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HomeMy WebLinkAbout10-080 CC Resolution RESOLUTION NO. 10-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, IN SUBSTANTIALLY THE FORM ATTACHED, THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BORCHARD- TEMECULA, L.P. REGARDING THE REAL PROPERTIES IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 961-440-007, 961-440-008, 961-440- 009, 961-440-012 AND 961-450-014 (CONVEYANCE OF OPEN SPACE LAND) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs. Borchard-Temecula, L.P., a California Limited Partnership is the fee owner of approximately 57.37 acres of vacant land located southeast of Pechanga Parkway and Temecula Parkway, in the City of Temecula, identified as Riverside County Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440-009, 961-440-012, and 961-450-014). Borchard-Temecula recently offered to • sell/donate to the City of Temecula 55.67 acres of the above parcels for $1.00. The 55.67 acres are referred to below collectively as the "Subject Property". A. The Subject Property does not include the approximate 1.7 acre area in fee from the real property identified as Assessor's Parcel Number 961- 450-014 that is the subject of the eminent domain proceeding titled City of Temecu/a v. Borchard-Temecula, et al., which was filed by the City of Temecula on February 17, 2009 as Riverside County Superior Court Case No. RIC 519298 to acquire certain real property interests for conservation purposes, and all uses necessary or convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project PW 99-11 EM). The City and Borchard-Temecula, L.P. agreed that they would resolve the acquisition of the 1.7-acre area in fee from Assessor's Parcel Number 961-450-014 through the eminent domain proceeding. B. The City's acquisition of the Subject Property is in the public interest and necessity because it would maintain the open-space character of the Subject Property. In addition, the City's acquisition of the Property would allow the City to have additional land for environmental/conservation purposes if necessary for future mitigation use by the City on other projects. Section 2. Approval of Purchase and Sale Aqreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale And Donation Agreement and Joint Escrow Instructions Between the City of R:/Resos 2010/Resos 10-80 1 Temecula and Borchard-Temecula, L.P. Regarding the Real Properties Identified as Riverside County Tax Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440- 009, 961-440-012 and 961-450-014 (Conveyance of Open Space Land)" ("Agreement"), with such changes in the Agreement as may be mutually agreed upon by Borchard- Temecula, L.P. 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. The City shall place in the Office of the City Clerk a copy of the final Agreement when executed by the Mayor. Section 3. City Manaqer'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, actions relating to clearing the encumbrances and assessments on the Subject Property, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Section 4. Environmental Analysis. The City has determined that the acquisition of the Subject Property pursuant to the Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to legal authority, including but not limited to Section 15317 of the CEQA Guidelines (14 Cal. Code Regs. § 15317). The Subject Property is open-space land that is subject to several conservation easements. The City's acquisition of the Subject Property would maintain its open-space character. 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 November, 2010. �- Jeff Comerchero, Mayor ATTEST: Susan . Jon s, MMC City Cler [SEALJ R:/Resos 2010/Resos 10-80 2 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. 10-80 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of November, 2010, by the following vote: AYES: 4 COUNCIL MEMBERS: Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Edwards ABSTAIN: 0 COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk R:/Resos 2010/Resos 10-80 3