title
Recommended Adoption of Resolution of Necessity for Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor’s Parcel Number 957-090-023 in Connection with the Construction of Public Street, Drainage, and Related Improvements, and all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
recommendation
That the City Council take the following actions:
1. Consider the following Resolution, which is Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof for public use in connection with the construction of public street, drainage, and related improvements, and all uses necessary or convenient thereto for the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:
RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC STREET, DRAINAGE, AND RELATED IMPROVEMENTS FOR THE NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD TO THE CALLE GIRASOL/NICOLAS ROAD CONNECTION (CERTAIN PROPERTY INTERESTS ON APN 957-090-023) AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.
3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2023-______ (“Resolution of Necessity”), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity
(i) Isaac G. Navejar and Isabel L. Navejar − 39622 Liefer Road, Temecula (APN 957-090-023 − Navejar Parcel)
- An approximate 31,168 square foot temporary construction easement with a term of twelve months on the Navejar Parcel described more particularly on EXHIBIT A and depicted on EXHIBIT B to Resolution No. 2023-______ with a covenant authorizing the construction of certain permanent rip-rap and related drainage improvements in portions of said approximate 31,168 square foot temporary construction easement area shown roughly on EXHIBIT C to Resolution No. 2023-______.
The approximate 31,168 square foot temporary construction easement the City seeks to acquire on the Navejar Parcel with the covenant authorizing the construction of permanent rip-rap and related drainage improvements in portions of said 31,168 square foot area are referred to below collectively as the “Subject Property Interests.” The Subject Property Interests are located on the portions of the Navejar Property within the Long Valley Wash, a natural flood control channel.
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity.