HomeMy WebLinkAbout96-078 CC Resolution RESOLUTION NO. 96-78
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF
TEMECULA FINDING AND DET G THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES @CHO
CALIFORNIA ROAD/1-15 BRIIDGE WI]D@G AND NORTHBOUND
.RAMIP @ROVEMIENT PROJECT) (BEDFORD DEVELOPMENT
COMTANY)
THE CITY COUNCIL OF THE 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, 1240.5 10@ 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 Parcel 2 of Parcel Map No. 23624 as shown by map on file in Book 169
of Parcel Maps at pages 24 through 26 thereof, Records of Riverside County, California,
described as follows:
Beginning at the most Westerly comer of said Parcel 2, also being the Southwest comer
of Parcel 1 of said Parcel Map No. 23624;
Thence N. 85'42'13"E. along the Northerly line of said Parcel 2, also being the Southerly
line of said Parcel 1, a distance of 105.39 feet;
Thence S.20'35'46"E., distance of 110.02 feet;
Thence S.03'25'52"E., distance of 170.92 feet;
Thence S.35'42'09"E., distance of 46.45 feet;
Thence S.47'22'37"E., distance of 104.40 feet to the Southerly line of said Parcel 2;
Thence S.71'25'31"W., along said Southerly line, a distance of 73.50 feet to the
Southwest comer of said Parcel 2, also being on the Easterly line of Interstate Route 15 as shown
on said Parcel Map No. 23624;
Thence N.25'20'36"W., along the Southwesterly line of said Parcel 2 and said Easterly
line of Interstate Route 15, a distance of 439.87 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
California 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 ("NIFPA"). The project is categorically exempt from CEQA and categorically
excluded from N-EPA. 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:
(a)The public interest and necessity require the proposed project;
(b) 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;
(c)The property hereinabove described is necessary for the proposed project;
(d) 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
(e) 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.
Resos\96-78
2 -
Section 8. This Resolution shall be effective immediately upon its adoption.
PASSED, APPROVED and ADOPRED, by the City Council of the City of Temecula
at a regular meeting held on the 1 lth day of June, 1996.
Lindemans, Mayor
ATTEST:
"n Greek, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 96-78 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 1 Ith day of June, 1996, by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
@n @. Greek, CMC, City Clerk
Resos\96-78
3 -