HomeMy WebLinkAbout98-095 CC ResolutionRESOLUTION NO. 98-95
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 Exhibit A of this Resolution ("Subject Property
Interests"), are to be taken for a public use, namely for the Overland Ddve 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 910-310-002. The Subject Property Interests sought to
be taken are more particularly described in Exhibit A 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
R:reso\98-95 I
Interests. The environmental documentation prepared in connection with these actions was
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 Exhibit A 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:
Jones,
[SEAL]
R:reso\98-95 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. 98-95 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:
Comerchem, Ford, Lindemans, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1
COUNCILMEMBERS:
Roberts
Susan Jones CMC
Clerk
R:reso\98-95 3
EXHIBIT
CITY OF TENECU~
OVERLAND DRIVE
HILL TO THE CITY OF TEMECULA
BEING A PORTION OF LOT 116 AS SHOWN ON MA~ OF THE LANDS OF T~E
TEMECULA LAND AND WATER COMPANY FILED IN BOOK 8 PAGE 359 OF MAPS,
RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT O~T THE NORT~STERLY RIGHT OF WAY LINE OF
JEFFERSON AVENUE, BEING T~E MOST EASTERLY CORNER OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE
RECORDED OCTOBER 2, 1987 is&g INSTRUMENT NO. 287177, RECORDS OF
RIVERSIDE COUNTY, C~LIFORNIA, SA/D POINT ALSO BEING ON THE
NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCR/BED IN
DEED TO CONNIE M. HILL RECORDED APRIL 26, 1976 A~ INSTRUMENT NO.
55729, RECORDS OF SAID COUNTY;
4
THENCE, ON TH~ NORTh'EASTERLY RIGHT OF WAY LINE OF JEFFERSON
AVENUE AS DESCRIBED IN SAID DEJ~D, NORTH 37041'39' WEST, 105.00
FEET TO THE SOUTHEASTERLY LINE OF PARCEL MAP NO. 22886 RECORDED
IN PARCEL MAP BOOK 165, PAGES 87 AND 88, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA~
THENCE, ON SAID LINE, NORTH 44°52'17, EAST, 15.00 FEET;
THENCE, LEAVING SAID LINE, NORTH 71°26'10, EAST, 74.30 FEET;
THENCE, SOUTH 37a03'55' BAST', 71.60 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SA~D PARCEL OF LAND DESCRIBED IN DEED TO
CONNIE M. HILL, LYING 85.00 FEET NORTHEASTERLY OF SAID POINT OF
BEGINNING;
T~ENCE, ,ON SAID NORTHWESTERLY LINE, SOUTH 44oS2'17' WEST, 85.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 7,728.25 SQUARE FEET OR 0.18 ACRES MORE OR LESS
PREPARF. D TJNDEI~ T~ SUPERVISION OFt
JAMES A. DRENON, JR.,
P.L.S. 6153
EXPIRES 3/31/02
, [qdr~
P,M, 22886 · ,
.4
SCALE:.
PC)R, J.07' J'16
M,B, 8/850
B.!), GO, MAPB
2N~7', No,
REG'.P,
TI~PORARY CONSTRUCTION
F.~E~ENT
7728.25 SQ. FT,
0.18 ACR~
JNB'f. ND.
REC'D,
FmiENGINEERING VENTURES, INC.
LAND ~ · CIVIL EN~IIVEERING
LA~ SURVEY~
SCALE: I DRAWN BY: ~ DATE: J PROJECT:
1 =40' J,D, e-28-98
JOB NO**
SHEET 1 OF . !. 238-4H
TEMPORARY CONSTR~N F_ASETIENT