upgrade Project in Riverside, California.
Section 37350.5 of the Califomia Government Code authorizes the City to acquire, by
eminent domain, property necessary for such purposes.
2443 8.10096\293 848 83.1
Section 3. Description of Property. Attached and marked as Exhibit"A° are the
legal definitions, and legal description, respectively, of the interest to be acquired by the City,
which describe the general location and extent of the property 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 properties defined, described and depicted in Exhibit
"A"are necessary for the proposed project; and
(d) The offers required by section 7267.2 of the California
Government Code was made.
Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or
all of the real property affected by the interest 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 herein
described 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 affected
by the interest 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 4 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 herein described real property appropriated to such
existing public uses pursuant to section 1240.610 of the California Code of Civil
Procedure. Staff is further authorized to make such improvements to the affected
real property that it determines are 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 City by
244 3 8.1009 6\293 848 8 3.1
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 transactions 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.
PASSED, APPROVED and ADOPTED this 19'h day of September, 2017 by the
following vote:
AYES: Ledezma, Kotyuk, Ruiz, Utz
NAYS: None
ABSENT: None
ABSTAIN: Miller
CITY OF SAN JACINTO
Scott Miller, Mayor
ATTEST:
�C� ;I
IL k-
gel r
, Cfy Clerk
APPROVED AS TO FORM:
BEST, BEST&KRIEGER
41
Z 4-- --
Michael J. Maurer, City Attorney
2443 8.10096\29384883.1
CERTIFICATION
State of California )
County of Riverside) ss
City of San Jacinto)
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3677 was duly adopted at a regular
meeting of the City Council of the City of San Jacinto on the 19th day of September
2017.
Witness my hand and seal the 19th day of September 2017.
PofS!anItJacintoy
on, Ci Clerk
C 2443 8.1009 b1293 848 83.1
Exhibit "A"
Legal Definition
The following is the definition of legal rights to be acquired by the City of San Jacinto:
"Fee," also known as fee simple or fee simple absolute, grants to the City of San Jacinto
absolute ownership of the property.
24438.100951293854422I
Legal Description
All that real property situated in the County of Riverside, State of California; the North 25 feet of
Lots 6, 7, 8, 9 and 10 in Block 21 of the Map of the Town of San Jacinto as shown by Map on
file in Book 7, Page 329 of Maps, San Diego County Records
Assessor Parcel Nos.: 437-076-003; 437-076-005
24438 I GOW29385422 1