RESOLUTION NO. 25-4883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF INTERESTS IN A PORTION OF THE PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 949-130-050 WHEREAS, for the public purposes set forth herein, the City of Murrieta, California is authorized to acquire property through the exercise of eminent domain pursuant to Section 19 of Article 1 of the California Constitution, Section 1240.010 through 1240.050 of the California Code of Civil Procedure, and Sections 37350, 37350.5, 37353, and 40404 of the California Government Code; and WHEREAS, the “Project” for the purposes of this acquisition is the construction of an emergency vehicle and pedestrian access corridor, which generally consists of the construction of a 22-foot-wide paved secondary emergency access road within a 30-foot wide easement between Heirloom Court and Berlie Street (referred to herein as the “Project”); and WHEREAS, to carry out and make effective the principal purpose of the Project, it is necessary for the City of Murrieta to acquire street right-of-way in a permanent easement in gross (hereinafter the “Interests”) in a portion of certain privately owned real property located at 24712 Via Silva, Murrieta, CA 92562 (Lot 7 of Tract 30435 as shown by map on file in Book 413, Pages 97 to 99 inclusive of Maps recorded in the office of the County Recorder of the County of Riverside), Assessor’s Parcel No. 949-130-050 (hereinafter the “Property”); and WHEREAS, the portion of the Property in which the City seeks to acquire a permanent easement in gross is described in Exhibit “A” which is attached hereto and incorporated by this reference, and depicted on the diagram attached hereto as Exhibit “B” which is incorporated herein by this reference; and WHEREAS, on or about June 9, 2025, the City made a written offer to acquire the Interests to the record owners of the Property at an amount that was not less than the appraised fair market value in compliance with Government Code Section 7267.2(a), and the owners of the Property have not accepted said offer or otherwise conveyed the Interests to the City as of the date of this Resolution; and
WHEREAS, on July 21, 2025, a Notice of Intent to Adopt a Resolution of Necessity for Acquisition of the Interests in certain real property identified as Assessor’s Parcel No. 949-130-050 (a copy of which is attached hereto as Exhibit “C” and incorporated by this reference) was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an ownership interest in the Property, and to the address appearing on said Roll, which Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and WHEREAS, the hearing that was the subject of said Notice of Hearing was held on August 19, 2025, at the time and place stated therein and all interested parties were given an opportunity to be heard on the following matters:
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the Interests proposed to be acquired are necessary for the Project; (d) Whether an offer meeting the requirements of Government Code Section 7267.2 has been made to the owner or owners of record; (e) Whether all other prerequisites for the exercise of eminent domain to acquire the Interests have been met; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety, and welfare require the City to acquire the Interests in the Property for the stated purposes.
NOW THEREFORE, BE IT RESOLVED, that the City Council hereby does find, determine, and declare based upon evidence presented to it as follows:
Section 1. The staff report presented regarding this matter at the August 19, 2025, hearing is incorporated herein by this reference. The facts referenced in the staff report and the recitals above are found to be true and are incorporated herein by this reference. The findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding.
Section 2. The street right-of-way to be acquired is located within the City of Murrieta, County of Riverside, State of California, Assessor's Parcel No. 949-130-050, comprising a total of 2,060 square feet, is described in Exhibit “A” and depicted in Exhibit “B”.
Section 3. The public interest, convenience, and necessity require the Project to accommodate growth and development and provide a required secondary emergency access road between Heirloom Court and Berlie Street. Currently, both Heirloom Court and Berlie Street have only a single route of access; however, in the event of an emergency, a second route of access may be made necessary by the emergency conditions. The Project consists only of the construction of a 30-foot-wide paved secondary emergency access road between Heirloom Court and Berlie Street. The Project will improve safety and emergency vehicle response times.
Section 4. The Project is planned in the manner which will be the most compatible with the greatest public good and the least private injury. Constructing an access road between Heirloom Court and Berlie Street is the only method of providing a secondary emergency access road between the two locations. Other considered alternatives would be cost prohibitive and have a greater impact on private property owners because more private property would need to be acquired than is necessary for providing emergency access.
Section 5. The acquisition of the Interests in the Property is necessary for the Project because without the Interests, the Project cannot be completed. Acquisition of the Interests is expressly authorized by Section 19 of Article 1 of the California Constitution, California Code of Civil Procedure Sections 1240.010 through 1240.050 and Government Code Sections 37350, 37350.5, 37353, and 40404.
Section 6. The City hereby finds that it can be seen with certainty that the Project falls within the common-sense exception to the California Environmental Quality Act, as described in Title 14 of the California Code of Regulations, section 15061(b)(3), because the Project does not have the potential to cause a significant effect on the environment due to the small amount of roadway to be constructed and the fact that the road is only for emergency use, not for public use.
Section 7. The offer required by Government Code Section 7267.2 has been made to the owners of record of the Property, by way of letter dated June 9, 2025, and the owners of record of the Property have not accepted the City’s offer or made an acceptable counter offer.
Section 8. The City hereby declares its intent to acquire the Interests in the portion of the Property described in Exhibit “A” in the City’s name, in accordance with the provisions of the law of the State of California and finds that all conditions, statutory requirements and prerequisites to the exercise of eminent domain to acquire the Interests described herein and the Project have been complied with by the City.
Section 9. The law firm of Aleshire & Wynder, LLP, is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the Interests in a portion of the Property in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of immediate possession and occupancy of the Property.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Murrieta this 19th day of August, 2025. ___________________________________ Cindy Warren, Mayor ATTEST:
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Cristal McDonald, City Clerk
APPROVED AS TO FORM:
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Tiffany J. Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MURRIETA )
I, CRISTAL MCDONALD, City Clerk of the City of Murrieta, California, do hereby certify that Resolution No. 25-4883 was adopted by the City Council of the City of Murrieta at a regular meeting held on the 19th day of August, 2025, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Cristal McDonald, City Clerk
EXHIBIT “A
LEGAL DESCRIPTION OF EMERGENCY VEHICLE AND PEDESTRIAN ACCESS EASEMENT EXHIBIT “B”
PLAT MAP FOR EMERGENCY VEHICLE AND PEDESTRIAN ACCESS EASEMENT DEDICATION EXHIBIT “C”
NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY
C-2
01375.0024 2017801.2
01375.0024 2017801.2
01375.0024 2017801.2
A-2
01375.0024 2017801.2
B-2
01375.0024 2017801.2