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HomeMy WebLinkAbout95-057 CC ResolutionRESOLUTION NO. 95-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (WINCHESTER ROAD/INTERSTATE 15 INTERCHANGE IMPROVEMENTS) 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 and freeway proposed and all uses appurtenant thereto ("Project"); and 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 taking of the Interests as above described is necessary for the stated Project and such taldng is authorized by Section 19, Article I of the California Constitution, Section 37350.5 and Section 40400 et seq., of the California Government Code, Section 1230.010 et seq, of the California Code of Civil Procedure, and other applicable law; and D. The offer to purchase required by California 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 that 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 and freeway 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. Roaoa\95-57 1 Section 4. Said Interests hereinabove referred to, the acquisition of which is required by said public interest, convenience and necessity for the purposes set forth in Section 1. hereof, is located in the City of Temecula, County of Riverside, State of California, 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 Attorney and the firm of Burke, Williams & Sorensen, as special counsel, under the direction of the City Attorney, 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, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of June, 1995. ATrEST: JuneS.~k, CMC, l~~lerk Jeffrey E. Stone, Mayor [SEAL] Rcaoa\95-57 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95-57 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of June, 1995, by the following vote: AYF~: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Gree'k,~CMC, City Clerk Reaoa\95-57 3 EXHIBIT A KR PALM PLAZA PARCELS PARCEL 1 In fee rifle, over, under, along and across the following described real property for public street and freeway purposes and all uses appurtenant thereto, including any and all abutter's rights, including access rights, appurtenant to KR Palm Plaza's remaining property, in and to the area included within the easement as follows: That portion of Parcel 1 of Parcel Map No. 23430 as shown by map on f'fie in Book 168 of Parcel Maps, Pages 7 through 9 thereof, Records of Riverside County, State of California, being described as follows: BEGINNING at the Southwest corner of said Parcel 1, also being a point on the Easterly line of that certain parcel of land conveyed to the State of California by deed recorded July 12, 1973 as being Instrument No. 90990, Official Records of said Riverside County; Thence N.76°14'18"E. along the Southerly line of said Parcel 1, also being the Northerly line of Parcel 9 of said Parcel Map No. 23430, a distance of 39.25 feet; Thence N.01°41'00"E., a distance of 99.23 feet; Thence N.07°22'00"E., a distance of 89.56 feet; Thence N.04°06'07"E., a distance of 139.27 feet; Thence Northerly on a curve concave Westerly having a radius of 240.00 feet, through an angle of 45"57'34", an arc length of 192.51 feet; Thence N. 17°56'00"W., a distance of 104.04 feet to a point on said Easterly line of parcel of land conveyed to the State of California, also being on the Westerly line of said Parcel 1; Thence Southerly along said line on a non-tangent curve concave Easterly, having a radius of 200.00 feet, through an angle of 37°12'35", an arc length of 129.89 feet (the initial radial line bears N.58°14'16"W); Thence continuing along said line S.05°26'51"E., a distance of 318.19 feet; ~.X2:129644.1 Page -1- of 5 Thence continuing along said line Southerly on a curve concave Easterly, having a radius of 1200.00 feet, through an angle of 08°18'51", an arc length of 174.13 feet, to the Point of Beginning. The above described parcel of land contains 46,236.35 square feet (1.061 acres), more or less. ~.,x2:~2964n.a Page -2- of 5 THIS PLA? IS SOLELY ,~'¢ A/O 1,¥ LOC. X;,HS T'r~'E PXmCEL(S,) OESCR/BEO /hi THE ATTACHED DOO,b',UE/,'T. /T /S t,'OT A PA~T 0£ /,'~.E ~'RITT£,',I OESCRIP~©N Tt~ERE/N. / / WINOHESTER wo 90-122q0-~2_ . nL,-. ~oE / or / s,,-r: AUO. 5o, /~-~ ,.d- 4 ?A?iCEL J A/. 07~22'00~. 90/2240 ('P.) C/Tr D~' T~AdECU£,q RIGHT-z~F- ~IA Y ' IT£PICA TION PARCEL 2 An easement in, over, along and across the following described property for public drainage purposes and all uses appurtenant thereto: That portion of Parcel 1 of Parcel Map No. 23430 as shown by map on f'fie in Book 168 of Parcel Maps, Pages 7 through 9 thereof, Records of Riverside County, State of California, being described as follows: COMMENCING at the Southwest corner of said Parcel 1, also being the Northwest corner of Parcel 9 of said Parcel Map No. 23430; Thence N.76°14'18"E. along the Southerly line of said Parcel 1, also being the Northerly line of said Parcel 9, a distance of 39.25 feet to the Point of Beginning of the easement to be described; Thence continuing N.76°14'18"E., along said line, a distance of 27.79 feet; Thence N.01°38'20"E., a distance of 7.62 feet; Thence N. 88°21'40"W., a distance of 26.78 feet; Thence S.01°41'00"W., a distance of 15.00 feet to the Point of Beginning. The above described parcel of land contains 302.91 square feet (0.006 acres), more or less. Page -3- of 5 EXHIBIT B THIS PLAT IS SOLELY A,'~ AID IN LOCATIt~S THE PIJ~CEL($] DESCR/£ED 114 THE AFT, AC,~,'ED DOCUlaEt¢~, IT IS MO? A PA,~]' OF THE i~.'RI7TEt~ DESC,*.?,'P?/OM THEr?6'N. MERVYN'S PARCELS PARCEL 3 In fee rifle, over, under, along and across the following described real property for public street and freeway purposes and all uses appurtenant thereto, including any and all abutter's rights, including access rights, appurtenant to Mervyn's remaining property, in and to the area included within the easement as follows: That portion of Parcel 9 of Parcel Map No. 23430 as shown by map on file in Book 168 of Parcel Maps, Pages 7 through 9 thereof, Records of Riverside County, State of California, being described as follows: BEGINNING at the Northwest corner of said Parcel 9, also being a point on the Easterly line of that certain parcel of land conveyed to the State of California by deed recorded July 12, 1973 as Instrument No. 90990, Official Records of said Riverside County; Thence N.76°14'18"E. along the Northerly line of said Parcel 9, also being the Southerly line of Parcel 1 of said Parcel Map No. 23430, a distance of 39.25 feet; Thence S.01°41'00"W., a distance of 62.05 feet; Thence S.06°55'00"E., a distance of 86.71 feet; Thence S.19°10'51"E., a distance of 63.79 feet, to a point on said Easterly line of parcel of land conveyed to the State of California, also being on the Westerly line of said Parcel 9; Thence Northerly along said line on a non-tangent curve concave Easterly, having a radius of 1200.00 feet, through an angle of 10°02'59", an arc length of 210.48 feet (the initial radial line bears S.66°11'19"W.), to the Point of Beginning. The above described parcel of land contains 3,055.00 square feet (0.070 acres), more or less. _.X2:129644.1 Page -4- of 5 EXHIBIT B FrHS ?Lt, F /$ SOLELY AN AID iN LOC~,T,','vG ?H£ ?t, RCJL(S) DESCR/EED IN TH[ ~TTAC,~,ED DOCUMENT. IT IS NCT A ?~T 0£ ~,'~.[ ~R/TTCN II WINCHESTER 11 PARCEL 4 An easement in, over, along and across the following described property for public drainage purposes and all uses appurtenant thereto: That portion of Parcel 9 of Parcel Map No. 23430 as shown by map on file in Book 168 of Parcel Maps, Pages 7 through 9 thereof, Records of Riverside County, State of California, being described as follows: COMMENCING at the Northwest corner of said Parcel 9, also being the Southwest corner of Parcel 1 of said Parcel Map No. 23430; Thence N.76°14'18"E. along the Northerly line of Parcel 9, also being the Southerly line of said Parcel 1, a distance of 39.25 feet to the Point of Beginning of the easement to be described; Thence continuing N.76° 14' 18"E. along said line, a distance of 27.79 feet; Thence S.01°38'20"W., a distance of 22.38 feet; Thence N. 88°21'40"W., a distance of 26.80 feet; Thence N. 01°41'00"E., a distance of 15.00 feet to the Point of Beginning. The above described parcel of land contains 500.79 square feet (0.011 acres), more or less. Page -5- of 5 EXHIBIT B £H/$ PLA? /S SOLELY A;,' A/O IN LOCAT/NO THE PARCEL[S] DESCR/SED ThE ATTACHED OOCUUEtfT. tT IS NOT A PART OF THE ~'R/TTE,q CESCR,??/ON Oi?/ //V,4 G£ W/ S:tXL:A/ T ~0 ~O-/2~GO-OZ i ~ CiTY OF?£MSCULA