HomeMy WebLinkAbout04-034 CC Resolution
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RESOLUTION NO. 04-34
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
DiAl 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 temporary construction easements on the property commonly known as 43445
Business Park Drive, Temecula, and identified as Assessor's Parcel Number ("APN") 921-020-
039 ("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 921-020-039 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.
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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
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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 T emecula 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:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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) ss
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-34 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:
COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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EXHIBIT "An
LEGAL DESCRIPTION
FOR RIGHT .QFOWAY DEDICATION
THAT PORTION OF !'ARCEL 1 OF PARCEL MAP 19580-1, AS SHONN ON A PARCEL MAP ON FILE IN BOOK
125 AT PAGES 1 THROUGH 61NCLUSIVEL Y OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTlCUI.ARl. Y DESCRIBED
AS FOLLOWS:
BEGINNING AT THE CENTERUNE INTERSECTION OF RANCHO CALIFORNIA ROAD AND BUSINESS PARK
DRIVE AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1 %-INCH BRASS DISK STAMPED LS.
3163, FLUSH, PER SAID MAP; .
THENCE NORTH 06.56'07" WEST, 67.00 FEET ALONG THE CENTERUNE OF BUSINESS PARK DRIVE TO
,THE BEGINNING OF A TANGENT CURVE IN THE CENTER OF BUSINESS PARK DRIVE; .
THENCE SOUTH 83.03'53. WEST, 39.00 FEET TO THE NORTHERLY CORNER.cUTBACK CORNER AS
SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 39.1701. WEST, 3324 FEET ALONG SAID CORNER CUT -BACK TO A POINT ON THE
NORTHERLY RIGHT-OF. WAY OF RANCHO CALIFORNIA ROAD;
THENCE SOUTH 83.03'53. WEST, 8.99 FEET ALONG THE NORTHERLY RIGHT. OF- WAY OF RANCHO
CALIFORNIA ROAD;
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THENCE LEAVING SAID RIGHT OF WAY NORTH 42.01'33. EAST, 32.75 FEET TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL UNE THROUGH SAID POINT
BEARS SOUTH 87.31'33" WEST; .
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03830'23", AN ARC LENGTH
OF 65.08 FEET TO A POINT ON THE WESTERLY RIGHT OF WA. Y OF BUSINESS PARK DRIVE, SAID POINT
ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF
611.00 FEET, A RADIAL UNE THROUGH SAID POINT BEARS NORTH 78803'63. EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL.ANGLE OF 5.00'00", AN ARC LENGTH
OF 53.32 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 432.508 SQUARE FEET OR 0.010 ACRES, MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED .EXHIBIT B"AND THEREBY BEING MADE A
PART HEREOF. .
. PREPARED UNDER MY SUPERVISION:
é;-,v ~/r2 .
PROFESSIONAL LAND SURVEYOR NO. 7171
EXPIRES 12-31.,'ZOOS
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Page1d1
Aprtt 18, 2002
BY: R. PiI8
CK'O BY: B. FCI>C
f-c:lMy ~\Ieg8IIRancho Colilomlad..
Exhibit A
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EXHmIT "A.I"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BUSINESS PARK DRIVE
TIlATPORTIONOFPARCEL 1 OF PARCEL MAP 19580-1, AS SHOWN ON
PARCEL MAP ON FlLEIN BOOK 125 AT PAGES 1 THROUGH 6 INCLUSIVELY
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY
DESCRmED AS FOLLOWS:
PARCEL A
BEGINNING AT THE CENTERLINE INTERSECTION OF RANCHO CALIFORNIA
ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A II-2-INCHBRASS DISK STAMPED LS. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06°56'07" WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
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THENCE sourn 83°03'53" WEST, 39.00 FEET TO THE NORTHERLY CORNER-
CUl'BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP, SAID POINT
BEING ON THE WESTERLY RIGIIT -OF- WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 61l.oo FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 27°44'58", AN ARC LENGTH OF 295.92 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID RIGHT-OF-WAY sourn 54°42'54" WEST, 20.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS
OF 588.94 FEET;
TIIENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 10°42'40", AN ARC LENGTH 110.10 FEET TO A POINT ON THE SOUI1ŒRL Y
RIGIIT -OF- WAY OF SINGLE OAK DRIVE, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A
RADIUS OF 533.00 FEET;
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TIIENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°37'17", AN ARCH LENGTH OF 5.78 FEET TO THE NORTHERLY CORNER-
CUT BACK CORNER AS SHOWN ON PARCEL 1 OF SAID MAP;
R,oc","",0JECTS1PW9S\PW95- 27ILoplDoocripll...1PLA T - 4J445BPD.doc
Exhibit A
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THENCE soum 89°46'27" EAST, 20.07 FEET ALONG SAID CORNER cur-
BACK TO A POINT ON THE WESTERLY RIGlIT-OF-WAY OF BUSINESS PARK
DRIVE;
THENCE SOumERL Y ALONG THE WESTERLY RIGlIT-OF- WAY OF BUSINESS
PARK DRIVE THROUGH A CENTRAL ANGLE OF09°18'31", HAVING A RADIUS
OF 611.00 FEET, AN ARC LENGTH OF 99.27 FEET TO THE TRUE POINT OF
BEGINNING;
CONTAINING 1,061.69 SQUARE FEET OR .0244 ACRES MORE OR LESS,
PARCELB
BEGINNING AT THE CENTERLINE lNTERSECflON OF RANCHO CALIFORNIA
. ROAD AND BUSINESS PARK DRIVE AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A I ~-INCH BRASS DISK STAMPED L.S. 3163, FLUSH, PER
SAID MAP;
THENCE NORTH 06°56'07" WEST 67.00 FEET ALONG THE CENTERLINE OF
BUSINESS PARK DRIVE TO THE BEGINNING OF A TANGENT CURVE IN THE
CENTER OF BUSINESS PARK DRIVE;
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THENCE SOUTH 83°03'53" WEST, 39.00 FEET TO THE NORTHERLY CORNER-
CUfBACK CORNER AS SHOWN ON PARCEL I OF SAID MAP, SAID POINT
.BEINGONTHE WESTERLYRIGlIT-OF-WAY OF BUSINESS PARK DRIVE, SAID
POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE
WESlERL y, HAVING A RADIUS OF 611.00 FEET;
THENCE NORTHERLY ALONG SAID CRUVE THROUGH A CENTRAL ANGLE
OF 05°00'00", AN ARC LENGTH OF 53.32 FEET; TO THE BEGINNING OF A
CURVE CONCA VB EASTERLY, HAVING A RADIUS OF 900.00 FEET, A RADIAL
LINE THROUGH SAID POINT BEARING SOUTH 87°31 '33" WEST;
THENCE sourHERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE
03°30'23" AN ARC LENGTH OF 55.08 FEET TO THE TRUE POINT OF
BEGINNING;
1HENCE SOUTH 42"01 '33" WEST 32.75 FEET TO A POINT ON THE
NORTHERLYRIGlIT-OF-WA Y OF RANCHO CALIFORNIA ROAD;
1HENCE SOUTH 83°03'53" WEST, 25.00 FEET ALONG THE NORTHERLY
RIGHT -OF- WAY OF RANCHO CALIFORNIA ROAD;
1HENCE LEAVING SAID RIGlIT-OF-W AY, NORTH 06°56'07" WEST, 26.92 FEET;
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1HENCE NORTH 83°03'53" EAST, 50.14 FEET TO A POINT ON SAID CURVE
THENCE sourHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
"'IC 1PIPR0JECTS\I'W951PW9'-27\I.c pIDoscrtptIoos\PLA T - 4J44O Boo.doc
Exhibit A
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OF 00°20'45", AN ARC LENGTH OF 5.44 FEET TO THE TRUE POINT OF
BEG~NG; .
CONTAINING 2,109.98 SQUARE FEET OR .0484 ACRES MORE OR LESS.
COMBINED AREA FOR PARCEL A AND PARCEL B: 3,171.67 SQUARE FEET.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATI ACHED "EXlllBIT B-1"
AND THEREBY BEING MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION:
~/'l-
RONAlD J. PARKS
DEPUTY DIRECI'OR OF PUBUC WORKS
REGISTERED CIVIL ENGINEER NO. 19744
EXPIRES 9-30-05
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R. '\C1PII'ROJECIS\PI9S\PW9S- :mLeplDoocrip_1PLA T - '-.I'D.doo
Exhibit A
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PREPARFD FnR-.
CITY OF TEMECULA
4.1200 BUSINESS PARK DR.
TEMECULA. CA 112590
(809) 69-4-6411
RrnORO ov.tn:R,
IILMA t.I. MASSIE
31305 CAH1ERBURY COURT
TEMECULA. CA 92591
909 695-2483
EXHIBIT" b"
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LH TABlE .
NO. DIREC1ION DlSTANŒ
L1 S 39"1101- W 33.24'
US 53~W 8.
L3 N 42'OI'J3" E 32.75
LEGEND
~ PORl1ON BEING DESCRIBED
~ AREA-o.oIO AaŒS,
MORE OR LESS
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PREPARED BY:
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JI ~ ¿UOt:Um. At: :~/Q>S
151 South Civd Street. Home\, Ca 925#. (909) 652-4454
FAX (909) 766-8942 E-MAIL kbcozad.com
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¿XHIBIT
"B-1"
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NO. DIRECTION
L1 S 89'46'21' E
l2 S 54'42'54 W
L.3 S 06'560 ' E
L4 N 83'03'53" E
L5 N 42'01'33" E
16 N 83'03'53" E
C7
LEGEND
PORTION BEING DESœBED:
rnnm PARŒL .A.
ruJJJ1J tUTAt. IÆA . 2109.98 SQlI\RE fEE "
OR .0484 ACRES, MORE OR LESS
RI8888I PAACa. "8'
~ tUTAt. IÆA . 1061.69 SQUIRE fEE "
OR .0244 ACRES, IIORE OR LESS
. T.P.O.B. PARCEL A
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RANCH --
-4. ROAD
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RECORD OWNER'
WIlMA N. MASSIE
31305 CANTERBURY COURT
TEMECUlA, CA 92591
I (909) 695-2483
PREPARfO BY'
CITY OF TEMECULA
43200 BUSINESS PARK DR.
TEMrCUlA, CA 92590
(909) 694-6411
1-1/2. BRASS DISC SfAUPED LS. 3163
FUJSH PER PJA. 125/1-6
CITY OF TEMECULA
EXHIBIT FOR:
TEMPORARY CONSTRUCTION EASEMENT
43445 BUSINESS PARK DRIVE
Exhibit B