RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA 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. 344-321-006
WHEREAS, the City of Menifee (“City”) has directed the widening and construction of improvements to McCall Boulevard as part of the McCall Boulevard Improvement Project (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, the Project will enhance connectivity between Menifee Road and the Interstate 215, as the proposed improvements will enable traffic to transition more efficiently and reduce traffic congestion through road widening and increased lane counts, in addition to the relocation and modernization of certain utilities and traffic signals, all to enhance the utility of the area and help improve traffic circulation and safety; and WHEREAS, the Project will be a transportation improvement project serving the public interest; and
WHEREAS, the Project requires the acquisition of a 3,609-square-foot permanent easement, and a 3,464-square-foot temporary construction easement with a term of 12 months (collectively, the “Subject Property Interests”) on the real property located on the south side of McCall blvd., on vacant land at the south-west corner of Dales Street and McCall Boulevard in the City of Menifee, and identified as Riverside County Assessor’s Parcel Number 344-321-006 (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 FedEx and first-class mail dated September 17, 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 October 7, 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
NOW, THEREFORE, the City Council of the City of Menifee, California 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. 344-321- 006 (“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 3,609-square-foot permanent easement and a 3,464-square-foot temporary construction easement with a term of 12 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 vacant land at the south-west corner of Dales Street and McCall Boulevard in the City of Menifee, and identified as Riverside County Assessor’s Parcel Number 344- 321-006, 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 3,609-square-foot permanent 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 3,464-square-foot temporary construction easement with a term of 12 months, commencing upon the provision of notice as required therein. 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, to facilitate construction of the Project, including the construction of street, utility, and drainage improvements in the new right of way, construction staging purposes, and storage of material and equipment on the temporary construction easement. The construction staging purposes include, but are not limited to, the use of the temporary construction easement to facilitate the movement of construction equipment for the construction of the Project, storage and assembly of equipment and materials, ingress and egress, and any related support activities to facilitate the construction of the Project.
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 Valley 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 Menifee Valley 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 March 10, 2022 to April 8, 2022. On March 29, 2022, the City held a duly noticed public scoping meeting at the Menifee 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 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 to the draft EIR.
On February 21, 2024, the City Council adopted Resolution No. 24-1397, 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. 24-1397, 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.
On February 4, 2026, the City Council adopted an Addendum to the Final Environmental Impact Report for the Menifee Valley Project. The Addendum was required by the California Department of Fish and Wildlife to elaborate on and analyze record information on potential impacts to the Crotch’s bumble bee. A Notice of Determination was subsequently filed in compliance with CEQA.
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 Project will enhance connectivity between Menifee Road and the Interstate 215, as the proposed improvements will enable traffic to transition more efficiently and reduce traffic congestion through road widening and increased lane counts, in addition to the relocation and modernization of certain utilities and traffic signals, all to enhance the utility of the area and help improve traffic circulation and safety. 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. 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. The Project will not require the relocation of any businesses or residents.
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 8, 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 included an eminent domain pamphlet explaining the eminent domain process and the rights of the records owners, which included an offer to pay the reasonable costs, up to $5,000, of an independent appraisal, pursuant to Code of Civil Procedure section 1263.025.
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 FedEx and first-class mail dated September 17, 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 October 7, 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 Agenda 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 7th day of October 2026. ___________________________________
Ricky Estrada, Mayor
Attest:
___________________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________________
Jeffrey T. Melching, City Attorney
PERMANENT EASEMENT
EXHIBIT “A-1”
LEGAL DESCRIPTION
Being real property in the City of Menifee, County of Riverside, State of California, more particularly described as follows:
PARCEL “A”
Being a portion of Lot 295 of Dunwoodie Park Tract No. 2, as filed in Book 16, Page 66 of Maps, in the Office of the County Recorder of said County of Riverside, lying within the Southeast One-Quarter of Section 23, Township 5 South, Range 3 West, San Bernardino Meridian, more particularly described as follows:
COMMENCING at the centerline intersection of McCall Boulevard (138.00 feet wide per Parcel Map No. 37624-1, as filed in Book 248, Pages 100 through 103, inclusive of Parcel Maps, and said Dunwoodie Park Tract No. 2) and Dales Street (60.00 feet wide per Resolution No. 84-155, recorded April 20, 1984 as Document No. 82778, Official Records of said County of Riverside); THENCE along the centerline of said McCall Boulevard South 89°03'30" West 30.40 feet; THENCE departing the centerline of said McCall Boulevard South 00°56'30" East 30.00 feet to the northeast corner of said Lot 295, said point being the intersection of the southerly Right of Way Line of said McCall Boulevard as shown on said Dunwoodie Park Tract No. 2 with the westerly Right of Way line of said Dales Street, said point also being the TRUE POINT OF BEGINNING;
THENCE along said westerly Right of Way line of said Dales Street South 00°11'27" East
19.00 feet to a line 19.00 feet southerly and parallel with measured at right angles from said southerly Right of Way line of said McCall Boulevard;
THENCE along said parallel line South 89°03'30" West 189.94 feet to a point on the westerly line of said Lot 295;
THENCE along said westerly line of said Lot 295 North 00°11'41" West 19.00 feet to the northwest corner of said Lot 295, said point also being a point on said southerly Right of Way line of said McCall Boulevard;
THENCE along said southerly Right of Way line of said McCall Boulevard North 89°03'30" East 189.95 feet to the TRUE POINT OF BEGINNING.
Containing 3,609 Square Feet, more or less. (A portion of APN: 344-321-006)
PERMANENT EASEMENT
EXHIBIT “A-1”
LEGAL DESCRIPTION
See Exhibit “B-1”, attached hereto and by this reference made a part hereof.
Date:
Robert N. Beuschlein, LS 7874
SEPTEMBER 14, 2026
No. 7874
S T A T E O F CA L I F ORN I A
L ICENSED LAND SURVEYOR
R O
B E R T N . B E U S C H L E I N
HUNSAKER E
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S
OWNERSHIP:
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NOTES:
2 SEPTEMBER 14, 2026
HUNSAKER E N W S
NOTES:
LINE DATA
BASIS OF BEARINGS:
NOTES:
LEGEND:
RIGHT OF WAY NOTES:
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT “A-2”
LEGAL DESCRIPTION
Being real property in the City of Menifee, County of Riverside, State of California, more particularly described as follows:
PARCEL “A”
Being a portion of Lot 295 of Dunwoodie Park Tract No. 2, as filed in Book 16, Page 66 of Maps, in the Office of the County Recorder of said County of Riverside, lying within the Southeast One-Quarter of Section 23, Township 5 South, Range 3 West, San Bernardino Meridian, more particularly described as follows:
COMMENCING at the centerline intersection of McCall Boulevard (138.00 feet wide per Parcel Map No. 37624-1, as filed in Book 248, Pages 100 through 103, inclusive of Parcel Maps, and said Dunwoodie Park Tract No. 2) and Dales Street (60.00 feet wide per Resolution No. 84-155, recorded April 20, 1984 as Document No. 82778, Official Records of said County of Riverside); THENCE along the centerline of said McCall Boulevard South 89°03'30" West 219.95 feet to the intersection with the northerly prolongation of the westerly line of said Lot 295; THENCE along said northerly prolongation of the westerly line and the westerly line of said Lot 295 South 00°11'41" East 49.00 feet to a line 19.00 feet southerly and parallel with measured at right angles from the southerly Right of Way line of said McCall Boulevard as shown on said Dunwoodie Park Tract No. 2, said point also being the TRUE POINT OF BEGINNING;
THENCE along said parallel line North 89°03'30" East 189.94 feet to a point on the westerly Right of Way line of said Dales Street per said Resolution No. 84-155; THENCE along said westerly Right of Way line of said Dales Street South 00°11'27" East
19.81 feet;
THENCE departing said westerly Right of Way line of said Dales Street North 89°59'39" West 189.93 feet to a point on the westerly line of said Lot 295; THENCE along said westerly line of said Lot 295 North 00°11'41" West 16.67 feet to the TRUE POINT OF BEGINNING.
Containing 3,464 Square Feet, more or less. (A portion of APN: 344-321-006)
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT “A-2”
LEGAL DESCRIPTION
See Exhibit “B-2”, attached hereto and by this reference made a part hereof.
Date:
Robert N. Beuschlein, LS 7874
SEPTEMBER 14, 2026
No. 7874
S T A T E O F CA L I F ORN I A
L ICENSED LAND SURVEYOR
R O
B E R T N . B E U S C H L E I N
HUNSAKER E
N
W
S
OWNERSHIP:
#
NOTES:
2 SEPTEMBER 14, 2026
HUNSAKER E N W S
NOTES:
LINE DATA
BASIS OF BEARINGS:
NOTES:
LEGEND:
EASEMENT NOTES: