HomeMy WebLinkAbout00-025 CC ResolutionRESOLUTION NO. 2000-25
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 PROPOSED SITE
MITIGATION FOR THE PALA ROAD BRIDGE CAPITAL
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 real property interest described generally in Section 3 of this
Resolution and more particularly described in Exhibit "IA" of this Resolution ("Subject Property
Interest"), is to be taken for a public use, namely for a temporary access easement to a
mitigation site and all purposes necessary and convenient thereto pursuant to the eminent
domain authority conferred on the City of Temecula by California Constitution Article I, Section
19, and California Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and
40404 and California Code of Civil Procedure Sections 1230.010, et seq., including Sections
1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410,
1240.510, 1240.610, 1240.650, and other provisions of law.
Section 3. The Subject Property Interest sought to be taken is located in the
City of Temecula, County of Riverside, State of California and is a portion of a larger parcel
known as Assessor's Parcel No. 961-010-006. The Subject Property Interest is located on the
south side of California State Highway 79 South, east of Jedediah Smith Road in the City of
Temecula. The Subject Property Interest sought to be taken is more particularly described in
the legal description attached hereto as Exhibit "IA" to this Resolution. Exhibit "IA" also
contains a map depicting the location of the Mitigation Site Easement, which is incorporated
herein by this reference. The Subject Property Interest is required to obtain access to the
mitigation site required in connection with the Pala Road Bridge Capital Improvement Project
and for all purposes necessary and convenient thereto.
Section 4. The City Council of the City of Temecula finds and determines
that the acquisition of the Subject Property Interests is required for mitigation site in connection
with the Pala Road Bridge Capital Improvement Project,
Section 5.
determines that:
The City Council of the City of Temecula hereby finds and
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 interests described in Exhibit "I A" are necessary for the
proposed project; and
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D. The offer letter required by Section 7267.2 of the Government Code has
been made to the owner(s) of record,
Section 6. The findings and declarations contained in this Resolution are
based on the record before the City Council on March 28, 2000 when it adopted this Resolution;
including the staff report dated March 28, 2000 all documents incorporated in the staff repod;
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. The subject easement shall include a provision which provides for relocation of
the easement to accommodate development upon the mutual agreement of the parties
Section 7. The City of Temecula hereby authorizes and directs the 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.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Temecula this 28th day of March, 2000
A']'I'EST:
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby
certify that Resolution No. 2000-25 was duly and regularly adopted by the City Council of the
City of Temecula at a regular meeting thereof held on this 28th day of March, 2000, by the
following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Comerchero, Naggar, Pratt, Roberrs, Stone
None
None
None
S nes, CMC/AAE
City Clerk
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Robert Bein, William Frost & Associates
27555 Ynez Road, Suite 400
Temecula, CA 92591
EXHIBIT 1A
January 26, 2000
JN 15100168-M1
Page 1 of 1
Access Easement to Wetland Area
That certain parcel of land situated in the City of Temecula, County of Riverside, State of
California, being that portion of Parcel 1 of Parcel Map No. 18993 filed in Book 134, Pages
13 through 18 of Parcel Maps in the Office of the County Recorder of said Riverside County,
lying within a strip of land 25.00 feet wide, the centerline of which is described as follows:
COMMENCING at the centerline intersection of State Highway 79 with Jedediah Smith Road
as shown on said Parcel Map;
thence along said centerline of State Highway 79 South 83°43'07'' East 422.40 feet;
thence South 09°50'15'' West 102.20 feet to the northerly line of said Parcel 1 and the TRUE
POINT OF BEGINNING;
thence continuing South 09°50'15'' West 253.25 feet;
thence South 67°59'57'' East 176.29 feet to the southerly line of said Parcel 1.
Said strip of land shall be lengthened or shortened so as to terminate northerly in said
northerly line of Parcel 1 and southerly in said southerly line of Parcel 1.
CONTAINING: 0.247 Acres, more of less.
EXHIBIT "B" attached and by this reference made a part hereof.
This description was prepared by me or under my direction.
Ron~dL. Mathe, P.L.S. 6185
My license expires 3/31/02.
H:\GRPS0XPDATA\IS100168\OFFICE\WPWlblX1681gI01.wpd
200 0 200 400 600
GRAPHIC SCALE
L B-~
EASEMENT AREA ~THIN ~ = 0.163 ACRES
EASEMENT AREA OUTSIDE OF MWD = 0.084 ACRES
EXHIBIT 1B
ACCESS EASEMENT
TO WETLAND AREA
I SCALE
JANUARY 26, 2000 1"=200'
SHEET 1 DF I SHEET
IFIELD BOOK
JOB NO,
15100168-M1
E