HomeMy WebLinkAbout96-143 CC Resolution RESOLUTION NO. 96-143
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 922-010-018) 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
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:
Parcel 1, as shown on Parcel Map 7674 filed in Book 86, pages 50 and 51 of Parcel
Maps, records of said County.
Basis of bearings: field survey based on First Street west of Front Street bearing north
44'30'26 " east per PM 7674 (86/50-5 1).
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.
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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.
IF'.@i@demans, Mayor
ATTEST:
June @@ek, CMC
City Clerk
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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. 96-143 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, Lindemans, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Stone
June S. Greek, CMC
City Clerk
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