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.
The temporary construction easement shall be nonexclusive and permit the City, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area, consisting of approximately 3,910 square feet, as reasonably necessary for all purposes incidental to the Project. This temporary construction easement shall include the right to perform within the temporary construction easement area any necessary excavation; grading; earth fill; compaction; installation of concrete forms; landscaping; irrigation; utility; and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment, and material for all such necessary activities which are reasonably incidental to the work being performed on the temporary construction easement area in connection with the approved plans for the Project; provided, however, this temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, nor to block vehicular access to the larger parcel of property of which the temporary construction easement Area is a part, nor exercise the uses of the easement outside of the temporary construction easement area.
Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement area for adjusting grade differentials between the planned Project and the adjoining real property and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, providing standard construction site control measures as may be reasonably necessary to allow the work which will be done pursuant to this temporary construction easement in a safe and legal manner, and such work as may pertain to on-site improvements to render the temporary construction easement area or the larger parcel to which it pertains in the same functional condition as reasonably practicable to the condition before the Project, consistent with the Project to be constructed. To the extent legally permitted improvements are constructed on the temporary construction easement area, the City shall protect or restore all improvements thereon.
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 September 28, 2022, the Planning Commission of the City of Menifee determined that the Project is consistent with the City’s General Plan pursuant to Government Code section 65402.
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:
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Jeffrey T. Melching, City Attorney