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HomeMy WebLinkAbout10-076 CC Resolution RESOLUTION NO. 10-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (LOWE TRUST PROPERTY) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. Findinqs. The City Council hereby finds, determines and declares that: A. The Western Riverside County Regional Conservation Authority ("RCA") has entered into that certain agreement dated as of October 5, 2010 entitled "Agreement for Purchase and Sale of Real Property with Escrow Instructions" with John P. Lowe and Shirley G. Lowe, Trustees of the Lowe Family Trust, dated December 26, 2002 ("Purchase Aareement") for the purchase of approximately 4.72 acres of real property located on the east side of Via Horca, in unincorporated Riverside County and butting the City of Temecula, Assessor's Parcel Number 940-140-012 (the "Pro e ") more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. B. RCA will dedicate the Property to open space uses with public trails. C. The Property is located outside of the City boundaries, but within the City's Sphere of Influence. D. Acquisition of the Property and its dedication to open space and trail purposes will provide substantial value to the City of Temecula. The Property is a prominent natural feature dominating the western viewscape for the City in the areas known as the "Escarpment." Use of the Property for these purposes the fulfills goals and policies of the Open Space/Conservation Element of the General Plan for the City of Temecula and particularly the following: Goal 3, conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity; Goal 5, conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features; Policy 5.1, conserve the western escarpment and southern ridgelines, the Santa Margarita River, slopes in Sphere of Influence; and Goal 8, development of a trail system that serves both recreational and transportation needs. R:/Resos 2010/Resos 10-76 1 E. Acquisition of the Property by RCA with the funding from the City and the dedication of the Property to open space and trail purposes is consistent with the City's General Plan and each element thereof. F. The City Council has duly considered all terms and conditions of this Agreement and finds and determines that the Agreement is in the best interests of the City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. 2. Approval of Fundinq Aqreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" (the "Agreement"), with such changes in the Agreement as may be mutually agreed upon by the RCA and 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. 3. Citv Manaqer's Authoritv. 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 the such escrow instructions, escrow agreements, implementing agreements, acceptances, certificates, estoppel letters, implementing agreements and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. 4. Certification. The City Clerk shall certify the adoption of this Resolution. R:/Resos 2010/Resos 10-76 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2010. -� � � � /// � / / L / n , , ,' , Jeff Comerchero, Mayor � , " ', ATTEST: Susan . Jon s, MMC City CI k [S EAL] R:/Resos 2010/Resos 10-76 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. 10-76 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26 day of October, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None � ABSTAIN: 0 COUNCIL MEMBERS: None �(J� Susa W. Jones, MMC City Clerk R:/Resos 2010/Resos 10-76 4 EXHIBIT A . LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: . Lot 10 of.Tract No. 25980 as shown_by map on file in Book 243; Pages 92 through 96, inclusive of Maps; records of Riverside Courity, California Assessor Parcet No. 940-140-012-5 RVPUB\WHS\ l ]8