HomeMy WebLinkAbout19-20 CC Resolution RESOLUTION NO. 19-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED EXCHANGE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
TEMECULA AND TRI POINTE HOMES, INC. (LOT 87
EASEMENT AND DRAINAGE EASEMENT)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findinss.
A. The City of Temecula ("City") and Tri Pointe Homes ("TPH") wish to exchange
easements on their respective parcels for their mutual benefit in connection with TPH's proposed
Cypress Ridge Development (Tentative Tract Map No. 37021, PA15-1892, PA 15-1893, PA15-
1894, and PA15-1895) and the City's previously constructed drainage improvements pursuant to
CIP Project Number PW99-11SD. The Cypress Ridge Development was approved by the City
Council on September 5, 2017 pursuant to City Council Resolution No. 17-61.
B. The City is the record fee owner of that certain approximate 4,791 square foot(0.11
acres)vacant real property referred to as Lot 87 of Tract Map Number 21067(TTM 21067)located
in the City of Temecula as Riverside County Tax Assessor's Parcel Number 961-450-003 ("Lot
87") pursuant to that certain Corporation Grant Deed recorded on March 3, 1992 as Document
Number 072161 of Official Records of the County of Riverside ("Lot 87 1992 Grant Deed").
Pursuant to the Lot 87 1992 Grant Deed, Kingsway Construction Company conveyed to the City
its interest in Lot 87.
C. Lot 87 was originally identified on Tract Map 21067 for maintenance, repair, re-
construction of drainage improvements, access or other related improvements. It was conveyed to
the City in fee pursuant to the Lot 87 1992 Grant Deed. Several exceptions, including a Park
Agreement recorded on March 3, 1992 as Document Number 72162 of Official Records of the
County of Riverside ("Park Agreement") and an Agreement Regarding Proposed Stream or Lake
Alteration between the State of California Department of Fish and Game and Kingsway
Construction Company recorded on March 3, 1992 as Document Number 72163 of Official
Records of the County of Riverside("Stream Alteration Agreement") are recorded against Lot 87.
Pursuant to said Park Agreement, Kingsway Construction Company agreed to convey to the City
certain parcels, including Lot 87, Lot 88, and Lot 89 of Tract Map 21067, free and clear of liens
and encumbrances and subject to the provisions of the Park Agreement and the Stream Alteration
Agreement. Lots 88 and 89 are improved with the Pala Community Park. Lot 87 was not used for
park and recreation purposes in connection with Lots 88 and 89 because of its small approximate
4,791 square foot irregular size and separation from Lots 88 and 89 by a public street, and it is not
feasible to use Lot 87 for park purposes based on these factors.
D. TPH is the record fee owner of that certain vacant real property located in the City
of Temecula, County of Riverside, State of California, commonly known as 45100 Pechanga
Parkway,Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 961-450-
012-6 and 961-450-013-7 ("TPH Larger Parcel").
E. TPH wishes to acquire from the City a permanent easement for drainage purposes,
including a water quality bio-retention basin, on the City's Lot 87 in connection with TPH's
proposed Cypress Ridge Development. The approximate 4,791 square foot drainage easement on
Lot 87 that TPH wishes to acquire from the City is described more particularly on Exhibit"A-1"
and depicted on Exhibit"A-2"to the Exchange Agreement(referred to below as"Lot 87 Drainage
Easement"). Said use for storm drain purposes is consistent with the original use shown on TTM
21067 for Lot 87 for maintenance, repair, re-construction of drainage improvements, access or
other related improvements.
F. In exchange for, and in consideration for, the Lot 87 Drainage Easement, TPH
desires to convey to the City and the City wishes to acquire from TPH an approximate 6,488 square
foot easement(referred to below as"Easement Parcel")on the TPH Larger Parcel for a public use,
namely storm drain purposes and all uses necessary or convenient thereto. The Easement Parcel
is located on the TPH Larger Parcel at the northeast corner of the intersection of Pechanga Parkway
and Loma Linda Road,and is described more particularly on Exhibit`B-1"and depicted on Exhibit
"B-2"to the Exchange Agreement. Pursuant to the Exchange Agreement,TPH acknowledges that
after Close of Escrow, the City may transfer to the Riverside County Flood Control and Water
Conservation District the City's interest in the Easement Parcel.
G. TPH's predecessor-in-interest,RC Pechanga 20,LP,a Delaware limited partnership
obtained a fair market value appraisal of Lot 87 and the Easement Parcel based on a date of value
of May 9, 2016. The appraisal indicated a fair market value of$26,600 for Lot 87 and $27,400
for the Easement Parcel.
H. The City and TPH wish to exchange easements on their respective parcels for their
mutual benefit. Condition 43 of the Cypress Ridge Development required that the Developer
process the required documents for the exchange of easements contemplated in the Exchange
Agreement. Condition 44 required that the Developer provide a drainage easement on the
Easement Parcel. Accordingly,pursuant to the Exchange Agreement, TPH wishes to acquire the
Lot 87 Drainage Easement on the City's Lot 87 in connection with TPH's proposed Cypress Ridge
Development. The City wishes to acquire the Easement Parcel on the TPH Larger Parcel for a
public use, namely for certain storm drain improvements, and all uses necessary or convenient
thereto previously constructed by the City on said Easement Parcel pursuant to CIP Project
Number PW99-11 SD. No exchange of monies are a part of this Exchange Agreement because the
fair market value estimates are similar and the exchange is of mutual benefit to the parties. The
Exchange Agreement constitutes an all-inclusive settlement and payment of just compensation for
the City's acquisition of the Easement Parcel and Tri Pointe Homes acquisition of the lot 87
Drainage Easement.
Section 2. Approval of Exchange Agreement. The City Council of the City of
Temecula approves that certain agreement entitled Exchange and Joint Escrow Instructions
Between the City of Temecula and Tri Point Homes, Inc. (Lot 87 Easement and Drainage
Easement) ("Exchange Agreement"), with such changes in the Exchange Agreement as may be
mutually agreed upon between the City and Tri Pointe Homes, Inc. as are in substantial
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conformance with the form of Exchange Agreement on file in the office of the City Clerk. The
Mayor is hereby authorized to execute the Exchange Agreement on behalf of the City. A copy of
the final Exchange Agreement, when executed by the Mayor, will be placed on file in the office
of the City Clerk.
Section 3. City Manager's Authority. The City Manager(or his designee),is hereby
authorized, on behalf of the City, to take all actions necessary and convenient to carry out and
implement the Exchange Agreement, and to administer the City's obligations,responsibilities and
duties to be performed under the Exchange Agreement, including but not limited to, approval and
execution on behalf of the City of the Grant of Drainage Easement, Grant of Permanent Easement
and other similar agreements and documents as contemplated by or described in the Exchange
Agreement or as necessary and convenient to implement the Exchange Agreement and to
effectuate the grant of the Subject Easements contemplated therein, including but not limited to
escrow instructions and related documents to effect the transfer of the Subject Easements
contemplated by the Exchange Agreement.
Section 4. Environmental Review. The environmental effects for the exchange of the
real property interests contemplated in the Exchange Agreement were studied as an integral part
of the environmental review for the Cypress Ridge Development, which was approved on
September 5,2017 pursuant to City Council Resolution No. 17-61. The findings made by the City
Council at its meeting on September 5, 2017 in approving City Council Resolution No. 17-59, A
Resolution of the City Council of Temecula 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 Cypress Ridge Project, Consisting of Approximately 22.73 Acres, Generally Located on the
Northwest Corner of Pechanga Parkway and Loma Linda Road are the appropriate findings for the
exchange of the permanent easement on Lot 87 and the Drainage Easement contemplated in the
Exchange Agreement. Condition 43 of the Cypress Ridge Development required that the
Developer process the required documents for the exchange of easements contemplated in the
attached Exchange Agreement. Condition 44 required that the Developer provide a drainage
easement on the Easement Parcel. The findings made by the City Council at its meeting on
September 5, 2017 in approving Resolution No. 17-59 and Resolution No. 17-61 in connection
with the Cypress Ridge Development are the appropriate findings for the exchange of the
permanent easement on Lot 87 and the Drainage Easement. In connection with the attached
Exchange Agreement, City staff reviewed all of the environmental documentation prepared in
connection with Cypress Ridge Development, including, but not limited to Resolution No. 17-59
and the findings set forth therein, Resolution No. 17-61, the Final EIR, Statement of Overriding
Considerations, and the Mitigation Monitoring Report. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Cypress Ridge Development, no substantial
changes have occurred in the circumstances under which the Cypress Ridge Development is
undertaken,and that the City has obtained no new information of substantial importance that would
require further environmental analysis, including the fact that no mitigation measures previously
found not to be feasible would in fact be feasible. These environmental findings are the appropriate
findings with respect to the exchange of the Drainage Easement and the permanent easement on
Lot 87.
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Section 5. 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 9th day of April, 2019.
Michael S. Naggar, Mayor
ATTES •
Randi Johl, City Clerk
[SEAL]
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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. 19-20 was duly and regularly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 9th day of April, 2019,by the following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Rahn, Schwank, Stewart,
Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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