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Home My WebLink About96-145 CC Resolution RESOLUTION NO. 96-145 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 MAATHEWS/DENNY PROPERTY - APN 922-091-003-4) 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: Acquisition Parcel: That portion of Lot 1, Tract 21375, as shown by map on file in Book 165, pages 25 and 26 of Maps, records of said County, described as follows: Beginning at the most northwesterly corner of said Lot 1, thence easterly along the northerly line thereof North 74'18'39" East 15.83 feet (N 74'17'12" E per Tract 21375); thence leaving said line South 36'28'57" West 13.72 feet; thence southerly along a line parallel with and 5 feet easterly, measured at right angles, of the westerly line of said lot I South 15'41'21 " East 146.94 feet (S 15 042'48 " E per Tract 21375); thence South 12'43'47" East 96.85 feet to said westerly line; thence northerly thereon North 15'41'21" West 252.09 feet (N 15'42'48" W per Tract R:\96-145 21375) to the point of beginning. Basis of bearings: Field survey based on First Street west of Front Street bearing North 44'30'26" East per PM 7674 (86/50-51). Temporary Construction Easement: That portion of Lot 1, Tract 21375, as shown by map on file in Book 165, pages 25 and 26 of Maps, records of said County, described as follows: That portion of said Lot 1 lying westerly of the following described line: Beginning at a point on the westerly line of said Lot 1, distant thereon 270.72 feet from the northerly terminus of said westerly line; Thence North 74'18'39" east 5.64 feet; Thence parallel with and 55.64 feet easterly of the centerline of Front Street, as shown on said Tract Map 21375, North 15 0 4 1'21 " West 1 14.79 feet; Thence North 74'18'39" East 35.00 feet; Thence parallel with and 90.64 feet easterly of said centerline of Front Street, North 15'41'21" West 103.42 feet; Thence South 74'18'39" West 40.64 feet to said westerly line of said Lot 1. Excepting Parcel A as described in Exhibit A. 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 Realigrunent 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 envirorunental 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 R:\96-145 2 November 21, 1996 and it was found that no changes in the project or new information had occurred since the certification of the Envirom-nental 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. 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. Liff@emans, Mayor ATTEST: June eek, CMC R:\96-145 3 City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 96-145 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 R:\96-145 4 EXHIBIT 1 Gal~net P rooer't'y October 5. 1996 Page I of ! PARCEL A IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE. CITY OF TEMECULA. PARCEL 1, AS SHOWN ON PARCEL MAP 7674 FILED IN ROOK 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 BF_.,~RiNG NORTH 4,.1.'30'25" EAST PER PM 7674 (86/50-51). NORRIS-REPKE, INC. 33055 VINO WAY TEMECULA, CA 92591 JN 92-03/4X NORRIS, PE. C15. REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. A.P.N. 922-010-01 8' t 9203',432A.LGL