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RESOLUTION NO. 24-4782
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, MAKING FINDINGS RELATING TO THE PROPOSED
TRANSFER OF A PORTION OF CITY- OWNED REAL PROPERTY LOCATED AT ASSESSOR’S PARCEL NUMBER 963-060-086 T O J&T INVESTMENTS, INC., IN EXCHANGE FOR REAL PROPERTY OWNED BY J&T
INVESTMENTS, INC., LOCATED AT ASSESSORS PARCEL NUMBER 963 -060- 065 AND ADOPTION OF EXEMPTION FROM THE SURPLUS LAND ACT W
HEREAS, the City of Murrieta (“City”) has identified a critical need to establish Fire Station #6 to enhance emergency response time and capabilities and ensure the safety and well - being of the community; and
WHEREAS, the proposed site for Fire Station #6 is located at Assessor’s Parcel Nu mber (“APN”) 963-060-065 as more fully described and depicted in Exhibit “A/B” attached hereto and incorporated herein (“Fire Station Parcel”); and
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HEREAS, the Fire Station Parcel is currently owned by J&T Investments Inc.; and W
HEREAS, t he City is the owner of real property, which is located in the City of Murrieta and is identified as APN 963-060-079 ("City Parcel"); and WHEREAS, a portion of the City Parcel, as more particularly described and depicted on Exhibit “A /B”, attached hereto and incorporated herein and identified as future APN 963-060-086 (“Remnant Parcel”) is an undevelopable property on a stand-alone basis due to its size and shape; a nd
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HEREAS, to facilitate the establishment of Fire Station #6, staff recommends a land swap between the Fire Station Parcel and the Remnant Parcel; and W
HEREAS, pursuant to the Surplus Property Land Act (Government Code Sections 54220-54233), as amended by Assembly Bill 1486 (effective January 1, 2020) (“Act”), and Assembly Bill 480 (effective January 1, 2024) (“Act”), the City previously issued a 30 -day public notice to declare land owned by the City which is not necessary for the City’s use to be declared surplus and communicated with the State Department of Housing & Community Development (“HCD”) regarding the documentation needed for HCD to approve the declaration of the Remnant Parcel as exempt surplus property; and
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HEREAS, in an email sent to the City on July 30, 2024 in accordance with the Act, HCD indicated its willingness to agree that the Remnant Parcel may be declared to be exempt from the Surplus Lands Act pursuant to Government Code Section 54221 (f)(1)( C); however, HCD requested that the City Council make certain findings; and
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WHEREAS, to assist HCD with its review of this proposal, City staff sent a draft of this Resolution to HCD on July 30, 2024. At this time, the City Council desires to make the required findings.
NOW, THEREFORE , THE CITY COUNCIL FOR THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the Recitals set forth above are true and correct and incorporated herein as if set forth in full.
2. That, if acquired through a land swap, the Fire Station Parcel is an appropriate and authorized location to develop Fire Station #6.
3. That the Remnant Parcel is not needed for any City use. Furthermore, the City Property is not:
(A) Within a coastal zone;
(B) Adjacent to a historical unit of the State Parks System;
(C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or,
(D) Within the Lake Tahoe region.
4. That, subject to HCD’s determination that the Remnant Parcel is exempt surplus property, the Remnant Parcel is approved for transfer to J&T Investments Inc., the owner of the Fire Station Parcel, in exchange for a transfer by J&T Investments Inc. of the Fire Station Parcel to the City pursuant to the terms of the Exchange Agreement and Joint Escrow Instructions to be negotiated by the parties, if the parties are able to reach an agreement on the terms for such agreement and the agreement is approved by the City Council.
5. That the approval of the land swap is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378 and Section 15060(c)(3) of the CEQA Guidelines because this is not a project as defined by Section 15378 of the CEQA Guidelines.
PASSED, APPROVED, AND ADOPTED this 3
rd DAY OF September, 2024.
______________________________
Lori Stone, Mayor
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ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
I, Cristal McDonald, City Clerk, City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 24- 4782 was duly adopted by the City Council on the 3 rd day of September, 2024.
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EXHIBIT A
PARCEL 1 OF PARCEL MAP NO. 32123, IN THE CITY OF MURRIETA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 228, PAGES 35 THROUGH 42 INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
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EXHIBIT B
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Riverside, City of Murrieta and described as follows:
Being a portion of the South half of the Northwest one -quarter of Section 6, Township 7 South, Range 2 West, San Bernardino Meridian, described as follows:
Commencing at the Southeast corner of Government Lot 2 of said Section 6; Thence N 89°57'08"W along the South line of said Government Lot 2, a distance of 149.92 feet;
Thence S 00°02'52''W, a distance of 30.00 feet to a point of intersection with the Southerly right-of-way line of Porth Road as dedicated by Declaration of Dedications recorded April 28, 1977 as Instrument Numbers 74084, 74085, and 74086, and Declaration of Dedication recorded May 13, 1977 as Instrument Number 85048, all being Records of the Recorder of Riverside County, California, said point being the true point of beginning;
Thence S 46°57'30°W, a distance of 29.70 feet;
Thence S 00°02'52°W, a distance of 49.71 feet to the beginning of a tangent curve, concave Easterly and having a radius of 106.00 feet;
Thence Southerly along the arc of said tangent curve, through a central angle of 30°27'53", an arc distance of 56.36 feet;
Thence S 30°25'01 "E, a distance of 263.04 feet to a point of intersection with the Westerly right-of-way line of Briggs Road as adopted by resolution on file in Supervisor Minute Book 40, Page 239, dated May 3, 1948, Records of the Clerk of the Board of Supervisors, Riverside, California;
Thence Southerly along said Westerly right -of-way line of Briggs Road, s 00°26'29''W, a distance of 80.32 feet to the beginning of a non -tangent curve, concave Southwesterly, having a radius of 106.00 feet and an initial radial bearing of N 73°41'11"E;
Thence Northwesterly along the arc of said non -tangent curve, through a central angle of 14°06'12", an arc distance of 26.09 feet;
Thence N 30°25'01"W, a distance of 306.16 feet to the beginning of a tangent curve, concave Easterly and having a radius of 144.00 feet;
Thence Northerly along the arc of said tangent curve, through a central Angle of 30°27'53", an arc distance of 76.57 feet;
Thence N 00°02'52''E, a distance of 52.78 feet;
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Thence N 45°06'50''W, a distance of 24.42 feet to a point of intersection with said Southerly right-of-way line of Porth Road;
Thence S 89°57'08"E along said Southerly right -of-way line, a distance of 77.01 feet to the true point of beginning.