HomeMy WebLinkAbout2024-037 Authorization Condemnation of Easements Eminent Domain Proceedings for the Murrieta Creek Regional TrailRESOLUTION NO. 2024-37
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.
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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
and no new services will be required to complete the Project lying within the Project
Easements.
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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 regular meeting of the City Council of the City of Lake
Elsinore, California, this 9th day of July 2024.
Steve Manos
Mayor
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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, do hereby certify
that Resolution No. 2024-37 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of July 9, 2024 and that the same was adopted by the
following vote:
AYES: Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and
Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
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EXHIBIT “A”
TO RESOLUTION
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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
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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.
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LORNE L. DaPRON P.L.S. DATE
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EXHIBIT “B”
TO RESOLUTION
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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
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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.
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