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Home My WebLink About04-033 CC Resolution I I I RESOLUTION NO. 04.33 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, a portion of the fee interest and temporary construction easements in connection with the proposed realignment and improvements 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 is a portion of the fee interest and a temporary construction easement on the property commonly known as 28075 Diaz Road, Temecula, and identified as Assessor's Parcel Number ("APN") 921-040-028 ("Subject Property Interests"). The term of the temporary construction easement is twelve (12) months. 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 921-040-028 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 04-33 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. Findings. No significant impacts. B. 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. C. D. 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. R:/Resos 2004/Resos 04-33 2 I 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 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 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-33 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 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washinton, Naggar NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None ABSTAIN; o COUNCILMEMBERS: None I ~,~'L nes, CMC City Clerk R:/Resos 2004/Resos 04-33 3 I I I , . ., EXHIBIT "A" LEGAL DESCRIPTION FOR RIGHT -oFoWAY DEDICATION DIAZ ROAD BEING A PORTION OF BLOCK 2 OF lHE PAUBA IMD AND WATER COMPANY'S SUBDIVISION OF THE TEMECULA RANCHO IN THEaTY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, N3 . SHO'NN BY MAP ON ALE IN IlOOK 11, PAGE fJJ7 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CAlIFORNIA BEING MORE PARTICULARLY DESCRIBED N3 FOLlONS: BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, N3 SHOWN ON A MAP ALED IN BOOK 154 AT PAGES 92 THRouGH 96, RECORDS OF RIVERSIDE COUNTY, CAUFORNIA, oSAJD POINT BEING ON THE WESTERLY RIGHT .()F-WAY OF DlAZ ROAD; THENCE SOUTH <47.01'03" WEST, 134.57 FEET ALONG THE NORTH UNE OF SAID PARCEL 1 TO THE . BEGINNING OF A NON-TANGENT CURVE, CONcAVE TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS SOUTH 76.19'29" EAST; . THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAl ANGLE OF 32.06'51., AN ARC LENGTH OF 448.40 FEET TO A POINT ON SAID WESTERLY RIGHT-oF-WAY OF DlAZ ROAD, A RADIAL UNE THROuGH SAID POINT BEARS NORTH 71.33'39" EAST; THENCE SOUTH 18.26'21. EAST, 369.39 FEET ALONG SAID WESTERLY RIGHT .oF-WAY OF DIAZ ROAD TO THE POINT OF BEGINNING. CONTAINING 13,363.<433 SQUARE FEET OR 0.307 ACRES MORE OR LESS. THE DESCRlPTIONALSQ BEING SHOWN ON THE ATTACHED "EXHIBIT B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: ~V 4?/;ftz . BRIAN 0, , . PROFESSIONAL IMD SURVEYOR NO. 7171 EXPIRES 12~1-2003 pege 1 of1 ~16,2002 BY: R Pisa CK'D BY: B. FGlC . f-<::\My Documenls\legaI\Dlaz ROIl Exhibit A '. I I I EXHmIT "A.I" LEGAL DESCRIPTION TEMPORARY CONSTRUCI'ION EASEMENT DIAZ ROAD BEING A PORTION OF BLOCK 2 OF THE PAUBA LAND AND WATER. COMPANY'S SUBDMSION OF THE lEMECULA RANCHO IN THE CITY OF lEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY . MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA BEING MORE PARTICULARLY DESCRIBED A$ FOLLOWS: . BEGINNING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580, AS SHOWN ON A MAP FILED IN BOOK 154 AT PAGES 92 TIiROUGH 96, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON THE WESTERLY luGIIT-OF-W A Y OF DIAZ ROAD; THENCE sourn 47"01'03" WEST, 134.57 FEET ALONG THE NORTH LINE OF SAID PARCEL 1 TO THE BEGINNING OF A NON-TANGENT CURVE, CONCA VB TO THE WEST, HAVING A RADIUS OF 800.00 FEET, A RADIAL LINE TIiROUGH SAID POINT BEARS NORTH 76019'29" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; TIIENCE NORTH 76019'29" WEST, 40.25 FEET ALONG SAID RADIAL LINE TO . THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 760 FEET, THENCE NORTHERLY ALONG SAID CURVE TIIROUGH A CENI'RAL ANGLE OF 17020'59", AN ARC LENGTH OF 225.74 FEET. THENCE ALONG A RADIAL LINE BEARING NORTH 86019"32" EAST, 40.00 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 800.00 FEET; TIIENCE SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 800.00 FEET TIiROUGH A CENTRAL ANGLE OF 17020'59", AN ARCLENGTH OF 242.25' FEET TO THE TRUE POINT OF BEGINNING. . . CONTAINING 9,359.67 SQUARE FEET OR .215 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATIACHED "EXHIBIT B-1" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: . .~;U- RONALD 1. PARKS DEPUTY DIRECTOR OF PUBUC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 R:'CIP\PR~"%N.epIDescripcioDS\PLATJ075Diaz.doc Exhibit A ..,........ , ' EXHIBIT "d" .... ~.~ . :,.;.~ ] :~ I 6 \.=__ -- ~ " \ \ """ SCALE IN FEET "\ S 1- .. 200' " / 'fd'" ", / ~ :: l' .,~' , I:!! '. ' , PORlION .BLoa< 2 Of' q 0 \ ~ _~. PAUBA LAND " WATEREr-: 't \ . co. SUB. II.B. 11/507 - il>. 'll IEOOIlS (f SAN IGl co. . 0 '- '< ~~~~A~ . q II.Y IIOST c:alIIER CF . ).. ',: '"'' .' ,~~~l , . PNlCELl CF PNlCELIIAI' I- " '.'''''' . ~'~, . 185llO (l'loll54/n-IG)' _.. .....~~ 0" ~ I , - RO~t) - RANCHO - - -- - --- --~ PREPARFn FOR, CITY OF TEJ.Ecu..A 43200 BUSINESS PARK Oft. lEMECULA. CA m90 (909) 69+-6411 PREPARED BY: ~vrfHl CPrDJ :~~ J A'Ht/#Um .IIa 'SUR~/GPS . .PlANNERS 151 South Gi'Grd Street. Hemet, Co 925<<. (909) 652-<<5- FAX (909) 766-8942 [-MAIL kbcozod.com I m="~ nwNFR~ JOHN Ie MARlL'iN HAMPTON 2352 CASlTAS DB. SOl. FAl.l..BROOI<, CA 112028 760 451-0421 . . 7) 7, ~z. Exhibit B n. name F: \OI05lOO\I'lA1VlA10l.l1'l I <( -.J ::> () Lu ~ ~ LL o >- I- - () I LINE TABLE NO. IllRECIION 11 N 86"19'32" E 12 S 76'19'29" E CURVE TABLE NO. DELTA RADIUS Cl lT2O'59" 800.00' C2 lT2O'59" 760.00' ~ ~~ .... I Rt\NCHO - - RECORD OWNFR: JERRY R. MORTER HID UNDA C. MORTER PREPARm BY: QTY OF TEMECULA <43200 BUSINESS PMK DR. TEMECUlA" CA 92590 (909) 694-6411 DISTANCE 40.00' 40.25' lENGTH 242.25' 225.74' o --- EXHIBIT 6 ~ SCALE IN FEET / '.'/' / / APN 921-040-028 PORlION BLOCK 2 Of PAUllA IJ.NO . WAltR co. SUB. ...8. 11/507 _ IF SIN IlGIl co. ..&-' \ ~~,~~\\"~ ~~. ,,,,,., \ ~~. \;ATJFQ!!Nl~ - - "3-1" \ ~ ' lEGENl POROOH IlEIlG 0Esam \ <;2. ~ NlfA E 9359.67 SQUIRE FEET ~ OR .215 ICRES. MORE OR lESS t-'\ \ \ ~ \ ~\~ J. 11 \~ \ \\t.. NLY IIlST COONER OF PARCEL 1 OF PAACa IIN' 19580 (PM 154/92-96) 7 I / ~iq / \ / f~ ~~~ / ~ /~~~~l~""" "f;t\cJ< /~ I 6>:"" " I ~~. ,~<{."...~~ ~. ,~\ql ~~. \ \ ,.. - ROt>.D ..- ------ CITY OF TEMECULA EXHIBIT FOR: TEMPORARY CONSTRUCflON EASEMENT 28075 DIAZ ROAD Exhibit B