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HomeMy WebLinkAbout96-057 CC Resolution RESOLUTION NO. 96-57 A RESOLUTION OF THE CITY COUNCILL OF THE CITY OF TEMIECULA FINDING AND DE G THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (SOUTHWEST CORNER OF NICOLAS ROAD AND CALLE GIRASOL; WALCOTT CORRIDOR STREET IMPROVEMIENT PROJECT) THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council of the City of Temecula (hereafter "City') hereby finds, determines and declares as follows: a.The public interest, convenience and necessity require the acquisition by said City of certain interests ("Interests") in and to certain real property ('Property") located in the City, the County of Riverside, State of California for public street purposes and all uses appurtenant thereto, located adjacent to the intersection of Nicolas Road and Calle Girasol, which is a part of the Walcott Corridor Street Corridor Improvement Project ('Project"). b. The Project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; and C. The taldng of the Interests as above described is necessary for the stated Project and such taking is authorized by Section 19, Article I of the California Constitution, Section 37350 cl =., and Section 40401 cl =., of the California Government Code, Section 1230.010 ct of the California Code of Civil Procedure, and other applicable law; and d. The offer to purchase required by California Government Code Section 7267.2 has been made to each owner of the Interests proposed to be acquired by the City. Section 2: The City Council of the City hereby declares ffia it is its intention to acquire said Interests in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures, for public street purposes, and all uses appurtenant thereto. Section 3: That if any of the Interests have been appropriated to some public use, the public uses to which they are to be applied by the City, as described above, are more necessary and paramount public uses. Section 4: Said Interests hereinabove referred to, the acquisition of which is required by said public interest, convince and necessity for the purposes set forffi in Section 1. Hereof, is Resos\96-57 located in the City of Temecula, County of Riverside, State of Califomia, and are more particularly described on Exhibit 'A', attached hereto and incorporated herein by this reference, as set forth in full. A map showing the general location of the Interests sought to be acquired in this proceeding is attached hereto, marked Exhibit 'B' and incorporated herein by reference and made a part hereof Section 5: The City Attomey and the firm of Burke, Williams & Sorensen, as special counsel, under the direction of the City Attomey, are authorized and directed to prepare, institute and prosecute in the name of the City such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property described in Section 4. Section 6: The City Clerk shall certify the adoption of this Resolution. Section 7: This Resolution shall be effective immediately upon its adoption. PASSED, AFFROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23rd day of April, 1996. J@Areek, CMC, City Cte-@ [SEAL] Resos\96-57 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby ce@ that Resolution No. 96-57 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of April, 1996, by the following vote: AYES: 4 COUNCIILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None S. Greek, CMC,@ Clerk ResosN96-57 3 B£iN. W[LLIAH FROST .~i,tO ~.S$0C£,~¥E£ 27555 ¥'nez Road. Suite ~00 Temecu]a, Cai~fornia ~- ~ EXHiB.TT "A" PARCEL 1 (Fee T~t]e) ~na; c=~'ain ,~arce] of ]and situated in ~he Ci,:v of Temecu]a ~u 8847 as sno~n on a map theeeel f~]ed in Book 37. Pages 37 and 38 o~ ~a,ce~ ~acs -,q ]:to ~ .... : .... ne ,.oun:y ,&scorner c; ~ ~,~rip of ~and 40 O0 fee; in width the centerline of D~ aS TO ~ tOWS ' COHHENCZNG at a point in the centerline of Calle Girasol dis;an; ;hereon South ~°0~'40" East 375 33 ~:=' from me centerline of Nicolas Road as shown on said parcel maD. said point being the beginning of a ;artgent curve concave southwesterly and having a radius of 300.00 feet; thence along said curve northwesterly !42.03 feet through a central angle of 2,7°0T'36" co the northeasterly line of said Parcel ,4 and the TRUE POINT OF BEGINNING: ;nonce ~ ~' ~erty ...... . ~n~,nuin~ along said curve northwes~ ' 139 BT ~:? throuoh a central axle cf ~°~?'~"' :nence tanash: from ~cld curve North --°~' .... nortnweszerly line of said Parcel ~ an~ t~e POINT OF TERMINATION CONTAINING' Acres. more or less. SUBJECT TO a .... =* .... '~* ...... - o: an.c ~=~=*-~ EXHIBIT "B a::=~,,=~ ~ ..... nc~ maes Lawrence L. ~acsn. ~_.5. 35~7 ROB,-x, iN .~'.__ tROt. """ "-"'SOC'r'--~ - ,-Nu -..:, :.-, z~ s,'~=.xa '.,,-,~ Road Su'ise 400 Temecui, Cal'i forn'~ a NICOLAS ;:OAO - FE- T]TLE P~.~,~£~ 4 OF' x~RC~ Ht..~ NO..~o~,. PARCEL 2 (Fee Title) ........... ~ .... l of la~c s~tua;ed in she Ci;., cf :~==~,'~ . '~- - Riverside. State of California. being that oortion o~Parce! z of Parcel Ha~ ~BZT as Shown on a mad thereof fiied in Book 37 Pagos 37 and 38 of P~-~ Naps ~n zhe Office of Che Counzy Recorder of said Riverside County. inciudec a strip of land 30.00 feet ]n w~d;n. ;he southerly line of wn~cn ~s parallel and 20.00 feet northerly from ~he following described line' COMMENCING a; a poinz in the centerline of Caile Giraso! distant thereon South 24001'40" East 375.33 fee~ from the centerline of Nicolas Road as shown on said parcel map, said point being the beginning of a tangent curve concave southwesterly and having a radius of 300.00 feet: thence along said curve norzhwesterly 142.03 feet through a central angle of 27°07'36" to the northeasterly line of said Parcel .4 and the TRUE POINT OF BEGINNING. ,,uqng along said curve northwesterly i3° ~- reez through a centra~ ~,~,,~- ~.~/ angle of 26°42'46"- hence tanaenz from said curve North 77°52 np" West ~3;:' ~a =~ ~ ,.., ..... Ic~. tO ,.,h: .... ~',¢~-:~ .' ~*= of sai: c'=~c=I ,~ and "he POINT OF TERMINATION. Sa~~ str~p of land shall be iengthened or shortene~ =..=---.'-=,-"~v s^ as :3 terminate no~-~,~tr~v line of P~rcel ~ CONTAINING- SUBJECT TO a : c:,venanzs. r,ghzs. rights-oT-'~,av aria easements .: Lawrence L. Bacon. u S. 5B27 ¸%. - ,,',,,- FROST ~filD "~;~ 27553 Ynez Road. Suite tOO Temecu]a. California FARCEL '4 OF , ~.~C~_ HAP ~lO. PARCEL 3 (Fee Title) ~:','e-~ ~'~*= cf.~ali,orn;a. ~=, , ~n~;. on ~E~7 as snown on a map thereof ts,=~ ~n Book 37. Pages 37 and in ;fie Office of ~h~ County Recorder of said Riversice Coun;y. included a s;rip of land 5.00 feet in width. the northerly line of which is parallel wi;h and 20.00 fee; sou;herly from the following describee line' COMMENCING as a poin; in the centerline of Calla Girasoi G~s;an; ;nereon Sou~n 24°01'40" Eas% 375.33 feet from the centerline of Nicolas Road as shown on said parcel map. said point being the beginning of a tangan; curve concave sou;nwesteriy and having a radius of 300.00 fees: thence along said curve northwesterly 142.03 feet.through a central angle of 27°07 3~ to She northeasterly line of said Parcel ~ and the TRUE POINT OF ~=~=NN=NG- ~.,~n~_ inc along sa]~ curve northwesterly lqQ ~/ ;eez +~ ~ arttie of 26°~2'~6"' thence from said curve Norzh 77°52'02" Wes; !32.~9 feez norsnw'esserlv i~ne of said Parcel ~ and the POINT OF TERMiNATiON. to the ;c sa:] n~-~=aster]v line of Parcel ~ ant northerly so as zo ~erminase ]~ sa~,; ,..,'=::= ,i~= C Parcel ~ CONTA!NZNG' SUBJECT TO a'l covenancs. ticriss, r]gnz£-of-way and ==~=m=~,=~ cf recsr~. '~"~:iT "B" a-:~sne~ and by th ~,.. ~^n.~ ?~._. ~_~. ~s reference ma,:e a X\ Lawrence R,©BE2T B£!N WII~TAM FROST _z~ Y'nez Road. Sui=~ r'~ - ' Temecuia. ,..,~ 1 '~ ';-orn; a .:tl ' ',-~'..-_v .... ¢,JLC,SL.'".S ROAD - FEE T]TLE ~.RCEL ~- OF PARCEL MAP NO. :ARCEL ~ (Fee Title) Riv'ers~ae. S:a~e of Cainfemme. being ~na~ por;~on o{ Parcei 4 of Parcel Map No. 88~7.as shown on a map ~mereof filed in Book 37, Pages 37 and 38 of Parcel Maps ~n ;he Office of ~he Coun;y Recorder of said Riverside Coun;y. lying northerly ~,= a ti~= parallel wish and 50 O0 feet northerly from -~= followinc described COMMENCING a; a poin; in Che centerline of Calle Girasoi distant thereon South 24°0!'40" East 375.33 fee'c from the centerline of Nicolas Road as shown on ~a ~ F=rcel mad said ~ ~nc ve ~ ~ . ~o, being ~h~ beginning of a tangent curve conca ~._~ ........=fly and hayinc a radius of 300.00 :===' *~= *= al _ id curve + ~ '=~t 142 03 ¢=ot ;nrouah a c=ni_.ci angl~ of ~ ~n~_ one sa northwest., y .~ ,: n= ~ ==~.= '.y i,n: of salc ~ ..... : n~ :ne TRUE POINT OF BEGINNING: . no,~hw~s~r,y _~..c/ feet ;brough ~ centre! ~nence continuing alone said curve ~r, cie of 25:z2'46". ~=~c= cancen~ from said - ¢ ¢ " ' ' ...... _ ~u,v~ North 77°57'02 '-:--t:c...ez;er,X i'me :.f ;~:: ;areal z and ;he POINT OF TERMINATION. udN I A=NING' ' more or leSS. :X~-SZT "B" ;--='-~ =n,- *,' -~'s *efe.=nL_ mace a U.S. 3527 Ext. 6 - 30 - 96 / / r,lo. 15~,7o P.M.B. ':;5 / 7-AL~L6- ~F ~DL/,q,qE5 6-- Z?OT'3G" R-'300.00" L= 14~.~' --~ 4~'~" R=300.00' L_--/39.87' EXHIBIT 'B' S~(ETCH TO ACCOMPANY LEGAL DESCRIPTION NICOLAS ROAD FEE TITLE PARCEL 4 OF P.M. NO. 8847 //-II- _~ ~ SHEET I OF I" SHEET