CITY OF MENIFEE
SUBJECT: Resolution of Necessity Authorizing the Condemnation of Property for Right-of-Way Purposes on Ethanac Road
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Steven E. Strapac, Assistant City Engineer/City Surveyor REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a resolution finding and determining that the public interest and necessity require the acquisition by eminent domain of interest of various portions of real property located at 27471- 27491 Ethanac Road, Menifee, California (APNs 331-110-010 & 331-110-011) for the purpose of widening and constructing improvements to Ethanac Road.
DISCUSSION
Background
Ethanac Road is identified in the City’s General Plan as ultimately being a 6-lane expressway that currently exists as a 2-lane roadway lacking improvements such as curb and gutter. Several future projects are in various stages of the development review process along this corridor. One such development is an industrial project known as Core-5 located south of Ethanac Road, east of Sherman Road, and north of a major existing Southern California Edison (SCE) easement. In order to accommodate right-of-way (ROW) required for roadway and traffic signal purposes for the proposed Ethanac Road Widening Project (Project), staff has undertaken preliminary investigations to identify properties that would need to be acquired by the City. Pursuant to applicable requirements of law, the City has appraised the property interests of three locations it proposes to acquire the necessary ROW. Following receipt and review of the respective appraisal information, offer letters were sent to the respective property owners, pursuant to Government Code section 7267.2.
Staff have attempted to undertake negotiations with the property owners but have not been able to secure a final agreement for transfer of the required ROW Property by way of negotiated agreement. The proposed resolution would allow the City to proceed with eminent domain processes to acquire the necessary ROW. It is important to note, staff will continue to pursue
City of Menifee Staff Report
Resolution of Necessity (APNs 331-110-010 & 331-110-011) July 16, 2025
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discussions with the property owners, regardless of the City Council’s action with respect to the proposed resolution of necessity, in an attempt to reach mutually agreeable terms for such a negotiated transfer, instead of pursuing eminent domain.
Analysis
The proposed resolution is a resolution of necessity under California Code of Civil Procedure sections 1245.210, et seq. Such a resolution must be considered, and approved, by the legislative body prior to any exercise of eminent domain to acquire property. The resolution must be passed by a two-third majority, or four affirmative votes of the members of the City Council.
The California Eminent Domain Law provides the findings that must be made in a resolution of necessity. These are as follows:
1. That the public interest and necessity require the project for which the property is proposed to be acquired;
2. That the project is planned in a manner that will create the greatest public good and the least private injury;
3. That the property proposed to be acquired is necessary for the project; and
4. That the offer required by Government Code section 7267.2 has been made to the owner of record.
In addition, the City Council is being asked to make the finding that the City has met all other procedural prerequisites to the exercise of eminent domain on the property, including a determination that the Project was reviewed under applicable environmental review procedures.
The amount of compensation due for the property interests involved is not a subject of the resolution of necessity, and therefore not before City Council as an issue to be considered as part of this resolution.
The property owners, and/or their representative, have a right to appear and be heard on the matters encompassed within the resolution affecting their property. As required by the California Eminent Domain Law, the property owners were given notice of the City’s consideration of the resolution of necessity and notified of their opportunity to appear and be heard on whether the City has undertaken all required steps and met all procedural prerequisites to the exercise of eminent domain to acquire the property interests proposed to be taken. As of the date of writing this report, the property owners have not contacted the City to inform it that they desire to be heard at the meeting.
The facts supporting the various findings included within the resolution of necessity are recited in more detail in the text of the resolution itself. Generally, the public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Ethanac Road in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion, improve traffic flow, and improve safety for the current, and future, residents and businesses within the Project region. The Project is located in City of Menifee Staff Report
Resolution of Necessity (APNs 331-110-010 & 331-110-011) July 16, 2025
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a manner most compatible with the greatest public good and least private injury, in that it requires only minor acquisitions of a permanent easements and temporary construction easements that are necessary to accommodate street widening, a traffic signal, utility relocations, and construction of a new sewer main and improvements along Ethanac Road and Sherman Road.
The property to be taken for the Project is necessitated by the widening of the intersection of Ethanac Road and Sherman Road, which 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.
The Project is designed in a manner compatible with the greatest public good, in that the Project will involve the installation of new traffic signals along Ethanac Road, the improvement of utilities which include new water lines, recycled water lines, sewer, and storm drain lines, and the construction of curb, sidewalk, bike lane, and driveway improvements along Trumble Road, Sherman Road, an Dawson Road. This will enhance the utility of the area and help improve traffic circulation and safety. The Property is necessary for the proposed Project, in that it is directly adjacent to the intersection of Ethanac Road and Sherman Road that is to be widened.
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 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.
City of Menifee Staff Report
Resolution of Necessity (APNs 331-110-010 & 331-110-011) July 16, 2025
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The City Council has the option of either passing, or refusing to pass, the proposed resolution. If the resolution is passed, City Staff and Special Counsel will proceed to initiate eminent domain proceedings, which ultimately would lead to a determination of the fair market value of the property interests proposed to be taken through court proceedings. If City Council does not pass the resolution, the City can either (i) commit to acquiring the identified right of way from the property owners only by negotiated acquisition, (ii) decide not to implement the Project, or (iii) provide alternative direction to Staff.
Based on all the foregoing, and on the matters recited in more detail in the resolution itself, City staff requests that the City Council adopt the proposed resolution.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the eminent domain purchase will be borne entirely by the developer of the road frontage. Funds will be supplied to the City as the public agency exercising its legal authority to acquire private property for public use. The eminent domain proceedings will ultimately lead to a determination of the fair market value of the property interests proposed to be taken. Notably, the City had the property appraised for purposes of its Government Code section 7267.2 offer.
The City’s independent appraisal valued the property interests at $76,000 as of April 2, 2025.
Additional costs will be incurred in legal fees, appraisal fees and court costs relating to the initiation of eminent domain proceedings if the Resolution is approved and the matter proceeds to court.
ATTACHMENTS
1. Resolution
2. Notice of Public Hearing
3. Offer for Acquisition by City of Menifee
4. Project Area Aerial