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HomeMy WebLinkAboutItem No. 18 - Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings18)Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings to Acquire Easements in and to Real Property Necessary for the Murrieta Creek Regional Trail Project 1.Conduct a public hearing on the proposed Resolution of Necessity; and 2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF EASEMENTS IN AND TO CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE. Page 1 of 4 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Barbara Leibold, City Attorney Date:July 9, 2024 Subject:Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings to Acquire Easements in and to Real Property Necessary for the Murrieta Creek Regional Trail Project Recommendation 1. Conduct a public hearing on the proposed Resolution of Necessity; and 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF EASEMENTS IN AND TO CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE. Background The City Council is being asked to consider the adoption of a Resolution of Necessity to acquire interests in and to real property by eminent domain for (1) a trail right of way easement, and (2) a temporary construction easement, for the Murrieta Creek Regional Trail Project ("Project"). When constructed, the proposed Project will provide an important link in the regional active transportation network consistent with the East Lake Specific Plan, the City’s General Plan and the City’s Active LE goals. The Project will connect the existing Lake Elsinore Levee Trail to the Palomar Trail and the trail system in our southeast neighboring communities. A aerial vicinity map is attached as Attachment 1. A map of the trail alignment is attached as Attachment 2. The necessary easements are located on two separate parcels. Both properties are located in the East Lake Specific Plan. Resolution of Necessity Page 2 of 4 1 3 1 8 APN 370-120-001 (hereinafter Parcel 001) Parcel 001 is owned by NP Lake Elsinore Commerce, LLC and is located at the southeast corner of Stoneman Street and Como Street adjacent to the residential neighborhood (Tract 26142). The parcel is 116.69 acres. The owner, NP Lake Elsinore Commerce, LLC, also owns the adjacent parcel (APN 370-120-017). The easement area is unimproved with no site improvements. The City has completed the appraisal and made an offer to the owner for a trail easement (111,078 SF) and temporary construction easement (28,314 SF) in the amount of $59,600. However, the owner has not been willing to allow the City to acquire the easements. Currently, the owner has a development application for the development of three (3) industrial buildings totaling 742,544 SF on an approximately 123.3-acre site. The requested easements will not interfere with the proposed development. The easements in and to a portion of Parcel 001 are described in the legal descriptions and depictions attached as Exhibit “A” (hereinafter the Parcel 001 Easements). APN 370-120-063 (hereinafter Parcel 063) Parcel 063 is located at the northern terminus of Skylark Drive. The parcel is 130.06 acres (5,665,414 SF). The owner of record is The Paul Pribble and Patricia Lenore Pribble Family Trust. The easement area is unimproved with no site improvements. The City has completed the appraisal and made an offer to the owner for a trail easement (32,234 SF) and temporary construction easement (19,602 SF) in the amount of $24,500. However, the owner has not been willing to allow the City to acquire the easements. City staff understands that the property is currently in escrow although there is no definitive date on the close of escrow on the property. The easements in and to a portion of Parcel 063 are described in the legal descriptions and depictions attached as Exhibit “B” (hereinafter the Parcel 063 Easements). The Parcel 001 Easements and the Parcel 063 Easements are collectively referred to as the “Project Easements.” Negotiations City staff presented written offers to acquire the Project Easements and has engaged in good faith negotiations with the property owners. The property owners have declined to negotiate with the City and, as a consequence, the parties have been unable to agree on the purchase price and terms of the proposed acquisition. Because the City has been unable to acquire the necessary easements for this component of the regional trail project, acquisition by eminent domain is recommended. Resolution of Necessity Page 3 of 4 1 3 1 8 Discussion The City may exercise its power of eminent domain to acquire property necessary to carry out any of its powers or functions. The initiation of the eminent domain process is accomplished by the City Council’s adoption of a Resolution of Necessity by a two-thirds majority vote, which Resolution may only be adopted after the City Council has given the property owners a reasonable opportunity to appear and be heard on the following matters: (1) the public interest and necessity require the proposed project; (2) 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; (3) the real property to be acquired is necessary for the project; and (4) the offer required by Government Code Section 7267.2 has been made to the owners of record. Staff recommends the following: Finding No. 1: Public Interest and Necessity Require the Project. The proposed Project Easements are necessary to serve the recreational needs and promote community health of the community consistent with the standards established in the East Lake Specific Plan, the City’s General Plan and the City’s Active LE goals. The proposed Project, which necessarily include the Project Easements, will provide an important link in the regional active transportation network. The Project Easements are a critical component of the Project necessary to connect the Project to existing Lake Elsinore Levee Trail to the Palomar Trail and the trail system in southeast neighboring communities. Finding No. 2: The Project is Planned and Located in the Manner That Will be Most Compatible With the Greatest Pubic Good and the Least Private Injury. The Project Easements are located on property that is currently unimproved and lies along the boundary edges of both Parcel 001 and Parcel 063 away from the public right of way and would be well within the setback area should the parcels be developed at a later date. The Project Easements will not obstruct in any material way access to Parcel 001 and Parcel 063. No other properties are impacted and no new services will be required to complete the Project lying within the Project Easements. Finding No. 3: The Property is Necessary for the Project. Acquisition of the Project Easements is necessary to complete the proposed regional trail. The Project Easements are located on the only properties available for trail connection taking into account surrounding uses and other restrictions. Finding No. 4: The City Has Negotiated to Purchase the Property. Government Code Section 7267.2 requires the City to make a good faith offer of just compensation and to attempt to acquire the Project Easements through a negotiated purchase. The offer required by Section 7267.2 of the Government Code was made to the owners of record based on an approved appraisal conducted. The City’s initial offers to the owners of record was for the full appraised value. The owners of record have declined to accept the City’s initial offers and have further declined to engage in additional negotiations. Resolution of Necessity Page 4 of 4 1 3 1 8 Notice of this public hearing was mailed to the property owners of record informing them of their right to appear and be heard on these issues. After all of the testimony and other evidence have been presented by all interested parties, the City Council must make a determination whether to adopt the proposed Resolution of Necessity to acquire the required easements by eminent domain. In order to adopt the Resolution, the City Council must, based on all of the evidence before it, and by a vote of two-thirds of its members, make the findings and determinations stated above exist. Environmental Determination The City approved Mitigated Negative Declaration (SCH #2021120441) for the Project (therein identified as the “Murrieta Creek Multi-Use project”) and made findings in compliance with California Environmental Quality Act on February 8, 2022. In addition, the Project is consistent with the MSHCP as an identified Planned Regional Trail and MSHCP covered activity. A Joint Project Review and Determination of Biologically Equivalent or Superior Preservation have been completed for the project and approved by RCA and the wildlife agencies. Fiscal Impact The funding for acquisition in the Project Easements is available and would be paid from Active Transportation Program Grant funds. In addition to the acquisition costs, the City will become obligated to pay litigation expenses to prosecute an eminent domain action. The litigation budget is extremely difficult to predict and will depend on a variety of factors. As included in the Resolution, the City Attorney’s Office requests authorization to engage special counsel services to represent the City in the proposed acquisition and to revise the existing Engagement Agreement with the law firm of Murphy & Evertz to an amount not to exceed $50,000. Attachments Attachment 1 – Vicinity Map Attachment 2 – Alignment Map Attachment 3 – Resolution Exhibit “A” – Legal Descriptions/Depictions (APN 370-120-001) Exhibit “B” – Legal Descriptions/Depictions (APN 370-120-063) Attachment 4 – Notices City Attorney’s Office/Engineering Lake Elsinore Rome Hill Levee Trail Serenity Park Lake Elsinore Motorsports Park Skylark Field Skydive Lake Elsinore Lakeland Village Elementary School GRAND AVESTONEM AN STCORYDON STCEREAL ST SKYLARKDRBORCHARD RDCOMO STL AK E E L S I NOR EWI L DOMAR LAKE ELSINOREWILDOMARWILDOMARCOUNTY OF RIVERSIDEFigure 2 Project Location and AlignmentI:\PROJECTS\C\ChenRyanAssoc_03243\CRY-01_MurrietaCrk\Map\MND\Fig2_Aerial.mxd 03243.00001.001 10/6/2021 - SABSource: Aerial (Riverside County 2019)K Murrieta Creek Trail 0 2,000 Feet Exhibit D - Project Vicinity C O M O S T P A L O M A R S T MURRIETA CREEK MULTI-USE TRAIL ALIGNMENT RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF EASEMENTS IN AND TO CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE Whereas, the City Council is being asked to consider the adoption of a Resolution of Necessity to acquire interests in and to real property by eminent domain for (1) a trail right of way easement, and (2) a temporary construction easement, for the Murrieta Creek Regional Trail Project ("Project"). Whereas, when constructed, the proposed Project will provide an important link in the regional active transportation network consistent with the East Lake Specific Plan, General Plan and the City’s Active LE goals and will connect the existing Lake Elsinore Levee Trail to the Palomar Trail and the trail system in our southeast neighboring communities. Whereas, the necessary easements are located on two separate parcels. Whereas, APN 370-120-001 (hereinafter Parcel 001) is owned by NP Lake Elsinore Commerce, LLC and is located at the southeast corner of Stoneman Street and Como Street adjacent to a residential neighborhood (Tract 26142). The parcel is 116.69 acres. The easement area is unimproved with no site improvements. Whereas, the City has completed an appraisal and made an offer to the owner of Parcel 001 for a trail easement (111,078 SF) and temporary construction easement (28,314 SF) in the amount of $59,600. The easements in and to a portion of Parcel 001 are described in the legal descriptions and depictions attached as Exhibit “A” to this Resolution (hereinafter the Parcel 001 Easements). Whereas, APN 370-120-063 (hereinafter Parcel 063) is located at the northern terminus of Skylark Drive. The parcel is 130.06 acres. The owner of record is The Paul Pribble and Patricia Lenore Pribble Family Trust. The easement area is unimproved with no site improvements. Whereas, The City has completed an appraisal and made an offer to the owner of Parcel 063 for a trail easement (32,234 SF) and temporary construction easement (19,602 SF) in the amount of $24,500. The easements in and to a portion of Parcel 063 are described in the legal descriptions and depictions attached as Exhibit “B” to this Resolution (hereinafter the Parcel 063 Easements). The Parcel 001 Easements and the Parcel 063 Easements are collectively referred to as the “Project Easements.” Whereas, the City proposes to construct a trail utilizing the Project Easements for the Project. Whereas, the City is authorized to acquire property for park and recreation purposes by statutes including, without limitation, Government Code Section 37350.5. Whereas, the Project Easements described in Exhibit “A” and Exhibit “B” are necessary to complete the Project. Reso. No. 2024- Page 2 of 2 Whereas, the location, purpose, and extent of the proposed acquisition of the Project Easements conforms with the East Lake Specific Plan, the City’s General Plan and the City’s Active LE goals. Whereas, all persons whose names and addresses appear on the last equalized assessment roll for the real property upon which the Project Easements are located were given notice of the intention of the City Council to adopt a Resolution of Necessity and to direct the institution of eminent domain proceedings, and informing them of their right to be heard on this matter pursuant to Code of Civil Procedure Section 1245.235. Whereas, a public hearing was held by the City Council on July 9, 2024, 2024, at which the matters set forth above and in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) whether the public interest and necessity require the acquisition of the Project Easements; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Project Easements are necessary for the Project; and (d) whether an offer of just compensation pursuant to Government Code Section 7267.2 has been made to the owners of record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The above Recitals are true and correct and are incorporated herein. Section 2: The Project Easements are located within the City of Lake Elsinore. The acquisition of the Project Easements is for the following public use: Murrieta Creek Regional Trail Project ("Project") which will also provide an important link in the regional active transportation network. The City is authorized to acquire the Project Easements pursuant to the Eminent Domain Law. Section 3: On the basis of the information contained in that certain staff report to the Mayor and City Council dated July 9, 2024, which is incorporated herein by reference, and all other written and oral evidence and testimony presented to the City Council, the City Council declares, finds and determines that: 1. Public interest and necessity require the Project. The proposed Project Easements are necessary to serve the recreational needs and promote community health of the community consistent with the standards established in the East Lake Specific Plan, the City’s General Plan and the City’s Active LE goals. The proposed Project, which necessarily include the Project Easements, will provide an important link in the regional active transportation network. The Project Easements are a critical component of the Project necessary to connect the Project to existing Lake Elsinore Levee Trail to the Palomar Trail and the trail system in southeast neighboring communities. 2. The Project is planned and located in the manner that will be most compatible with the greatest pubic good and the least private injury. The Project Easements are located on property that is currently unimproved. No other properties are impacted Reso. No. 2024- Page 2 of 2 and no new services will be required to complete the Project lying within the Project Easements. 3. The Project Easements are necessary for the Project. Acquisition of the Project Easements is necessary to complete the proposed regional trail. 4. The offers required by Section 7267.2 of the Government Code were made and good faith efforts to acquire the Project Easements by negotiation have not resulted in a negotiated purchase. Section 4: The City is hereby authorized and empowered to acquire by condemnation the title to the Project Easements. Section 5: The City Attorney is hereby authorized to retain the law firm of Murphy & Evertz, as the City Attorney’s designee and to represent the City in these matters, in an amount not to exceed $50,000. Section 6: The City Attorney or designee, is hereby authorized and directed to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisitions; and to prepare and file all pleadings, documents, briefs, and other instruments, and to make such arguments and to take such actions as may be necessary in their opinion to acquire the interests in real property. The City Attorney and designee are specifically authorized to take whatever steps and/or procedures are available to under the Eminent Domain Law, Section 7: The City Attorney or designee is further authorized and directed to make applications to the Court for an Order for Possession Before Judgment in these proceedings. Section 8: With respect to Parcel 001, the City Manager or his designee are further authorized and directed to draw a warrant from the account containing the Active Transportation Program Grant in the amount of $59,600, the warrant to be made payable to the Clerk of the Riverside Superior Court and deliver to the City Attorney or designee to be deposited with the payee as security for the Order for Possession Before Judgment authorized. Section 9: With respect to Parcel 063, the City Manager or his designee are further authorized and directed to draw a warrant from the account containing the Active Transportation Program Grant in the amount of $24,500, the warrant to be made payable to the Clerk of the Riverside Superior Court and deliver to the City Attorney or designee to be deposited with the payee as security for the Order for Possession Before Judgment authorized Section 10: That the City Clerk shall certify to the passage and adoption of this Resolution. Passed and Adopted at a meeting of the City Council of the City of Lake Elsinore, California, on the 9th day of July 2024. Reso. No. 2024- Page 2 of 2 Steve Manos Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2024- __ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 9th day of July 2024 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk EXHIBIT “A” TO RESOLUTION Page 1 of 1    EXHIBIT 'A' LEGAL DESCRIPTION MURRIETA CREEK REGIONAL TRAIL TRAIL RIGHT OF WAY APN 370-120-001 BEING A PORTION OF LOT 11, IN BLOCK "E" OF ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 296 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE THE SOUTHWESTERLY LINE OF SAID LOT 11 NORTH 52°54'12" WEST, 1319.09 TO THE MOST WESTERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 11, NORTH 37°12'28" EAST, 1263.48 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 11, SOUTH 52°51'53" EAST, 63.00 FEET TO THE INTERSECTION WITH A LINE 63.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID NORTHEASTERLY LINE; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE SOUTH 37°12'28" WEST, 1161.28 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 78.00 FEET, SAID CURVE BEING TANGENT TO A LINE 24.00 FEET NORTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE; THENCE ALONG THE ARC OF SAID CURVE, 122.67 FEET THROUGH A CENTRAL ANGLE OF 90°06'40"; THENCE ALONG SAID PARALLEL LINE, SOUTH 52°54'12" EAST, 1177.95 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 11; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 37°13'25" WEST, 24.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2.55 ACRES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. 3/29/2023 LORNE L. DaPRON P.L.S. DATE    Page 1 of 2   EXHIBIT 'A' LEGAL DESCRIPTION MURRIETA CREEK REGIONAL TRAIL TEMPORARY CONSTRUCTION EASEMENT APN 370-120-001 BEING A PORTION OF LOT 11, IN BLOCK "E" OF ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 296 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE THE SOUTHWESTERLY LINE OF SAID LOT 11 NORTH 52°54'12" WEST, 1319.09 TO THE MOST WESTERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 11, NORTH 37°12'28" EAST, 1263.48 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 11, SOUTH 52°51'53" EAST, 63.00 FEET TO THE INTERSECTION WITH A LINE 63.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE ALONG SAID PARALLEL LINE SOUTH 37°12'28" WEST, 1161.28 FEET; TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 78.00 FEET, SAID CURVE BEING TANGENT TO A LINE 24.00 FEET NORTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE; THENCE ALONG THE ARC OF SAID CURVE, 122.67 FEET THROUGH A CENTRAL ANGLE OF 90°06'40"; THENCE ALONG SAID PARALLEL LINE, SOUTH 52°54'12" EAST, 1177.95 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 11; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 37°13'25" EAST, 13.00 FEET TO THE INTERSECTION WITH A LINE 37.00 FEET NORTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE, NORTH 52°54'12" WEST, 1177.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 68.00 FEET, SAID CURVE BEING TANGENT TO A LINE 73.00 FEET NORTHWESTERLY AND PARALLEL WITH SAID NORTHWESTERLY LINE; THENCE ALONG THE ARC OF SAID CURVE, 106.95 FEET THROUGH A CENTRAL ANGLE OF 90°06'40"; THENCE ALONG SAID PARALLEL LINE, NORTH 37°12'28" EAST, 1158.30 FEET TO THE SAID NORTHEASTERLY LINE; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 52°51'53" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.65 ACRES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. Page 2 of 2   3/29/2023 LORNE L. DaPRON P.L.S. DATE    EXHIBIT “B” TO RESOLUTION Page 1 of 1    EXHIBIT 'A' LEGAL DESCRIPTION MURRIETA CREEK REGIONAL TRAIL TRAIL RIGHT OF WAY APN 370-120-063 BEING A PORTION OF LOT 13, IN BLOCK "E" OF ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 296 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 13; THENCE ALONG THE THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 37°13'25" EAST, 24.00 TO THE INTERSECTION WITH A LINE 24.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE OF SAID LOT 13; THENCE LEAVING SAID NORTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 52°54'12" EAST, 1224.48 FEET; THENCE NORTH 37°05'48" EAST, 13.38 FEET; THENCE SOUTH 52°54'12" EAST, 49.00 FEET; THENCE SOUTH 37°05'48" WEST, 13.38 FEET; THENCE SOUTH 52°54'12" EAST, 45.47 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 13; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 13, SOUTH 37°05'48" WEST, 24.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 13; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID 13, NORTH 52°54'12" WEST, 1318.94 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.74 ACRES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. 3/29/2023 LORNE L. DaPRON P.L.S. DATE    Page 1 of 2   EXHIBIT 'A' LEGAL DESCRIPTION MURRIETA CREEK REGIONAL TRAIL TEMPORARY CONSTRUCTION EASEMENT APN 370-120-063 BEING A PORTION OF LOT 13, IN BLOCK "E" OF ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 6, PAGE 296 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 13; THENCE ALONG THE THE NORTHWESTERLY LINE OF SAID LOT 13 NORTH 37°13'25" EAST, 24.00 TO THE INTERSECTION WITH A LINE 24.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE OF SAID LOT 13 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY ALONG SAID PARALLEL LINE, SOUTH 52°54'12" EAST, 1224.48 FEET; THENCE NORTH 37°05'48" EAST, 13.38 FEET; THENCE SOUTH 52°54'12" EAST, 49.00 FEET; THENCE SOUTH 37°05'48" WEST, 13.38 FEET; THENCE SOUTH 52°54'12" EAST, 45.47 FEET TO THE INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 13; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 13, NORTH 37°05'48" WEST, 27.89 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 52°54'11" WEST, 24.32 FEET; THENCE NORTH 27°26'01" WEST, 76.75 FEET; THENCE SOUTH 71°14'13" WEST, 45.38 FEET; THENCE SOUTH 37°05'48" WEST, 10.33 FEET TO THE INTERSECTION WITH A LINE 37.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 52°54'12" WEST, 1199.92 FEET TO THE INTERSECTION WITH SAID NORTHWESTERLY LINE; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 37°13'25” WEST, 13.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.45 ACRES MORE OR LESS. SEE EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. Page 2 of 2   3/29/2023 LORNE L. DaPRON P.L.S. DATE    NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY (California Code of Civil Procedure Section 1245.235) Re: Acquisition of Trail Right of Way Easement and Temporary Construction Easement – Portion of Assessor Parcel Numbers 370-120-063 NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore intends to hold a hearing on Tuesday, July 9, 2024 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California 92530, to consider the adoption of a Resolution of Necessity. The adopted Resolution will authorize the City to acquire interests in and to real property by eminent domain for (1) a trail right of way easement, and (2) a temporary construction easement, for the Murrieta Creek Regional Trail Project ("Project"). The easements in and to a portion of Riverside County Assessor Parcel Number 370-120-063 are described in the legal descriptions and depictions attached to this Notice as Attachment No. 1. You are being sent this notice as your name appears on the last equalized County of Riverside assessment roll. NOTICE IS FURTHER GIVEN that you have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the Project; b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired is necessary for the Project; and d. Whether the offer required by Government Code Section 7267.2 was made to the owner of record. The City is authorized to acquire property, or an interest in property, by eminent domain for the Project in accordance with Government Code Section 37350.5 and Code of Civil Procedure Section 1230.010 et seq. NOTICE IS FURTHER GIVEN that you must file a written request to be heard within 15 days after this Notice was mailed. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. If you desire to be heard, you may file a written request with the City Clerk, City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530 at any time prior to the hearing or, alternatively, you may submit a request to speak to the City Clerk at the hearing. PLEASE BE AWARE THE PRICE TO BE PAID FOR THE PROPERTY, OR INTEREST IN PROPERTY, WILL NOT BE CONSIDERED BY THE CITY COUNCIL AT THIS HEARING, AND IF YOU ELECT NOT TO APPEAR AND BE HEARD, YOUR NON-APPEARANCE WILL NOT BE A WAIVER OF YOUR RIGHT TO CLAIM GREATER COMPENSATION IN A COURT OF LAW. If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Superior Court will determine the amount of compensation to which you are entitled. In accordance with Code of Civil Procedure Section 1263.615, the use of the interest in property for the Project is scheduled to commence within two years of acquisition (or upon acquisition of interest in property necessary for the Project, whichever is sooner), thus the City is not offering a leaseback agreement. NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY (California Code of Civil Procedure Section 1245.235) Re: Acquisition of Trail Right of Way Easement and Temporary Construction Easement – Portion of Assessor Parcel Numbers 370-120-001 NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore intends to hold a hearing on Tuesday, July 9, 2024 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California 92530, to consider the adoption of a Resolution of Necessity. The adopted Resolution will authorize the City to acquire interests in and to real property by eminent domain for (1) a trail right of way easement, and (2) a temporary construction easement, for the Murrieta Creek Regional Trail Project ("Project"). The easements in and to a portion of Riverside County Assessor Parcel Number 370-120-001 are described in the legal descriptions and depictions attached to this Notice as Attachment No. 1. You are being sent this notice as your name appears on the last equalized County of Riverside assessment roll. NOTICE IS FURTHER GIVEN that you have the right to appear and be heard before the City Council at the above scheduled hearing on the following matters and issues, and to have the City Council give consideration to your testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity: a. Whether the public interest and necessity require the Project; b. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the property sought to be acquired is necessary for the Project; and d. Whether the offer required by Government Code Section 7267.2 was made to the owner of record. The City is authorized to acquire property, or an interest in property, by eminent domain for the Project in accordance with Government Code Section 37350.5 and Code of Civil Procedure Section 1230.010 et seq. NOTICE IS FURTHER GIVEN that you must file a written request to be heard within 15 days after this Notice was mailed. California Code of Civil Procedure section 1245.235(b)(3) provides that "failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues which are the subject of the hearing. If you desire to be heard, you may file a written request with the City Clerk, City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530 at any time prior to the hearing or, alternatively, you may submit a request to speak to the City Clerk at the hearing. PLEASE BE AWARE THE PRICE TO BE PAID FOR THE PROPERTY, OR INTEREST IN PROPERTY, WILL NOT BE CONSIDERED BY THE CITY COUNCIL AT THIS HEARING, AND IF YOU ELECT NOT TO APPEAR AND BE HEARD, YOUR NON-APPEARANCE WILL NOT BE A WAIVER OF YOUR RIGHT TO CLAIM GREATER COMPENSATION IN A COURT OF LAW. If the City Council elects to adopt the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the Superior Court will determine the amount of compensation to which you are entitled. In accordance with Code of Civil Procedure Section 1263.615, the use of the interest in property for the Project is scheduled to commence within two years of acquisition (or upon acquisition of interest in property necessary for the Project, whichever is sooner), thus the City is not offering a leaseback agreement.