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