HomeMy WebLinkAbout92-41 CC ResolutionRESOLUTION NO. 92-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
FINDING AND DETEl~IINING THAT THE PUBLIC INTEREST, CONVENIENCE
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR
PUBLIC PARK AND RECREATIONAL PURPOSES AND ALL USES
APPURTENANT THERETO FOR PROPERTY LOCATED AT THE SOUTH SIDE
OF MARGARITA ROAD, EAST OF STONEWOOD ROAD, WITHIN THE CITY
OF TEMECULA, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council of the City of Temecula (hereinafter "City") hereby finds,
determines and declares as follows:
1. That the public interest, convenience and necessity require the approval as a
project of the acquisition by said City of the fee interest in and to certain hereinafter described real
property ("Property") for public park and recreational purposes and all uses appurtenant thereto;
2. That the project is planned or located in the manner that will be most compatible
with the greatest public good and least private injury;
3. That the taldng of the interest in and to the Property as above described is
necessary to such use and is authorized by Section 19, Article I of the California Constitution,
Section 38000 et. seq. and 37350.5 of the California Government Code, Section 1230.010 et.
seq., of the California Code of Civil Procedure, and other applicable law;
4. That the offer to purchase required by California Government Code Section
7267.2 has been made to the owner of the Property to be acquired by the City and that said offer
was rejected by the Property owner.
SECTION 2. The City hereby declares that it is the intention of the City to acquire said
Property in its name in accordance with the provisions of the laws of the State of California with
reference to condemnation procedures.
SECTION 3. That if any of the subject property has been appropriated to some public
use, the public use to which it is to be applied is a more necessary and paramount public use.
SECTION 4. Said Property hereinabove referred to, the acquisition of which is required
by said public interest, convenience and necessity for the purposes set forth in Section One hereof,
92-41 - 1 -
is located in the City of Temecula, County of Riverside, State of California, and is more
particularly described in Exhibit "A~ which is attached hereto and incorporated herein by
reference and made a part hereof. A map showing the general location of the Property sought to
be acquired in this proceeding is marked Exhibit ~B" attached hereto and incorporated herein by
reference and made a part hereof.
SECTION 5. The City Attorney and the firm of Burke, Williams & Sorensen, as special
counsel, under the direction of the City Attorney, are authorized and directed to prepare, institute
and prosecute in the name of the City such proceedings in the proper Court having jurisdiction
thereof as may be necessary for the acquisition of said Property described in Section 4.
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
SECTION 7. This Resolution shall be effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED, this 26th day of May, 1992.
Patricia H. Birdsall, Mayor
ATTEST:
/~~. Greek, City Clerk
[SEAL]
l~ao~ 92-41 -2-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution No. 9241 was duly adopted by the
City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of May,
1992 by the following vote:
4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mufioz
Re,os 92-41 -3-
EXHIBIT "A"
Lot 14 of Tract 3334 in the City of Temecula as recorded in Book 54, Pages 25 through 30, of
maps, as recorded in the office of the Riverside County Recorder. (APN//921-300-006)
EXHIBIT B
VICINITY MAP