CITY OF MENIFEE
SUBJECT: Resolution of Necessity Authorizing the Condemnation of Property for Right-of-Way Purposes on McCall Boulevard
MEETING DATE: August 19, 2026
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 of a portion of real property known as Assessor’s Parcel Number (APN) 344-080- 021 located on the south side of McCall Boulevard, west of Sherman Road, for the purpose of road widening and storm drain relocation.
DISCUSSION
At the July 15, 2026 City Council meeting, the City Council continued this public hearing item to the August 19, 2026 meeting.
McCall Boulevard (McCall Blvd) is identified in the City’s General Plan as ultimately being an urban arterial six-lane major roadway, with a raised median. The street currently exists as a four- lane roadway. As part of the conditions of approval of development, the Legado residential development (Project) is required to widen McCall Blvd to add an additional eastbound shared through and right turn lane, modify the traffic signal, and construct storm drain improvements under McCall Blvd to approximately 300 feet west of Sherman Road.
In addition to the Legado Project to the north, several future projects are in various stages of the development review and construction process that will contribute to future traffic along this corridor. These projects include the Menifee Commerce Center project, located south of Ethanac Road, east of Sherman Road, and north of a major existing Southern California Edison easement, and the Menifee Valley Specific Plan, located south of Highway 74 between Menifee Road and Briggs Road.
The conditioned road widening by the Project requires the acquisition of additional public right-of- way (ROW) from APN 344-080-021 (Property), located at the southwest corner of McCall Blvd
City of Menifee Staff Report
Resolution of Necessity (APN 344-080-021)
August 19, 2026
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and Sherman Road. The ROW is needed to accommodate the roadway, storm drain, and traffic signal improvements that facilitate the Project improvements.
Pursuant to applicable requirements of law, the City has appraised the property interests of the location 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 has attempted to negotiate with the Property owners but have not been able to secure a final agreement for the transfer of the required ROW Property by way of a negotiated agreement because the property has been in probate since 2022. Without eminent domain, negotiations would have to wait until the conclusion of the probate process.
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 discussions with the Property owners and monitor the progress of probate proceedings 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-thirds 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:
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 for 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 to the Property interests involved is not a subject of the resolution of necessity, and therefore not before the 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 City of Menifee Staff Report
Resolution of Necessity (APN 344-080-021)
August 19, 2026
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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 mentioned, staff were contacted by one of the property owners, who indicated they may participate at the hearing.
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 McCall Blvd 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 a manner most compatible with the greatest public good and least private injury, in that it requires only minor acquisitions of permanent easements and temporary construction easements that are necessary to accommodate street widening, storm drain relocations, and modification of a traffic signal at Sherman Road and McCall Blvd.
The Property to be taken for the Project is necessitated by the widening of McCall Blvd, widening the intersection of McCall Blvd and Sherman Road, and relocation of an existing storm drain facility running parallel to McCall Blvd, as part of the impacts from the Legado residential project.
The Project is designed in a manner compatible with the greatest public good, in that the Project will involve the modification of the existing traffic signal on the southwest quadrant of McCall Blvd and Sherman 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 order to mitigate the impact of the Project on traffic in the area.
The environmental effects of the Project were studied and analyzed as an integral part of the environmental review for the Legado Project. 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 EIR, consisting of all 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 June 3, 2020, the City Council adopted Resolution No. 20-909, 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.
City of Menifee Staff Report
Resolution of Necessity (APN 344-080-021)
August 19, 2026
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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.
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 the 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.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no additional fiscal impact associated with this action. All costs associated with the eminent domain process, or any property purchase to support the Project, would be borne entirely by the developer. The developer would deposit funds with the City as the public agency exercising its legal authority to acquire private property for public use. The eminent domain proceedings are ultimately expected to lead to a determination of the fair market value of the property interests proposed to be taken. Notably, however, 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 $196,000, and a temporary construction easement cost for a period of six months at $9,170.70, as of October 27, 2025. Additional costs would 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