HomeMy WebLinkAbout96-077 CC Resolution RESOLUTION NO. 96-77
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF
TEMECULA FINDING AND DET G THAT THE
PUBLIC INTEREST AND NECESSITY REQUHTE THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR
PUBLIC PURPOSES @CHO CALIFORNIA ROAD/1-15
BRIDGE WIDENING AND NORTHBOUND RAMIP
@ROVEMIENT PROJECT) (KI/FKLA RANCHO REALTY,
L.L.C.)
THE CITY COUNCIL OF T114E CITY OF TEMECULA DOES HEREBY FIND, DETERMINE,
ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City of Temecula is a general law city in the County of Riverside, State
of California.
Section 2. The property hereinafter described is to be taken for a public use, namely for
public street purposes and all purposes necessary or convenient thereto, pursuant to the authority
conferred upon the City of Temecula to acquire property by eminent domain by Government Code
Sections 37350.5, 37351, 40401, and 40404 and Code of Civil Procedure Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law.
Section 3. The property sought to be taken is located in the City of Temecula, County
of Riverside, State of California, and is more particularly described as follows:
That portion of Lot 2 of Tract No. 23992, as shown by map on file in Book 231 of Maps,
at Pages 9 through 12 thereof, Records of Riverside County, California, described as follows:
Beginning at the most Westerly comer of said Lot 2, also being the Southwest corner of
Parcel 2 of Parcel Map 23624 as shown by map on file in Book 169 of Parcel Maps at Pages 24
through 26 thereof, Records of Riverside County, California;
Thence, N.71'25'31"E. along the Northerly line of said Lot 2, also being the Southerly
line of said Parcel 2, a distance of 73.50 feet;
Thence S.47'22'37"E., a distance of 10. 15 feet;
Thence S.20'00'00"E., a distance of 412.45 feet;
Thence S.40'00'00"W., a distance of 75.43 feet to the Westerly line of said Lot 2, also
being the Easterly line of Interstate Highway 15 as shown on said Tract No. 23992;
Thence, N. 15 " 45'23 "W. along said Westerly line of Lot 2 and Easterly line of Interstate
Highway 15, a distance of 181.12 feet;
Thence N.25020'36"W. continuing along said line, a distance of 281.60 feet to the Point
of Beginning.
Section 4. The City Council of the City of Temecula hereby finds and determines, that:
(a) The acquisition of the above-described property is required for the Rancho
Califon-tia Road/1-15 Bridge Widening and Northbound Ramp Improvement Project ("project");
and
(b) The project includes the acquisition of the above-described property for the
purposes of the California Environmental Quality Act ("CEQA") and the National Environmental
Protection Act ("NEPA"). The project is categorically exempt from CEQA and categorically
excluded from NIEPA. A categorical exemption and categorical exclusion have been issued for
the project by the lead agency for the project, Caltrans.
Section 5. The City Council of the City of Temecula hereby finds and determines, that:
(c)The public interest and necessity require the proposed project;
(d) 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;
(e)The property hereinabove described is necessary for the proposed project;
(f) If any interests in the subject property have already been appropriated to a public
use, the project is a more necessary public use than any use to which such property has already
been appropriated; and
(g) The offer required by Section 7267.2 of the Government Code has been made to
the owners of record.
Section 6. The City of Temecula hereby authorizes and directs the law firm of Richards,
Watson & Gershon, as City Attorney, to take all steps necessary to commence legal proceedings,
in a court of competent jurisdiction to acquire the property interests hereinabove described by
eminent domain.
Section 7. The City Clerk shall certify the adoption of this Resolution.
Section 8. This Resolution shall be effective immediately upon its adoption.
Resos\96-77 2
PASSED, APPROVED and ADOPTED this 1 lth day of June, 1996.
s, Mayor
ATTEST:
Greek, CMC, City &erk
[SEAL}
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
1, June S. Greek, the City Clerk of the City of Temecula, do hereby certify that
Resolution No. 96-77 was duly adopted by the City Council of the City of Temecula at a
regular meeting held on the llth day of June, 1996 by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts,
Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Stone
ne . ereek, CMC, City Clerk
Resos\96-77 3