TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: James Ozouf, Senior Civil Engineer, CIP
SUBJECT:
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Resolution of Necessity for Secondary Emergency Access
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RECOMMENDATION
recommendation
Conduct a Hearing; and
Adopt Resolution No. 25-4883 by at least a four-fifths vote for acquisition by Eminent Domain of certain real property entitled: 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.
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PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
DISCUSSION
Various vacant properties within the vicinity of Juniper Street and Berlie Street cannot be developed due to the lack of secondary access, as required by State law. At present, these properties, as well as the neighborhood directly to the east, have only a single access to Hancock Avenue via Milkwood Lane. The Fire Code requires many of these properties to have secondary access should the primary access become compromised during an emergency.
Staff has determined that an easement across the property located at 24712 Via Silva, legally described as Assessor’s Parcel Number 949-130-050, will provide the necessary secondary access by connecting Berlie Street to Heirloom Court/Via Silva. The easement will continue to allow pedestrian access along the existing path. The total area of the proposed easement is approximately 2,060 square feet.
Once the easement area is acquired, a secondary access driveway (Project) will be constructed between Berlie Street and Heirloom Court/Via Silva. The Project will consist of constructing a 22-foot-wide asphalt driveway within the proposed 30-foot-wide easement. Locked, emergency-access gates will be installed at both ends of the driveway, prohibiting daily use by motorists. The gates will be separated and set four (4) feet apart to allow pedestrians to freely pass through. If an emergency occurs, public safety crews and local residents will have the ability to open the gates and allow vehicles to pass through. Signs will be posted on both ends, signifying that the driveway is for emergency purposes only.
The Project has been planned in a manner that is most compatible with the greatest public good. Acquiring the easement to create secondary emergency access is in the public interest and necessary.
Prior to the City’s involvement, an owner of a nearby vacant parcel was able to successfully hire a civil engineering firm, draw up preliminary design plans, create a plat and legal along with the corresponding Grant Deed of Easement document between Parvin Khalighi, the owner of 24712 Via Silva, and the City of Murrieta, and submit an Easement Dedication application to the City for the purpose of creating the emergency vehicle and access path through a 30’ wide easement between Heirloom Court and Berlie Street. The City submitted the Grant Deed of Easement to the County for recording in October of 2022, but it was rejected and returned to the City in December of 2022 for correction and resubmission due to a minor error relating to the notary. The City contacted Khalighi to rectify the notarization error, but they declined and expressed interest in negotiating new terms and conditions directly with the City in exchange for the easement.
To acquire the necessary easement for this Project, the City issued a Notice of Decision to Appraise to the property owner in February 2025. This was followed by an offer letter to acquire the necessary property based on the appraised value, which was mailed on June 9, 2025. After more than 30 days of negotiations, the City has not been able to come to an agreement with the property owner regarding the terms of the City’s offer. Due to the need to move forward with the Project, staff recommends approval of a Resolution of Necessity, should the City elect to acquire the necessary easement by Eminent Domain. Negotiations are expected to continue to reach a settlement.
A Notice of Hearing regarding the adoption of the Resolution of Necessity to acquire property by Eminent Domain was mailed to the property owner on July 21, 2025.
FISCAL IMPACT
There is no direct fiscal impact to adopting a Resolution of Necessity. Should an eminent domain action be commenced, sufficient funding is available in CIP 8043 to support easement acquisition expenses.
ATTACHMENTS
1. Resolution No. 25-4883
2. Vicinity Map