HomeMy WebLinkAbout96-142 CC Resolution RESOLUTION NO. 96-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
(KNOWN AS THE GABRIEL PROPERTY - APN 922-010-017) FOR PUBLIC
PURPOSES (FIRST STREET EXTENSION AND REALIGNMENT)
THAT 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
Goverment 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 parcels 1, 4 & A as shown on Parcel Map 7674 filed in Book 86, pages 50
and 51 of parcel maps, records of said County described as follows-.
Beginning at the west corner of said Lot A- thence along the northwest line of said Lot A
and said Parcels 4 and I North 44'30'26" East 372.85 feet to an angle point in the lines of said
Parcel 1, said point being the beginning of a
Non-tangent curve concave to the north and having a radius of 50.00 feet, a radial line to
said beginning bears South 44'30'26" West- thence easterly along said curve 92.73 feet through a
central angle of 106' 15'37"; thence
North 28'14'49" East 50.00 feet to the beginning of a
Curve concave to the southeast and having a radius of I 00. 00 feet - thence northwesterly
along said curve 5.54 feet through a central angle of 3 ' I O'l 7 " to the beginning of a
Non-tangent curve concave to the south having a radius of 327.00 feet- a radial line to
sal 'd beginning bears South 16'49'40" East- thence leaving the lines of said Parcel I and traversing
its interior easterly along said curve 35.05 feet through a central angle of 6'8'32"- thence
North 79'18'52" East 80.81 feet; thence
North 3 1 '48'46" East 3 5.59 feet to a point on the east line of said Parcel 1, said point
being the beginning of a
Non-tangent curve concave to the west and having a radius of 458.00 feet; thence
southerly along said curve 29.30 feet through a central angle of 3'39'54"- thence continuing along
said east line
South 15 '4 1'21 " East I I 0. 40 feet; thence leaving the lines of Parcel I and traversing its
interior
North 5 8 ' I I'l 4 " West 3 3.7 8 feet - thence
South 79'18'52" West 161.17 feet to the beginning of a
Curve concave to the south and having a radius of 100.00 feet; thence westerly along said
curve 18.26 feet through a central angle of 10'27'39" to the beginning of a
Compound curve concave to the southeast and having a radius of 461.00 feet; thence
southwesterly along said curve 203.37 feet through a central angle of 25' 16'34"; thence
South 44'3 1'24" West 214.93 feet to the west line of said Parcel 4-1 thence along said line
North 22'05'09" West 39.29 feet to the POINT OF BEG@FNG.
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 First
Street Extension and Realignment Project ("project");
(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 included within an environmental impact report which
was certified by the City of Temecula City Council on June 13, 1995. The environmental
document was reviewed by the City on March 26, 1996 and again on November 21, 1996 and it
was found that no changes in the project or new information had occurred since the certification
of the Environmental Impact Report which would require further environmental analysis.
R:\96-142 2
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 interest 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.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 3rd day of December, 1996.
K@fel@F. Li@demans, Mayor
ATTEST:
June ek, CMC
City Clerk
R:\96-142 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA
1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 96-142 was duly adopted at a regular meeting of the City Council
of the City of Temecula on the 3rd day of December, 1996, by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
June S. Greek, CMC
City Clerk
R:\96-142 4