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Home My WebLink About04-032 CC Resolution I I I RESOLUTION NO. 04.32 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution, namely the "Covenants, Conditions, and Restrictions" that encumber and which prohibit the improvement of the aforementioned Subject Property Interests with the proposed Project's realignment and improvement of Diaz Road ("Project"), are to be taken for a public use and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510,1240.610, 1240.650, and other provisions of law. Section 3. The real property interest the City seeks to acquire are the "Covenants, Conditions, and Restrictions" that encumber and which prohibit the improvement of the aforementioned Subject Property Interests with the Project as proposed on the property commonly known as Parcel 1 & 2 of Parcel Map No. 19580, City of Temecula, and identified as Assessor's Parcel Number ("APN") 921-020-075 ("Subject Property Interests.) The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the portion of the fee interest on APN 921-020-075 is shown on Exhibit "A." The Subject Property Interests are required for the construction, realignment, and improvements of Diaz Road, which is a public use. Section 4. The Project is consistent with the City's General Plan, adopted on November 11, 1993. The Project would realign and improve Diaz Road westerly from its existing alignment, beginning at Rancho California Road, and extending until Rancho Way. Specifically, the proposed Project provides the means for more efficient multidirectional vehicular traffic flow at the intersection of Diaz Road and Rancho California Road, and at the intersection of Diaz Road and Rancho Way. These improvements will further the public health and safety by ensuring adequate traffic circulation in this area and, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General Plan. The Project is also necessary to meet the demands of anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. R:/Resos 2004/Resos 04-32 I I I Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption of a Negative Declaration on November 12, 2002. A Resolution of the City Council of the City of Temecula Certifying the Negative Declaration, and adopting the findings pursuant to the California Environmental Quality Act. The City Council also determined that the Project and related actions would not have a significant impact on transportation and circulation in the City. The City Council reviewed and considered the Negative Declaration to be in conformance with the General Plan, and found that the Negative Declaration is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Negative Declaration reflects the independent judgment of the City Council. Accordingly, the City Council certified the Negative Declaration based on the following findings and conclusions: A. B. Findings. No significant impacts. Conclusions. No significant impacts. All of the environmental documentation prepared in connection with the adoption of a resolution concerning the Negative Declaration, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on February 24, 2004, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the General Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the General Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. The City Council of the City of Temecula hereby finds and determines that: A. B. The public interest and necessity require the Project; The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and The City made the offer required by section 7267.2 of the Government Code to the owners of record. C. D. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on February 24, 2004, including the Agenda Report R:/Resos 2004/Resos 04-32 I dated February 24, 2004 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, the City's General Plan, and Development Code. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of March 2004. ATTEST: ~ I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-32 was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16th day of March, 2004, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None I R:/Resos 2004/Resos 04-32 . ) I EXHIBIT A All conditions. çoycnants and restrictions encumbering Parcell and 2 of Parcel Map 19580, City ofTemecula, California. Said conditions, covenants and restrictions encumbering Parcell and 2 ofParce] Map 19580 iIre iciën1ifiecl, aiId incorporated by this herein rcferenc'e, in the ~ocument titled "Declaration for Protective Covenants for Rancho California Business Park. an fndustriaVCommercial Business Parlc," as recorded in thc Official Records of Riverside County, California, Document No. 237558, record date November 2, 1984, and including any and all amendments to the aforementioned "DccliU'Btion for Protective Covenants" thereafter. I 1108610130nS6996.1 I Exhibit A .., ' "";'"..jþ:"""""l!':"~"""-~;"""""i;!."";;;""":"",;¡~"",,,_:'-,,,.:';'"'~"""":;"';¡' '-", """"""".""""'i'1j'¿"Y~"";¡~>1'¡'.,.". ~~~ï)ft~~T ,n.., , , --- I I I- ~ ':¿ < ~ ::J - <:( Lu Q:: C) <:( 0 Q:: N <:( ã , ' , I I, I ! II Exhibit B