HomeMy WebLinkAbout2021-47 CC ResolutionRESOLUTION NO.2021-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF FOR DRAINAGE, FLOOD CONTROL, AND
FLOOD CHANNEL IMPROVEMENT PURPOSES, AND
ALL USES NECESSARY OR CONVENIENT THERETO
ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE
FOOT PERMANENT EASEMENT ON APNS 957-130-003
AND 957-130-013)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findines.
A. The City of Temecula ("City") is a municipal corporation, located in the
County of Riverside, State of California.
B. The City originally approved the Development Agreement between the City
of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development
Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on
January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the
Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February
14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document
No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the
Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third
Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016
in the Official Records of Riverside County as Document No. 2016-0156276. Developer
Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California
corporation are the successors to certain of these approved applications for development and
propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development
Project").
C. To facilitate the orderly development of the Sommers Bend Project, the
Third Amendment to the Development Agreement was approved subject to certain conditions set
forth on Exhibit D to said Third Amendment. Specifically, Condition 4.A. to Exhibit D contained
a specific condition of approval requiring Developer to construct certain public improvements in
connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood
channel improvements along the Santa Gertrudis Creek are referred to as the "Project" and include
the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at
Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water
Conservation District ("District").
D. The Project requires the acquisition of the approximate 325 square foot
permanent easement described more particularly below in Section 4. The approximate 325 square
foot permanent easement is necessary for the construction, use, repair, reconstruction, inspection,
operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works,
including ingress and egress thereto, over, under, and across the 325 square foot easement area.
The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek
comprising the Project are in the public interest and necessity and are required to protect the natural
waterway that experiences seasonal water flow and to provide protection from flooding to
properties in the vicinity of Santa Gertrudis Creek.
E. Pursuant to California Government Code Section 66462.5, when a
condition of a subdivision map approval or a development agreement requires the installation or
construction of improvements on offsite property not owned or controlled by a developer, and title
cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire
off -site property by eminent domain or such off -site improvement conditions will be waived.
Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an
agreement to allocate the costs and responsibilities for acquisition of such off -site property. The
City and the developer entered into that certain Agreement Pursuant to Government Code Section
66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of
Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) as of
May 19, 2020 in connection with the subject offsite improvements.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of
Temecula adopts Resolution No. 2021-47, A Resolution of the City Council of the City of
Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and
Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel
Improvement Purposes, and all Uses Necessary or Convenient Thereto Along the Santa Gertrudis
Creek (325 Square Foot Permanent Easement on APNs 957-130-003 and 957-130-013).
Section 3. The City seeks to acquire by eminent domain the approximate 325 square
foot permanent easement described below in Section 4 of this Resolution for public use, namely
for drainage, flood control, and flood channel improvement purposes, and all uses necessary or
convenient thereto along the Santa Gertrudis Creek in connection with the Project pursuant to the
authority conferred on the City of Temecula to acquire real property by eminent domain by Section
19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351,
40404, and 66462.5, 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,
1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure, Section
1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only
for a public use. Where the Legislature provides by statute that a use, purpose, object, or function
is one for which the power of eminent domain may be exercised, such action is deemed to be a
declaration by the Legislature that such use, purpose, object, or function is a public use."
Government Code Section 66462.5(c) authorizes the City and the developer of a project for which
the construction of offsite improvements are required to enter into an agreement requiring the
developer to complete the improvements pursuant to Government Code Section 66462 at such
time as the City acquires an interest in the land that will permit such improvements to be
constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by
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negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with
Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which
will permit the improvements to be made, including proceedings for immediate possession of the
property under Article (commencing with Section 1255.410) of Chapter 6 of that title."
Section 4. The City seeks to acquire that certain approximate 325 square foot
permanent easement (referred to below as the "Subject Easement") on the real property located
south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula, and identified
as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property")
for public use, namely drainage, flood control, and flood channel improvement purposes, and all
uses necessary or convenient thereto along the Santa Gertrudis Creek described more particularly
on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this
reference. The Property is owned by 3270 West Lincoln, LLC.
Section 5. Environmental Review. The environmental effects of the Project and the
acquisition of the Subject Easement needed for the Project were studied and analyzed as an integral
part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant
to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines").
On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding
Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the
Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).
Since the adoption of the EIR, five EIR Addendums have been prepared for the Development
Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.
On June 4th, 2021, City Staff reviewed the environmental documentation prepared in
connection with the Development Project in connection with Staff s review of the proposed
acquisition of the Subject Easement for the Project. City Staff reviewed the EIR, the First
Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on
March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth
Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on
January 14, 2020, and determined that the Project and acquisition of the property interests needed
for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of
Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
Staff concluded that no substantial changes have occurred in the Development Project, no
substantial changes have occurred in the circumstances under which the Development Project is
undertaken, and the City has obtained no new information of substantial importance that would
require further environmental analysis. These environmental findings are the appropriate findings
with respect to the proposed acquisition of the Subject Easement for the Project.
Section 6. The Project, as planned and designed, is in the public interest and necessity
and is needed for the construction of necessary flood control, flood channel, and drainage
improvements along the Santa Gertrudis Creek. The Project requires the additional 325 square
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foot Subject Easement to complete the necessary drainage, flood control, and flood channel
improvements along Santa Gertrudis Creek. The Project cannot be constructed without the Subject
Easement. The Subject Easement is for the construction, use, repair, reconstruction, inspection,
operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works,
including ingress and egress thereto, over, under, and across the area of the Subject Easement. The
drainage, flood control, and flood channel improvements along Santa Gertrudis Creek are in the
public interest and necessity and are required to protect the natural waterway that experiences
seasonal water flow and to mitigate flooding of properties in the vicinity of Santa Gertrudis Creek
consistent with the plans of the District.
Section 7. The Project, as planned and located, will help further Policy 6.3 of Goal 6
of the Land Use Element of the General Plan, which seeks to "[c]onserve the natural resources of
area watercourses, including Santa Gertrudis, Temecula and Murrieta Creeks...". [General Plan,
Land Use Element, page LU-47.] The Project also seeks to conserve the natural resources of Santa
Gertrudis Creek and provide natural flood control methods to reduce capital and maintenance
costs. [General Plan, Land Use Element, page LU-55.] Further, the Project is planned and designed
to maintain an effective, safe, and environmental compatible flood control system consistent with
GM-9 goal of the Growth Management/Public Facilities element of the General Plan. The Project
satisfies the goal of identifying and prioritizing areas of excessive flooding and working with the
Riverside County Flood Control and Water Conservation District to construct appropriate flood
control facilities to ensure public safety. Accordingly, the Project, as planned and designed, is in
the public interest and necessity and will benefit the residents and owners in this area of the City.
After the drainage, flood control, and flood channel improvements are constructed, the City
proposes to transfer its rights to the 325 square foot Subject Easement to the District for
maintenance.
Section 8. The Project is planned and located in the manner that is most compatible
with the greatest public good and the least private injury. The Project is planned and designed to
construct necessary drainage, flood control, and flood channel improvements along the Santa
Gertrudis Creek. It is also planned and located to minimize the impact on private parcels. The
City seeks to acquire the small 325 square foot Subject Easement from the Property, which is
located within the natural waterway known as Santa Gertrudis Creek. The Property is subject to
two recorded Irrevocable Offers of Dedication that dedicate in perpetuity to the County of
Riverside, on behalf of the District, an approximate 38,338 square foot easement and an
approximate 100,795 square foot easement for flood control and drainage purposes for the
construction, use, repair, reconstruction inspection, operation and maintenance of flood control
facilities, and all appurtenant works, including ingress and egress thereto, over, under and across
the property described more particularly in said Irrevocable Offers of Dedication. These
Irrevocable Offers of Dedication were recorded against the Property at the time that the record
owner purchased the Property by two separate tax auction sales. The 325 square foot Subject
Easement is located near an existing twin tunnel culvert is improved along the eastern edge of the
Property, and does not appear to be located in a buildable area on the Property. Further, the
construction of the Project will not result in the displacement of any persons or businesses because
the Property consists of vacant land, a large part of which is located within the Santa Gertrudis
Creek.
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Section 9. The public use for which the City seeks to acquire the approximate 325
square foot Subject Easement, namely for drainage, flood control, and flood channel improvement
purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek, will not
unreasonably interfere with or impair the continuance of the public use to which any easement
holders may have appropriated the area (Code of Civil Procedure Section 1240.510).
Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair
market value appraisal of the Subject Easement and the Property and set just compensation for the
Subject Easement in accordance with the fair market value. On November 5, 2020, the City
extended a written offer pursuant to Government Code Section 7267.2 to the owner of record,
3270 West Lincoln LLC, via certified mail and regular first-class mail. The City's offer included
an informational pamphlet describing the eminent domain process and the record owner's rights
under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's
written offer contained a written statement of and summary of the basis for, the amount it
established as just compensation. The offer set forth the date of value used by the appraiser and
explained the appraiser's opinion of the highest and best use of the Property. It also explained the
applicable zoning of the Property. The offer also summarized the principal transactions relied on
by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer
explained the appraiser's valuation analysis, including an analysis of severance damages. It also
included the comparable market data relied on by the appraiser. Further, the offer letter offered to
pay the reasonable costs of 3270 West Lincoln LLC, up to $5,000, of an independent appraisal
pursuant to Code of Civil Procedure Section 1263.025.
Section 11. The City provided written notice to the owner of record, 3270 West Lincoln
LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to
consider the adoption of a Resolution of Necessity for the acquisition of the 325 square foot Subject
Easement by eminent domain. It also notified the owner of the opportunity to appear before the
City Council and raise questions about whether the public interest and necessity require the
Project; whether the Project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury; and whether the Subject Easement the City
seeks to acquire is necessary for the Project.
Section 12. Based on the evidence presented at the hearing regarding the acquisition of
the approximate 325 square foot Subject Easement for the Project, including the Agenda Report,
the documents referenced therein, and any oral or written testimony at the hearing, the City Council
hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The approximate 325 square foot Subject Easement described more
particularly on Exhibit "A" and depicted on Exhibit "B" hereto is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the owner of record of the Subject Easement the City seeks to acquire.
Section 13. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference and testimony and/or comments
submitted to the City by the record owner or the owner's representative(s). These documents
include, but are not limited to the City of Temecula General Plan, the documents relating to the
Sommers Bend Development, offer letter sent to the owner pursuant to Government Code Section
7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and environmental
documents relating to the Development Project.
Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's
Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a
court of competent jurisdiction to acquire the 325 square foot Subject Easement in connection with
the Project. The 325 square foot Subject Easement is described more particularly on Exhibit "A"
and depicted on Exhibit "B" hereto.
Section 15. City Manager Authority. The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
Section 16. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 24`h day of August, 2021.
ATTEST:
4
RancA Johl, ity Clerk
[SEAL]
1
ann Edwards, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-47 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 24`h day of August, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS
1
1
None
None
None
- 9
Randi Johl, City Clerk
7
Exhibit "A"
Legal Description of 325 Square Foot Subject Easement
EXHIBIT "A"
FLOOD CONTROL EASEMENT
That portion of that certain parcel of land designated "Not A Part" on Map filed in Book
1, Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as
described in Grant Deed recorded November 9, 2005 in Document No. 2005-0931546,
Official Records of said County, State of California, lying within Section 20, Township 7
South Range 2 West, San Bernardino Base and Meridian, more particularly described
as follows:
COMMENCING at the centerline intersection of Butterfield Stage Road (110.00 feet
wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as
filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County
Recorder of said County, said point being the beginning of a non -tangent 1600.00 foot
radius curve, concave Southeasterly, a radial line to said point bears North 53'53'27"
West;
THENCE Southwesterly along the centerline of said Butterfield Stage Road and the arc
of said curve through a central angle of 19"18'07", a distance of 539,01 feet to the
Easterly prolongation of the Southerly line of said Parcel "A";
THENCE along said Easterly prolongation and non -tangent to said curve North
89'25'41" West, a distance of 57.20 feet;
THENCE continuing along said Easterly prolongation, North 89025'41" West, a distance
of 6.65 feet to the Southeast comer of said Parcel "A", said point being on the Easterly
line of an Irrevocable Offer of Dedication as described in Document No, 2006-0290972,
recorded April 21, 2006, Official Records of said County, said point also being on the
Easterly line of said Section 20;
THENCE along the Easterly line of said Parcel "A", the Easterly line of said Irrevocable
Offer of Dedication, and the Easterly line of said Section 20, North 00'34'18" East, a
distance of 182.22 feet to a point on the Northerly line of said Parcel "A", said point
being on the Northerly line of said Irrevocable Offer of Dedication;
THENCE along said Northerly line, North 89'25'41' West, a distance of 97.18 feet to the
TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the
following 5 courses:
Exhibit "A"
1 1086.0204/2543969v 1
1
THENCE South 74'48'13" West, a distance of 13.94 feet to the beginning of a tangent
35.00 foot radius curve concave Northerly;
THENCE Westerly along the arc of said curve through a central angle of 19'25'18", a
distance of 11.86 feet;
THENCE North 85'46'29" West, a distance of 75,59 feet to a line parallel with and 0.22
feet Southerly of the Northerly line of said Parcel "A";
THENCE along said parallel line, North 89'25'41" West, a distance of 200.20 feet to the
beginning of a tangent 468.00 foot radius curve concave Northerly;
THENCE Westerly along the arc of said curve through a central angle of 01'45'08", a
distance of 14.31 feet to a point on the Northerly line of said Parcel "A";
THENCE along said Northerly line, South 89025'41" East, a distance of 315.10 feet to
the TRUE POINT OF BEGINNING.
Containing 325 square feet, more or less.
This description was prepared by me or under by direction
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
William Rohal L.S. 8805
1-17-2-o
Date
Exhibit "A"
1 1086.0204/2543969v 1
Exhibit "B"
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DETAIL "A" OFFER OF DEDICATION
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REC. 4-21-2006
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PARCEL A
DOC. NO. 2005 0931546LLJ
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REC. 11-9-2005
PARCEL A
APN 957-130-003
PER DOC.
OFFER OF DEDICATION
PER DOC NO 2006-029D972
N0.2005-
0931546
REC. 4-21-2006
S89' 25' 41"E 556.00' i f
S'LY.LINE PARCEL A-)
PER DOC. NO. 2005 0931546
LINE TABLE
NAME DIRECTION LENGTH
Easement
SHEET 1 OF 1
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CURVE TABLE / ` CIS1Yv
L2
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13.94' NAME
DELTA RADIUS ARC
L3
N 89'25'41' W
97,18- ----
---------------------------- SCALE: 1" = 100'
L4
N 89'25'41" W
67.20' Cl
1'45'08' 468.00' 14.31'
L5
N 89'25'41' W
6.65' C2
19'25'18" 35.00' 11 86'
100 0 100 200
1770 KriYA AVENUE 8U11E 100
RIVERSIDEEXHIDIT "B"
, CA 925a7
�17H2O707W"inFLOOD CONTROL EASEMENT
NG [rAx19e1.re�.°r79 OMPANY rlcMcnglootrin=.com
K),ogdr SwDelp Or~ San Lob °Mw"-Bakffv"'S""'"000-"4x h-Tot " SCALE:1'--100' DATE: MAY 15 2016
Gs\17883\17883 AM - Survey-Mapping\Survey\17883AMpRO6-FIdCntrEase-1.dgn
PLOT DATE] 11-JAN-2019 JN 17893
Exhibit "B"
11086.0204/2543969v 1