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HomeMy WebLinkAbout96-144 CC Resolution RESOLUTION NO. 96-144 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 MASON/MASHBURN PROPERTY - APN 922-072-012-3 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: That portion of Lots 1 and 2, Block 17, and Front Street, as shown on the map of the Town of Temecula filed in Book 15 page 726 of maps, official records of San Diego County, California, described as follows: Beginning in the southeasterly line of said Block 17 distant thereon south 44'30'30" west 22.12 feet from the most easterly corner of said Lot 2, thence southwesterly along said southeasterly line and its southwesterly extension south 44'30'30" west 37.88 feet; Thence northwesterly within Front Street along a line parallel with and 10 feet southwesterly, measured at right angles, of the northeasterly line of said Front Street, 80 feet wide as shown on said map, said line being also the southwesterly line of said Lot 1, north 45 '29'0 1 " west 1 18.74 feet; thence traversing the interior of said Front Street and said Block 17 the following two courses: South 5 3 ' 14'20 " east 98. 1 1 feet; thence North 85'39'15" east 32.71 feet to the point of beginning. Basis of bearings: Field survey based on First Street west of Front Street bearing North Resos\96-144 1 44'30'26" east per PM 7674 (86/50-51). 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. 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. Resos\96-144 2 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. F. Lindemans, Mayor ATTEST: Jun reek, CMC City Clerk 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. 96-144 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 Resos\96-144 3