Loading...
HomeMy WebLinkAbout00-025 CC ResolutionRESOLUTION NO. 2000-25 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 PROPOSED SITE MITIGATION FOR THE PALA ROAD BRIDGE CAPITAL 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 real property interest described generally in Section 3 of this Resolution and more particularly described in Exhibit "IA" of this Resolution ("Subject Property Interest"), is to be taken for a public use, namely for a temporary access easement to a mitigation site and all purposes necessary and convenient thereto pursuant to the eminent domain authority conferred on the City of Temecula by California Constitution Article I, Section 19, and California Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404 and California Code of Civil Procedure Sections 1230.010, et seq., including 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 Interest sought to be taken is located in the City of Temecula, County of Riverside, State of California and is a portion of a larger parcel known as Assessor's Parcel No. 961-010-006. The Subject Property Interest is located on the south side of California State Highway 79 South, east of Jedediah Smith Road in the City of Temecula. The Subject Property Interest sought to be taken is more particularly described in the legal description attached hereto as Exhibit "IA" to this Resolution. Exhibit "IA" also contains a map depicting the location of the Mitigation Site Easement, which is incorporated herein by this reference. The Subject Property Interest is required to obtain access to the mitigation site required in connection with the Pala Road Bridge Capital Improvement Project and for all purposes necessary and convenient thereto. Section 4. The City Council of the City of Temecula finds and determines that the acquisition of the Subject Property Interests is required for mitigation site in connection with the Pala Road Bridge Capital Improvement Project, Section 5. determines that: The City Council of the City of Temecula hereby finds and 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 private injury. C. The property interests described in Exhibit "I A" are necessary for the proposed project; and R:\Resos 2000-25 1 D. The offer letter required by Section 7267.2 of the Government Code has been made to the owner(s) of record, Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on March 28, 2000 when it adopted this Resolution; including the staff report dated March 28, 2000 all documents incorporated in the staff repod; the testimony at the hearing; 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. The subject easement shall include a provision which provides for relocation of the easement to accommodate development upon the mutual agreement of the parties Section 7. The City of Temecula hereby authorizes and directs the 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 28th day of March, 2000 A']'I'EST: [SEAL] R:\Resos 2000- 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2000-25 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 28th day of March, 2000, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberrs, Stone None None None S nes, CMC/AAE City Clerk R:\Resos 2000-25 3 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT 1A January 26, 2000 JN 15100168-M1 Page 1 of 1 Access Easement to Wetland Area That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel 1 of Parcel Map No. 18993 filed in Book 134, Pages 13 through 18 of Parcel Maps in the Office of the County Recorder of said Riverside County, lying within a strip of land 25.00 feet wide, the centerline of which is described as follows: COMMENCING at the centerline intersection of State Highway 79 with Jedediah Smith Road as shown on said Parcel Map; thence along said centerline of State Highway 79 South 83°43'07'' East 422.40 feet; thence South 09°50'15'' West 102.20 feet to the northerly line of said Parcel 1 and the TRUE POINT OF BEGINNING; thence continuing South 09°50'15'' West 253.25 feet; thence South 67°59'57'' East 176.29 feet to the southerly line of said Parcel 1. Said strip of land shall be lengthened or shortened so as to terminate northerly in said northerly line of Parcel 1 and southerly in said southerly line of Parcel 1. CONTAINING: 0.247 Acres, more of less. EXHIBIT "B" attached and by this reference made a part hereof. This description was prepared by me or under my direction. Ron~dL. Mathe, P.L.S. 6185 My license expires 3/31/02. H:\GRPS0XPDATA\IS100168\OFFICE\WPWlblX1681gI01.wpd 200 0 200 400 600 GRAPHIC SCALE L B-~ EASEMENT AREA ~THIN ~ = 0.163 ACRES EASEMENT AREA OUTSIDE OF MWD = 0.084 ACRES EXHIBIT 1B ACCESS EASEMENT TO WETLAND AREA I SCALE JANUARY 26, 2000 1"=200' SHEET 1 DF I SHEET IFIELD BOOK JOB NO, 15100168-M1 E