Loading...
HomeMy WebLinkAbout2025-73 CC Resolution RESOLUTION NO. 2025-73 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR THE CONSTRUCTION OF PUBLIC STREET AND RELATED IMPROVEMENTS, AND ALL USES NECESSARY OR CONVENIENT THERETO IN CONNECTION WITH THE VINCENT MORAGA IMPROVEMENTS (CERTAIN PROPERTY INTERESTS ON APN 921-281-011) AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula("City") is a municipal corporation, located in the County of Riverside, State of California. B. On January 9, 2018, the City adopted Ordinance No. 18-01 approving the Altair Specific Plan#15 and Ordinance No. 18-02 approving and authorizing the execution of that certain Development Agreement between the City and Temecula West Village, LLC recorded on January 30, 2018 as Document No. 2008-0036259 in the Official Records of the County of Riverside ("Development Agreement"). The approval of the Altair Specific Plan and Development Agreement authorized development within a 270 -acre area in the southwesterly portion of Temecula, west of Old Town, to include up to 1,750 residential units, an elementary school, up to 7,000 square feet of neighborhood commercial area, a clubhouse, civic site, parks, trails, hillside preservation, and off-site improvements for public infrastructure, including constructing portions of the Western Bypass Corridor connecting the Temecula Parkway (SR-79)to Rancho California Road via Vincent Moraga Drive (collectively, "Development Approvals" and "Altair Project"). SB Altair,LLC,a Delaware limited liability company and Brookfield Temecula,LLC,a Delaware limited liability company (collectively, the Developer") are the successors to certain of these approved applications for development and propose to construct the Altair Project. C. To facilitate the orderly development of the Altair Project, the Development Agreement was approved subject to certain conditions, including the construction of certain off- site public improvements. Specifically, Conditions 171, 172, 204 through 207, 211, and 212 of the Final Conditions of Approval require the Developer to design and construct certain 111 improvements to portions of Vincent Moraga Drive, Rancho California Road, and portions of the Western Bypass Corridor("Vincent Moraga Improvements" or"Project"): Description of Public Improvements. Complete engineering design and construct full Vincent Moraga Improvements. Condition 171. Developer, at its sole cost, shall design and improve Vincent Moraga Road to ensure that all driveways providing access from the right-of-way to adjoining properties shall be allowed for safe ingress and/or egress. Improvements may include,but not be limited to,truck deceleration, acceleration, and turn-in lanes. The improvements shall conform to the standards adopted by the City of Temecula for public roadway and rights of way consistent with the Specific Plan and the Tentative Tract Map. Condition 172. Developer, at its sole cost, shall fund the acquisition and installation of traffic signals and related roadway and right of way improvements, when warranted. The design and installation shall conform to the standards adopted by the City of Temecula, consistent with the Specific Plan and the Tentative Tract Map. Condition 204. Acquisition of right-of-way on the east side of Vincent Moraga between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor northbound right turn lane improvements within this road segment. Condition 205. Acquisition of right-of-way on the south side of Rancho California Road between Vincent Moraga Drive and the Murrieta Creek Bridge and construction of all intersection improvements within this road segment including an additional westbound left turn lane on Rancho California Road to Vincent Moraga Drive. Condition 206. Traffic signal and utility relocation where needed and construction of the ultimate build-out of the Rancho California Road, Diaz Road and Vincent Moraga Drive intersection. Condition 207. Construction of the designed onsite Western Bypass Corridor Phase 1 improvements from the project's northern property line to the future Altair Vista intersection. Condition 211. Acquisition of right-of-way on the west side of Vincent Moraga Drive between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor improvements within this road segment. Condition 212. Acquisition of right-of-way on the east side and west side of Vincent Moraga Drive between Felix Valdez and Ridge Park Drive and construction of the designed Western Bypass Corridor improvements within this road segment. 2 D. The Project will construct certain public street and related improvements in connection with the Vincent Moraga Improvements that are required as part of the Altair Specific Plan development. Specifically, the Altair Development was required to construct certain public street and related improvements in connection with the Western Bypass Corridor improvements designed for the subject portion of Rancho California Road and Vincent Moraga Drive, including widening of Vincent Moraga Drive, relocation and installation of traffic signals and related right- of-way improvements,construction of sidewalk,curb and gutter,and related improvements,utility relocation, relocation of the adding Double Check Detector Assembly (DCDA) facility on the property that is the subject of this Resolution, and driveway reconstruction to provide ingress and egress to the new Vincent Moraga Drive improvements. E. The Project(as described further in Section 5 below)requires the acquisition of an approximate 5,572 square foot permanent easement, an approximate 75 square foot permanent water easement, and an approximate 3,757 square foot temporary construction easement with a term of eighteen months on the real property located at 28481 Rancho California Road,Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-281-011 described more particularly at Section 3 below. F. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on offsite property not owned or controlled by a developer, and the developer cannot obtain title by negotiated acquisition, a city is required to acquire the off-site property by negotiated acquisition or commence proceedings to acquire the off-site property by eminent domain or such off-site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off-site property. The City and the Developer of the Altair Project entered into that certain Agreement Pursuant to Government Code Section 66462.5 Between SB Altair, LLC and Brookfield Temecula, LLC and City of Temecula for Acquisition of Certain Real Property Interests (Rancho California Road and Vincent Moraga Improvements) entered into as of February 13, 2024 in connection with the subject offsite public improvements. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2025-73, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof for the Construction of Public Street and Related Improvements,and all Uses Necessary or Convenient Thereto in Connection with the Vincent Moraga Improvements(Certain Property Interests on APN 921-281-011) and Making Findings that No Further Environmental Review is Required Pursuant to Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Code. A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of an approximate 5,572 square foot permanent easement, an approximate 75 square foot permanent water easement, and an approximate 3,757 square foot temporary construction easement with a term of eighteen months described more particularly in Section 3 below for public use, namely for the construction of certain off-site public improvements, consisting of public street and related improvements, and all uses necessary or convenient thereto in connection with the Vincent Moraga Improvements pursuant to the authority conferred on the 3 City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, 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 other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7(commencing with Section 1230.010)of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." Section 3. Subject Property Interests. The City hereby authorizes the acquisition by eminent domain of the following property interests (referred to below collectively as the "Subject Property Interests")on the real property located at 28481 Rancho California Road,Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-281-011 for public use,namely for the construction of certain public improvements, consisting of public street and related improvements,and all uses necessary or convenient thereto in connection with the Vincent Moraga Improvements: • An approximate 5,572 square foot permanent easement described more particularly on EXHIBIT A and depicted on EXHIBIT B attached hereto and incorporated herein by this reference. • An approximate 75 square foot permanent water easement described more particularly on EXHIBIT A-1 and depicted on EXHIBIT B-1 attached hereto and incorporated herein by this reference. • An approximate 3,757 square foot temporary construction easement with a term of eighteen months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 attached hereto and incorporated herein by this reference. Section 4. Environmental Review. A. The environmental effects of the Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Impact Report for the Altair Specific Plan ("EIR") pursuant to the California Environmental Quality Act("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On December 12,2017,the City Council adopted Resolution 17-86, A Resolution of the City Council of the City of Temecula 4 Certifying the Final Environmental Impact Report, Adopting Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Altair Project, Consisting of approximately 270 Acres,Generally Located South and West of the Intersection of Ridge Park Drive and Vincent Moraga; West of Pujol Street and Murrieta Creek;and North of Santa Margarita River(APNs 922- 210-049,940-310-013,940-310-015,940-310-016,940-310-044 through 9440-310-048,and 940- 320-001 through 940-320-007). On October 26,2020,the City entered into that certain Settlement and Release Agreement, by and between the City of Temecula and the City of Temecula City Council; Ambient Communities, LLC and Temecula West Village, LLC; Center for Biological Diversity, Sierra Club, Mountain Lion Foundation, and The Cougar Connection; and Endangered Habitats League by which the parties agreed to additional and modified measures to be taken and implemented by the City and the Developer to further minimize and mitigate the environmental impacts of the Altair Project. Said agreement and the above-referenced environmental documents are referred to below collectively as the "Environmental Documents" and are incorporated herein by this reference. B. On October 9, 2025, City Staff reviewed the Environmental Documents in connection with Staff's review of the proposed acquisition of the Subject Property Interests for the Project. Based on their review of the Environmental Documents, City Staff determined that the Project and acquisition of the Subject Property Interests needed for the Project are consistent with the EIR. Pursuant to the criteria of Section 15162 of the CEQA Guidelines, City Staff concluded that no substantial changes have occurred in the Development Project,no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. Section 5. The Project,as planned and designed, is in the public interest and necessity and is needed to construct certain off-site public street and related improvements in connection with the Vincent Moraga Improvements, which are required as part of the Altair Project. Pursuant to the Altair Specific Plan and Development Agreement, the Altair Project includes the design and construction of a portion of the Western Bypass Corridor project connecting the Temecula Parkway (SR-79) to Rancho California Road via Vincent Moraga Drive. The Vincent Moraga Improvements are required and include, as specified in the Final Conditions of Development, the design and construction of certain off-site improvements to portions of Vincent Moraga Drive and Rancho California Road to facilitate the Western Bypass Corridor improvements, which are to be completed as part of the Altair Project. The Project requires the Subject Property Interests for the construction of public street and related improvements necessary to complete the Western Bypass Corridor improvements designed for the related portions of Rancho California Road and Vincent Moraga Drive, including widening Vincent Moraga Drive, relocation and installation of traffic signals and related right-of-way improvements, additional turn lanes at the intersection of Vincent Moraga Drive and Rancho California Road, construction of sidewalk, curb and gutter, and related improvements, utility relocation, relocation of a adding Double Check Detector Assembly (DCDA) facility, and driveway reconstruction that will provide ingress and egress from the Property to the new Vincent Moraga Drive improvements. 5 A. The Project, as planned and located, is consistent with Circulation Element of the City of Temecula General Plan, which identifies the Western Bypass Corridor from SR-79 South to French Valley Parkway as a designated project in the City's Five Year Capital Improvement Program. The Project, as planned and located, is also consistent with Goal 2 of the Circulation Element of the City of Temecula General Plan,which is to create a"regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." The Project's public street improvements are necessary to the completion of the Western Bypass Corridor connection to Rancho California Road via Vincent Moraga Drive,which once completed will ease traffic congestion,increase circulation,and result in less vehicle through- traffic in Old Town and will facilitate a more pedestrian-friendly environment. B. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project, as planned and designed, seeks to minimize the impact on private parcels. The construction of the Project will not result in any adverse changes to the current use of the Property and will not require the relocation of any persons or businesses. C. The Subject Property Interests are necessary for the Project. The Subject Property Interests are required to construct the necessary public street and related improvements in connection with the Vincent Moraga Improvements, and they are necessary to complete the Western Bypass Corridor improvements designed for the related portions of Rancho California Road and Vincent Moraga Drive. The Project cannot be constructed without the acquisition of the Subject Property Interests. Based on the timing of the Project,it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests to proceed with the construction of the public street and related improvements for the Project. D. The public use for which the City seeks to acquire the Subject Property Interests in connection with the Project, namely for public street and related improvements, and all uses necessary or convenient thereto in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the areas (Code of Civil Procedure Section 1240.510). 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 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 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and the Property. The City set just compensation for the Subject Property Interests in accordance with the fair market values. On May 28, 2025,the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, The GGG Partnership, LP. The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property 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 6 appraisal pursuant to Code of Civil Procedure Section 1263.025. Further,the offer letter included an eminent domain pamphlet that explained the eminent domain process and the rights of the record owner. A copy of the City's written offer was sent to Michael H. Leifer, Esq., counsel for The GGG Partnership, LP at the time the offer was sent. City Staff attempted to meet with the record owner on several occasions to discuss the City's offer and negotiate in good faith with the owner for the acquisition of the Subject Property Interests. The owner did not make itself available to City Staff for a meeting. The City Attorney's office attempted to make contact with the owner's counsel to discuss the City's May 28,2025 written offer and received no response. In late summer 2025, City Staff was notified that the owner initiated negotiations with the Developer for the acquisition of the Subject Property Interests and that the owner is no longer represented by Mr. Leifer. The parties have not reached a negotiated agreement for the City's acquisition of the Subject Property Interests at this time. Section 7. 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 certified and first- class mail dated October 1, 2025 to The GGG Partnership, LP,the owner of record of the Subject Property Interests. The letter and notice informed the owner of the City's intent to consider at its October 28,2025 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 owner of its right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (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 owner that it has 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 the 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 owner of record are necessary for the Project. Section 8. 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 the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of the approximate 5,572 square foot permanent easement described more particularly on EXHIBIT A and depicted on EXHIBIT B hereto, the approximate 75 square foot permanent water easement described more particularly on EXHIBIT A-1 and depicted on EXHIBIT B-1 hereto, and the approximate 3,757 square foot temporary construction easement with a term of eighteen months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 hereto are necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. 7 Section 9. 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 and testimony and/or comments submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the documents relating to the Altair Project Development, offer letter sent to the owner pursuant to Government Code Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and Environmental Documents relating to the Altair Project. Section 10. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 5,572 square foot permanent easement described more particularly on EXHIBIT A and depicted on EXHIBIT B hereto,the approximate 75 square foot permanent water easement described more particularly on EXHIBIT A-1 and depicted on EXHIBIT B-1 hereto, and the approximate 3,757 square foot temporary construction easement with a term of eighteen months described more particularly on EXHIBIT A-2 and depicted on EXHIBIT B-2 hereto. Section 11. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 12. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of October, 2025. Brenden Kalfus, Mayor ATTEST: . wo Randi Jo' , i Clerk [SEAL] 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2025-73 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of October, 2025, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Kalfus, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk I I EXHIBIT A EXHIBIT A - LEGAL DESCRIPTION PERMANENT STREET EASEMENT A PORTION OF PARCEL 20 OF PARCEL MAP 12549 RANCHO CALIFORNIA ROAD AND VINCENT MORAGA DRIVE BEING A PORTION OF PARCEL 20 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 20; THENCE ALONG THE NORTHERLY AND EASTERLY LINES THEREOF NORTH 83°03'16" EAST (NORTH 83°03'53" EAST PER SAID PARCEL MAP 12549), 147.00 FEET; THENCE SOUTH 55°25'54" EAST, 34.44 FEET; THENCE SOUTH 06°55'41" EAST, 217.13 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE THEREOF SOUTH 83°04'19" WEST, 19.00 FEET TO A LINE LYING 19.00 FEET WESTERLY OF AND PARALLEL WITH SAID EASTERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID PARALLEL LINE NORTH 06°55'41" WEST, 206.16 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 51°56'13" WEST, 39.31 FEET TO A LINE LYING 6.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 83°03'16" WEST, 126.00 FEET TO THE WESTERLY LINE OF SAID PARCEL 20; THENCE LEAVING SAID PARALLEL LINE ALONG SAID WESTERLY LINE NORTH 06°55'41" WEST, 6.00 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 5,572 SQUARE FEET (0.128 ACRES), MORE OR LESS. c,: L.AND SCR *n L.S. 8483 � /I-3 - ZD23 J MY J. ELMORE P.L.S. 8483 ti HUNSAKER &ASSOCIATES SAN DIEGO, INC. OF PAGE 1 OF 1 M:\2591\15\Legal Descriptions\A06 PCL 20 ROW THE GGG PARTNERSHIP.docx EXHIBIT B EXHIBIT B - MAP SHEET 1 OF 2 PERMANENT STREET EASEMENT VICINITY MAP \\ NOT TO SCALE 0 0.9\ SITE FORMA RANCHO OLD 1 RIDGE PARK TOWN DRIVE A FELIX AVE LDEZ 'i 1ECUM VINCENT MORAGA DRIVE LEGEND IiAAREA OF DEDICATION AREA=5,572GHT SQ.OF FT.WAY(O.128 ACRES), MORE OR LESS. UTILITY EASEMENT RESERVED BY KACOR REALTY, INC., PER INST. NO. 25891 A REC. 2/7/1980, O.R. / 1 MAINTENANCE EASEMENT PER INST. NO. 83463 REC. 4/23/1984, O.R. EASEMENT FOR VEHICULAR INGRESS AND EGRESS TO KACOR DEVELOPMENT COMPANY PER INST. NO. 192542 REC. 9/21/1983, O.R. EASEMENT FOR ACCESS PURPOSES TO TWO GUYS PARTNERS PER INST. NO. 213573 REC. 9/23/1985, O.R. EASEMENT FOR UTILITY PURPOSES TO SOUTHERN CALIFORNIA EDISON COMPANY PER INST. NO. 34689 REC. 2/13/1986, O.R. P.O.B. POINT OF BEGINNING INDICATES RECORD INFORMATION PER PM 12549 THE LOCATIONS OF THE FOLLOWING EASEMENTS CANNOT BE DETERMINED FROM RECORD INFORMATION AND ARE NOT PLOTTED HEREON: EASEMENT FOR TELEPHONE POLES, ANCHORS, AND INCIDENTAL PURPOSES TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY REC. 9/21/1 91 7 IN BOOK 470 OF DEEDS, PAGE 14. EASEMENT FOR CONSTRUCTION AND MAINTENANCE RESERVED BY KACOR DEVELOPMENT COMPANY PER INST. NO. 192541 REC. 9/21/1983, O.R. BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE �Q IAND SU SYSTEM (CCS83), ZONE 6, (EPOCH 201O.0000), BASED LOCALLY ON �'' y • 4 ELF N.G.S. CORS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE *� ^ia COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE -4 •>" � COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 * L.S. 8483 * /iLk_ &H UA NSSSO A T E S SAN DIEG0, IN C. "%, F CQ2iiz .Wr DATE 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego,CA 92121 R:\1745\&Map\Easements\0ffsite ROW\EX GGG Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 EXHIBIT B EXHIBIT B - MAP SHEET 2 OF 2 PERMANENT STREET EASEMENT ROAD — � CALIFORNIA_ ___ - RANCH_ —PARCEL 12549• 13 PARCEL MAP I _---q ---\--_ .\._ DEDICATED PER I \''r:CnS P.O.B. U w NW COR. NB3°03'53"E) o SS° 0 I z PARCEL 20 ( 147.00 ,i c`S- -13 \`'3 Z "44I �_: 6"E 126.0 m 6.00' •�_°03_1 _____� �_ Sys �, z 73 1---_-_ e 6�`i'� 1� m I m I 1--1 ��� 39' -'Im ro � A I 16 \m7d, IN I i. z t 24'�1 \\ \\ I 15' 1o4 1 _ — i\\\\. 19' A 20' 13' 35C'1 ' a' I \ \1 1 1Z \ \I z;fz al m \ '►\ 20 c' rnl \\ I\ 4.I \0 \ PJ\/1 l 254 9 . \ I �� r I �I e \ \ o �i� �� I \ Cn tv 1\\ `\ E AI 33 --1 d I 1 \ 15' \ \ ' I \ II \� \\ e' $' - 39' I A 52' -4-----.-\ I i —I.==\=Cri \--- N e \' _____ _______ 19'_ I 19.00' I ----------- \ � � I 1 N83 04'19"E 172.80' I i I I I -- _--- 19 I I I \______ I I 1 I 1 L & I t HUNSAKE ASSOCIRATES 0 40 80 120 IIMIIIRMIll �1 SAN DIEGO, INC. SCALE 1" =40' 9707 Waples Street (858)558-4500 San Diego,CA 92121 R:\1745\&Map\Easements\Offsite ROW\EX GGG Acquisition Exhibit SHT 02.dwg w.o. 2591-0015 EXHIBIT A-1 EXHIBIT A LEGAL DESCRIPTION WATER EASEMENT BEING A PORTION OF PARCEL 20 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 20; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 83°04'19" WEST, 19.01 FEET PARALLEL TO A LINE LYING 19.01 FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID PARCEL 20; THENCE LEAVING SAID SOUTHERLY LINE ALONG SAID PARALLEL LINE NORTH 06°55'41" WEST, 44.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE SOUTH 83°04'19" WEST, 6.00 FEET; THENCE NORTH 06°55'41" WEST, 12.50 FEET; THENCE NORTH 83°04'19" EAST, 6.00 FEET TO A POINT IN SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 06°55'41" EAST, 12.50 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 75 SQUARE FEET(0.002 ACRES), MORE OR LESS. tO LAND SCR 6"4.0 CM°Goo ON 13 5-23 -202¢ t• L.S. 8483 JIMMY J. ELMORE P.L.S. 8483 15, HUNSAKER&ASSOCIATES SAN DIEGO, INC. °F CALZ PAGE 1 OF 1 M:\2591\15\Legal Descriptions\Offsite Water\GGG\A01 GGG Offsite RCWD Water Esmt.docx EXHIBIT B-1 EXHIBIT B VICINITY MAP \\ I NOT TO SCALE de* _ p CALIFpRNIA RD N �o ` R CH __ g �oPo � i � -- r l I SITE 0. foRNIA TOWN l �� \ FELIX I RANCHO t: TEMECULA \ IV ALD E Z \ RIDGE PARK \ \ 1- _s y SAVE__ _ -- DRIVE FELIX \-- Al �VINCENT MORAGA A►LDEZ • --, SEE DETAIL 0• — __DRIVE ,. V ►CI r— 4 s> I 19 ›- \ LEGEND I I, r///A AREA OF EASEMENT \ P�v� f �/ll = 75 SQ. FT, MORE OR LESS —�r i�2" ' Cj //�� UTILITY EASEMENT RESERVED BY KACOR REALITY, ���� r /A� INC., PER INST. NO. 25891 REC. 2/7/1980, O.R.EASEMENT I PP—AA RJ J a=� \�� /I /\\ PARTNERS PER INST.ACCESS PURPOSES 213573 S R 0 TWO GUYS 1 1 B 9/23/1985, O.R. 0 200 400 600 A TO KACOR CO192 2 VR ELO OME T 9/21/10EMENT FOR VEHICULAR OMPANY PER INST.SS _ _ NIIIIIIIII GALE 1" =200' r DETAIL 1 T — I � / � ~" I I 201 z 1 \ I LEGEND (CONT'D) N83°04 6 00' I \ 2.til I\I P.O.C. POINT OF COMMENCEMENT N06°55'41'W T.P.O.B°TRUE POINT OF BEGINNING I012.50'06°55'41"o,��; T.P.0.8. p I BASIS OF BEARING 12.50 ==_, BEARINGS ARE BASED ON THE CALIFORNIA STATE rn e I PLANE COORDINATE SYSTEM (CCS83), ZONE 6, ° 1 (EPOCH 2010.0000), BASED LOCALLY ON N.G.S. N83 04'19_E=--_ .A P.O.C. CORS STATIONS "BILL" AND "P474" DISTANCES .00' \ ( DERIVED FROM THE COORDINATE SYSTEM HEREIN �— \4,15,E AREGROUNDDISTANCESASTHECOORDINATES_-- e HAVEBEENSCALEDTOGROUNDVALUES.I ' N83°0 ° \ I COMBINED SCALE FACTOR ISO 0.9999059859 l 9 i 19:01 I I 0 50 100 150 �,� LAND SOR L SCALE 1" =50' �`�1.11116 ���� F�Mo Goo L.S.8483 HUNSAKER kr>, tiT &ASSOCIATES _____ _ _ 9- "_S-23-2oZ4 -9TF lc) S A N D I E G 0, INC. JIM Y J. ELMORE DATE OF CALL 9707 Waples Street (858)558-4500 P.L.S. NO. 8483 San Diego,CA 92121 R:\1745\&Map\Easements\Offsite Water\GGG\EP GGG Offsite RCWD —1. SHT 01.dwg w.o. 2591-0015 EXHIBIT A-2 EXHIBIT A - LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASMENT A PORTION OF PARCEL 20 OF PARCEL MAP 12549 BEING A PORTION OF PARCEL 20 OF PARCEL MAP 12549, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 74, PAGES 84 THROUGH 89, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 20 TO A POINT LYING 6.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 20, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 83°03'16" EAST, 126.00 FEET; THENCE SOUTH 51°56'13" EAST, 39.31 FEET; THENCE SOUTH 06°55'41" EAST, 206.16 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 20; THENCE ALONG SAID SOUTHERLY LINE SOUTH 83°04'19" WEST, 27.50 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 06°55'41" WEST, 68.00 FEET TO A LINE LYING 68.00 FEET NORTHERLY AND PARALLEL WITH SAID SOUTHERLY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 83°04'19" EAST, 24.83 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 06°55'41" WEST, 115.84 FEET; THENCE NORTH 51°56'13" WEST, 63.09 FEET; THENCE SOUTH 83°09'10" WEST, 12.30 FEET; THENCE SOUTH 83°13'45" WEST, 30.70 FEET; THENCE SOUTH 82°47'49" WEST, 29.19 FEET; THENCE SOUTH 82°22'45" WEST, 34.31 FEET TO THE WESTERLY LINE OF SAID PARCEL 20; THENCE ALONG SAID WESTERLY LINE NORTH 06°55'41" WEST, 5.92 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 2 M:\2591\15\Legal Descriptions\Private TCE\A06 PCL 20 TCE THE GGG PARTNERSHIP.docx I THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,757 SQUARE FEET (0.086 ACRES), MORE OR LESS. v LAND� SCR ) 1 -- 5 - ZoZ3 * L.S. 8483 JIMMY J. ELMORE P.L.S. 8483 HUNSAKER &ASSOCIATES SAN DIEGO, INC. tPy ~T T� OF CA\-ZG� I I PAGE 2 OF 2 M:\2591\15\Legal Descriptions\Private TCE\A06 PCL 20 TCE THE GGG PARTNERSHIP.docx EXHIBIT B-2 EXHIBIT B - MAP SHEET 1 OF 2 TEMPORARY CONSTRUCTION EASEMENT VICINITY MAP \\ NOT TO SCALE U 11116 NI cLoP SITE cot' RANCHO IL RIDGE PARK OLD DRIVE FELIX TOWN VINCENT MORAGA ULA VE A MEC 2C DRIVE 5 Gvoes �� LEGEND 1/ /1 AREA OF TEMPORARY CONSTRUCTION EASEMENT 1 // AREA = 3,757 SQ. FT. (0.086 ACRES), MORE OR LESS. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING BASIS OF BEARINGS BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM (CCS83), ZONE 6, (EPOCH 201O.0000), BASED LOCALLY ON N.G.S. COBS STATIONS "BILL" AND "P474" DISTANCES DERIVED FROM THE COORDINATE SYSTEM HEREIN ARE GROUND DISTANCES, AS THE COORDINATES HAVE BEEN SCALED TO GROUND VALUES. COMBINED SCALE FACTOR IS 0.9999059859 ro LAND SCR ����� 3. F<Mo Goa 13 L.S. 8483 s� ��Q HUNSAKER - --- -- t`--ZOZ3-- 9TF °F cALz �� &ASSOCIATES JI MY J. ELMORE DATE S AN D I E G O, INC. P.L.S. NO. 8483 9707 Waples Street (858)558-4500 San Diego,CA 92121 R:\1745\&Map\Easements\Private TCE\EX GGG Acquisition Exhibit SHT 01.dwg w.o. 2591-0015 EXHIBIT B-2 EXHIBIT B - MAP SHEET 2 OF 2 SHEETS TEMPORARY CONSTRUCTION EASEMENT DEDICATED PER PARCEL MAP 12549. ROAD NCHO CALIFORN_ _ -- - RA _-- T\ \--17- _ __-g- I 4't Pi P.O.C. \ \ NW COR. I PARCEL 20 6 //.00��Ms, ems I '°TP.Q•BN8•3°N0833' S�'°063''1�"E �''' � ' �i���5.92' d/ mporr — 126.10407 S1 z z S6Iz0o zoo.a co oa wwo �j."*' . 19 I NNN -II T.:, �o (5.' as), 4 I m n-' ni Pi w I 0 1 1 - co na o o ' 13 22I C c,a o N �~ \ \ az 1 'Atli I �r,i g, i 1 z \ -a„"3 �I Z pz I X �C.A\ 20 liN D PM l 549 �1�� 1 m70 IZ�I boll— r►� I A'aI I 2.67' ' ��yll D�{^1 N ' \ \ h� w ' m Vi m �I ' Z—+ 33 --1 �d I 24.83' ' I 1 `zI N83°04'197E '�� 80' I �I `� I go 47' I % WM 52' T— LI ' I 90 i I27.50' . q—----------N8.04'197E 172.80 \ \\_______ I EA,A. I HUNSAKER 0 40 80 120 t &ASSOCIATES mi. \ SAN DIEGO, INC. SCALE 1" =40' 9707 Waples Street (858)558-4500 San Diego,CA 92121 R:\1745\&Map\Easements\Private TCE\EX GGG Acquisition Exhibit SHT 02.dwg w.o. 2591-0015