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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