Temecula council adopts resolution of necessity to secure easement for Yanez Road widening

The Temecula City Council on March 24 adopted a resolution of necessity authorizing acquisition steps under eminent-domain law to secure a permanent access and maintenance easement needed for Yanez Road widening (Phase 1, PW23-02).

Staff framing: Public Works staff said the city needs the easement — roughly 54,235 square feet across multiple parcels — to build a retaining wall and raise the roadway cross-section so the widening can proceed. City staff emphasized that the city is not seeking to take fee simple ownership of the properties; rather, it is seeking a permanent access and maintenance easement required to build and to maintain the improvements.

"We are not taking any land in fee," a staff presentation explained. "What is being taken is the permanent access and maintenance easement." The council was told the project design is 100% complete, funding from state and federal sources is available, and time is a factor if the city is to use the awarded funds.

Council comments: Council members questioned whether staff had exhausted negotiation options. One council member noted the paradox that the improvement will raise the underlying property's development value. "It's shocking to me that we're having to go through this strictly to improve their property," said a council member during deliberations.

Outcome and next steps: The council voted 5-0 to adopt the resolution of necessity. Staff said adoption does not foreclose continuing negotiations with property owners; if an agreement is reached, the eminent-domain action can be rescinded. If not, the resolution authorizes the city to pursue acquiring the easement to keep the project on schedule and use allocated funds.

The city will proceed with right-of-way acquisition steps, continue outreach to owners, and return to council as needed on negotiations and any construction procurement.