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HomeMy WebLinkAbout10-052 CC Resolution RESOLUTION NO. 10 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/ INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. Findings. A. The City of Temecula, the City of Murrieta and the California Department of Transportation ( "Caltrans ") have been working cooperatively on the proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project "). The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the 1- 15/1 -215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor (C /D) system parallel to I- 15 between the 1 -15/1 -215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to 1 -15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. B. Caltrans, authorized the City to acquire the necessary real property interests from the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "subject property ") pursuant to Caltrans' early acquisition policy. C. On July 8, 2009, the City extended a written offer to the property owner, Basics Etc. Corporation to purchase the subject property for the sum of $2,335,000.00, which is the fair market value of the property based on an appraisal prepared by the City's independent appraiser that used a date of value of October 9, R: /Resos 2010 /Resos 10 -52 1 2008. The property owner accepted the City's offer. The purchase price of $2,335,000.00 is for the fee interest in the subject property. D. At its meeting of February 23, 2010, the City Council adopted Resolution No. 10 -14, A Resolution of the City Council 'of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/ Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 and Approving the Project. In adopting Resolution No. 10 -14, the City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 2. Approval of Purchase and Sale Agreement The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Basics Etc. Corporation in connection with the French Valley Parkway /Interstate -15 Improvements Project — Project Numbers PW02 -11 and PW07 -04 ", with such changes in the Agreement as may be mutually agreed upon by Basics Etc. Corporation and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, 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. This approval of the Agreement is not an announcement of the City's intent to acquire any other real property interest for the proposed Project and does not commit the City to acquire any other real property interest for the proposed Project. 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 Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. The City Manager (or his designee) is also hereby authorized on behalf of the City to execute the Lease Between the City of Temecula and Basics Etc. Corporation in connection with the French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04, with such changes in the Lease as may be mutually agreed up on by Basics Etc. Corporation and the City Manager, as are in substantial conformance with the form of the Lease attached as Exhibit "C" to the Agreement. 4. Environmental Analysis The environmental effects of the acquisition of the subject property were studied as an integral part of the Mitigated Negative Declaration adopted for the proposed Project. The findings made by the City Council at R: /Resos 2010 /Resos 10 -52 2 its meeting of February 23, 2010 in adopting the Mitigated Negative Declaration are the appropriate findings for the acquisition of the subject property. 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 22 day of June, 2010. Jeff Comerchero, Mayor ATTEST: W Susan W Jone , 7MMC ity Cler [SEAL] R: /Resos 2010 /Resos 10 -52 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10 -52 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22 day of June, 2010, by the following vote: AYES: 3 COUNCIL MEMBERS: Naggar, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 2 COUNCIL MEMBERS: Edwards, Roberts Susan . Jones, MMC City Clerk R: /Resos 2010 /Resos10 -52 4