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HomeMy WebLinkAboutResolution - 2662 STATE OF CALIFORNIA) RESOLUTION NO. 2662 COUNTY OF RIVERSIDE) SS CITY OF SAN JACINTO ) A HEARING ON A PROPOSED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THAT THE ACQUISITION OF A FEE INTEREST IN A PORTION OF CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS APNS 431-240-026; 431-260-011; 431-230.010; 431-230-012; 431-230-014; 431-230-015; AND 431-240-008, BY EMINENT DOMAIN IS NECESSARY FOR THE SIGNALIZATION OF THE INTERSECTION OF COTTONWOOD AVENUE AND WARREN ROAD AND THE PROVISION OF A SECONDARY ACCESS ROAD (STREET "A") TO THE COVE SPECIFIC PLAN DEVELOPMENT WEST OF WARREN ROAD, AND RELATED PUBLIC INFRASTRUCTURE IMPROVEMENTS IN SAN JACINTO, CALIFORNIA WHEREAS, the City of San Jacinto (the "City") proposes to acquire a fee interest in a portion of certain real property located on the west side of Warren Road, in the City of San Jacinto, California, more particularly described as APNS 431-240-026; 431-260- 011; 431-230-010; 431-230-012; 431-230-014; 431-230-015; and 431-240-008, for purposes of the signalization of the intersection of Cottonwood Avenue and Warren Road and the provision of a secondary access road (Street "A") to the Cove Specific N%„ Plan development west of Warren Road and related public infrastructure improvements, in San Jacinto, California, pursuant to the authority granted to it by section 37350.5 of the CaMornia Government Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Thursday, January 6, 2005, at 7:00 p.m., at 2045 South San Jacinto Avenue, San Jacinto, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Hesolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, County of Riverside, State of California as follows: Section f. Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Page 1 of 3 Section 2. Public Use. The public use for which the real property is to be r.. acquired is for the signalization of the intersection of Cottonwood Avenue and Warren Road and the provision of a secondary access road (Street "A") to the Cove Specific Plan development west of Warren Road, in San Jacinto, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description and plat map of the real property to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: (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 least private injury; (c) The real property described in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7257.2 of the California Government Code was made. Section S. Use Not Unreasonably Interfering with Existing Public Usefs). Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal Piwc 2 of 3 proceedings as may be required in connection therewith. Legal counsel is further �. authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property. Section S. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 6'h day of January, 2005, by the follcwing 410 vote and 1 abstention: Ayes: Ayres, Ritchie, Shaw, Stubblefield Nays: None Absent: None Abstain: Buydos City of Sari Jacinto Ch s" Colson-Buydos, Mayor ATTEST: Dorothy L. Cho nard, City Clerk �i APPROVED AS TO FORM: Q s l4e ; ' 'pity Morney, Cit of San Jacinto Best, Best & Krieger, LLP Yaec 3 of 3 EXHIBIT `A' ROADWAY DEDICATION A PORTION OF PARCEL 1 OF THAT LAND GRANTED TO SCHOUTEN BROTHERS, A PARTNERSHIP, IN DEED RECORDED MAY 31, 1978 AS INSTRUMENT NO. 1978- 108552, OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1,BEING ALSO A POINT ON THE CENTERLIN-F OF WARREN ROAD, AND THE EAST LINE OF FRACTIONAL SECTION 25, TOWNSHIP 4 SOUTH,RANGE 2 WEST S.S.M.; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES; NORTH 89049'20" NVEST,A DISTANCE OF 279.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY,HAVING A RADIUS OF 300.00 FEET WESTERLY ALONG SAID CURVE, A DISTANCE OF 132.06 FEET,THROUGH A CENTRAL ANGLE OF 2501 TI 8" TO A POINT ON THE EAST LINE OF THAT LAND GRANTED TO METROPOLITAN WATER DISTRICT IN DEED RECORDED J NE 11, 1974 AS INSTRUMENT NO. 1974-71824, OFFICIAL RECORDS OF ( it RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 25009'48" WEST ALONG SAID EAST LINE, A DISTANCE OF 33.00 FEET TO A POINT 33.00 FEET NORTHERLY AND AT RIGHT ANGLES TO SAID NORTH SOUTH LINE, BEING ALSO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 333.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 25003'20" WEST; THENCE EASTERLY PARALLEL TO SAID SOUTH LINE ALONG THE FOLLOWING COURSES; 146.66 ALONG SAID NON-TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 25014'00"; SOUTH 89"49'20" EAST,A DISTANCE OF 201.35 FEET; THENCE NORTH 43057'32" EAST A DISTANCE OF 33.24 FEET TO A POINT 55.00 FEET WESTERLY AND AT RIGITF ANGLES TO SAID CENTERLINE OF WARREN ROAD AND SAID EAST LINE OF FRACTIONAL,SECTION 25; THENCE SOUTH 89049'20 EAST,A DISTANCE OF 55.00 FEET TO SAID CENTER LINE OF WARREN ROAD, AND SAID EAST LINE OF FRACTIONAL SECTION 25; THENCE SOUTH 00`10'40" WEST ALONG SAID CENTERLINE AND SAID EAST LINE A DISTANCE OF 5T00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.35 ACRES+ EXHIBIT A PAGE ;,, ROADWAY DEDICATION PLAT A PORTION OF FRACTIONAL SECTION 25, f TOWNSHIP 4 SOUTH, RANGE 2 WEST E tiq / N 25'09'48" W 33.00' EAST LINE MWO R/W PER INST. N0, 71824 REC. 6 11 1974 / n = 25'14'00" / R = 333.00' o = 25'13'18" L = 146.66' R = 300.00' L = 132,06' ROADWAY DEDICATION 0.35 ACRES SOUTH LINE I PARCEL 1 in pp a I ADAM #1274-110 552 w N rn d Vo O pp N 01 tn b� N 43'57'32" E a0 33.24' w N_ C/L WARREN ROAD & EAST LINE FRACTIONAL A SECTION 25, TOWNSHIP 4 SOUTH R v ANGE 2 WEST. SQ@, aii 11 p�R �aR soo•1 o'40"w — — NORTH EXHIBIT 'A' ROADWAY DEDICATION A PORTION OF THAT LAND QUIT CLAIMED TO ROBERT A. NICHOLS AND DONNA M_ NICHOLS,TRUSTEES OF THE NICHOLS FAMILY TRUST, AS DESCRIBED BY INSTRUMENT NO. 1993-128402,RECORDED APRIL 6, 1993, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONINIENCING AT THE NORTHEAST CORNER OF SECTION36,TOWNSHIP 4 SOUTH, Fj RA,NGB 2 WEST, SAN BERNADINO BASE AND MERIDIAN, ALSO BEING THE CENTERLINE INTERSECTION OF COTTONWOOD AVENUE AND WARREN ROAD; THENCE NORTH 89049'15" WEST, ALONG THE NORTH LINE OF SAID SECTION 36, A DISTANCE OF 50.00 FEET TO A POINT 50,00 FEET WESTERLY AND AT RIGHT ANGLES TO THE CENTERLINE OF WARREN ROAD, SAID CENTERLINE ALSO BEING THE FAST LINE OF SAID SECTION, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89049-15" WEST, ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 480.94 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVTriG A RADIUS OF 394.00 FEET,A RADIAL BEARING TO SAID POINT BEARS SOUTH 27°30'57" WEST; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 187.98 FEET,THROUGI- A CENTRAL ANGLE OF 2702011"TO A POINT 44.00 FEET SOUTHERLY AND AT RIGHT ANGLES TO SAID FORTH LINE; THENCE SOUTH 89049'15" EAST PARALLEL TO SAID NORTH LINE A DISTANCE OF 30.00 FEET; THENCE SOUTH 4500671" EAST A DISTANCE OF 32.43 FEET TO A POINT 50.00 FEET WESTERLY AND AT RIGHT ANGLES TO THE CENTERLINE OF WARREN ROAD, SAID CENTERLINE ALSO BEING THE EAST LINE OF SAID SECTION 36; THENCE NORTH 00"1644" WEST PARALLEL TO SAID EAST LINE, A DISTANCE OF 66.82 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.43 ACRES- ,. �„ ... i ROADWAY DEDICATION PLAT a A PORTION SECTION 36 TOWNSHIP 4 SOUTH, RANGE 2 WEST \30 F o = 27'20'l V R = 394.00' L = 187.98' NORTH LINE ROADWAY DEDICATION SEC. 36, T4S, R2W 0.43 ACRES rn a 0 r n N APR 431-2600-011 3 WHOLS FAMPLY TRUST Mr. #023-120 02 OUV993 I.J 00 Ln 61 d m 00 S 45'06'21" E 3 2.43' C/L WARREN ROAD & EAST LINE SEC. 36 N 00@1'44„ W N 69'49'15" W TOWNSHIP 4 SOUTH 50 9'1 RANGE 2 WEST. 00, C/L COTTONWOOD RD s c� co ``• EXHIBIT `A' ROADWAY DEDICATION A PORTION OF PARCEL 1 OF THAT LAND GRANTED TO ELEANORE ADAMS, AS DESCRIBED IN INSTRUMENT NO. 1991-134092, RECORDED APRIL 24, 199I, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, BEING ALSO A POINT ON THE CENTERLINE OF WARREN ROAD, AND THE EAST LINE OF FRACTIONAL SECTION 25, TOWNSHIP 4 SOUTH, RANGE 2 WEST S.B.M.; THENCE ALONG THE NORTH LINE OF SAID PARCEL THE FOLLOWING COURSES; NORTH 89049'20" VEST,A DISTANCE OF 279.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 300.00 FEET WESTERLY ALONG SAID CURVE, A DISTANCE OF 132.06 FEET,THROUGH A CENTRAL ANGLE OF 25DlTI8" TO A POINT ON THE EAST LINE OF THE METROPOLITAN WATER DISTRICT RIGHT-OF-WAY, BEING 90 FEET IN WIDTH AS DESCRIBED IN DEED RECORDED MARCH 31, 1971 AS INSTRUMENT NO. 1971-32428, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 25009'48" EAST ALONG SAID EAST LINE, A DISTANCE OF 33.00 FEET TO A POINT 33.00 FEET SOUTHERLY AND AT RIGHT ANGLES TO THE SAID NORTH LINE. BEING ALSO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 267.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 25°01'45" WEST; THENCE EASTERLY, PARALLEL TO SAID NORTH LINE ALONG THE FOLLOWING COURSES; 117.46 FEET ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25012'25"; SOUTH 89049'20" EAST, A DISTANCE OF 201.35 FEET THENCE SOUTH 43036'12" EAST, A DISTANCE OF 33.24 FEET TO A POINT 55.00 FEET WESTERLY OF AND AT RIGHT ANGLES TO SAID CENTERLINE OF WARREN ROAD; THENCE SOUTH 89049'20 EAST, A DISTANCE OF 55.00 FEET TO SAID CENTER LINE OF WARREN ROAD, AND SAID EAST LINE OF FRACTIONAL SECTION 25; THENCE NORTH 000 10'40" EAST ALONG SAID CENTERLINE AND SAID EAST LINT, A DISTANCE OF 57.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.34 ACRES± EXHIBIT A PAGEr ROADWAY DEDICATION PLAT f A PORTION OF FRACTIONAL SECTION 25, / TOWNSHIP 4 SOUTH, RANGE 2 WEST f / f f S 25'09'48" E l EAST LINE M.WD 33.00, R W PER INST. 1y25'Oti'45"W f NO. 32428 REC. (R f o = 25'13'18" 3/31/1971 / R = 300.00' L = 132.06' / o = 25'12'25" R = 267.00' L = 1 17.46' ROADWAY DEDICATION NORTH LINE PARCEL 1 0.34 ACRES ` FAC CEL Goa CA SCHOUTEN snaT ERS ACD AMS 4 My. #1 901-1 34092 co A 0 N N OS S 43'36'12" E 33,24' 00 z ``' C/L WARREN ROAD N & EAST LINE FRACTIONAL o, SECTION 25, TOWNSHIP 4 SOUTH RANGE 2 WEST. m ca m N 00'10'40" E NORTH EXHI13IT PAGE 4