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HomeMy WebLinkAbout97-015 CC ResolutionRESOLUTION NO. 97-15 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF ~ AMF2~ING RESOLUTION NO. 96-143 (ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS THE GABRIEL PROPERTY - APN 922-010-018 FOR PUBLIC PURPOSF~) THAT THE CITY COUNCIL OF THE CITY OF TEMF, CULA DOES I-IF~REBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a general law city in the County of Riverside, State of California. Section 2. On December 3rd, 1996, the City Council of the City of Temecula passed, approved and adopted Resolution No. 96-143. Section 3. Resolution No. 96-143 is a resolution of the City Council of the City of Temecula finding and detennin~g that the public interest and necessity require the acquisition of certain real property (known as the Gabriel Property - APN 922-010-018) for public purposes (First Street Extension and Realignmen0. Section 4. In connection with preparing the appraisal for the offer to the property owner pursuant to Government Code Section 7267.2, the City's appraiser determined that acquisition of the portion of the larger parcel required for the project will leave two remainders that are remnants as defined in California Code of Civil Procedure Section 1240.410 because they are of such a size, shape, or condition to be of little or no economic value to the property owner. Accordingly, the City offered to purchase the entire parcel, comprised of the portion required for the project and the uneconomic remnants, for the fair market value of the entire parcel. Resolution No. 96-143 also provides for acquisition of the entire parcel. Section 2 of Resolution No. 96-143 recites the statutes authorizing the exercise of eminent domain by the City for the subject acquisition. Code of Civil Procedure Section 1240.410, the enabling statute for acquisition of a remnant, was inadvertently omitted from Section 2 of Resolution No. 96-143. That code section must be cited in a Resolution of Necessity when, as in this instance, the acquisition includes acquisition of a remainder because it has been rendered an uneconomic remnant by the "taking" for the project. Section 5. Accordingly, it is necessary to amend Section 2 of Resolution No. 96-143 to include a citation to Code of Civil Procedure Section 1240.410 in the authorizing statutes, and to direct the City Attorney to amend the Complaint in Eminent Domain in Riverside Superior Court Case No. 29054 in accordance with the amendment to Resolution No. 96-143. Section 2 of Resolution No. 96-143 is therefore hereby amended as follows: 1~ao~\97-15 I "Section 2. The property hereinafter described is to be takeo for a public use, namely for public street purposes and all purposes necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecuh to acquire by eminent domain by Government Code Sections 37350.5, 37351, 40401, and 40404 and Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.{510, 1240.650, and 1240.410, and other provisions of law." Section 6. The City of Temecula hereby authorizes and directs the law firm of Richards, Watson & Gershon, as City Attorney, to tak~ all steps necessary in Riverside Superior Court Case No. 29054 in accordance with the foregoing amendment to Resolution No.96-143, including amending the Complaint in Eminent Domain. Section 7. The City Clerk shall certify adoption of this Resolution. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED and ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 11th day of February, 1997. Patricia H. Birdsall, Mayor AT'rEST: CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Re.~lution No. 97-15 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 11th day of February, 1997, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 COUNCILMF~MBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMF~MBERS: Stone June S. Greek, CMC City Clerk