HomeMy WebLinkAbout98-091 CC ResolutionRESOLUTION NO. 98-91
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF
THE CITY OF TEMECULA DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION
WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA
(TEMECULA MERCANTILE BUILDING)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City of Temecula is a municipal corporation in the County of
Riverside, State of Califomia.
Section 2. The real property described generally in Section 3 of this Resolution
and more particularly described in Exhibit I of this Resolution ("Subject Property"), is to be
taken for a public use, namely for community facilities in the Old Town Area, and all purposes
necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by
eminent domain by California Constitution Article I Section 19, and California Government Code
Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure
Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410,
1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The Subject Property sought to be taken is located in the City of
Temecula, County of Riverside, State of Califomia, and is identified by Assessors Parcel
Number 922-036-020. The Subject Property sought to be taken is more particularly described
in Exhibit 1 to this Resolution, which are incorporated by this reference.
Section 4. The City Council of the City of Temecula finds and determines that:
A. The acquisition of the Subject Property is required for the Old Town
community facilities ("the Project"). A general description of the Project is set forth in the
Agenda Report dated September 8, 1998 and the reports and documents cited in that Report,
which are all incorporated in this Resolution by this reference.
B. The potential impacts of the acquisition of the Subject Property were
analyzed in connection with the analysis of the Old Town Specific Plan. On February 22, 1994,
the City of Temecula adopted Resolution 94-05 approving a Mitigated Negative Declaration
regarding the Old Town Specific Plan. Notice of determination thereof was duly filed. Pursuant
to California Environmental Quality Act Guidelines 15162, et seq., the findings made in
connection with the said Mitigated Negative Declaration, are the appropriate findings with regard
to the acquisition of the Subject Property. The environmental documentation prepared in
connection with these actions has been duly reviewed and the Council hereby determines that
no significant changes in the Project or in the environment, and no new information had been
obtained which would require further environmental analysis with respect to the acquisition of
the Subject Property. The acquisition of the Subject Property will not have a significant effect on
the environment.
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Section 5. The City Council of the City of Temecula hereby finds and
determines that:
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 the least pdvate injury;
C. The property interests described in Exhibit A is necessary for the
proposed project; and
D. The offer required by Section 7267.2 of the Government Code has made
to the owners of record.
Section 6. The findings and declarations contained in this Resolution are based
on the record before the City Council on September 8, 1998 when it adopted this Resolution,
including the Agenda Repod dated September 8, 1998, all documents incorporated in the
Agenda Report, the testimony at the headng, the records and documents prepared in
connection with the Project, the testimony and evidence presented at headngs related to the
Project, and the public records of the City pertaining to the Project, all of which are incorporated
in this Resolution by this reference.
Section 7. The City of Temecula hereby authorizes and directs Richards,
Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a
court of competent jurisdiction to acquire by eminent domain the property interests described in
this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula this 8th day of September, 1998.
Ron Robarts, Mayor
ATTEST:
~'Susan W Jones CMC
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that
Resolution No. 98-91 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 8th day of September, 1998, by the following
vote:
AYES:
4 COUNCILMEMBERS:
Comerchero, Ford, Lindemans, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
Resos 98-91 3
EXHIBIT A
Legal Description
Lot 4 BIk 27 Town of Temecula
Book: 015 Page: 726 Lot: 04
Resos 98-91 4