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Home My WebLink About98-068 CC ResolutionRESOLUTION NO. 98-68 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PALA ROAD BRIDGE AND ROAD REALIGNMENT IMPROVEMENT PROJECT (FEDERAL PROJECT NOS. BRLS-5459(003) AND BRRS- w }50) 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 generally 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 Pala Road Bridge and Road Realignment 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, 40403 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 Number 922-110-032. The property interests sought to be taken are more particularly described in Exhibit 1 to this Resolution, which is incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property Interests is required for the Pala Road Bridge and Road Realignment Improvement Project ("the Project"). A general description of the Project is set forth in the Agenda Report dated July 14, 1998 and the reports and document s cited in that Report, which are all incorporated in this Resolution by this reference ("Subject Property Interests"). B. The potential environmental impacts of the acquisition of the Subject Property Interests were analyzed by Riverside County and the Federal Highway Administration in connection with the Pala Road Bridge and Road Realignment Project ("Project"), Federal Project Nos. BRLS 5459(003), BRRS-W950. The Riverside County Transportation Department R:resos.98-68 1 staff, in cooperation with Caltrans, the City and the FHWA, conducted a field review of the Project and completed various environmental studies. The County determined that the Project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3). Notice of the determination was duly filed with the County Clerk on January 23, 1996, and posted on February 24, 1996. The FHWA conducted a separate field review of the Project and reviewed the Project documents and determined that the Project is a "Categorical Exclusion," Class II action, as described in 23 Code of Federal Regulations § 771.117. On July 10, 1997, the FHWA District Engineer endorsed the Categorical Exclusion determination. Pursuant to CEQA Guidelines 15162, the fmdings made by the County and FHWA are also the appropriate findings with respect to acquisition of the Subject Property Interests. The City Planning staff has reviewed the above determinations and the Project documents. On June 30, 1998, City staff determined that since the County and FHWA determinations, there have occurred no significant changes in the Project or in the environment and no new information ha been obtained that would require further environmental analysis. that: Section 5. The City Council of the City of Temecula hereby finds 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 interests described in Exhibit 1 are necessary for the proposed D. The offer required by Section 7267.2 of the Government Code has 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 July 14, 1998 when it adopted this Resolution, including the Agenda Report dated July 14, 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.9848 2 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of July, 1998. ATTEST: · Jones, City-'-Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 98-68 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of July, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Susan, s, CMC Clerk R:resos.98-68 3 6/17/986/17/98EXHIBIT LEC~ DESCRIPTION FOR ROAD PLrRPOSES BEING PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 11984, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 67, PAGE 87, OF PARCEL FLAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL "A" (FEE TITLE) COMMENCING AT THE CENTERLINE INTERSECTION OF PALA ROAD AND STATE HIGHWAY 79 (142.00 FEET WIDE) AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 83, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, IN THE RECORDER'S OFFICE OF SAID COUNTY, SAID POINT BEING ALSO ON A 1500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RA/DIAL LINE TO SAID POINT BEARS SOUTH 08o10'04" WEST; THENCE EASTERLY ALONG SAID CURVE AND SAID CENTERLINE OF STATE HIGHWAY 79 THROUGH A CENTRAL ANGLE OF 09o37'35", A DISTANCE OF 252.02 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°16'41" WEST; THENCE LEAVING SAID CENTERLINE OF STATE HIGHWAY 79 SOUTHERLY ALONG SAID CURVE THROUGH A CENTPAL ANGLE OF 44o41'39", A DISTANCE OF 780.06 FEET; THENCE SOUTH 55o24'59" EAST, 411.15 FEET TO THE BEGINNING OF A 2000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07054'04", A DISTANCE OF 275.80 FEET TO THE CENTERLINE OF PAI. Jt ROAD (110.00 FEET WIDE) AS SHOWN ON SAID PARCEL MAP NO. 11984, SAID POINT BEING ALSO ON A 2350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 26o40'57" EAST; THENCE LEAVING SAID CENTERLINE RADIALLY NORTH 26040'57" EAST, 55.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PALA ROAD, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A tKADIAL LINE TO SAID POINT BEARS NORTH 26°40'57" EAST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE 7kND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THROUGH A CENTB3tL ANGLE OF 04008'56", A DISTANCE OF 174.15 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 1; 6/1g/98 THENCE LEAVING SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 83026'40" EAST, 22.78 FEET TO A POINT ON A 1945.00 FOOT RADIUS NON-TA/qGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31015'07" WEST; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 1 SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'10", A DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 683.25 SQUARE FEET OR 0.016 ACRES, MORE OR LESS. SEE EXHIBIT ~B" ATTACHED HERETO PARCEL "B" SLOPE EASEMENT COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ALSO ON A 2405.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEA/~S NORTH 22°32'01" EAST, SAID POINT BEING ALSO ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF P/LLA ROAD (110.00 FEET WIDE) AS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 83, PAGES 63 THROUGH 75 INCLUSIVE, OF RECORDS OF SURVEYS, IN THE RECORDER'S OFFICE OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 83o26'40" EAST, 22.78 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO ON A 1945.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°15'07" WEST; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 83o26'40" EAST, 18.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 68°13'30" EAST, 49.95 FEET; THENCE SOUTH 50o53'40" EAST, 50.94 FEET TO THE BEGINNING OF A 2415.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 25044'08" EAST, SAID CURVE BEING ALSO CONCENTRIC WITH AND 10.00 FEET NORTHEASTERLY OF SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PA3_J%ROAD; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13o21'48", A DISTANCE OF 563.26 FEET TO A LINE BEARING NORTH 04023'26" EAST, DESCRIBED AS FOLLOWS: 6/18/98 BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 04023'26" EAST, 431.71 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG SAID LINE SOUTH 04°23'26" WEST, 12.18 FEET TO SAID SOUTHEASTERLY CORNER OF PARCEL 1, SAID POINT BEING ALSO ON SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF PTkLA ROAD, SAID POINT BEING ALSO ON A 2405.00 FOOT PJkDIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 39°15'51" EAST; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 12034'54", A DISTANCE OF 528.12 FEET TO THE BEGINNING OF A 1945.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEi~kRS SOUTH 26040'57" WEST; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTHWESTERLY A.LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°34'10", A DISTANCE OF 155.11 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 7,180.65 SQUARE FEET OR 0.165 ACRES, MORE OR LESS. SEE EXHIBIT '~C" ATTACHED HERETO PARCEL"C" TEMPORARY CONSTRUCTIONEASEMENT BEING A 15.00 FOOT STRIP OF LAND, THE SOUTHWESTERLY LINE OF WHICH IS THE NORTHEASTERLY LINE OF PARCEL "B" AS DESCRIBED HEREIN; THE NORTHEASTERLY LINE OF SAID STRIP OF LA/~D SHALL BE PROLONGED OR SHORTENED NORTHWESTERLY SO AS TO TERMINATE ON SAID NORTHERLY LINE OF PARCEL 1 AND PROLONGED OR SHORTENED SOUTHEASTERLY SO AS TO TERMINATE ON SAID LINE BEARING NORTH 04°23'26" EAST AS DESCRIBED IN PARCEL "B" HEREIN; CONTAINING 9,709.95 SQUARE FEET OR 0.223 ACRES, MORE OR LESS. THE kBOVE DESCRIBED PARCELS ARE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. THE AJBOVE EASEMENT SHALL TERMINATE AND HAVE NO EFFECT 30 DAYS AFTER FILING OF A "NOTICE OF COMPLETION" ON THE PALA ROAD BRIDGE IMPROVEMENT PROJECT. SEE EXHIBIT ~D" ATTACHED HERETO 6/18/98 ~ P/X~'~r~ , o ~/_.~,"-.'2~._~ ~_. I . ~ ~. X / ~ ~ - /,' PER RECORD OF SURLY, FILED 8K 83 PAGES 63-Z~ reV. ~0 . , . OENOTE5 PROPOSED ~ ~0' R~GHT-OF-WA Y. Frans-Pacific Consultants .~7447 Enterprise Circle West. Temeculo, CA., 92590 'HIS PLAT I$ SOl_ELY AN AIO IN LOCATING THE PARCEL(S) DESCRIBED IN THE ,TTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. gALE: ;'= 100' I DI~AW~ 8Y TJL o,,..-,-,,/o6/981 EXHIBIT _'T~*RTVC\DATA\SURVEY\PAL*, ROAD BRIr)GF\RA'~r ~A,~\;'A~rl~lrl,.ir~xoT~.u?-nr-,,~v, ,,~o,, - CIVlL ENGINEERS LANDSURVEYORS. PLANNERS SHEET 1 OFs Iw'O' # FOR ROAD EXHIBIT "B" x, 110' RIGHT-OF'-WA Y \ \ \ N \ \ \ ,ns-Pacific Consultants 7 Enterprise Circle West. 7emecula. CA., 92590 .AT IS S(X..[LY AN AID IN LOCAT1NG THF' PARCEL(S) D[SCRIB£0 IN 'ED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. ;"= '00' J DRAWN BY TJL DATE4t06/98 EXHIBIT [:\DATA\SURV[Y\P&LA ROAD BRJDCi[\BAS[_NAPNEASEH[NTS\RJI.~HT-Or-~d~,Y\IIOR%I.I~D%IG CIVIL ENGINEERS LAND SURVEYORS. PLANNERS I SHEET 2 OF 5 I w'O' # FOR ROAD 2- 30-9~ I ~.9,Ot o,~ x, EXHIBIT "B" \ \ 110' EXIST. ROAD EASEMENT PER INST, NO. 180551 REC. ON 5/16/90 PROPOSED 1 I0' RIGH T- OF- WAY \ 83°26'40' E 22. 78' ['cans-Pacific ConsulLants 7447 Enterprise Circle West, Temeculo, CA., 92590 -ItS PLAT IS SO{ELY AN AID IN LOCATING THE PARCEL(S) DImSCRIBED IN TH[ I"TACHED DOCUMENT. IT IS NOT PART OF' THE WRIl-I'[N DESCRIPTION THER[IN. :AGE: ~"= 60' I DRAWN e¥ TJL DATE4/06/98I EXHIBIT TDRIVE\DATA',,.";URVEY",,PALA 1~0AD ERIOGEXBA.~[_NAp\£A'~y'HENTS\RiGHT-OF-~i.~y\i[O~ CIVIL ENGINEERS LAND SURVEYORS. PLANNERS w.o. # SHEET 3 OF' 5 FOR ROAD ]- 30-9g ~ 32:41 EXHIBIT "C" I~0' EXIST. ROAD EASEMENT PER I~S7'. NO. ~8058~ RE'C. ON 5/16/90 DATA TABLE (1~ 04°3490' ~945.00' 755.~' TANGEN 77. 60 50°$$%0' W 50,9~. Y LINE Of' p~l~C~l. I ~ 21 / . " APN 950-110-032 , 20 PARCEL MAP NO. 11984 \ \ \ \ \ Frans-Pacific ConsulLants !7447 Enterprise Circle West, Temeculo, CA., 92590 ..ils PLAT IS SOLELY AN AIO IN LOCATING THE PARCEL(S} DESCRIBED IN THE TTACHED OOCUkI£NT. IT I$ NOT PART OF THE WRITTEN DF$CRIPT1ON THEREIN. CIVIL ENGINEERS LAND SURVEYORS, PLANNERS SHEET 4 0¢ 5 W.O. # ALE: :"= 100' j DRAWN 8'I'TJL_DATE4./06/98I SLOPE EASEMENT-- ;'DRJVE\DATA\SURVEY\PALA 120AD BI~IDC~E\BA,~C_~,iAP\CA,~ENENTS\~ir. HT_Or_V&¥\~i Jg~r vY?-~ EXHIBIT EXHIBIT "D" 110' EXIST, ROAD EASEMENT PER INS[ NO. I8058~ REC. ON 5/16/90 ! \ I / \ · ,%// APR 950-110-032 PARCEL MAP NO, 1198-,'; PM 87/87 PCL I \ \ \ Crans-Pacific Consultants !7447 Enterprise Circle West. Temeculo. CA.. 92590 His PLAT IS sOrELY AN AID IN LOCATING THE PARCEL(S} DE$CRIRED IN THE TTACHED DOCUMENT, IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. :^~: ,"= loo' J o.^w~ ~. TJL ~.~,~/06/981 TEMPORARY \ \ CIVIL ENGINEERS LAND SURVEYORS. PLANNERS ISHEET 5 Or 5 W.O. /~ CONSTRUCTION EASEMEN TDR~VE\OATA\SU~VEY\PALA QOAD BRIOGE\BASE_~AP\EASEHENTS\R[GHT-OF-VAY\TEE_K¥CIDVG