RESOLUTION NO. 23-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DECLARING THE WITHDRAWAL OF RESOLUTION OF NECESSITY 20-27 FOR THE ACQUISITION BY EMINENT DOMAIN OF two undeveloped open space parcels located southeast of Avenida Pico, Assessor’s Parcel Numbers 688-011-01 and 688-011-02 WHEREAS, on April 21, 2020, the City Council of the City of San Clemente adopted Resolution No. 20-27, attached to this Resolution as Exhibit A, declaring that “the acquisition of two undeveloped open space parcels located southeast of Avenida Pico, Assessor’s Parcel Numbers 688-011-01 and 688-011-02 (‘Property’), by eminent domain is necessary for use consistent with the property’s general plan and zoning designation, including open space preservation, habitat conservation and mitigation banking (‘Project’);” and WHEREAS, subsequent to adoption of Resolution 20-27, on July 31, 2020 the City filed with the Orange County Superior Court a complaint in eminent domain titled “City of San Clemente v. Emergency Shelter Coalition, et al.” (case number 30-2020-01153535-CU-EI-CXC) the purpose of which was to acquire the Property through the use of eminent domain for the Project; and WHEREAS, in conjunction with the filing of the complaint in eminent domain, a Notice of Pendency of Action (Lis Pendens) was filed and recorded against the Property on August 17, 2020 with the Orange County Recorder’s Office; and WHEREAS, the deposit of probable just compensation for the value of the Property was made with the California State Treasurer on August 27, 2020; and WHEREAS, due to changed circumstances, including, but not limited to, the source and availability of funding for the Project, the City Council desires to withdraw Resolution of Necessity 20-27; and WHEREAS, the City Council desires to halt efforts to pursue the Project for which Resolution of Necessity 20-27 was adopted, making the eminent domain action filed in furtherance of the Project no longer necessary.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve, find and determine as follows:
Section 1. That the foregoing recitals are true and correct and are incorporated herein.
Section 2. That Resolution of Necessity 20-27, attached hereto as Exhibit A and incorporated herein by this reference, is hereby withdrawn because the Project is no longer feasible given the lack of funding for the Project, which therefore demonstrates that the public convenience, necessity, and the best interests of the residents of the City of San Clemente will be served by a withdrawal of the Resolution, dismissal of the complaint in eminent domain and abandonment of the Project at this time.
Section 3. That staff is authorized and directed to withdraw the Notice of Pendency of Action (Lis Pendens) and seek the release of the funds on deposit with the California State Treasurer.
Section 4. That staff is authorized and directed to take those actions that are necessary and proper in connection with dismissal of the eminent domain action and to accomplish the purpose and intent of this Resolution in a timely and expeditious fashion.
Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2023.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-59 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 23- 59 Page 2 ATTACHMENT 1