HomeMy WebLinkAboutResolution - 3855Resolution No, 3855
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
RESOLUTION NO. 3855
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN
CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, LOCATED AT WEST SIDE OF
SOUTH SAN JACINTO AVENUE STREET AT THE TERMINUS OF SHAVER
STREET, SAN JACINTO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
ASSESSOR PARCEL NO.437-190-006, IN RIVERSIDE COUNTY, CALIFORNIA,
FOR THE CITY OF SAN JACINTO SHAVER STREET SIGNAL IMPROVEMENT
PROJECT, IN RIVERSIDE COUNTY, CALIFORNIA
WHEREAS, the City of San Jacinto ("City") proposes to acquire a fee interest in a
portion of real property, located in Riverside County, California, more particularly described
as Assessor Parcel No. 437-190-006, for the City of San Jacinto's Shaver Street Signal
Improvement Project in Riverside, California, pursuantto the authority granted to it 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 March 16, 2021, at 6:30 p.m., at the San Jacinto Unified
School District Chambers, located at 2045 S. San Jacinto Avenue, San Jacinto, Califomia, 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
California 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 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.
Sectiop 2. Public Use. The public use for the fee interest in the property to be
acquired is for The City of San Jacinto's Shaver Street Signal Improvement 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.
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,
L
which describe the general location and extent of the property with sufficient detail for
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Resolution No 3855
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 eompatble with the greatest public
good and least private injury,
(c) The properties defined, described and depicted in Exhibit
W 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 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 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
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
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Rtsolutton No 3955
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.
APPROVED AND ADOPTED the 161' day of March, 2021 by the following vote:
AYES:
Ledezma, Hawkins, Ayala, Ruiz, Lopez
MAYS:
None
ABSENT:
None
ABSTAIN:
None
C)TY OF SAN JACINTO:
hiil h 2 0 —1— /' d... i?_�
lonso Ledezma, Mayor n:!�
ATTEST:
Mabila'afton, City Clerk
APPROVED AS TO FORM:
BEST BES & KRI GER LLP
Michael J. Maurer, City Attorney
L, Page 3 of 5
Resolution No, 3855
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF SAN JACINTO)
CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify that the
foregoing Resolution No. 3855 duly adopted by the City Council of the City of San Jacinto
at a regular meeting thereof, held on the 16th day of March, 2021, by the following vote
of Council:
AYES:
Ledezma, Hawkins, Ayala, Ruiz, Lopez
NAYS:
None
ABSENT:
None
ABSTAIN:
None
WITNESS MY HAND AND OFFICIAL SEAL the 16th day of March, 2021.
'5�! "' g,
AntWa ton, City Clerk
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Resolution No 3855
Leval 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.
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