VIA U.S. MAIL
June 17, 2025
Gurmeet Singh
23101 Sky Mesa Road
Homeland, CA 92548
Re: NOTICE OF INTENT TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS LOCATED AT 27471-27491 ETHANAC ROAD (APNS 331-110-010 & 331-110-011)
Dear Mr. Singh:
This notice is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located at 27471 -27491 Ethanac Road in the City of Menifee, and bearing the Riverside County Assessor Parcel No. 360 -230-008. The City of Menifee has been investigating the acquisition of certain portion of real property, for the construction of improvements to Ethanac Road and Sherman Road (“Project”). This notice is sent to advise you that the City Council of the City of Menifee will be asked to consider passage of a resolution of necessity, declaring the public interest and necessity require acquisition of certain portions of the site described above, and authorizing the use of eminent domain to acquire them.
The interests sought to be acquired are an approximate 2,370-square-foot permanent public street easement, as more specifically described in Exhibit “A -1” and depicted in Exhibit “B -1” hereto. In addition, the City seeks a temporary construction easement of thirty -six (36) months over approximately 39,10 square feet of the property, as legally described in Exhibit “A -2” and as depicted in Exhibit “B -2” hereto. The scope and nature of the above referenced easements a re described in the draft Resolution of Necessity, a copy of which is attached as Exhibit “C” hereto.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established:
A. The public interest and necessity require the project.
B. 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. The property sought to be acquired is necessary for the project.
D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
E. Whether the City has met all other procedural requirements for the exercise of eminent domain.
This notice is sent to inform you that the City Council of the City of Menifee will be asked to decide if the above conditions are met concerning the City’s acquisition of the above -referenced property, and whether the City has complied with all other proc edural requirements for utilizing the power of eminent domain to acquire the property.
The City Council will also be asked to make a finding that the environmental impacts associated with the Project have been adequately reviewed under applicable environmental review procedures in accordance with the California Environmental Quality Act and that no further environmental review is necessary. You may also appear and comment on that finding at the hearing. If you would like a copy of the environmental documents for this Project, please contact the Menifee City Clerk located at City Hall during regular business hours, at the address noted on
This meeting at which the proposed resolution of necessity will be considered will be held at or about 6:00 p.m. on July 1 6, 2025, in the City Council Chambers located at City Hall, at 29844 Haun Road, Menifee, CA 92586.
If these conditions are met, the City Council will be asked to adopt a resolution of necessity, which is a prerequisite for the City’s initiation of eminent domain proceedings to acquire property.
Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has met all legal prerequisites to the exercise of eminent domain to acquire the property interests proposed. Please take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, or any of the matters listed herein, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six months after the adoption of the resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain.
Pursuant to Code of Civil Procedure section 1245.235(b)(3), if you wish to appear and be heard at the hearing on the resolution of necessity regarding any of the issues listed in this notice, you must advise the City Clerk in writing within fifteen (15) da ys of the date of this notice. You may address the notice as follows: City Clerk, City of Menifee, 29844 Haun Road, Menifee, CA 92586 . Your failure to provide a written request to be heard may result in a waiver of your right to appear and be heard, and may result in the waiver of objections in any later legal proceeding which may follow.
Neither the pendency of the City Council’s consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City wil l be most willing to continue such negotiations.
If you have any questions, please do not hesitate to contact the City at (951) 672-6777. Thank you for your consideration of this matter.
Sincerely,
Armando G. Villa | City Manager
City of Menifee | 29844 Haun Road | Menifee, CA 92586
City Hall: (951) 672-6777
[email protected] | cityofmenifee.us
Enclosures: Exhibit A-1 – Permanent Easement Legal
Exhibit B-1 – Permanent Easement Plat
Exhibit A-2 – TCE Legal
Exhibit B-2 – TCE Plat
Exhibit C – Draft Resolution of Necessity (without legals)
EXHIBIT “A-1”
EXHIBIT “A-1”
PUBLIC STREET AND UTILITY EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°10 ’34” WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD FOR THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-A-WAY LINE, SOUTH 89°16’ 49” EAST, A DISTANCE OF 235.45 FEET TO A POINT ON THE WESTERLY RIGHT-A-WAY LINE OF SAID SHERMAN ROAD;
THENCE ALONG SAID WES TERLY RIGHT-A-WAY LIN E, SOUTH 00°10 ’34” WEST, A DISTANCE OF 48.52 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-A-WAY LINE AT RIGHT ANGLES, NORTH 89°49’26” WEST, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT CURVE BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO TH E LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO SAID WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS;
THENCE ALONG SAID WESTERLY LINE, NORTH 00°10’34” EAST, A DISTANCE OF
8.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,370 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT “B-1”
EXHIBIT ”B”
PUBLIC ROAD AND UTILITY EASEMENT
LEGEND:
( ) INDICATES RECORD
INFORMATION PER MB 11/38
‘ R.O.W. ACCEPTED BY RESOLUTION
SUPERVISOR’S MINUTE BOOK 40, PAGE 51, S
ADOPTED 2/24/1948, AMENDED 5/3/1948
by V
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ ___ | -P.0.€. = T.P.0.B. 2 ETHANAC ROAD CL
L2 Q -
ss — 2) x
i ‘ol ©) mA
2,370+ SQ. FT HKs|2 2. 8g
APN: 331-110-010 APN: 331-110-011 Zoe
N70"17’09"E (R) O ane moO om
$89°47'34"E_(R) ro
RMS | 8 TRUMBLE FARMS 30’ %O
MB 11/38 LOT 64 f
265.44
Pw 133.44
OF ELY 10 C/LNt 265.44 LOT 64 P—W’LY LINE W/ROUSE RD.
OF E'LY —
133.44 LOT 64
*SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\99-0186 R.O.W._APN 331-110-010, & -O11.dwg 2/19/2025 11:17 AM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
” , CGS 2/05/2025 SCALE: 1” = 50° [25 EY ae AE 54087008| SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
WEBBNWES
EXHIBIT “B”
PUBLIC ROAD AND UTILITY EASEMENT
EASEMENT NOTES:
(1) AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10°34"W | 30.00’
L2 $89°16'49"E | 235.45’
L3 S00°10'34"W | 48.52’
L4 N89°49’26"W 2.00’
LS N89°49°26"W 3.92’
L6 N37°54'22°wW | 30.60'
L7 N89°16'49"W | 207.74’
L8 NO0°10'34"E 8.00’
CURVE DATA ATaNo SS Sy KEEVING Ys
iS) O,
CURVE # RADIUS | DELTA | LENGTH g 2 RK
C1 49.00 | 19°55’'18" | 17.04’ No. 1S 9529
ae OF ay
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\09-0186 R.O.W._APN 331-110-010, & —011.dwg 2/19/2025 11:17 AM Jason THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET OF W.0.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. 2 2 22-0186
SCALE: N/A Soe ae roe72008 | SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
EXHIBIT “A-2”
EXHIBIT “A-2”
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00° 10’34” WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD;
THENCE CONTINUING ALONG SAID WES TERLY LINE, SOUTH 00°10’34” WES T, A DISTANCE OF 8.00 FEET FOR THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WES TERLY LINE, SOUTH 00°10’34” WES T, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°16’49” EAST, A DISTANCE OF 200.38 FEET;
THENCE SOUTH 37°54’22” EAST, A DISTANCE OF 32.54 FEET;
THENCE SOUTH 00°10’34” WEST, A DISTANCE OF 15.24 FEET;
THENCE SOUTH 89°49’26” EAS T, A DISTANCE OF 15.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID SHERMAN ROAD;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°10’34” EAST, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY RIGHT -A-WAY LINE, NORTH 89°49’26” WEST, AT RIGHT ANGLES, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 3,910 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT “B-2”
EXHIBIT ”B”
TEMPORARY CONSTRUCTION EASEMENT
LEGEND:
() = INDICATES RECORD
INFORMATION PER MB 11/38
= R.O.W. ACCEPTED BY RESOLUTION
/\ SUPERVISOR’S MINUTE BOOK 40, PAGE 51,
ADOPTED 2/24/1948, AMENDED 5/3/1948 | cbt y
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ _ P.0.C — 365.45" (N89°43'W 1324.88”) ava — “}— . YY ¢ a
._| ETHANAC ROAD —_ a T.P.O.B. ° we
La oi io
De) is) . ~ N
NI a so! io aS
L4 P06 3,910+ SQ. FT we
TRUMBLE FARMS ns Sa
MB 11/38 N70°17°09"E _(R) oe
LOT 64 S$89°47'34E_(R) 8
APN: 331-110-011 30’ 30’
APN: 331-110-010 pF
A 265.44’
Nee 133.44’ Aen TO C/L INT.
265.44 LOT 64 P— Ly LINE W/ROUSE RD.
OF E’LY ———=
133.44 LOT 64
*SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331-110—010 & —011\22—0186-T.C.E.
ASSOCIATES | apy 331-110-010 & -011.dwg 2/19/2025 1:20 PM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
SCALE: 1” = 50° [BRN By Gee oe ooeo50De, | SU&ECT: TEMPORARY CONSTRUCTION EASEMENT WEBB
N
W E
S
EASEMENT NOTES:
@
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
EXHIBIT “B”
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10734”W | 30.00’
L2 S00°10'34”W | 8.00’
L3 S00°10734"W | 15.00’
L4 S89°16'49"E | 200.38’
L5 S37°54'22"E | 32.54’
L6 S00°10'34"W | 15.24’
L7 S89°49'26"E | 15.00’
L8 NOO'10'34"E | 15.00’
L9 N89°49'26"W | 2.00’
L10 | N89°49’26"W | 3.92’
L11 N37°54'22"W | 30.60’
L12 N89°16'49°W | 207.74’
CURVE DATA
CURVE #) RADIUS) DELTA | LENGTH
C1 49.00 | 19°55’'18” | 17.04’
|e -" 0. LS 9329 N x Ii
Sy A xf 4 SY Ze oF cart
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB ASSOCIATES
CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331—110—010 & —011\22—0186-T.C.E.
APN 331-110-010 & —O11.dwg 2/19/2025 1:20 PM Jason
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
W.O.
SHEET 2 OF 2 | 99-0186
SCALE: N/A
DRWN BY CGS _
CHKD BY JKA _
DATE 2/4/2025
DATE 2/9/2025 SUBJECT: TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT “C”
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF
INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND
AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF
ASSESSOR PARCEL NOS. 331-110-010 & 331-110-011
WHEREAS, the City of Menifee (“City”) has directed the widening and construction of improvements to Ethanac Road (the “Project”); and
WHEREAS, Ethanac Road is identified in the City’s General Plan, Roadway Network, as being a “Circulation Element” street, having an ultimate width of six lanes and functioning as an expressway upon its ultimate build-out; and
WHEREAS, Ethanac Road is currently a two-lane street; and
WHEREAS, development in the area surrounding Ethanac Road requires the acquisition of additional public right-of-way to accommodate the Project, which will include the widening of Ethanac Road to four lanes and the construction of improvements within the public right-of-way; and
WHEREAS, improvements to Ethanac Road are currently identified as City Project PW-TR-16; and
WHEREAS, the Project will help to alleviate congestion, increase capacity, and improve traffic circulation and safety within the Ethanac Road corridor within the City; and
WHEREAS, the Project will be a transportation improvement project serving the public interest; and
WHEREAS, the Project requires the acquisition of a 2,370-square-foot permanent public street and utility easement and a 3,910-square-foot temporary construction easement with a term of 36 months (collectively, the “Subject Property Interests”) on the real property located at 27471-27491 Ethanac Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Numbers 331-110-010 and 331-110-011 (the “Property”), which are described more particularly in Section 3 below; and
WHEREAS, the City is authorized to acquire the Subject Property Interests described in Section 3 below for public use, namely for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City
to acquire property by eminent domain by article 1, section 19 of the California Constitution, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230,010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by any other provisions of law; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated June 17, 2025, to Harvinder Singh and Gurmeet Singh, the record owners of the Subject Property Interests that the City seeks to acquire, advising them of the City’s intent to consider at its July 16, 2025, meeting the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within 15 days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the record owners are necessary for the Project; and
WHEREAS, the City Council held a hearing on July 16, 2025, at 6:00 p.m. at the Council chambers located at 29844 Haun Road in the City of Menifee, California 92586.
The City Council provided an opportunity to be heard on those matters specified in the City’s letter and notice pursuant to Code of Civil Procedure section 1245.235 to the record owners of the Subject Property Interests.
NOW, THEREFORE, the City Council of the City of Menifee resolves by at least a two-thirds vote of the City Council under Code of Civil Procedure sections 1240.030, 1240.040, 1245.220, 1245.230, and 1245.240, that the City does and hereby find and determine as follows:
Section 1: Incorporation of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference, and constitute a material part of this Resolution.
Section 2: Adoption of a Resolution of Necessity. The City Council of the City of Menifee adopts Resolution No. 25-___, A Resolution of the City Council of the City of Menifee Finding and Determining that the Public Interest and Necessity Require the Acquisition by Eminent Domain of Interests in Certain Real Property for Public Use and Authorizing and Directing Condemnation of Portions of Assessors Parcel Nos. 331-110- 010 & 331-110-011 (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests, which consist of a 2,370-square-foot permanent public street and utility
easement and a 3,910-square-foot temporary construction easement with a term of 36 months, described more particularly in Section 3 below in connection with the proposed construction of the Project pursuant to the authority conferred upon the City of Menifee to acquire property by eminent domain by article 1, section 19 of the California Constitution, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230,010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by any other provisions of law.
Section 3: Subject Property Interests. The City hereby authorizes the acquisition by eminent domain of the following Subject Property Interests on the Property, which is located at 27471-27491 Ethanac Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Numbers 331-110-010 and 331-110-011, for public use, namely for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project:
a. A 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and incorporated herein by this reference; and
b. A 3,910-square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto and incorporated herein by this reference.
Section 4: Environmental Review. The environmental effects of the Project were studied and analyzed as an integral part of the environmental review for the Menifee Commerce Center. The City of Menifee was the lead agency for this environmental review under the California Environmental Quality Act (“CEQA”).
On June 11, 2021, the City publicly noticed its decision to prepare an Environmental Impact Report (“EIR”) and hold a public scoping meeting for the Project by noticing the California Governor’s Office of Planning and Research, and distributed the Notice of Preparation (“NOP”) to various agencies and surrounding property owners and residents in accordance with CEQA requirements. The NOP comment period was from June 11, 2021, to July 12, 2021. On June 29, 2021, the City held a duly noticed public scoping meeting at City Hall regarding the preparation of the EIR and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR. The City prepared a Final Environmental Impact Report, consisting of all of the comment letters received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR.
On October 19, 2022, the Menifee City Council adopted Resolution No. 22-1250, making the findings necessary to adopt the Finding of Facts, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, approve certifying
the Environmental Impact Report, and directing staff to file a Notice of Determination in compliance with CEQA.
In adopting Resolution No. 22-1250, the City Council found that the benefits of the Project outweigh the unavoidable environmental impacts and render acceptable each of the unavoidable adverse environmental impacts. These benefits, as described in the Findings of Fact and Statement of Overriding Consideration, include that the Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan, will attract businesses than can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City boundary, and will provide improved infrastructure that will enhance the quality of life for the City’s residents by linking land use, transportation, and infrastructure development.
Section 5: The Public Interest and Necessity Require the Project. The Project, as planned and designed, is in the public interest and necessity. The Project will help to alleviate congestion, increase capacity, and improve traffic circulation and safety within the Ethanac Road corridor.
Ethanac Road is currently a two-lane street, which will be widened to add additional lanes between Trumble Road and Antelope Road. The intersection of Ethanac Road and Sherman Road will be improved to add a westbound left turn lane, eastbound left turn lane, and widening of corners to allow the safe turning of vehicles and trucks onto Sherman Road and Ethanac Road. Portions of Sherman Road and McLaughlin Road will be paved to provide a two-way roadway. New traffic signals will be installed on Ethanac Road at the intersections of Sherman Road and at Dawson Road, along with several other improvements at multiple intersections to achieve acceptable turning movements in all directions. Utility improvements will be constructed, which include new water lines, recycled water lines, sewer, and storm drain lines. Curb, sidewalk, bike lane, and driveway improvements will be constructed along Trumble Road, Sherman Road, and Dawson Road. A new sewer main will also be installed along Sherman Road, from Ethanac Road towards McLaughlin Road. The proposed roadway improvements, utility relocations, and related improvements in connection with the Project will serve to fulfill Ethanac Road’s designation in the City’s General Plan, Roadway Network, as being a “Circulation Element” street, having an ultimate width of six lanes and functioning as an expressway.
Section 6: The Project is Planned and Located in a Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury. The Project is planned and located in a manner that is most compatible with the greatest public good and the least private injury. Ethanac Road is designated as an “Expressway,” the highest capacity roadway in the City of Menifee’s General Plan, and Sherman Road is designated as a “Major” street. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation consistent with the Circulation Element of the General Plan.
The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of minor acquisitions of a permanent easement and temporary construction easement that are necessary to accommodate street widening along Ethanac Road and Sherman Road, utility relocations, and construction of a new sewer main. The Project will not require the relocation of any businesses or residents.
The Project, as planned and designed, will require the relocation of certain utilities to accommodate the Project’s road widening. As it pertains to the Subject Property Interests, agreements are already in place with the utility providers whose facilities will need to be relocated, including Southern California Edison, SoCal Gas, and Eastern Municipal Water District.
To the extent that the project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the subject property interests.
To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’ s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.
Section 7: The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The Project cannot be constructed, as planned and designed, without the acquisition of the Subject Property Interests.
Section 8: Offer Pursuant to Government Code Section 7267.2. Pursuant to Government Code section 7267.2, the City extended a written offer dated April 28, 2025, to the record owners of the Subject Property Interests, Harvinder Singh and Gurmeet Singh. The offer letter contained an appraisal that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the records owners.
Section 9: Notice Pursuant to Code of Civil Procedure Section 1245.235.
Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and a notice by first-class mail dated June 17, 2025, to the record owners of the Subject Property Interests, Harvinder Singh and Gurmeet Singh. The letter advised the record owners of the City’s intent to consider at its July 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within 15 days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the record owners are necessary for the Project.
Section 10: Findings. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the agenda report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury;
C. The Subject Property Interests, consisting of a 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and a 3,910- square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto, are necessary for the Project; and
D. The offer required by Government Code section 7267.2 has been made to the record owners of the Subject Property Interests that the City seeks to acquire.
Section 11: Existing Public Uses. Pursuant to Code of Civil Procedure sections 1240.510 and 1240.610, to the extent that any portion of the Subject Property Interests are already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the Subject Property Interests, or any portion thereof, are already devoted, or, in the alternative, are a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the Subject Property Interests, or any portions thereof, are already devoted.
Section 12: Incorporation of Agena Report and Documents Referenced Therein.
The findings and declarations contained in this Resolution are based upon the record before the City Council, including the agenda report, and all documents referenced therein, all of which are incorporated herein by this reference, testimony, and/or comments submitted to the City by the records owners or their representative(s). These documents include, but are not limited to, the City of Menifee General Plan, Circulation Element, the offer letter sent to the record owners pursuant to Government Code sections 7267.2, the notice of the hearing to consider the Resolution of Necessity pursuant to Code of Civil Procedure section 1245.235, and environmental documents relating to the Project.
Section 13: Authorization to File Eminent Domain Proceedings. The City Attorney’s Office is authorized to take all steps necessary, including retaining outside counsel, to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of a 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and a 3,910-square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto.
Section 14: City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.
Section 15: Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of July 2025 by the following votes:
AYES:
NOES:
ABSENT:
__________________________
Ricky Estrada, Mayor
Attest:
________________________
Stephanie Roseen, City Clerk
Approved as to form:
__________________________
Jeffrey T. Melching, City Attorney
VIA U.S. MAIL
June 17, 2025
Harvinder Singh
28179 Cobbler Court
Romoland, CA 92585
Re: NOTICE OF INTENT TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS LOCATED AT 27471-27491 ETHANAC ROAD (APNS 331-110-010 & 331-110-011)
Dear Mr. Singh:
This notice is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located at 27471 -27491 Ethanac Road in the City of Menifee, and bearing the Riverside County Assessor Parcel No. 360 -230-008. The City of Menifee has been investigating the acquisition of certain portion of real property, for the construction of improvements to Ethanac Road and Sherman Road (“Project”). This notice is sent to advise you that the City Council of the City of Menifee will be asked to consider passage of a resolution of necessity, declaring the public interest and necessity require acquisition of certain portions of the site described above, and authorizing the use of eminent domain to acquire them.
The interests sought to be acquired are an approximate 2,370-square-foot permanent public street easement, as more specifically described in Exhibit “A -1” and depicted in Exhibit “B -1” hereto. In addition, the City seeks a temporary construction easement of thirty -six (36) months over approximately 39,10 square feet of the property, as legally described in Exhibit “A -2” and as depicted in Exhibit “B -2” hereto. The scope and nature of the above referenced easements a re described in the draft Resolution of Necessity, a copy of which is attached as Exhibit “C” hereto.
California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established:
A. The public interest and necessity require the project.
B. 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. The property sought to be acquired is necessary for the project.
D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
E. Whether the City has met all other procedural requirements for the exercise of eminent domain.
This notice is sent to inform you that the City Council of the City of Menifee will be asked to decide if the above conditions are met concerning the City’s acquisition of the above -referenced property, and whether the City has complied with all other proc edural requirements for utilizing the power of eminent domain to acquire the property.
The City Council will also be asked to make a finding that the environmental impacts associated with the Project have been adequately reviewed under applicable environmental review procedures in accordance with the California Environmental Quality Act and that no further environmental review is necessary. You may also appear and comment on that finding at the hearing. If you would like a copy of the environmental documents for this Project, please contact the Menifee City Clerk located at City Hall during regular business hours, at the address noted on
This meeting at which the proposed resolution of necessity will be considered will be held at or about 6:00 p.m. on July 1 6, 2025, in the City Council Chambers located at City Hall, at 29844 Haun Road, Menifee, CA 92586.
If these conditions are met, the City Council will be asked to adopt a resolution of necessity, which is a prerequisite for the City’s initiation of eminent domain proceedings to acquire property.
Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has met all legal prerequisites to the exercise of eminent domain to acquire the property interests proposed. Please take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, or any of the matters listed herein, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter.
The City Council must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six months after the adoption of the resolution of necessity, the City may commence eminent domain proceedings in the Riverside County Superior Court. In any such proceeding, the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain.
Pursuant to Code of Civil Procedure section 1245.235(b)(3), if you wish to appear and be heard at the hearing on the resolution of necessity regarding any of the issues listed in this notice, you must advise the City Clerk in writing within fifteen (15) da ys of the date of this notice. You may address the notice as follows: City Clerk, City of Menifee, 29844 Haun Road, Menifee, CA 92586 . Your failure to provide a written request to be heard may result in a waiver of your right to appear and be heard, and may result in the waiver of objections in any later legal proceeding which may follow.
Neither the pendency of the City Council’s consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City wil l be most willing to continue such negotiations.
If you have any questions, please do not hesitate to contact the City at (951) 672-6777. Thank you for your consideration of this matter.
Sincerely,
Armando G. Villa | City Manager
City of Menifee | 29844 Haun Road | Menifee, CA 92586
City Hall: (951) 672-6777
[email protected] | cityofmenifee.us
Enclosures: Exhibit A-1 – Permanent Easement Legal
Exhibit B-1 – Permanent Easement Plat
Exhibit A-2 – TCE Legal
Exhibit B-2 – TCE Plat
Exhibit C – Draft Resolution of Necessity (without legals)
EXHIBIT “A-1”
EXHIBIT “A-1”
PUBLIC STREET AND UTILITY EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00°10 ’34” WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD FOR THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-A-WAY LINE, SOUTH 89°16’ 49” EAST, A DISTANCE OF 235.45 FEET TO A POINT ON THE WESTERLY RIGHT-A-WAY LINE OF SAID SHERMAN ROAD;
THENCE ALONG SAID WES TERLY RIGHT-A-WAY LIN E, SOUTH 00°10 ’34” WEST, A DISTANCE OF 48.52 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-A-WAY LINE AT RIGHT ANGLES, NORTH 89°49’26” WEST, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT CURVE BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO TH E LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & -011\22-0186-R.O.W._APN 329-110-011 LEGAL.docx Albert A. Webb Associates
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO SAID WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS;
THENCE ALONG SAID WESTERLY LINE, NORTH 00°10’34” EAST, A DISTANCE OF
8.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,370 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT “B-1”
EXHIBIT ”B”
PUBLIC ROAD AND UTILITY EASEMENT
LEGEND:
( ) INDICATES RECORD
INFORMATION PER MB 11/38
‘ R.O.W. ACCEPTED BY RESOLUTION
SUPERVISOR’S MINUTE BOOK 40, PAGE 51, S
ADOPTED 2/24/1948, AMENDED 5/3/1948
by V
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ ___ | -P.0.€. = T.P.0.B. 2 ETHANAC ROAD CL
L2 Q -
ss — 2) x
i ‘ol ©) mA
2,370+ SQ. FT HKs|2 2. 8g
APN: 331-110-010 APN: 331-110-011 Zoe
N70"17’09"E (R) O ane moO om
$89°47'34"E_(R) ro
RMS | 8 TRUMBLE FARMS 30’ %O
MB 11/38 LOT 64 f
265.44
Pw 133.44
OF ELY 10 C/LNt 265.44 LOT 64 P—W’LY LINE W/ROUSE RD.
OF E'LY —
133.44 LOT 64
*SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\99-0186 R.O.W._APN 331-110-010, & -O11.dwg 2/19/2025 11:17 AM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
” , CGS 2/05/2025 SCALE: 1” = 50° [25 EY ae AE 54087008| SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
WEBBNWES
EXHIBIT “B”
PUBLIC ROAD AND UTILITY EASEMENT
EASEMENT NOTES:
(1) AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10°34"W | 30.00’
L2 $89°16'49"E | 235.45’
L3 S00°10'34"W | 48.52’
L4 N89°49’26"W 2.00’
LS N89°49°26"W 3.92’
L6 N37°54'22°wW | 30.60'
L7 N89°16'49"W | 207.74’
L8 NO0°10'34"E 8.00’
CURVE DATA ATaNo SS Sy KEEVING Ys
iS) O,
CURVE # RADIUS | DELTA | LENGTH g 2 RK
C1 49.00 | 19°55’'18" | 17.04’ No. 1S 9529
ae OF ay
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\Offsite RoW\APN 331-110-010, & ASSOCIATES | _044\09-0186 R.O.W._APN 331-110-010, & —011.dwg 2/19/2025 11:17 AM Jason THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET OF W.0.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT. 2 2 22-0186
SCALE: N/A Soe ae roe72008 | SUBJECT: PUBLIC ROAD AND UTILITY EASEMENT
EXHIBIT “A-2”
EXHIBIT “A-2”
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF THE EASTERLY 265.44 FEET OF LOT 64 OF TRUMBLE FARMS, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 38 OF MAPS, RECORDS OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, LYING WITHIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN , MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETHANAC ROAD (30.00 SOUTHERLY HALF WIDTH) WITH SHERMAN ROAD (60.00 FULL WIDTH) AS SHOW BY SAID MAP;
THENCE ALONG SAID CENTERLINE OF ETHANAC ROAD, NORTH 89°16’49” WEST, A DISTANCE OF 265.45 FEET TO THE WESTERLY LINE OF SAID EASTERLY 265.44 FEET OF LOT 64;
THENCE LEAVING SAID CENTERLINE, SOUTH 00° 10’34” WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ETHANAC ROAD;
THENCE CONTINUING ALONG SAID WES TERLY LINE, SOUTH 00°10’34” WES T, A DISTANCE OF 8.00 FEET FOR THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WES TERLY LINE, SOUTH 00°10’34” WES T, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 89°16’49” EAST, A DISTANCE OF 200.38 FEET;
THENCE SOUTH 37°54’22” EAST, A DISTANCE OF 32.54 FEET;
THENCE SOUTH 00°10’34” WEST, A DISTANCE OF 15.24 FEET;
THENCE SOUTH 89°49’26” EAS T, A DISTANCE OF 15.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID SHERMAN ROAD;
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
H:\2022\22-0186\Drawings\Mapping\Legals & Plats\TCE\331-110-010 & -011\22-0186-TCE_APN 329-110-010 & -011 LEGAL.docx Albert A. Webb Associates
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°10’34” EAST, A DISTANCE OF 15.00 FEET;
THENCE LEAVING SAID WESTERLY RIGHT -A-WAY LINE, NORTH 89°49’26” WEST, AT RIGHT ANGLES, A DISTANCE OF 2.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVIN G A RADIUS OF 49.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°47’34” EAST;
THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19°55’18”, AN ARC DISTANCE OF 17.04 FEET;
THENCE NORTH 89°49’26” WEST, A DISTANCE OF 3.92 FEET;
THENCE NORTH 37°54’22” WEST, A DISTANCE OF 30.60 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHERLY 8.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID SOUTHERLY RIGHT-A-WAY LINE OF ETHANAC ROAD;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°16’49” WEST, A DISTANCE OF 207.74 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 3,910 SQUARE FEET, MORE OR LESS.
SEE PLAT ATTACHED HERETO AS EXHIBIT “B” AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
______________________________ _______________
Jason K. Ardery, L.S. 9329 Date
Prepared By: CGS
Checked By: JKA
02/19/2025
EXHIBIT “B-2”
EXHIBIT ”B”
TEMPORARY CONSTRUCTION EASEMENT
LEGEND:
() = INDICATES RECORD
INFORMATION PER MB 11/38
= R.O.W. ACCEPTED BY RESOLUTION
/\ SUPERVISOR’S MINUTE BOOK 40, PAGE 51,
ADOPTED 2/24/1948, AMENDED 5/3/1948 | cbt y
TO C/L INT W/TRUMBLE RD. © N89°16'49"W 1324.87’ _ P.0.C — 365.45" (N89°43'W 1324.88”) ava — “}— . YY ¢ a
._| ETHANAC ROAD —_ a T.P.O.B. ° we
La oi io
De) is) . ~ N
NI a so! io aS
L4 P06 3,910+ SQ. FT we
TRUMBLE FARMS ns Sa
MB 11/38 N70°17°09"E _(R) oe
LOT 64 S$89°47'34E_(R) 8
APN: 331-110-011 30’ 30’
APN: 331-110-010 pF
A 265.44’
Nee 133.44’ Aen TO C/L INT.
265.44 LOT 64 P— Ly LINE W/ROUSE RD.
OF E’LY ———=
133.44 LOT 64
*SEE SHEET 2 OF 2 FOR
LINE/CURVE DATA &
EASEMENT NOTES*
1” _ 50’
25 0 50
AL BERT A.
WEBB CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331-110—010 & —011\22—0186-T.C.E.
ASSOCIATES | apy 331-110-010 & -011.dwg 2/19/2025 1:20 PM Jason
W.O. THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT. SHEET 1 OF 2 99-0186 ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
SCALE: 1” = 50° [BRN By Gee oe ooeo50De, | SU&ECT: TEMPORARY CONSTRUCTION EASEMENT WEBB
N
W E
S
EASEMENT NOTES:
@
IN FAVOR OF: WATSON WATER COMPANY [BLANKET IN NATURE]
EXHIBIT “B”
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT FOR ALL WATER AND WATER RIGHTS, RIGHTS OF WAY, WEELS, PUPMPING PLANTS AND PIPE LINES AND INCIDENTAL PURPOSES, RECORDED JANUARY 06,1927 IN BOOK 699, PAGE 480 AND JULY 19, 1933 IN BOOK 129, PAGE 50 BOTH OF DEEDS.
LINE DATA
LINE #| DIRECTION | LENGTH
L1 S00°10734”W | 30.00’
L2 S00°10'34”W | 8.00’
L3 S00°10734"W | 15.00’
L4 S89°16'49"E | 200.38’
L5 S37°54'22"E | 32.54’
L6 S00°10'34"W | 15.24’
L7 S89°49'26"E | 15.00’
L8 NOO'10'34"E | 15.00’
L9 N89°49'26"W | 2.00’
L10 | N89°49’26"W | 3.92’
L11 N37°54'22"W | 30.60’
L12 N89°16'49°W | 207.74’
CURVE DATA
CURVE #) RADIUS) DELTA | LENGTH
C1 49.00 | 19°55’'18” | 17.04’
|e -" 0. LS 9329 N x Ii
Sy A xf 4 SY Ze oF cart
SEC. 15, T5S, R3W, SBM
AL BERT A.
WEBB ASSOCIATES
CITY OF MENIFEE
H:\2022\22—0186\Drawings\Mapping\Legals & Plats\TCE\331—110—010 & —011\22—0186-T.C.E.
APN 331-110-010 & —O11.dwg 2/19/2025 1:20 PM Jason
THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED DOCUMENT.
ALL PRIMARY CALLS ARE LOCATED IN THE WRITTEN DOCUMENT.
W.O.
SHEET 2 OF 2 | 99-0186
SCALE: N/A
DRWN BY CGS _
CHKD BY JKA _
DATE 2/4/2025
DATE 2/9/2025 SUBJECT: TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT “C”
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF
INTERESTS IN CERTAIN REAL PROPERTY FOR PUBLIC USE AND
AUTHORIZING AND DIRECTING CONDEMNATION OF PORTIONS OF
ASSESSOR PARCEL NOS. 331-110-010 & 331-110-011
WHEREAS, the City of Menifee (“City”) has directed the widening and construction of improvements to Ethanac Road (the “Project”); and
WHEREAS, Ethanac Road is identified in the City’s General Plan, Roadway Network, as being a “Circulation Element” street, having an ultimate width of six lanes and functioning as an expressway upon its ultimate build-out; and
WHEREAS, Ethanac Road is currently a two-lane street; and
WHEREAS, development in the area surrounding Ethanac Road requires the acquisition of additional public right-of-way to accommodate the Project, which will include the widening of Ethanac Road to four lanes and the construction of improvements within the public right-of-way; and
WHEREAS, improvements to Ethanac Road are currently identified as City Project PW-TR-16; and
WHEREAS, the Project will help to alleviate congestion, increase capacity, and improve traffic circulation and safety within the Ethanac Road corridor within the City; and
WHEREAS, the Project will be a transportation improvement project serving the public interest; and
WHEREAS, the Project requires the acquisition of a 2,370-square-foot permanent public street and utility easement and a 3,910-square-foot temporary construction easement with a term of 36 months (collectively, the “Subject Property Interests”) on the real property located at 27471-27491 Ethanac Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Numbers 331-110-010 and 331-110-011 (the “Property”), which are described more particularly in Section 3 below; and
WHEREAS, the City is authorized to acquire the Subject Property Interests described in Section 3 below for public use, namely for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred upon the City
to acquire property by eminent domain by article 1, section 19 of the California Constitution, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230,010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by any other provisions of law; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by first-class mail dated June 17, 2025, to Harvinder Singh and Gurmeet Singh, the record owners of the Subject Property Interests that the City seeks to acquire, advising them of the City’s intent to consider at its July 16, 2025, meeting the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within 15 days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the record owners are necessary for the Project; and
WHEREAS, the City Council held a hearing on July 16, 2025, at 6:00 p.m. at the Council chambers located at 29844 Haun Road in the City of Menifee, California 92586.
The City Council provided an opportunity to be heard on those matters specified in the City’s letter and notice pursuant to Code of Civil Procedure section 1245.235 to the record owners of the Subject Property Interests.
NOW, THEREFORE, the City Council of the City of Menifee resolves by at least a two-thirds vote of the City Council under Code of Civil Procedure sections 1240.030, 1240.040, 1245.220, 1245.230, and 1245.240, that the City does and hereby find and determine as follows:
Section 1: Incorporation of Findings and Recitals. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this Resolution are true and correct, are incorporated into this Resolution by this reference, and constitute a material part of this Resolution.
Section 2: Adoption of a Resolution of Necessity. The City Council of the City of Menifee adopts Resolution No. 25-___, A Resolution of the City Council of the City of Menifee Finding and Determining that the Public Interest and Necessity Require the Acquisition by Eminent Domain of Interests in Certain Real Property for Public Use and Authorizing and Directing Condemnation of Portions of Assessors Parcel Nos. 331-110- 010 & 331-110-011 (“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests, which consist of a 2,370-square-foot permanent public street and utility
easement and a 3,910-square-foot temporary construction easement with a term of 36 months, described more particularly in Section 3 below in connection with the proposed construction of the Project pursuant to the authority conferred upon the City of Menifee to acquire property by eminent domain by article 1, section 19 of the California Constitution, California Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of Civil Procedure section 1230,010 et seq. (Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by any other provisions of law.
Section 3: Subject Property Interests. The City hereby authorizes the acquisition by eminent domain of the following Subject Property Interests on the Property, which is located at 27471-27491 Ethanac Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Numbers 331-110-010 and 331-110-011, for public use, namely for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project:
a. A 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and incorporated herein by this reference; and
b. A 3,910-square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto and incorporated herein by this reference.
Section 4: Environmental Review. The environmental effects of the Project were studied and analyzed as an integral part of the environmental review for the Menifee Commerce Center. The City of Menifee was the lead agency for this environmental review under the California Environmental Quality Act (“CEQA”).
On June 11, 2021, the City publicly noticed its decision to prepare an Environmental Impact Report (“EIR”) and hold a public scoping meeting for the Project by noticing the California Governor’s Office of Planning and Research, and distributed the Notice of Preparation (“NOP”) to various agencies and surrounding property owners and residents in accordance with CEQA requirements. The NOP comment period was from June 11, 2021, to July 12, 2021. On June 29, 2021, the City held a duly noticed public scoping meeting at City Hall regarding the preparation of the EIR and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR. The City prepared a Final Environmental Impact Report, consisting of all of the comment letters received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR.
On October 19, 2022, the Menifee City Council adopted Resolution No. 22-1250, making the findings necessary to adopt the Finding of Facts, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, approve certifying
the Environmental Impact Report, and directing staff to file a Notice of Determination in compliance with CEQA.
In adopting Resolution No. 22-1250, the City Council found that the benefits of the Project outweigh the unavoidable environmental impacts and render acceptable each of the unavoidable adverse environmental impacts. These benefits, as described in the Findings of Fact and Statement of Overriding Consideration, include that the Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan, will attract businesses than can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City boundary, and will provide improved infrastructure that will enhance the quality of life for the City’s residents by linking land use, transportation, and infrastructure development.
Section 5: The Public Interest and Necessity Require the Project. The Project, as planned and designed, is in the public interest and necessity. The Project will help to alleviate congestion, increase capacity, and improve traffic circulation and safety within the Ethanac Road corridor.
Ethanac Road is currently a two-lane street, which will be widened to add additional lanes between Trumble Road and Antelope Road. The intersection of Ethanac Road and Sherman Road will be improved to add a westbound left turn lane, eastbound left turn lane, and widening of corners to allow the safe turning of vehicles and trucks onto Sherman Road and Ethanac Road. Portions of Sherman Road and McLaughlin Road will be paved to provide a two-way roadway. New traffic signals will be installed on Ethanac Road at the intersections of Sherman Road and at Dawson Road, along with several other improvements at multiple intersections to achieve acceptable turning movements in all directions. Utility improvements will be constructed, which include new water lines, recycled water lines, sewer, and storm drain lines. Curb, sidewalk, bike lane, and driveway improvements will be constructed along Trumble Road, Sherman Road, and Dawson Road. A new sewer main will also be installed along Sherman Road, from Ethanac Road towards McLaughlin Road. The proposed roadway improvements, utility relocations, and related improvements in connection with the Project will serve to fulfill Ethanac Road’s designation in the City’s General Plan, Roadway Network, as being a “Circulation Element” street, having an ultimate width of six lanes and functioning as an expressway.
Section 6: The Project is Planned and Located in a Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury. The Project is planned and located in a manner that is most compatible with the greatest public good and the least private injury. Ethanac Road is designated as an “Expressway,” the highest capacity roadway in the City of Menifee’s General Plan, and Sherman Road is designated as a “Major” street. The Project is planned and designed to construct necessary public street, sidewalk, public utility, drainage, and related improvements to alleviate congestion, improve safety and traffic circulation consistent with the Circulation Element of the General Plan.
The Project, as planned and located, is also planned and designed to minimize the impact on private parcels. The Subject Property Interests consist of minor acquisitions of a permanent easement and temporary construction easement that are necessary to accommodate street widening along Ethanac Road and Sherman Road, utility relocations, and construction of a new sewer main. The Project will not require the relocation of any businesses or residents.
The Project, as planned and designed, will require the relocation of certain utilities to accommodate the Project’s road widening. As it pertains to the Subject Property Interests, agreements are already in place with the utility providers whose facilities will need to be relocated, including Southern California Edison, SoCal Gas, and Eastern Municipal Water District.
To the extent that the project will impact the interests of easement holders in the area of the Subject Property Interests, the public use for which the City seeks to acquire the Subject Property Interests, for the construction of public streets, sidewalks, public utilities, drainage, and all uses necessary or convenient thereto in connection with the Project is a joint and compatible use and will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the subject property interests.
To the extent that the Project will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by the Project, the City’ s use of the Subject Property Interests for the Project is for a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.
Section 7: The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project. The Project cannot be constructed, as planned and designed, without the acquisition of the Subject Property Interests.
Section 8: Offer Pursuant to Government Code Section 7267.2. Pursuant to Government Code section 7267.2, the City extended a written offer dated April 28, 2025, to the record owners of the Subject Property Interests, Harvinder Singh and Gurmeet Singh. The offer letter contained an appraisal that described the zoning, highest and best use of the larger parcel, explained the appraiser’s valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included an eminent domain pamphlet explaining the eminent domain process and the rights of the records owners.
Section 9: Notice Pursuant to Code of Civil Procedure Section 1245.235.
Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and a notice by first-class mail dated June 17, 2025, to the record owners of the Subject Property Interests, Harvinder Singh and Gurmeet Singh. The letter advised the record owners of the City’s intent to consider at its July 16, 2025, meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within 15 days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the record owners are necessary for the Project.
Section 10: Findings. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the agenda report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury;
C. The Subject Property Interests, consisting of a 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and a 3,910- square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto, are necessary for the Project; and
D. The offer required by Government Code section 7267.2 has been made to the record owners of the Subject Property Interests that the City seeks to acquire.
Section 11: Existing Public Uses. Pursuant to Code of Civil Procedure sections 1240.510 and 1240.610, to the extent that any portion of the Subject Property Interests are already devoted to a public use, the use proposed by this Project is a more necessary public use than the use to which the Subject Property Interests, or any portion thereof, are already devoted, or, in the alternative, are a compatible public use which will not unreasonably interfere with or impair the continuance of the public use to which the Subject Property Interests, or any portions thereof, are already devoted.
Section 12: Incorporation of Agena Report and Documents Referenced Therein.
The findings and declarations contained in this Resolution are based upon the record before the City Council, including the agenda report, and all documents referenced therein, all of which are incorporated herein by this reference, testimony, and/or comments submitted to the City by the records owners or their representative(s). These documents include, but are not limited to, the City of Menifee General Plan, Circulation Element, the offer letter sent to the record owners pursuant to Government Code sections 7267.2, the notice of the hearing to consider the Resolution of Necessity pursuant to Code of Civil Procedure section 1245.235, and environmental documents relating to the Project.
Section 13: Authorization to File Eminent Domain Proceedings. The City Attorney’s Office is authorized to take all steps necessary, including retaining outside counsel, to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of a 2,370-square-foot permanent public street and utility easement described more particularly on Exhibit A-1 and depicted on Exhibit B-1 attached hereto and a 3,910-square-foot temporary construction easement with a term of 36 months described more particularly on Exhibit A-2 and depicted on Exhibit B-2 attached hereto.
Section 14: City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.
Section 15: Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of July 2025 by the following votes:
AYES:
NOES:
ABSENT:
__________________________
Ricky Estrada, Mayor
Attest:
________________________
Stephanie Roseen, City Clerk
Approved as to form:
__________________________
Jeffrey T. Melching, City Attorney