HomeMy WebLinkAbout2021-68 CC ResolutionRESOLUTION NO.2021-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE I-15/FRENCH
VALLEY PARKWAY IMPROVEMENTS — PHASE II
(CERTAIN PROPERTY INTERESTS ON APN 910-281-001
AND CERTAIN INTERESTS IN DOMINANT ESTATE
INTEREST ON APN 910-271-002)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findines.
A. The City of Temecula ("City") is a municipal corporation, located in the
County of Riverside, State of California.
B. The City, in cooperation with the California Department of Transportation
("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase
II") to improve traffic congestion and improve safety and operational efficiency within the limits
of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of
the Project, which was designed to provide interim relief by widening the existing southbound off -
ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway
and construction of the westbound portion of French Valley Parkway between the new off -ramp
and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound
collector/distributor system along I-15 from the Winchester Road/1-15 interchange northerly on -
ramps to just north of the 1-15/I-215 junction with connectors to the I-15 and I-215. These
improvements seek to alleviate congestion on I-15 at the 1-215 junction where weaving occurs as
drivers choose between the I-15 and 1-215 at the same time as they merge from Winchester Road
onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement
08-1667 between the City and the State of California by and through Caltrans ("Caltrans
Cooperative Agreement"), the City is the implementing agency for right of way and is responsible
for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under
the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental
Quality Act ("CEQA").
C. Phase II is consistent with the Circulation Element of the General Plan,
which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will
require coordination with regional and State transportation planning efforts." (Circulation
Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a
"regional transportation system that accommodates the safe and efficient movement of people and
goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the
Circulation Element because it includes the construction of interchange and regional arterial
improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta,
and other entities and improvements to current freeway interchanges within the City to achieve
performance standards.
D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta").
The City and Murrieta entered into that certain Cooperative Agreement Between the City of
Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15
Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021
and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At
its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City
Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative
Agreement Between the City of Temecula and the City of Murrieta in Connection with the French
Valley Parkway/I-15 Improvements Project — Phase I1. Pursuant to the Temecula-Murrieta
Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of
regional significance for Western Riverside County with TUMF funding allocated for a significant
portion of it. Phase II received an unprecedented $50 million grant from the Federal Government
through the Infrastructure for Rebuilding America grant program administered by the United
States Department of Transportation. The grant was supported by local Members of Congress as
well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free
flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a
national security improvement. The letter to the U.S. Department of Transportation dated
February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp
Pendleton, summarized the benefits of Phase II on the lives of service members, including a
reduction of transit times of military operational units movement on the 1-15; reduction of transit
times on the federal workforce, and improvement in the quality of life of military service members
and their families resulting from the improved circulation.
E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and
Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II.
They recognized that public agencies may jointly exercise any power common to them pursuant
to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government
Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or
more public agencies by agreement may jointly exercise any power common to the contracting
parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more
public agencies may enter into an agreement for the joint exercise of their respective powers of
eminent domain, whether or not possessed in common, for the acquisition of property as a single
parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the
power of eminent domain to acquire real property for a public use if each City meets all legal
requirements, including the payment of just compensation to the owner or into the court for the
benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property
for public street/highway purposes, and all uses necessary or convenient thereto in connection with
the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1
of the California Constitution, California Government Code Sections 6502, 37350, 37350.5,
37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent
Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110,
1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City
and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed
to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition
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of the necessary right of way for Phase II. They further agreed that pursuant to Government Code
Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise
any power common to them. Both Temecula and Murrieta are authorized to acquire real property
interests by eminent domain for public street/highway purposes. Temecula is the Implementing
Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta
consented to the City's acquisition of property interests located within the boundaries of Murrieta,
including the City's acquisition by eminent domain, if necessary, of property interests needed for
Phase II. The City agreed that it would acquire any necessary property interests for Phase II in
accordance with Government Code Section 7260, et seq., and the Eminent Domain Law, Code of
Civil Procedure Section 1230.010, et seq., and other provisions of law. The City and Murrieta
further agreed that the acquisition of the necessary real property interests required for Phase II is
a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate
congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the
Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of
any portions of the necessary real property interests required for Phase II to Caltrans in accordance
with the terms of the Caltrans Cooperative Agreement.
F. Phase II requires the acquisition of the certain property interests described
more particularly below in Section 4 referred to collectively as the "Subject Property Interests".
The Subject Property Interests consist of an approximate 177 square foot portion in fee, an
approximate 500 square foot permanent footing easement, and an approximate 822 square foot
temporary construction easement on the real property located at 26201 Ynez Road, and identified
as Riverside County Tax Assessor's Parcel Number 910-281-001, which is owned by BRE 26201
Ynez Owner, LLC. Phase II also requires the acquisition of certain interests of BRE 26201 Ynez
Owner, LLC (dominant estate interest) in and to the access and parking easement located on the
adjacent parcel identified as APN 910-271-002, which is owned by Ynez Acres II, a California
general partnership, including rights in and to an approximate 10 square foot portion of the footing
easement on the access and parking easement on APN 910-271-002 that benefits APN 910-281-
001 included within the legal description of Caltrans Parcel 24616-2 and an approximate 215
square foot portion of the temporary construction easement with a term of twenty-eight (28)
months on the access and parking easement on APN 910-271-002 that benefits APN 910-281-001
included within the legal description of Caltrans Parcel 24616-3. The City seeks to acquire said
Subject Property Interests for public use, namely for public street and highway purposes, and all
uses necessary or convenient thereto, including, but not limited to, public street, highway, retention
walls, drainage, and utilities in connection with Phase II.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of
Temecula adopts Resolution No. 2021-68, A Resolution of the City Council of the City of
Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and
Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway
Improvements — Phase II (Certain Property Interests on APN 910-281-001 and Certain Interests
in Dominant Estate Interest on APN 910-271-002).
Section 3. Authorization for Acquisition of Real Property Interests by Eminent
Domain. The City seeks to acquire by eminent domain the Subject Property Interests described
more particularly below in Section 4 of this Resolution for public use, namely for public street and
` highway purposes, and all uses necessary or convenient thereto, including, but not limited to,
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public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant
to the authority conferred upon the City of Temecula to acquire property by eminent domain by
Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502,
37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010
et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020,
1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of
law.
Section 4. Subject Property Interests. The City seeks to acquire the following
Subject Property Interests from the real property located at 26201 Ynez Road, in Temecula,
California, and identified as Riverside County Tax Assessor's Parcel Number 910-281-001,
including certain dominant estate interests of said APN 910-281-001 in and to the access and
parking easement on the adjacent parcel identified as APN 910-271-002 (owned by Ynez Acres
II, a California general partnership) that benefits said APN 910-281-001:
■ A fee interest in an approximate 177 square foot portion of APN 910-281-001
identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit
"A- I" attached hereto and incorporated herein by this reference.
• A permanent footing easement on an approximate 500 square foot portion of APN
910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly
on Exhibit "A-2" attached hereto and incorporated herein by this reference.
• An approximate 822 square foot temporary construction easement with a term of
twenty-eight (28) months to help facilitate the City's construction of Phase II on
the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and
described more particularly on Exhibit "A-3" attached hereto and incorporated
herein by this reference.
• Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square
foot portion of the footing easement on the access and parking easement (dominant
estate) that benefits APN 910-281-001 located on the portion of the adjacent real
property identified as APN 910-271-002, which is owned by Ynez Acres II, a
California general partnership, included within the legal description of Caltrans
Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary
construction easement with a term of twenty-eight (28) months on the access and
parking easement (dominant estate) that benefits APN 910-281-001 located on the
portion of APN 910-271-002 included within the legal description of Caltrans
Parcel 24616-3 that the City seeks to acquire on said Ynez Acres II Parcel. Caltrans
Parcel 24616-2 is described on Exhibit "A-4" attached hereto and incorporated
herein by this reference. Caltrans Parcel 24616-3 is described on Exhibit "A-5"
attached hereto and incorporated herein by this reference.
Section 5. Environmental Review. The environmental effects of the French Valley
Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and
PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were
studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project
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(MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution
of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley
Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and
PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA
for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and
Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental
Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for
the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on
January 29, 2010.
In adopting Resolution No. 10-14 approving the MND and the Project, the City Council
found that the Project would accomplish the following objectives: (1) reduce current and projected
traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and
operations between Winchester Road and the 1-15/I-215 junction; (3) provide alternative vehicular
access to 1-15 that will also provide operational improvements to the 1-15/Winchester Road
interchange; and (4) provide improvements to accommodate projected growth and to facilitate
local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In
adopting the MND, the City Council found that (1) the MND was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the
environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the
independent judgment and analysis of the City Council. The City duly filed the Notice of
Determination in accordance with applicable law.
Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both
NEPA and CEQA for Phase 11. The environmental effects of Phase II and the acquisition of the
real property interests needed for Phase II were studied and analyzed as an integral part of the
MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further
environmental analysis and review of the environmental documents for the Project. Caltrans
completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215;
Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with
the City Public Works Department and is incorporated in this Agenda Report by this Reference
("Caltrans Re -Validation").
In the Caltrans Re -Validation, Caltrans explained that the scope of Phase 11 was modified
to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new
bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage
improvements. The change in the scope of Phase II resulted in a decrease in full and partial
acquisitions required for Phase II and an increase in the need for temporary construction
easements. Caltrans found that the original environmental document needed to be updated and
further documentation was prepared in connection with NEPA. Based on the changed conditions
and supporting information, Caltrans found that with respect to the CEQA analysis, only minor
technical changes or additions to the previous documents were necessary and an addendum was
prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase
II improvements were previously identified and were approved as part of Phase II of the Project
described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of
impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to
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the smaller scope of Phase II and the refined project engineering information, the magnitude of
various impacts is reduced but generally remains the same as those addressed in the IS/EA.
Caltrans also found that the acquisition of 34 parcels, including the displacement of two
nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions
and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010
IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not
result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent
footing easements, and five temporary easements for construction of Phase II. Although there has
been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase
II requires the acquisition of property interests from APN 910-020-077 that were not included in
the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map
approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not
result in new impacts and that no new additional mitigation measures are required. Caltrans noted
that the proposed footing easements and use of City property would only affect undeveloped land
and would not result in displacement of any persons or businesses. Phase II may, however, require
the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor,
Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322 located on APNs
910-060-002 and 910-060-004 in the City of Murrieta. In connection with the preparation of this
Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -
Validation prepared in connection with Phase II, and found that the environmental findings for the
Project and Phase II are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests in connection with Phase II.
Section 6. Phase II, as planned and designed, is in the public interest and necessity and
is of regional significance. Phase II, as planned and located, will construct a two-lane northbound
collector/distributor (C/D) system along 1-15 from the Winchester Road/I-15 Interchange northerly
on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. Phase II
received an unprecedented $50 million grant from the Federal Government through the
Infrastructure for Rebuilding America grant program administered by the United States
Department of Transportation. The grant was supported by local Members of Congress as well as
the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of
traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national
security improvement. Phase II, as planned and designed, will alleviate congestion, and improve
safety and traffic circulation by constructing the northbound collector/distributor road
improvements. The City and Murrieta have recognized that the construction of the Project would
benefit both communities, and that both communities have a mutual interest in the Project to
improve traffic and promote safety for the general public. The improvements proposed for Phase
II seek to improve traffic congestion on the I-15 at the I-215 junction where weaving occurs as
drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road
onto the I-15, and to improve circulation along these routes.
Section 7. Phase II is consistent with the Circulation Element of the General Plan,
which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will
' require coordination with regional and State transportation planning efforts." (Circulation
Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a
"regional transportation system that accommodates the safe and efficient movement of people and
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goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the
Circulation Element because it includes the construction of interchange and regional arterial
improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta,
and other entities, and also includes improvements to current freeway interchanges within the City
to achieve performance standards.
Section 8. Phase II is planned and located in the manner that is most compatible with
the greatest public good and the least private injury. Phase II is planned and designed to construct
a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-
15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15
and 1-215. The construction of these improvements are of regional significance. Phase II is
planned and located to minimize the impact on private parcels. The construction of Phase II will
not impact any buildings. It will not result in the displacement of any persons or businesses, except
for the potential impacts to two billboard/outdoor advertising structures located on APNs 910-060-
002 and 910-060-004 in the City of Murrieta.
Section 9. The public use for which the City seeks to acquire the Subject Property
Interests, namely for public street and highway purposes, and all uses necessary or convenient
thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities
in connection with Phase II will not unreasonably interfere with or impair the continuance of the
public use to which any easement holders may have appropriated the Subject Property Interests
(Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation
of the interests/facilities of easement holders located in the area of the Subject Property Interests
and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which said public utility easement holders have appropriated any easements located in the
area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject
Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and
1240.650.
Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair
market value appraisal of the Subject Property Interests and set just compensation for the Subject
Property Interests in accordance with the fair market value. On October 11, 2021, the City
extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, BRE
26201 Ynez Owner, LLC, via certified mail and regular first-class mail. The City's offer package
included an informational pamphlet describing the eminent domain process and the record owner's
rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the
City's written offer contained a written statement of and summary of the basis for, the amount it
established as just compensation. The offer package set forth the date of value used by the
appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel of
which the Subject Property Interests are a part. The offer package also explained the applicable
zoning of the larger parcel of which the Subject Property Interests are a part. The offer also
summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion
of the fair market value. In addition, the written offer explained the appraiser's valuation analysis,
including an analysis of severance damages and of the impacts of the Phase II on the subject
billboard. It also included the comparable market data relied on by the appraiser. Further, the
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offer letter offered to pay the reasonable costs of the record owner, up to $5,000, of an independent
appraisal pursuant to Code of Civil Procedure Section 1263.025.
Section 11. The City provided written notice dated November 24, 2021 to the owner of
record of the Subject Property Interests, BRE 26201 Ynez Owner, LLC, pursuant to Code of Civil
Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution
of Necessity for the acquisition of the Subject Property Interests by eminent domain. It also
notified the record owner of the opportunity to appear before the City Council and raise questions
about whether the public interest and necessity require Phase II; whether Phase II is planned or
located in the manner that will be most compatible with the greatest public good and the least
private injury; and whether the Subject Property Interests the City seeks to acquire are necessary
for Phase II.
Section 12. Based on the evidence presented at the hearing regarding the acquisition of
the Subject Property Interests impacted by Phase II, including the Agenda Report, the documents
referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds
and determines that:
A. The public interest and necessity require Phase II;
B. Phase II is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
C. The Subject Property Interests described more particularly in Section 4
above and on Exhibit "A-1", Exhibit "A-2", Exhibit "A-3", Exhibit "A-4", and Exhibit "A-5"
hereto are necessary for Phase II; and
D. The City has made the offer required by Government Code Section 7267.2
to the owner of record of the Subject Property Interests the City seeks to acquire.
Section 13. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference and testimony and/or comments, if
any, submitted to the City by the record owner or the owner's representative(s). These documents
include, but are not limited to the City of Temecula General Plan, the offer letter and package sent
to the owner pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil
Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental
documents relating to the Project and Phase Il.
Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's
Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a
court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in
connection with Phase II. The Subject Property Interests are described more particularly on
Exhibit "A-1", Exhibit "A-2", Exhibit "A-3", Exhibit "A-4", and Exhibit "A-Y' hereto.
Section 15. City Manager Authority, The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
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Section 16. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
14th day of December, 2021.
4ATTE
Ra ohl, City Clerk
[SEAL]
j
CFAaryann Edwards, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-68 was duly and regularly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 141h day of December, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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Exhibit "A-V
Legal Description of 177 Square Foot Fee Area
(Caltrans Parcel 25216-1, Portions of APN 910-281-001)
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of land described in PARCEL A in Grant Deed recorded September 27,
2018, Document No_ 2018-0386765 in Official Records of Riverside County, situated
in the City of Temecula, County of Riverside, State of California. lying southwesterly
of the following described LINE "A":
COMMENCING at the northerly most comer of Parcel Map No. 27239 filed in Book
183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said
County, said comer being the northerly terminus of the southeasterly line of Parcel 17
(recorded thereon as N63°31'46"E 849.87 feet) of Parcel Map No. 36336 filed in Book
239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder;
thence along the northwesterly line of said Parcel Map No_ 27239
South 63°31'54" West 934.93 feet to the POINT OF BEGINNING of said LINE "A";
thence departing said northwesterly line South 28°40'57" East 318.23 feet to the
southeasterly line of Parcel 3 of said Parcel Map No_ 27239; thence along said
southeasterly line South 63°31'57" West 23.52 feet to the easterly right of way of the
freeway; thence along said right of way South 29°26'03" East 454.52 feet to the
southwesterly comer of Parcel 4 of said Parcel Map No, 27239; thence departing said
right of way South 30°47'46" East 345.54 feet to the POINT OF TERMINUS of said
LINE "A" in the most northeasterly line of Parcel 1 of grant deed to the State of
California recorded October 31, 1974 in Book 1974, Page 140387 in Official Records
of Riverside County, said northeasterly line described as North 47°44'45" West
479.92 feet in said deed, said terminus bears North 47°44'29" West 431.95 feet along
said northeasterly line from the southeasterly angle point of said northeasterly line as
shown on Parcel Map No_ 19677 filed in Book 135 of Parcel Maps, pages 85 and 86,
in said Office of the County Recorder.
Containing 177 square feet, more or less
Together with underlying fee interest, if any, contiguous to the above described
property in and to the adjoining freeway.
This conveyance is made for the purpose of a freeway and the GRANTOR hereby
releases and relinquishes to the STATE any and all abutter's rights including access
rights, appurtenant to GRANTOR's remaining property, in and to the freeway.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain
ground level distances.
08-Riv-15-PM 6.8 112
EXHIBIT "A"
LEGAL DESCRIPTION
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
� f
Signature: b�i A �
Professional Land Surveyor
Date: September 14, 2021
EXP. 12/31 /21
sic 0V CAI.�q
08-Riv-'15-PM 6.8 212
Exhibit "A-2"
Legal Description of 500 Square Foot Footing Easement
(Caltrans Parcel 25216-2, Portions of APN 910-281-001)
EXHIBIT "A"
LEGAL DESCRIPTION
An easement for footing purposes in and to that portion of land described in PARCEL
A in Grant Deed recorded September 27, 2018, Document No. 2018-0386765 in
Official Records of Riverside County, situated in the City of Temecula, County of
Riverside, State of California, lying northeasterly of the freeway and southwesterly of
the following described LINE "A":
COMMENCING at the northerly most comer of Parcel Map No. 27239 filed in Book
'183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said
County, said comer being the northerly ten-ninus of the southeasterly line of Parcel 17
(recorded thereon as N63031'46"E 849.87 feet) of Parcel Map No. 36336 filed in Book
239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder;
thence along the northwesterly line of sald Parcel Map No. 27239
South 631'31'54" West 934.93 feet to the POINT OF BEGINNING of said LINE "A";
thence departing said northwestedy line South 28940'57" East 318.23 feet to the
southeasterly line of Parcel 3 of said Parcel Map No. 27239; thence along said
southeasterly line South 63031'57" West 23.52 feet to the easterly right of way of the
freeway; thence along said right of way South 29°26'03" East 223.13 feet; thence
departing said right of way North 62008'09'East 10.00 feet; thence South 29°26'03"
East 231.00 feet, thence South 30*47'46" East 378.24 feet to the POINT OF
TERMINUS of said LINE "A" in the most northeasterly line of Parcel l of grant deed
to the State of Cal ifomia recorded October 31, 1974 in Book 1974, Page 140387 in
Official Records of Riverside County, said northeasterly line described as North
47°44'45" West 479.92 feet in said deed, said terminus bears North 47044'29" West
397.64 feet along said northeasterly line from the southeasterly angle point of said
northeasterly line as shown on Parcel Map No. 19677 filed in Book '135 of Parcel
Maps, pages 85 and 86, in said Office of the County Recorder.
Containing 500 square Feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain
ground level distances.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
Signature:
Professional Land Surveyor
Date: September 14. 2021
08-Riv-15-PM 6.8
Exhibit "A-3"
Legal Description of 822 Square Foot Temporary Construction Easement
(Caltrans Parcel 25216-3, Portions of APN 910-281-001)
EXHIBIT "A"
LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that portion of land
described in PARCEL A in Grant Deed recorded September 27, 2018, Document No.
2018-0386765 in Official Records of Riverside County, situated in the City of
Temecula, County of Riverside, State of California, described as follows:
COMMENCING at the southwesterly comer of Parcel 4 of Parcel Map No. 27239 filed
in Book 183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder
of said County: thence along the southeasterly line of said Parcel 4 North 5-1°04'12"
East, 20.28 feet; thence departing said southeasterly line South 29°26'03" East 3.1 I
feet; thence South 30°47'46" East, 312.57 feet to the northwesterly line of said
PARCEL A and the POINT OF BEGINNING; then continuing South 30°47'46" East
98.38 feet to the easterly right of way of the freeway; thence along said right of way
North 47044'29" West 34.31 feet; thence departing said right of way North 30047'46"
West 66.11 feet to said northwesterly line of PARCEL A; thence along said
northwesterly line North 62020'56" East 10.02 feet to the POINT OF BEGINNING_
Containing 822 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain
ground level distances.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
Signature:
��Y7,,,4*r'(,4
Professional Land :purveyor
Date: September 14, 2021
08-Riv-15-PM 6.8 1/11
Exhibit "A-4"
Legal Description 3,127 Square Foot Footing Easement Caltrans Parcel 24616-2
Dominant estate interest in 10 SF portion of Caltrans Parcel 24616-2 on APN 910-271-002
EXHIBIT "A"
LEGAL DESCRIPTION
An easement for footing purposes in and to that portion of land described in Grant
Deed recorded December 5, 1994 as Instrument No. 455103 in Official Records of
Riverside County, situated in the City of Temecula, County of Riverside, State of
California, lying northeasterly of the freeway and southwesterly of the following
described LINE "A":
COMMENCING at the northerly most comer of Parcel Map No. 2V39 filed in Book
'183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder of said
County, said comer being the northerly terminus of the southeasterly line of Parcel 17
(recorded thereon as N63°31'46"E 849.87 feet) of Parcel Map No. 36336 filed in Book
239 of Parcel Maps, pages 33 through 39, in said Office of the County Recorder;
thence along the northwesterly line of said Parcel Map No. 27239
South 63°31'54" West 934.93 feet to the POINT OF BEGINNING of said LINE "A';
thence departing said northwesterly line South 28°40'57" East 318.23 feet to the
southeasterly line of Parcel 3 of said Parcel Map No_ 27239; thence along said
southeasterly line South 63°31'57" West 23.52 feet to the easterly right of way of the
freeway; thence along said right of way South 29°26'03" East 223.13 feet; thence
departing said right of way North 62°08'09"East 10.00 feet, thence South 29°26'03"
East 231.00 feet; thence South 30'47'46" East 378.24 feet to the POINT OF
TERMINUS of said LINE "A" in the most northeasterly line of Parcel 1 of grant deed
to the State of California recorded October 31, 1974 in Book 1974, Page 140387 in
Official Records of Riverside County, said northeasterly line described as North
47°44'45" West 479.92 feet in said deed, said terminus bears North 47®44'29" West
397.64 feet along said northeasterly line from the southeasterly angle point of said
northeasterly line as shown on Parcel Map No. 19677 filed in Book '135 of Parcel
Maps, pages 85 and 86, in said Office of the County Recorder_
Containing 3,127 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 6_ Divide distances shown by 0,99991351 to obtain
ground level distances_
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
Signature:
/4n
Professional Land Surveyor
Date: September 14, 2021
08-Riv-15-PM 6.8 1/1
Exhibit "A-5"
Legal Description 3,147 Square Foot Temporary Construction Easement Caltrans Parcel 24616-3
Dominant estate interest in 215 SF portion of Caltrans Parcel 24616-3 on APN 910-271-002
EXHIBIT "A"
LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that portion of land
described in Grant Deed recorded December 5, 1994 as Instrument No_ 455103 in
Official Records of Riverside County, situated in the City of Temecula, County of
Riverside, State of California, described as follows:
COMMENCING at the southwesterly comer of Parcel 4 of Parcel Map No. 27239 filed
in Book 183 of Parcel Maps, pages 79 and 80, in the Office of the County Recorder
of said Couno; thence along the southeasterly line of said Parcel 4 North 51'04'12"
East, 10.14 feet to the POINT OF BEGINNING; thence continuing along said
southeasterly line North 51"04'12" East, 10.14 feet; thence departing said
southeasterly line South 29'26'03" East 3.11 feet; thence South 30°4746" East,
312.57 feet to the southeasterly line of land per said Grant Deed; thence along the
southeasterly line of said land South 62°20'56" West, 10.02 feet; thence departing
said southeasterly line North 30°47'46" West, 312.13 feet, thence North 29°26'03-
West 1.55to the POINT OF BEGINNING.
Containing 3,147 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, Zone 6_ Divide distances shown by 0.99991351 to obtain
ground level distances.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act.
Signature: �2 ! ' " � bL,--`z
Professional Land Surveyor
Date: September 14, 202_1
08-Riv-15-PM 6.8 111