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Adopt Resolutions of Necessity for Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor’s Parcel Numbers 921-281-011 and 921-280-002 for Construction of Public Street and Related Improvements, and All Uses Necessary or Convenient Thereto in Connection with Vincent Moraga Improvements
recommendation
That the City Council take the following actions:
1. Consider the following resolutions, which are Resolutions of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof for the construction of public street and related improvements, and all uses necessary or convenient thereto in connection with the Vincent Moraga Improvements:
RESOLUTION NO.
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 FOR THE CONSTRUCTION OF PUBLIC STREET AND RELATED IMPROVEMENTS, AND ALL USES NECESSARY OR CONVENIENT THERETO IN CONNECTION WITH THE VINCENT MORAGA IMPROVEMENTS (CERTAIN PROPERTY INTERESTS ON APN 921-281-011) 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
RESOLUTION NO.
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 FOR THE CONSTRUCTION OF PUBLIC STREET AND RELATED IMPROVEMENTS, AND ALL USES NECESSARY OR CONVENIENT THERETO IN CONNECTION WITH THE VINCENT MORAGA IMPROVEMENTS (CERTAIN PROPERTY INTERESTS ON APN 921-280-002) 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 Resolutions 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 Resolutions of Necessity, each of which requires the City Council’s separate consideration and determination.
3. If the City Council finds, based on the evidence contained and referred to in this Report and the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2025-XX and Resolution No. 2025-XX (“Resolutions of Necessity”), each of which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the real property interests (referred to below collectively as the “Subject Property Interests”) summarized below and described more particularly in the Exhibits to each Resolution of Necessity:
(i) The GGG Partnership, LP, a California limited partnership − 28481 Rancho California Road, Temecula (APN 921-281-011 − GGG Parcel)
- An approximate 5,572 square foot permanent easement described more particularly on EXHIBIT A and depicted on EXHIBIT B to Resolution No. 2025-XX.
- An approximate 75 square foot permanent water easement described more particularly on EXHIBIT A-1 and depicted on EXHIBIT B-2 to Resolution No. 2025-XX.
- An approximate 3,757 square foot temporary construction easement with a term of eighteen months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 to Resolution No. 2025-XX.
The approximate 5,572 square foot permanent easement, the approximate 75 square foot permanent water easement, and the approximate 3,757 square foot temporary construction easement the City seeks to acquire on the GGG Parcel are referred to below collectively as the “GGG Property Interests”.
(ii) An Bang Luo − Vacant Parcel Located on the South Side of Rancho California Road, Second Parcel East of Vincent Moraga Road, in the City (APN 921-280-002 − Luo Parcel)
- An approximate 1,016 square foot permanent easement described more particularly on EXHIBIT A and depicted on EXHIBIT B to Resolution No. 2025-XX.
- An approximate 427 square foot temporary construction easement with a term of twelve months described more particularly on EXHIBIT A-1 and depicted on EXHIBIT B-1 to Resolution No. 2025-XX.
The approximate 1,016 square foot permanent easement and the approximate 427 square foot temporary construction easement the City seeks to acquire on the Luo Parcel are referred to below collectively as the “Luo Property Interests”
4. If the City Council adopts the proposed Resolutions of Necessity, authorize the City Attorney’s Office to file and prosecute eminent domain proceedings 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 Resolutions of Necessity.