VIA Federal Express
July 31, 2026
Nick Markou and Panagiota Markou,
Trustees of the Markou Family Trust U/T/D November 12, 2005, 20130 EYOTA RD
APPLE VALLEY, CA 92308
Re: NOTICE OF INTENT TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY INTEREST LOCATED ALONG THE SOUTH SIDE OF MCCALL BLVD. BETWEEN ENCANTO AND SHERMAN ROAD (APN 344080021)
Dear Mr. & Ms. Markou:
This notice is sent to you under the requirements of California Code of Civil Procedure Section 1245.235. This notice concerns the property located on the south side of McCall Blvd. between Encanto Drive and Sherman Road, identified as Assessor’s Parcel N umber 344-080-021. The City of Menifee has been investigating the acquisition of a certain portion of real property for the construction of improvements to McCall Boulevard 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 8,882-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 six (6) months over approximately 8,734 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 are 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 requires 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 that 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.
NOTICE OF INTENT TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY INTEREST (APN 344080021)
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 procedural 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 August 19, 2026 , in the City Council Chambers located at City Hall, 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 rai sed 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 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 m ay result in the waiver of objections in any later legal proceeding which may follow.
DATE PREPARED:
MARCH 17, 2026
SHEET 1 OF 2
LEGAL DESCRIPTION
PARCEL A:
THAT PORTION OF QUITCLAIM DEED RECORDED DECEMBER 30, 2005 AS DOCUMENT NO. 2005-1078777, RECORDS OF RIVERSIDE COUNTY, WITHIN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE PROPERTY DESCRIBED IN A GRANT DEED FILED AS DOCUMENT NO. 2009-0010341, RECORDED JANUARY 9, 2009, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE WESTERLY LINE OF SAID PROPERTY SOUTH 58°53'23" EAST, A DISTANCE OF 16.23 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 0°06'04" EAST, A DISTANCE OF
29.00 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 11°31'06" EAST, A DISTANCE OF
9.01 FEET;
THENCE LEAVING SAID WESTERLY LINE NORTH 66°57'32" WEST, A DISTANCE OF 31.51 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2073.50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 28°01'34" EAST AND BEING CONCENTRIC WITH AND 23.50 FEET DISTANT TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF McCALL BOULEVARD (FORMERLY GRAND AVENUE PER INSTRUMENT NO. 78840 RECORDED ON AUGUST 2, 1966 IN O.R. OF SAID COUNTY 50.00 FEET HALF-WIDTH);
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°17'11", A DISTANCE OF 336.07 FEET TO A LINE THAT IS PARALLEL WITH AND PERPENDICULARLY DISTANT 1033.60 FEET EASTERLY OF THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 6 AS SAID LOT IS SHOWN ON THE RECORD OF SURVEY AMENDMENT MAP OF TRACT 3072 AS SAID RECORD OF SURVEY BEING FILED FOR RECORD IN BOOK 45 OF RECORDS OF SURVEY AT PAGE 31, RIVERSIDE COUNTY RECORDS;
THENCE ALONG SAID PARALLEL LINE NORTH 0°28'11" EAST, A DISTANCE OF 24.90 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF McCALL BOULEVARD, SAID
POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2050.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 18°58'08" EAST;
PREPARED BY: RTM ENGINEERING CONSULTANTS
357 N. SHERIDAN STREET, STE. 117
CORONA, CA 92878
PERMANENT EASEMENT
DATE PREPARED:
MARCH 17, 2026
SHEET 2 OF 2
LEGAL DESCRIPTION
THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 9°49'45", A DISTANCE OF 351.68 FEET TO THE POINT OF BEGINNING TO WHICH A RADIAL LINE BEARS SOUTH 28°47'53" EAST ;
CONTAINING: 8,882 SQUARE FEET, MORE OR LESS.
EXHIBIT "B": ATTACHED HERETO AND MADE A PART THEREOF.
SUBJECT TO: COVENANTS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD, IF ANY.
ROBERT SCIPIOBLUME DATE
P.L.S. NO. 9154
PREPARED BY: RTM ENGINEERING CONSULTANTS
357 N. SHERIDAN STREET, STE. 117
CORONA, CA 92878
PERMANENT EASEMENT
C/L McCALL BOULEVARD
(FORMERLY GRAND AVENUE)
C/L SHERMAN ROAD
APN 344-080-021
PARCEL 'A'
P.O.B.
LINE TABLE
DATE PREPARED: MARCH 17, 2026
LOCATED IN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M SCALE: 1"=60'
AREA:
PARCEL 'A' = 8,882 S.F., MORE OR LESS.
PLAT
SHEET 1 OF 2
engineering consultants
EASEMENT NOTES:
BASIS OF BEARINGS:
OWNER INFORAMTION:
NICK MARKOU AND PANAGIOTA MARKOU. TRUSTEES OF
THE MARKOU FAMILY TRUST U/T/D NOVEMBER 12, 2005
APN 344-080-021
PERMANENT EASEMENT
DATE PREPARED: MARCH 17, 2026
LOCATED IN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M PLAT
SHEET 2 OF 2
engineering consultants
EASEMENT NOTES:
PERMANENT EASEMENT
DATE PREPARED:
MAY 26, 2026
SHEET 2 OF 2
LEGAL DESCRIPTION
PARCEL A CONT'D:
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 9°17'11", A DISTANCE OF 336.07 FEET TO THE POINT OF BEGINNING.
CONTAINING: 8,732 SQUARE FEET, MORE OR LESS.
EXHIBIT "B": ATTACHED HERETO AND MADE A PART THEREOF.
SUBJECT TO: COVENANTS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD, IF ANY.
ROBERT SCIPIOBLUME DATE
P.L.S. NO. 9154
PREPARED BY: RTM ENGINEERING CONSULTANTS
357 N. SHERIDAN STREET, STE. 117
CORONA, CA 92878
TEMPORARY CONSTRUCTION EASEMENT
DATE PREPARED:
MAY 26, 2026
SHEET 1 OF 2
LEGAL DESCRIPTION
PARCEL A:
THAT PORTION OF QUITCLAIM DEED RECORDED DECEMBER 30, 2005 AS DOCUMENT NO. 2005-1078777, OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, WITHIN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF SHERMAN ROAD (VARIABLE WESTERLY HALF WIDTH PER INSTRUMENT NO. ___________, RECORDED ON __/__/____ AND INSTRUMENT NO. 2009-0010341, RECORDED ON SEPTEMBER 1, 2009) AND McCALL BOULEVARD (VARIABLE SOUTHERLY HALF WIDTH PER SAID INSTRUMENT NO. 2009-0010341, AND INSTRUMENT NO. _______, RECORDED ON __/__/____), ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2000.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 31°22'28" WEST; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE OF McCALL BOULEVARD AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3°20'54", A DISTANCE OF 116.88 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 28°01'34" EAST, A DISTANCE OF 73.50 FEET TO THE POINT OF BEGINNING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID McCALL BOULEVARD (73.50 HALF WIDTH PER SAID INSTRUMENT NO. ________); THENCE SOUTH 66°57'32" EAST, A DISTANCE OF 31.51 FEET TO THE WESTERLY LINE OF A GRANT DEED RECORDED ON JANUARY 1, 2009 AS INSTRUMENT NO. 2009-0010341; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 11°31'06' EAST, A DISTANCE OF
0.19 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2098.28 FEET TO WHICH A RADIAL LINE BEARS SOUTH 28°33'55" EAST, SAID CURVE BEING CONCENTRIC WITH AND 24.78 FEET DISTANT TO SAID SOUTHEASTERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°03'40", A DISTANCE OF 368.46 FEET TO A LINE THAT IS PARALLEL WITH AND 1033.60 FEET DISTANT TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 6 AS SAID LOT IS SHOWN ON THE RECORD OF SURVEY AMENDMENT MAP OF TRACT 3072 AS SAID RECORD OF SURVEY RECORDED IN BOOK 45 OF RECORDS OF SURVEY AT PAGE 31 OF OFFICIAL RECORDS OF
SAID RIVERSIDE COUNTY AS DESCRIBED IN QUITCLAIM DEED RECORDED AS DOCUMENT NO. 2005-107877;
THENCE ALONG SAID PARALLEL LINE NORTH 0°28'11" EAST, A DISTANCE OF 26.22 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF McCALL BOULEVARD, SAID
POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2073.50 FEET TO WHICH A RADIAL LINE BEARS SOUTH 18°44'23" EAST;
PREPARED BY: RTM ENGINEERING CONSULTANTS
357 N. SHERIDAN STREET, STE. 117
CORONA, CA 92878
TEMPORARY CONSTRUCTION EASEMENT
C/L SHERMAN ROADAPN 344-080-021
P.O.C.
P.O.B.C/L McCALL BOULEVARD
(FORMERLY GRAND AVENUE)
PARCEL 'A'
DATE PREPARED: MAY 26, 2026
LOCATED IN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M SCALE: 1"=60'
AREA:
PARCEL 'A' = 8,732 S.F., MORE OR LESS.
PLAT
SHEET 1 OF 2
engineering consultants
EASEMENT NOTES:
BASIS OF BEARINGS:
OWNER INFORMATION:
NICK MARKOU AND PANAGIOTA MARKOU. TRUSTEES OF
THE MARKOU FAMILY TRUST U/T/D NOVEMBER 12, 2005
APN 344-080-021
DETAIL "A"
TEMPORARY CONSTRUCTION EASEMENT
DATE PREPARED: MAY 26, 2026
LOCATED IN SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M PLAT
SHEET 2 OF 2
engineering consultants
EASEMENT NOTES:
TEMPORARY CONSTRUCTION EASEMENT
RESOLUTION NO. 26-____
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 NO. 344-080-021
WHEREAS, the City of Menifee (“City”) has directed the widening and construction of improvements to McCall Boulevard (the “Project”); and
WHEREAS, McCall Boulevard 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, McCall Boulevard is currently a four-lane street; and
WHEREAS, development in the area surrounding McCall Boulevard requires the acquisition of additional public right-of-way to accommodate the Project, which will include the widening of McCall Boulevard and the construction of improvements within the public right-of-way; and
WHEREAS, improvements to McCall Boulevard are currently identified as Developer Project IP24-029; and
WHEREAS, the Project will help to alleviate congestion, increase capacity, and improve traffic circulation and safety within the McCall Boulevard 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 8,882-square-foot permanent public street and utility easement, and a 8,734-square-foot temporary construction easement with a term of 6 months (collectively, the “Subject Property Interests”) on the real property located on the south side of McCall Boulevard, west of Sherman Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Number 344-080-021(the “Property”), which is 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 Federal Express dated July 31, 2026, to 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 August 19, 2026 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, pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and notice by Federal Express dated January 5, 2026, to 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 15, 2026, City Council meeting the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project; and
WHEREAS, the City Council voted at its July 15, 2026, meeting to continue the hearing regarding the Resolution of Necessity to the August 19, 2026, City Council meeting. As such, pursuant to Code of Civil Procedure section 1245.235, the City sent a new letter and notice by Federal Express dated July 31, 2026, to 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 August 19, 2026, City Council 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
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. 26-___, 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’s Parcel No. 344-080- 021 (“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 8,882-square-foot permanent public street and utility easement and a 8,734-square-foot temporary construction easement with a term of 6 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 the southwest corner of McCall Boulevard and Sherman Road in the City of Menifee, and identified as Riverside County Assessor’s Parcel Number 344-080-021, 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 8,882-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 8,734-square-foot temporary construction easement with a term of 6 months, commencing upon the City’s issuance of the permits authorizing construction of the Project. Grantee shall provide Grantor with written notice of the commencement of the easement within five (5) business days after issuance of such permits. The easement is 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, 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”).
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 November 14, 2017, to December 14, 2017. On November 30, 2017, the City held a duly noticed public scoping meeting at the Hans Christensen Middle School 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 May 13, 2020, 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 June 3, 2020, the City Council adopted Resolution No. 20-908, 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. 20-909, 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 McCall Boulevard corridor.
McCall Boulevard is currently a four-lane street. The intersection of McCall Boulevard and Sherman Road will be improved to add an eastbound right turn lane onto Sherman Road to provide added capacity and improve vehicle movements through the intersection. The proposed roadway improvements, utility relocations, and related improvements in connection with the Project will serve to fulfill McCall Boulevard ’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 urban arterial.
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. McCall Boulevard is designated as an “Urban Arterial – 6 lanes,” one of the highest capacity roadways in the City of Menifee’s General Plan, and Sherman Road is designated as a “Major” street north of McCall Blvd. and a Collector Street south of McCall Blvd. The Project is planned and designed to construct necessary public street, 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 McCall Boulevard and intersection improvements at Sherman Road. The Project will not require the relocation of any businesses or residents.
The Project, as planned and designed, will require the relocation of certain storm drain utilities to accommodate the Project’s road widening.
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 January 5, 2026, to the record owners of the Subject Property Interests. 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 22, 2026, to the record owners of the Subject Property Interests. The letter advised the record owners of the City’s intent to consider at its June 17, 2026, 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 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.
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 19
th day of August, 2026 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