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Home My WebLink About98-049 CC ResolutionRESOLUTION NO. 98-49 A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE OVERLAND DRIVE IMPROVEMENT PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of California. Section 2. The property interests described in Section 3 of this Resolution and more particularly described in Exhibit 1 of this Resolution, are to be taken for a public use, namely for the Overland Drive Improvement Project, construction of said project, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by California Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The property interests sought to be taken are located in the City of Temecula, County of Riverside, State of California, and are portions of a larger parcel identified by Assessors Parcel Numbers 921-680-010, 921-090-054, 921-090-055. The property interests sought to be taken are more particularly described collectively in Exhibit 1 to this Resolution, which is incorporated here by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the above described property interests is required for the Overland Drive Improvement Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated June 16, 1998 and the reports and documents cited in that Report, which are all incorporated in this Resolution by this reference. B. The potential environmental impacts of the Project were studied and analyzed in connection with Environmental Assessment No. EA-047 (Addendum to Temecula Regional Center Environmental Impact Report No. 340). On April 14, 1998, the City Council found the Project to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15162. Notice of Exemption was filed by the City on April 15, 1998. Environmental Assessment No. EA-047 consisting of an Initial Environmental Study tiered from R: resos\98-49 1 the EIR for the Regional Center Specific Plan (EIR No. 340) certified July, 1993 and the EIR Addendum (adopted October, 1994); the IES and Traffic Analysis for Planning application No. PA 98-0118 (Development Plan) and Conditions of approval for Specific Plan No. 263) Temecula Regional Center Specific Plan) and the Notice of Exemption approved April 14, 1998 are on file in the Planning Department of the City of Temecula and are incorporated herein by this reference. Therefore, no further environmental review is required. that: Section 5. The City Council of the City of Temecula hereby f'mds and determines 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; Project; and The property interest herein above described is necessary for the proposed D. The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on June 16, 1998 when it adopted this Resolution, including the Agenda Report dated June 16, 1998, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. R:resos\9849 2 ATTEST: PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 16th day of June, 1998. Ron Roberts, Mayor Susan W. Jones, CMC I' A~c ~n~City Clerk~,.~ [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-49 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the16th day of June, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None [,,. J Susan. W../-ones, CMC ~-~ 'A.c~g City Clerk R: resos\98-49 3 EXHIBIT '1' to RESO 98-49 ~ EXHIBIT ~A" ~ LEC~ DESCRIPTION FOR i ROAJD RIGHT OF WAY :i PAGE 1 OF 4 ~ ~£ING PORTIONS OF LOTS 6 AND 7 OF TRACT NO. 3334 IN THE CITY OF TEMECULA, '! coUNTY OF RIVERSIDE, STATE OF CA/~IFORNIA, AS FILED IN BOOK 54 AT PAGES 25 I THROUGH 30, INCLUSIVE, OF M3%PS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ~ cOUNTY, AND ALSO BEING PORTIONS OF PA~RCEL "B" OF LOT LINE ADJUSTMENT NO. 31 '~. RECORDED JULY 20, 1993 AS INSTRUMENT NO. 278787 IN SAID OFFICE OF THE ~ cOUNTY RECORDER OF THE COUNTY OF RIVERSIDE, MORE PARTICULA~RLY DESCRIBED AS : FOLLOWS' --, I pARCEL ~A" ROAD ~ ~EING A 50.00 FOOT WIDE STRIP OF LAND, THE NORTHERLY LINE OF WHICH IS MORE -' PARTICULARLY DESCRIBED AS FOLLOWS: i' ~ COMMENCING AT THE MOST NORTHWESTERLY COIKNER OF SAID PARCEL "B" OF LOT LINE i~DJUSTMENT NO. 31, SAID CORNER A~LSO BEING A POINT ON THE EASTERLY LINE OF = ¥NEZ ROA/~, 88 FEET WIDE, AS SHOWN ON SAID LOT LINE ADJUSTMENT NO. 31; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "B" OF LOT LINE /~DJUSTMENT NO. 31 NORTH 79"47'19" E~T, 46.00 FEET (NORTH 79~46'43" EAST, 46.00 FEET RECORD PER L.L.A. NO. 31) TO A POINT HEREINAFTER REFERRED TO AS POINT "A", SAID POINT A/~SO BEING THE BEGINNING OF A TANGENT 1000.00 FOOT RA/)IUS CURVE, : CONCAVE SOUTHERLY, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; f THENCE CONTINUING A-LONG SAID NORTHERLY LINE OF PA3,CEL "B" OF LOT LiNE ~ADJUSTMENT NO. 31 THE FOLLOWING FOUR COURSES: ; : EASTERLY A~LONG SAID 1000.00 FOOT RADIUS CURVE THROUGH A CENTPAL ANGLE OF. '~ 15°00'00" AN ARC DISTANCE OF 261.80 FEET (MEASURED AND RECORD);. · THENCE SOUTH 85°12'41" EAST, 683.49 FEET (SOUTH 85"13'17" EAST, 683.49 FEET RECORD PER L.L.A. NO. 31) TO THE BEGINNING OF A TANGENT 1000.00 FOOT RA~DIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 04°47' 19 ;:EST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06044'57" AN ARC DISTA2~CE OF 117 80 FEET (MEASURED AND RECORD); - THENCE NORTH 88002'22" EAST (NORTH 88~01'46" EAST RECORD PER L.L.A. NO. 31), 468.68 FEET TO A POINT ON' A LINE BEARING NORTH 01o26'07" WEST, SAID POINT TO BE REFERRED TO HEREINAFTER AS POINT "B", SAID POINT ALSO BEING THE TER.MINTJS OF SAID 50.00 FOOT WIDE STRIP OF LAND. C : ~LD F-.~, MI'4 T 2 . DOC 2z2,'~ 8 EXHIBIT "A" .. SHEET 2 OF 4 ~THE SOUTHERLY LINE OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO 'AS TO TERMINATE EASTERLY AT SAID LINE HAVING A BEA~ING OF NORTH 01°26'07 wEST. ~,coNTAINING 76,396.68 SQUAJ~E FEET OR 1.754 ACRES MORE OR LESS. pARCEL "B" ROAD 'BEGINNING AT POINT "k" AS DESCRIBED IN PARCEL "A" DESCRIPTION HEREIN; ~THENCE A.LONG THE NORTHERLY LINE OF SAID PA/%CEL "B" OF LOT LINE ADJUSTMENT ,NO. 31 SOUTH 79°47'19" WEST, 23.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF YNEZ RO;dD, 134 FEET WIDE, AS DESCRIBED IN INSTRUPIENT NO. 50710 RECORDED ..FEBRUARY 9, 1993 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ,RIVERSIDE; THENCE ALONG SAID EASTERLY LINE OF YNEZ ROAD SOUTH i0°12'41" EAST, 75.00 i ~ET; ~'THENCE NORTH 32°24'10" EAST, 33.97 FEET TO A LINE PA/~ALLEL WITH AND 23.00 ~FEET EASTERLY OF SAID EASTERLY RIGHT OF WAY LINE OF YNEZ ROAD; 'THENCE ALONG SAID PA/~LEL LINE NORTH 10°12'41" WEST, 50.00 FEET TO THE ,POINT OF BEGINNING. CONTAINING 1,437.50 SQU;LRE FEET OR 0.033 ACRES MORE OR LESS. iPkRCEL ~C" ROAD BEGINNING AT POINT "B" AS DESCRIBED IN PARCEL "A" DESCRIPTION HEREIN; ~ THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "B" OF LOT LINE ADJUSTMENT t NO. 31 NORTH 88°02'22" EAST, 22.52 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MARGARITA ROAD, 110 FEET WIDE, AS DESCRIBED IN INSTRLrMENT NO. 305606 RECORDED AUGUST 18, 1992 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 01°58'33" EAST, 74.99 FEET; THENCE NORTH 44°34'56" WEST, 33.97 FEET; EXHIBIT ~'A" THENCE NORTH 01°26'07,, WEST, 50.00 FEET TO THE POINT OF BEGINNING. cONTAINING 1,425.25 SQUARE FEET OR 0.033 ACRES MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO PAGE 3 OF 4 EXHIBIT "A" PAGE 4 OF 4 ; pARCEL "D" SLOPE EASEMENT BEING A 25.00 FOOT WIDE STRIP OF LJIND, THE NORTHERLY LINE OF WHICH IS THE ~ sOUTHERLY LINE OF PARCEL "A" AS DESCRIBED HEREIN; ? THE SOUTHERLY LINE OF SAID STRIP OF LA/qD SHALL BE PROLONGED OR SHORTENED i4ESTERLY SO 7iS TO TERMINATE ON SAID ET~TERLY 67.00 FOOT HALF WIDTH RIGHT- oF-WAY LINE OF YNEZ ROTkD 7kND PROLONGED OR SHORTENED EASTERLY SO AS TO TEB/4INATE ON SAID WESTERLY 55.00 FOOT HALF WIDTH RIGHT-OF-WAY LINE OF MARG7kR I TA ROAD; CONTAINING 38, 632.61 SQUARE FEET OR 0.887 ACRES, MORE OR LESS. PARCEL ~'E" TEMPORARY CONSTRUCTION EASEMENT RECORD. BEING A 15.00 FOOT WIDE STRIP OF LAND, THE NORTHERLY LINE OF WHICH IS THE SOUTHERLY LINE OF PA/RCEL "D" AS DESCRIBED HEREIN; ~ THE SOUTHERLY LINE'OF SAID STRIP OF LAuND SHT~LL BE PROLONGED OR SHORTENED WESTERLY SO AS TO TEI~MINATE ON SAID EASTERLY 67.00 FOOT HALF WIDTH RIGHT- , OF-WAY LINE OF YNEZ ROAD AND PROLONGED OR SHORTENED EASTERLY SO AS TO ~ TERMINATE ON SAID WESTERLY 55.00 FOOT HALF WIDTH RIGHT-OF-WAY LINE OF "MARGARITA ROAD; CONTAINING 23,481.40 SQUARE FEET OR 0.539 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCELS ARE SUBJECT TO COVENANTS,-- CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF SEE EXHIBIT '~C" ATTACHED HERETO , E'XHIBI T .c~. "c,~ ~ ~ ~ .~%~..-cL- APIV ~21-090-056 / ~ ~ / <~= 06'44'57"> I PARCEL~"A" <~ = ~ooo. oo'> ' ~ <L = ~7.80'> : L.L.A. NO. 51 ~ ~ (~ = 06'44'57") / INST. NO. 27878( ~(R = IOO0.00') i / REC'D 7/20/95 % . ~ (C = 117. 80') ;/ ~ /" -rRAc-r~ ~.5, X ~ sss4 , % ~ PARCEL "A" I I~ZB 54 / 25 - 30 APN 921-090-053 ~ .~ APN < > or~orrs RrCORO o~r~ ~, ,~ ~ 921-090-055 ;~ PER RS 91/1. ; ~ ~-~ O*RLANO DRIP, S'LY LINE ( ) DENOTES RECORD DATA ' ' ~, PARCEL "A" OF L.L.A. NO. PeR ~e 54/25-50 ~ ~ X INS~ NO. 278787 h REC'D 7/20/95. ZOo' ~ARC~L "~" k ~ N 10'12'41 W 296.57' ~0' ~ L~.A. NO. 5~ (N I0'~5'77" W 296.25') ~ 50' 'iN~(. NO. 278787 <N 70'12'55" W 296.25'> REC~ 7/20/95 ! <~ ,5'oo'oo"> I O T 5 APN <k = 251.80'> ~ (~ = ~5'oo'oo") ~ o4'~z'~9 ~ ~ ~ ~ (R = ~ ooo. oo' p ~ 'A' ~ ~. _ {U~ ~o'~'4~" w ~ / K ~ <N ~0'~2'5j'~ (~ ~O'~5'D" W) ?tans-Pacific ConsuJtants a~L ENC~.E[RS 27447 -Enterprise Circle West, Temeculo, CA.. 92590 LAN0 SURlYORS, PLANNERS tHIS PLAT IS S~ELY AN AIO IN I~ATING THE PARC[L(S) DESCRIBED IN THE W.O, ATTA~ED D~ENT. IT IS NOT PARr OF ~[ ~IT~N DESCRIPTI~ THEREIN SHEET 1 OF ;¢*LE: ,"= 200' ~ 0RA~ eY_T8 0AT~9/29/97~ PlRMT--~F--WAY SCALE.' 1"= 100' EXHIBIT DETAIL ~ARGARI TA RD. (110' V,,40E) PER INST. NO. 505606 REC'D 8/18/92 R/W MARGARITA RD. (88' WIDE) PER 54/25-50 Q) /~ = 01'47'35" R = 2055.00' L = 64.51' (~) N 01~8'$3" W 9.98' PT. 'B' P.O.B. PCL."C' PARCEL 'A SEE SHEET lO.l -- ~ OVERLAND DRIVE & S'L Y LINE OF PARCEL "A" OF LOT LINE ADJUSTL, IEN T NO. ,31 INST. NO. 278'787 REC'D 7/20/93 DETAIL "A " <z~ = 15 ~0'00'> <R = ~000. 00'> 7-- PARCIZL 'A' <l_ = 261.80'> II{ I / SEE SHEET ! (z~ = ~5~o'oo') [I ) ' ^ '-" (R Z ,ooo. oo';~! 1~' t oo~o oR, vE , st r L,NE (L 261.80') ~"~--~' ! I GEL 'A' OF LOT LINE '~, : J ADJUST'i,,IENT NO. ,31 PT,'A' . ~SO' ~50' ~NS~, NO, 27e~7 P.o.~, ~c~."~'~ ~ ~gc'o ~ ~ ~~ ~0~2'~" w (R).50.~' ~.97' _ ) I'. , Trans-Pacific Consultants 27447 Enterprise Circle West. Temeculo, CA.. 92590 '/HIS PLAT IS SOLELY AN All} IN LOCATING THE PARCEL(S) DESCRIBED IN 'rllE ATTAcHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. '~CALE: ~'= 100' J CIVIL ENGINEERS LAND SURVEYORS. PLANNERS SHEEr 2 Or 2 W.O. # o~^w..~ m ~c9/30/97 RIGHT-OF-WAY EXHIBIT E-XHIBI T "C" SCALE: 1"= 200' /~$T. No..~o55o5 / REC'D 8/18/92 " LOT 92?-090-056 L.L.A. NO...ti 'k INST. NO. 2787~&7 REC'D 7/20/9,5 TRACT '1 MB 54 / ,? / : I (L_- ..... PARCEL "A" / /~"' (A= 06°44'$7") / 25 ~ 30 \ \ APN Trans-Pacific 92~-090-053 LOT (R = lOO0.00' (c = z~.8o? 90.00' _ ~ Consultants 27447 Enterprise Circle West, femeculo, CA.. 92590 this PLAT IS SOLELY AN AIO IN LOCATING THE PAI~EL(S) DESCRIBED iN THE ATTACHED DOOJMENT. IT ~ NOT .PART OF' THE WRITTEN DESCRIPTION THEREIN· SCALE: I': 200' DRAWN 8Y TB OATE 2,/5/98 J "-~ OVERLAND DRIVE & E'LY LINE Of PARCEL "A" OF L.L.A. N(~ ~ INST. NO. 278787 · N~EC'D 7/20/93 L."IN A . NO. ~ ~ . INS~ NO. 278787 REC'~ ~20/93 A P]~ ~ 92~-0~0-054 ~ ~NST. NO. 507~. YNEZ ROA ~ ~ ~0'~2'4~" W CIVIL ENGINEERS LAND SURVEYORS. PLANNERS w.O. # SHEET 1 OF 1 412-013.C EASEMENT EXHIBIT