HomeMy WebLinkAbout98-094 CC ResolutionRESOLUTION NO. 98-94
A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City of Temecula is a municipal corporation in the County of
Riverside, State of California.
Section 2. The property interests described generally in Section 3 of this
Resolution and more particularly described in Exhibits A, B, C and D of this Resolution
("Subject Property Interests"), are to be taken for a public use, namely for the Overland Drive
Overcrossing Improvement Project, construction of said project, and all purposes necessary or
convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent
domain by California Constitution Article I Section 19, and California Government Code
Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure
Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410,
1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The Subject Property Interests sought to be taken are located in the
City of Temecula, County of Riverside, State of California, and are portions of a larger parcel
identified by Assessors Parcel Number 910-310-001. The Subject Property Interests sought to
be taken are more particularly described in Exhibits A, B, C and D to this Resolution, which are
incorporated by this reference.
Section 4, The City Council of the City of Temecula finds and determines that:
A. The acquisition of the Subject Property Interests is required for the
Overland Drive Overcrossing Improvement Project ("the Project"). A general description of the
Project is set forth in the Agenda Report dated September 22, 1998 and the reports and
documents cited in that Report, which are all incorporated in this Resolution by this reference.
B. The potential impacts of the acquisition of the Subject Property Interests
were analyzed in connection with the analysis of the construction of the Overland Drive
Overcrossing. On January 14, 1992, the City of Temecula approved a Mitigated Negative
Declaration regarding the construction of the overpass for Overland Drive and duly filed a
Notice of Determination thereof (Negative Declaration EA-6). On August 8, 1995, the City of
Temecula adopted a revision and modification of the Mitigated Negative Declaration to address
the relocation of utility lines (EA-6 Revised). Notice of determination thereof was duly filed on
August 10, 1995. Pursuant to California Environmental Quality Act Guidelines 15162, et seq.,
the findings made in connection with the Mitigated Negative Declaration No. EA-6, and EA-6
Revised, are the appropriate findings with regard to the acquisition of the Subject Property
Interests. The environmental documentation prepared in connection with these actions was
R:resos\98-94 I
reviewed by staff on July 6 and 7, 1998 and it was determined that no significant changes in the
Project or in the environment, and no new information had been obtained which would require
further environmental analysis.
Section 5. The City Council of the City of Temecula hereby finds and
determines that:
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be
most compatible with the greatest public good and the least pdvate injury;
C. The property interests described in Exhibits A, B, C and D are necessary
for the proposed project; and
D. The offer required by Section 7267.2 of the Government Code has made
to the owners of record.
Section 6. The findings and declarations contained in this Resolution are based
on the record before the City Council on September 22, 1998 when it adopted this Resolution,
including the Agenda Report dated September 22, 1998, all documents incorporated in the
Agenda Report, the testimony at the headng, the records and documents prepared in
connection with the Project, the testimony and evidence presented at hearings related to the
Project, and the public records of the City pertaining to the Project, all of which are incorporated
in this Resolution by this reference.
Section 7. The City of Temecula hereby authorizes and directs Richards,
Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a
court of competent jurisdiction to acquire by eminent domain the property interests described in
this Resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula this 22nd day of September, 1998.
Ron Roberts, Mayor
ATTEST:
'~k J°n~s'CM~ ~
[SEAL]
R:resos\98-94 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 98-94 was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof held on the 22nd day of September, 1998, by the following vote:
AYES:
4 COUNCILMEMBERS:
Comerchero, Ford, Lindemans, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: I
COUNCILMEMBERS:
Roberts
Susa ~ W. Jon ;s, CMC
,,.,_.,,;ity Clerk
R:resos\98-94 3
April 25, 1996
W,O. 9012240-03
EXHIBIT "A"
City of Temecula
Overland Drive Fee Rlqht-of-Way
Connie M. Hill, et. al., to the City of Temecula
That portion of Lot 116 and Apricot Street (vacated), as shown by map of The Lands of the
Temecula Land and Water Company, on file in Book.8 of Maps at Page 359 thereof, Records of
San Diego County, California, of described parcel of land:
COMMENCING at the most Northerly corner of-Par~:el I of Parcel Map 23830, as shown .by
map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof. Records of Riverside-
County. California, said comer being on the centedine of said Apdcot Street (vacated);
Thence S.44o52'17'W. along the Northwesterly line of said Parcel 1, also being along said
centedine of Apdcot Street (vacated), a distance of '11.6i feet;
Thence S.39°52'37"W., a distance of 61.63 feet;
Thence SouthWesterly on a curve concave Northwesterly, having a radius of 735.00 feet.
through an angle of 01°23'38·. an arc length of 17.88 feet;
Thence S.48°43'45'E., a distance of 8.25 feet to the Point of Beginning of the parcel to be
described;
Thence continuing S.48°43'45"E., a distance of 86.00 feet;
Thence S.39°52'37'W., a distance of 37.16 feet;
Thence Southwesterly on a curve concave Northwesterly, having a radius of 611.00 feet,
through an angle of 18°1 2'26·, an arc length of 194.16'feet;
Thence S.58°05'03"W., a distance of 34.31 feet;
Thence S.10°39'38'W., a distance of 34.23 feet to the Southwesterly line of said Parcel 1,
also being the Northeasterly line of parcel .conveyed to the County of Riverside by Deed recorded
September 6, 1983 as Instrument No. 182016, Official Records of Riverside County, California;
Thence N.34°55'13"W. along Said line, a distance of 103.18 feet to the most Westerly corner
of said Parcel 1, also being the most Northe'rl~;'corner of said parcel conveyed to the:County of
Riverside and also being on said centedine of Apricot Street (vacated);
JFD::JFD,$ADM:[LEGAL]LEGALJQT;BiyVETT-EB :
LEGAL DESCRIPTION
Overland Drive Fee Right-ol-Way
April 25, 1996
Page 2
Thence S.44°52'17"W. along said line, a distance of 0.38 feet to the most Easterly corner of
parcel conveyed to the County of Riverside by Deed recorded October 2, 1987 as Instrument No.
287178, Official Records of Riverside County, California;
Thence N.37°41'39"W. along the Northeasterly line of last mentioned parcel conveyed to the
County of Riverside, a distance of 36.12 leet;
Thence S.87°29'19"E., a distance of 27.74 feet;
Thence N.58°O5'03'E., a distance of 30.35 leet;
Thence Northeasterly on a curve concave Northwesterly, having a radius of 738.00 feet,
through an angle of 13°39'00", an arc length of 175.82 feet to a point of reverse curvature;
Thence Northeasterly on a curve concave Southeasterly, having a radius of 117.00 f~et,
through an angle of 06=54'07®, an arc length of 14.09 feet (the initial radial line bears
N.45°33'57"W.) to a point on a line that bears S.51°20'10"W., a distance of 27.15 feet from said
Point of. Beginning;
Thence N.51°20'10"E. along said line, a distance o4 27.15 feet to the Point of Beginning.
The above described parcel of land contains 0.024 acres, more or less.
RLS/MC/yb
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
...... Marissa Crowther, PLS No. 6152
Date:
jFD::JFD~a, DM:t'LEGAL}LEGALJQ7;81Y'VETr'EEI
PLAT :S
'I~E A)~/AC.~'E
~RiPT#C~N 7HE.~EIN'.
THE LANDS~ .OFTHE TE~ECULA LAND
~ AND WATER
OV E R L A N O ........T~~~
~ ~N~ No.!~Z~'- pARCEL MAP NO. 2~850
pARCEL 3
. ~ ~Ol~O-O~ ~ ~ C~ OF ~NECULA C~N~ ~. HILL, ET AL PRB~ERTY
· , /f
April 17, 1996
EXHIBIT "s"
City of Temecula
Overland Drive Fee Right-of-Way
Caltrans Parcel No. 15940
W.O. 9012240-03
That portion of Apdcot Street (vacated) as shown by map of The Lands of the Temecula Land
and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County,
California, described as follows:
Beginning at the most Northerly corner of Parcel I of Parcel Map 23830, as shown by map
on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof.' Records of Riverside County.
California, said corner being on the centedine of said Apdcot Street (vacated), and said comer being
on the Southwesterly line of parcel conveyed to State of California by Deed recorded October 17,
1950 in Book 1211, Page 440, Offidal Records of Riverside County, California;
Thence. S.44°52'17'W. along the N0rthwestedy line of said Parcel 1, also being along said
centedine of said Apricot Street (vacated), a distance' of 11.61 feet;
Thence N.39°52'37'E., a distance of 11.96 feet to the Southwesterly line of said parcel
conveyed to State of California;
Thence S.28°41 '00'E., along said line, a distance of 1.09 feet to the Point of Beginning.
The above described parcel of land contains 6.05 square feet (0.00014 acres), more or less.
This conveyance is made for the purpose of a freeway and the Grantor hereby releases and
relinquishes to the Grantee any and all abutter's rights, including access rights, appurtenant to
Grantor's remaining property, in and to said freeway.
RLS/MC/yb
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marissa Crowl. her, PLS No. 6152
Date:
JFD::JFD.~ADM:|LEGAL}LEGALJQ3:91WETTEB ·:
5 PLAT IS SOLELY A.~ AID IN LOC-, T ;'HE pARCEL(S) DESCRISED
THE AFfACh'ED DOCUMENT. IT IS NUT A FART OF T.H'E WRITTEN
SCRIPTION THEREIN.
/
/ ,,, - ,.
%e
PARCEL'
MAP
NDT,,~:
//,,'," ~Ng~CRTE5 ACCESS
pRL"PARL'D UNDO1 THe' ~Up~I'YI'~CIN Of:
~jARIISA ~WIHL"R PL.$ 6152 (cxp 3-31-98)
.,o ~OI'Z?-'~O- 0'~ ~. n~-
23830
P.l~. 151 I 150-I01 /
R\GRT6
2
GROWTH
April 25, 1996
W.O. 9012240-~03
EXHIBIT "c"
City of Temecula
Overland Drive - Pile Maintenance Easement
Connie M. Hill, et. a!., to the City of Temecula
That portion of Apricot Street (vacated) as shown' by map of The Lands of the TemeculeL Land
and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County,
California, described as fofiows:
COMMENCING at the most Northerly comer of Parcel I of Parcel Map No. 23830, as shown
by map on file in Book 157 of Parcel Maps, at Pages 100 and 101 thereof, Records of Riverside
County, California, said comer being on the centedine of Apricot Street (vacated), as shown by map
of The Lands of the Temecula Land and Water Company, on file in Book 8, Page 359 thereof,
Records of San Diego County, Caiifornia;
Thence S.4-4°52'17"W. along the Northwesterly line of said Parcel 1, also being the centedine
of said Apdcot Street (vacated), a distsnce of 66.40 feet to the Point of Beginning of the ease. m. ent
to be described;
Thence continuing S.44°52'17'W. along said line, a distance of 94.29 feet;
Thence N.41 °41'37"E., a distance of 93.98 feet;
Thence S.50°07'23'E., a distance of 5.23 feet to the 'Point of Beginning.
The above described parcel o4 land contains 0.0056 acres, more or less.
RLS/MC/mn
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marissa Crowther, PLS No. 6152
Dale: ,,~u..~-..~ 2-~ "' ~'..~ f~
JFD::JFDSADM:(LEGAL|LEGALJRB;61Y'VETTEB
: .-
; p_,7 ~ -~O-,'..'Cr ~'4 A.D ,.., L*DC,
OVERLAND
· ~ PARCEL MAP NO. ~.,3850
"" k,%. RM. 157/I00-101
PARCEL ,..3
so' 5o'
pARCEL
:COURSE DATA
<~D 6.
PRCPAqL'D UND,-"R ,'HE' $'dPlZX')~.q
j.r. DAv~D30N ~t1:I
--3 9D1~7_40-05 t n,r. ClT'f OF TEhlECULA
CITY OF TEMECULA
PILE MAINTENA1,JCE EASEMEN'
OVER
CO)~I,31E M.' HILL~ET AL FROPEKT
September 14, 1995
W.O. #95-254
APN: 910-130-026
EXHIBIT "D"
30' E.M.W.D. SEWER, INGRESS AND EGRESS EASEMENT
CITY OF TEMECULA
PROPERTY OF CONNIE M. HILL
That portion of that certain parcel of land 'conveyed to Connie M. Hill, by Deed recorded Apdl
26, 1976 as Instrument No. 55729, Official Records of Riverside County, California, being a portion
o| Lot 116 of the Murrieta portien of the Temecula Rancho, as shown by map of the lands of the
Temecuia Land and Water Company on rite in Book 8 of Maps at Page 359 thereof, Records of San
Diego County, California, lying within a stdp of land 30.00 feet wide, the cente~ine being described
as follows:
COMMENCING at the centeffine intersection ol Jefferson Avenue and Ovedand 'Ddve as
shown on Parcel Map No. 23830, as shown by map on ~e in Book 157 of Parcel Maps, at Pages
100 and 101 thereof, Records of Riverside County, California;
Thence N.32°4,.'3'25°E., a distance of 24.01 feet to the Point of Beginning of said centedine to
Thence N.~'00'E., a distance of 61.00 leer;
Thence N.51 °41 '34'F_.., 'a distance of 339.06 feet to the Northeasterly line of Parcel 1, also
being the Southwesterly line of Interstate 15 as shown on said Parcel Map No. 23830, and the
termination of said centedine description.
The above described parcel of land contains 0.148 acres, rnom or less.
hLS/MCK/mn
J.F. DAVIDSON ASSOCIATES, INC.
Prepared under the supervision of:
KIPPER 33 ' _
E~p. e 30 eg . . , P 4628
JF-D::-.JFDSADM,.(LEGALiLEGAL,JJg;~.UEANL