HomeMy WebLinkAbout2022-34 CC ResolutionRESOLUTION NO.2022-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RESCINDING RESOLUTION NO. 2021-70,
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 APNS 910-020-077,
910-060-002, 910-060-003, 910-060-009, & 910-060-015)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. FindinLs.
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 I-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 I-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 requires the acquisition of several property interests, including the
acquisition in fee of an approximate 52,090 square foot portion ("Subject Fee Property") of those
certain vacant real properties located on the west side of Jackson Avenue in the City of Murrieta,
California, and identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910-020-
077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015 ("Larger Parcel") for public use,
namely public street and highway purposes, and all uses necessary or convenient thereto,
including, but not limited to, public street, highway, retaining walls, drainage, and public utilities
in connection with the City's proposed construction of Phase II. Larchmont Park, LLC, a
California limited liability company was the record fee owners of said real property. A billboard
structure is located on the property line of the parcel identified as APN 910-060-002 and will be
affected by the construction of Phase II. The owners of the APN 910-060-002 received rental
income from the billboard's north advertising side based on a ground lease for said billboard.
D. Pursuant to Government Code Section 7260, et seq., the City obtained a fair
market value appraisal of the approximate 52,090 square foot Subject Fee Property, the loss of
ground lease rent for the affected billboard, and all interests of Larchmont Park, LLC in and to the
subject billboard (collectively "Subject Property Interests") and on August 10, 2021 set just
compensation for the Subject Property Interests at the fair market value as determined by the City's
independent appraiser based on an October 7, 2020 date of value. On October 11, 2021, the City
extended a written offer to the owner of record, Larchmont Park, LLC, via hand delivery, to
purchase the Subject Property Interests at the fair market value established by the City's
independent appraiser pursuant to Government Code Section 7267.2. The parties negotiated in
good faith the City's purchase of the Subject Property Interests, including severance damages to
the remainder portions of the Larger Parcel but had not reached a negotiated agreement for the
purchase of the Subject Property Interests as of December 14, 2021.
E. On December 14, 2021, the City Council of the City of Temecula held a
hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010
et seq.) and adopted Resolution No. 2021-70, 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 APNs 910-020-077, 910-060-002, 910-
060-003, 910-060-009, & 910-060-015).
F. The parties resumed their negotiations after the City Council adopted
Resolution No. 2021-70, and reached an agreement on the terms of the City's purchase of the
Subject Property Interests.
G. On January 25, 2022, the City Council adopted Resolution No. 2022-07
approving a Purchase and Sale Agreement and Joint Escrow Instructions between the City and
Larchmont Park, LLC for the acquisition of the Subject Property Interests. Escrow for the City's
acquisition of the Subject Property Interests closed on March 23, 2022. The City acquired title to
the Subject Property Interests pursuant to that certain Grant Deed recorded on March 23, 2022 as
Document No. 2022-0141306 of Official Records of the County of Riverside. Accordingly, it is
necessary for the City to rescind Resolution No. 2021-70.
H. The City is authorized to rescind Resolution No. 2021-70 pursuant to Code
of Civil Procedure 1245.260(c), and other provisions of law.
Section 2. Adoption of Resolution Rescinding Resolution No. 2021-70. The City
Council of the City of Temecula adopts Resolution No. 2022-34, a Resolution of the City Council
of the City of Temecula Rescinding Resolution No. 2021-70, 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
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Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910-
060-003, 910-060-009, & 910-060-015).
Section 3. 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 261h day of April, 2022.
ATTEST
Randi ohl, City Clerk
[SEAL]
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Matt Rahn, Mayor
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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. 2022-34 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 26`h day of April, 2022, 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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