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HomeMy WebLinkAbout03-123 CC ResolutionRESOLUTION NO. 03-123 A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER 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 interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are permanent street and footing easements and temporary construction easements on the property commonly known as 27410 Jefferson Avenue, Temecula, and identified as Assessor's Parcel Number ("APN") 910-310-013, and a temporary construction easement on the vacant lot identified as APN 910-310-011 in the City of Temecula, County of Riverside, California ("Subject Property Interests"). The term of the temporary construction easements is twelve (12) months. The legal description of the Subject Property Interest~ are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easements on Assessor's Parcel Number ("APN") 910-310-013 are shown on Exhibits "A," which are marked on the top right hand corner with the job numbers ("JN") 10101661-M2 and 10101661-M4. These permanent easements are depicted on Exhibits "B" also marked with JN 10101661-M2 and 10101661-M4, respectively. The Exhibits marked with JN 10101661-M4 show the permanent footing easements. One of the temporary construction easements on APN 910-310- 013 is shown on Exhibit "A," which is marked on the top right hand corner JN 10101661-M23, and depicted on Exhibit "B" with the same job number. The legal description of the temporary construction easements on both APNs 910-310- 013 and 910-310-011 are shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M3 and depicted on Exhibit "B" with the same job number. The legal description of the temporary construction easement on APN 910-310-011 is shown on Exhibit "A," marked on the top right hand corner with the job number 10101661-M24, and depicted on the map with the same job number. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. R:/Resos 2003/Resos 03-123 1 Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further the public health and safety by ensuring adequate traffic circulation in this area and, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General Plan. The Project is also necessary to meet the demands of anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the Draft EIR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that R:/Resos 2003/Resos 03-123 2 the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth ManagementJPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS ~D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15 and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. R:/Resos 2003/Resos 03-123 3 B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the subject property interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. R:/Resos 2003/Resos 03-123 4 Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. AT'I;~-E ST: [SEAL] ____Jef~'r~y E. Stone, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-123 was duly and re.~ularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16'~ day of September, 2003, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Roberts, Stone NOES: I COUNCILMEMBERS: Pratt ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 R:/Resos 2003/Resos 03-123 COUNCILMEMBERS: ~ ~_.~ity Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92691 EXHIBIT "A" WINCHESTER ROAD May 8, 2002 JN 10101661-M2 Page 1 of 1 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. 20668 filed in Book 139, Pages 77 and 78 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at an angle point in the westerly line of said Parcel 1, said angle point being the southwesterly terminus of a course having a bearing and distance of "North 53°58'09" East 248.66 feet" in the northwesterly.line of said Parcel 1; thence along said course North 53°57'10" East 145.31 feet; thence South 49°28'52'' West 160.37 feet to the non-tangent intersection with'a curve in said westerly line of Parcel 1 concave easterly and having a radius of 170.00 feet, a radial line of said curve from said point bears South 79°54'43'. East; thence along said westerly line and curve northerly 19.21 feet through a central angle of 06*28'32" to the POINT OF BEGINNING. CONTAINING: 912 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description w~{~s.prepared by me or u~y d~rectlon. ' 4~ly license expires 3/31106. H:~PDATA~I 010166 I'~,DMIN~BOAI,S~61181002.v, pd GRAPHIC SCALE '% EXHIBIT WINCHESTER ROAD DATA TABLE G BRNG/DELTA 1 N48'O7'50"E 2 N41'52'10"W 3 N53'§7'lO"E 4 S49'28'52"W 5 06'28'32" RADIUS . LENGTH -- 97.01' -- 55.07' -- 145.31' -- 160.37' 170.00" 19.21' SHEET 1 OF I SHEET .13ON aU cTINI3 ~ ~EZ ROAD, BLIII'B 4OO .11~ECX~A, ~ 9~9t-4~75 gCALE MAY 08, 2002 1"=100' 10101661-U2 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHESTER ROAD Revised June 1, 2003 ' May 22 2002 JN 10101661-M4 ~ Page 1 of 2 Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Parcel 1 of Pamel Map No. 20668 filed in Book 139, Pages 77 and 78 'of Parcel Maps in the Office of the County Recorderof said Riverside County, described as follows: PARCEL COMMENCING at an angle'point in the westerly line of said Parcel 1, said angle point being the southwesterly terminus of a course having a bearing and distance of ~North 53°58'09" East 248.66 feet" in the northwesterly line of said Parcel 1; thence along said .course in said northwesterly line North 53°57'10" East 145.31 feet to the TRUE POINT OF BEGINNING; thence leaving said northwesterly line South 49o28'52'' West 109.07 feet; thence Sou:th 40032'04'' East 3.94 feet; thence North 49°28'52" East 159.41 feet to said northWesterly line; thence along said northwesterly line South 53°57'10" West 50.50 feet to the TRUE POINT OF BEGINNING. CONTAINING: .529 Square Feet. PARCEL 2 COMMENCING at an angle point in the northerly line of said Parcel 1, Said angle point being the northeasterly terminus of a course having a bearing and distance of "North 53°58'09" East 248.66 feet" in the northwesterly line of said Parcel 1, said angle Exhibit "A" Winchester Road RevisedStiae 1,2003 JN10.101661-M4 Page2 of 2 point beginning of a curve in the boundary line of said Parcel 1 concave southerly and having a radius of 100.00 feet, a radial line of said curve from said point bears South 36°02'50" East; thence along said northerly line and curve easterly 11.22 feet through a central angle of 06°25'35" to the TRUE POINT OF BEGINNING; thence continuing along said northerly line and curve easterly 61.98 feet through a central angle of 35Q30'51 to the southeast line of said Parcel 1; thence along said southeasteriY.line South 52°17'08'' West 5.16 feet; thence South 89°46'04" West' 9.85 feet to the beginning of a tangent curve concave southerly and having a radius of 119.09 feet; .thence along said curve westerly 47.00 feet through a central angle of 22°36'53'' to the TRUE POINT OF BEGINNING. CONTAINING: 146 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part'hereof. This description was prepared by me or under my, direction. '"7'Tl~ol~las E~Vo~oop,-P].~S~ 5348 My license expires 12/31/E3. l.E~pdn~\1010166 I~DIdII,,I~3AL,S~61 ~004,wpd · 60 0 60 120 180 GRAPHIC SCALE ~,' ,~, / ~_~ ./ EXHIt)IT FOOTING EASEMENTS DATA TAB~ · ~ ~. · BRNG/DELTA R~I~ LENG~ ~ s53'57'.,o'w - 50.50' 2 N49'28'52"E -- 159,41' 3S40'32'04"~ -- 3,94' 4 S49°28'52"W -- 109,07' 5 06'25'35" 100,00'. 11,~' ~.~.5,.,oo.~.~,.9~. 8 · S89'46'04"W -- 9,85' 9 22'36'53" 119,09' '47,00' SHEETI OF 1 SHEET. CONSULTING REVISED MAY 22, 2002 SCALE 1"=60' 10101661TM4 RBF CON6ULTING 27666 Ynez Road, Suite 400 Temecula, CA g~6g~ EXHIBIT TEMPOI~Y COH~TRUOllON EAGEMEHT WINCHESTER ROAD AugustS, 2002 JN I0101601-M2~ Page t o~2 That certahl, pate, bi of lam Situated in the City of Temeoute, County of RIverekie. 8tare of Califomta, being that portion'of Paine{ 1 of parcel Map No. 20668 flied in Book 139, Pages 77 end 78 Of Parcel. Maps In the Office of. the Coullty ~er of said Riverside County, det, crlbad a~ awhole aS f~llOws: BEGINNING at an angle point in the westedy line of saki Parcel 1, said angle Ix~int being the southwesterly terminus of a' course having a bearing end distance of 'Nord1.53'58'09" East 248.66 feet" In the northwesterly line of saki Parcel 1; . thence song the beundafyilne of said Parcel Map No. 2088B through the foilowlng ooumes: along said course North ,53'57't 0" East 248;66 feet to the beginning of a tangent curve concave southeasterly and herin0 e radius of 100.00 feet; thence at~mg ~ald curve east~dy 73.20 fee{ through e central angle of 4,1'56'26' to the most eaetarly comer of eaki Parcel 1; thence leaving said bounds ry line, non-tangent from said curve along the southeasterly line of said Parcel I ~outh 52° 17'08" West 150.30 feet:' ther~e leaving said south,,ea~ line of ~ t along Sc noFglwesteriy p~longation of the northeasterly line of Sa!d Parcel 1 North 37'42'§2' West 16.56feet; thence 8outh 53,67'tD'~ West 33,66 feet; ther~e ,~4h. 48'09~1~ We~t 23,~ feet; thence 6cath 62~613r' West' 127;65 feet to a POint on e non-tangent curve in the welrtefly line of said Parcel t concave eastedY and having · radius of 170,~ feet, a india! fine of .said carve from salcl point bears 6oulh a2'35~ East;, thence el0~ ealcl weeted¥ line and curve northerly 27.31 feet through e central angle of 06°t2'19".to the '~EUi~ POINT OF BEGiNNiNG. ~xblbit Wtnohemr ~M D/10101661tM23 P~ 2 of~. OONI'NNING: 0.t48 Acres, mote or less. 8UBdEOT TO' all Covenants,Rights, Right.of-Way and Easements of Record, EXHIBIT "B" attached hereto and by this reference made a part hereof. Thin deaodptlon was prepared '~Thomaa E. Verloop~qa.l~. 6~8, My license expires 12f31/03. OATA Sap-Z4-2003 06:24am From-RICHARDS, WATSON & GERSHON 714 990 6230 T-356 P.002/004 F-08? RBF CONSULTING 27665 Ynez Road, Suite 400 Temecula, CA 92691 ReSeed June 19, 2002 May22,2002 JN 10101661-M3 Page 1 of 2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT · WINCHESTER ROAD That cardin parmal of land situated in the City of Temecula. County of Riverside. State of California, being those po~ons of Parcels 1 and 6 of Parcel Map No, 20668 filed in Book 139, Pages 77 and 70 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at an angle point in the westerly line qf said Parcel 1, said angle point being the southwesterly terminus of a course having a bearing and distance of "North 63'§8'09" East 240.00 feet "in the northwesterly line of said Parcel 1; thence along the boundary line of said Parcel Map No. 20068 through the following courses: along said course North 53'57'10" East 248.66 feet to a tangent curve concave southerly and having a radius of 100.00 feet; thence along said curve easterly 114,19 feet through a central angle of 65°25'36'' to an intersection with a non-tangent curve concave southwesterly and having a radius of 1500.00 feet, e radial Gna of said curve from said intersection'bear .s South 29°22'18" WeGt; thence along said curve southeasterly 107.80 feet through a central angle of o4'07'03" to the easterly comer of Parcel 6 of said Pamel Map; thence leaving said boundary .l!ne, non-tangent from said curve, along the southeasterly line of said Parcel 6, South 52° 17'08" West 211.87 feet to the southeasterly prolongation of a northeasterly line of Said P~rcel 1; thence leaving said southeasterly line of Parcel 6, along said prolongation and northeasterly line North 37~42'52" West 160.76 feet; thence South 53°57'10" West 33.89 feet; thence South 48"09'19" West 23.60=fe~t; Sap-24-2006 og:24am From-RICHARDS, WATSON & GERSHON 714 690 6230 T-356 P.003/004 F-OST P. avis~ June 19, 2002 Y~ 10101661-M3 Page 2 of 2 thence South 52'51'37" West 127.85 feet to a point on a non-tangent curve in the westerly line of said Parcel 1 conoave easterly and having a radius of 170.00 feet, a radial line of said curve from said point bears South 82°38'30" East;, thence along said westerly line and curve northerly 27.31 feet through a central angle of 09°12'1 g" to the TRUE POINT OF BEGINNING. CONTAINING: 0.72t Acres, more or lass. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" aUached hereto and by this reference =3cie a p~ hereof. This description was prepared "'J~/.license expires 3131/06, Sep-24-Z00S 0B:24sm 10C'" 0 From-RICHARDS, WATSON & GERSHON 714 990 62S0 T-356 P.004/004 F-08? 1 100 200 ,30o D~?~ I ~RAPH~ C ~-'CAL~ _ B~G/O;~TA R,A,I:)X~ LI~GTH , ~ . ~ 3 09'12',19~ 170.00' ~ x P,., ,~v . ~.~.u / 5 N4B'~'19"~ -- 2~,60' ~, , WINCHESTER ROAD m " ~ , .:.N48'07'50"~ I ~. M ~ j R~y C~' ~ ~ ~ ~ .' · ~. ~ ~u~o~rc~~[ d~~/ PM ~. 20668 PCL. 2 ~ $IO"JlO.,olO · PCL. 3 E>,'HI]BIT TEMPORARY CONST, RUCT I ON EASEMENT = a r~ a U urIN a RE¢I$£D $/10/02 SCA~ MAY 22, 20Q2 1";100' SHEET 10101861-M3 Sep-Z4-Z00S DS:Slam From-RICHARDS, WATSON & GERSHON 714 090 6230 T-355 P.002/004 F-065 RBI= c, oNSUl.:ni, lle 27BrdS Ynez Road, Suite 400 Tm'nemda, CA 9'ZDIH August 8, 2002 JN 10101BBI-M2~ Page t of 2 · . . EXHIBIT 'I~,MPORARY CONiTRUOTIO~i EASEMENT WiNCHEBTER ROAO <~L~ ~,ln ~,el of [and elluafed In ~ City of Teme~ula, C~unt7 of RlverMde, $'~k'te of 'l~e'-i~gthatpo~t.k~of eamelee'lPemettdaP. No. 20Q,68 fited:l. ~ B~3.k 139, Paga~ TT and 78 of Parcel Me.,q.~'irt the. Office of the County R~ of said Riverside Oounty, deeorlbed ge ava, mia ~ fallowa: BEalNNING at an angle point In the northwesterly line of ~H Pa~l 6, ~a~ angle through the f~ c~umes: N~tth ~3 17'08 Gaat ltaU.~ me~ tO a po~t on e no~.tangent ~urve ¢oaeave southwesbad.~ and having a I:adlu~.of t00.O0 feet, a radial line of ~aM ~ from said point beam South 05"~3~J6" West;, line ~ saki Pamel ~ No~ 37°42 5,qP V/e~ 134.20 feet to the P~t u~. It~QINNINQ, OONTAININ6: 0.5?3 Ar.,m~, mom orleas, Sep-Z4-ZO03 T14 990 6230 T=355 P.003/004 F'085 .TN 10101~T-,L~4, gUI~IECT TO ~I~ ~,m'~aflts, PJOh~, ~,'~hts. of..Way and l~sen~mtSof P, ecnrd. ·EXHtBIT "B~' ettn,~'md hereto and by thla mf'erenoe ma~ ~ I~ 1~ereot'. Sep-24-20DS OS:Slam From-RICHARDS, WATSON & GERSHOH TI4 990 6290 T-S55 P.004/004 F-D85 PCL $ ' PCL. .4r EXHIBIT CONSTI .CT ON