HomeMy WebLinkAbout05-065 CC Resolution
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RESOLUTION NO. 05-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOllOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. Helga Berger proposes to sell the real property located at 41950 Main
Street in the City of Temecula to the City of Temecula.
B. The City Council has duly considered all terms and conditions of the
proposed "Purchase and Sale Agreement and Escrow Instructions" for the sale of the
Property and believes that the Agreements are in the best interests of the City and the
health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable State and local law requirements.
C. The proposed purchase of property as set forth in the Agreement is: (1)
consistent with the applicable General Plan designation and all applicable General Plan
Policies as well as with applicable zoning designation and regulations; (2) the site is with
in the city limits of the City of Temecula of less than five acres substantially surrounded
by urban uses; (3) the site has no value as habitat for endangered, rare, or threatened
species; (4) approval of the purchase of the site would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the site can be
adequately served by all required utilities and public services. Therefore, the proposed
purchase is an "in-fill project" and is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14
of the California Code of Regulations). Additionally any development of the site by the
City of Temecula will require further study and environmental review. The City Manager
is directed to file a Notice of Exemption of this action as required by CEQA and the
CEQA Guidelines.
Section 2. The City Council of the City of Temecula hereby approves that certain
agreement entitled "Purchase and Sale Agreement and Escrow Instructions" by and between
the City of Temecula and Helga Berger with such changes in such document as may be
mutually agreed upon by the Seller and the City Manager as is in substantial conformance with
the form of such Agreement which is on file in the Office of the City Clerk. The Mayor is hereby
authorized to execute the Agreement, including related exhibits and attachments on behalf of
the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in
the Office of the City Clerk.
Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the
Agency, to take all actions necessary and appropriate to carry out and implement the
Agreement and to administer the City's obligations, responsibilities and duties to be performed
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under the Agreement and related documents, including but not limited to the escrow instructions
and amendments, acceptances of deeds, , certificates of completion and such other
implementing agreements and documents as contemplated or described in the Agreement.
Section 4. 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 June, 2005.
AT~EST:
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[SEAL]
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
Resolution No. 05-q5 was duly and regularly ado~ted by the City Council of the City of
Temecula at a regular meeting thereof held on the 28 day of June, 2005 by the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
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Susan W. Jone ,CMC
. Clerk
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