HomeMy WebLinkAbout97-031 CC ResolutionRESOLUTION NO. 9%31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
FINDING AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (FIRST STREET
EXTENSION AND REALIGNMENT) (GABRIEL 922-010-017)
THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND,
DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1.
of California.
The City of Temecula is a general law city in the County of Riverside, State
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 3.1. The property sought to be taken in fee is located in the City of Temecula,
County of Riverside, State of California, and is more particularly described as follows:
Parcel A
In the State of California, County of Riverside, City of Temecula, being that portion of parcel 4,
as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said
County, described as follows:
Beginning at the most westerly corner of parcel 4, as shown on said parcel map 7674;
Thence along the northwesterly lines of said parcel 4, north 44°30'26" east 32.71 feet to the
beginning of a curve concave southerly and having a radius of 100.00 feet.;
Thence easterly along said curve 28.38 feet through a central angle of 16° 15'37";
Thence north 60°46'03" east 7.33 feet to a line parallel with and distant 36.05 feet, measured at
fight angles, southeasterly of the centerline of First Street, (60 feet wide), as shown on said parcel
map 7674;
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Thence leaving said northwesterly lines, and along said parallel line south 44°30'26" west 70.43
feet to the westerly line of said parcel 4, being a non-tangent curve concave southwesterly and
having a radius of 1717.02 feet; a radial line to said point bears north 68°34'11" east;
Thence northerly along said non-tangent curve 6.63 feet through a central angle of 0° 13' 16" to
the point of beginning.
Parcel
In the State of California, County of Riverside, City of Temecula, the northwest 36.05 feet of the
northeast 55.60 feet of parcel 4, as shown on parcel map 7674 filed in book 86, pages 50 and 51
of parcel maps, records of said County, described as follows:
Beginning at the most northerly corner of Lot A, as shown on said parcel map 7674, said point
being on the centerline of First Street, as shown on said parcel map 7674;
Thence along said centerline, being also the northwest line of said parcel 4, north 44°30'26" east
39.15 feet to the most northerly comer of said parcel 4;
Thence along the northeasterly line thereof south 47° 13'54" east 36.07 feet to a line parallel with
and distant 36.05 feet, measured at right angles, southeasterly from said centerline of First Street;
Thence along said parallel line, south 44°30'26 west 55.60 feet to the northeasterly line of said
Lot A, said point also being the beginning of a non-tangent curve concave southwesterly and
having a radius of 50.00 feet, a radial line to said point bears south 89°21'02" east;
Thence along said northeasterly line, and northerly along said non-tangent curve 40.27 feet
through a central angle of 46°08'32" 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).
Section 3.2. The property sought to be taken for a drainage easement is located in the
City of Temecula, County of Riverside, State of California, and is more particularly described as
follows:
Parcel C
In the State of California, County of Riverside, City of Temecula, being that portion of parcel 4,
as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said
County, described as follows:
Commencing at the most westerly corner of parcel 4, as shown on said parcel map 7674;
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Thence along the northwesterly lines of said parcel 4, north 44°30'26" east 32.71 feet to the
beginning of a curve concave southerly and having a radius of 100.00 feet;
Thence easterly along said curve 28.38 feet through a central angle of 16° 15'37";
Thence north 60046'03" east 7.33 feet to the true point of beginning, a point on a line parallel
with and distant 36.05 feet, measured at right angles, southeasterly of the centerline of First
Street, (60 feet wide), as shown on said parcel map 7674;
Thence continuing along said northwesterly line north 60046'03" east 42.67;
Thence leaving said northwesterly line, south 73040'38" east 11.20 feet;
Thence north 86024' 15" east 64.82 feet;
Thence north 56024' 15" east 11.86 feet;
Thence south 33035'45" east 36.48 feet;
Thence south 53056'00" west 39.19 feet;
Thence north 36004'00" west 19.80 feet;
Thence south 86024' 15" west 85.27 feet;
Thence south 74022'23" west 40.87 feet to said parallel line;
Thence along said parallel fine, north 44030'26" east 35.75 feet, to the true point of beginning.
Containing 4,487 square feet, more or less.
Basis of bearings: field survey based on First Street west of Front Street bearing north 44030'26"
east per PM 7674 (86/50-51).
Section 3.3. The property sought to be taken for a temporary construction easement is
located in the City of Temecula, County of Riverside, State of California, and is more particularly
described as follows:
Parcel D
In the State of California, County of Riverside, City of Temecula, that portion of parcel 4, as
shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said
County, lying northwesterly of a line parallel with and 76.05 feet southeasterly, measured at a
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right angle, of the centerline of first street, 60 feet wide, as shown on said map.
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");
CO) 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 March 10, 1997 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;
Co) 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.
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PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the 25th day of March, 1997.
Patricia H. Birdsall, Mayor
ATTEST:
City Clerk
[SEAL]
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. 97-31 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 25th day of March, 1997, by the following roll call vote:
AYES:
4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Stone
June S. Greek, CMC
City Clerk
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