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HomeMy WebLinkAbout11-065 CC Resolution RESOLUTION NO. 11-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DRAINAGE EASEMENT AGREEMENT AND GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND REGENT NICOLAS 73, LLC IN CONNECTION WITH THE CITYWIDE STORM DRAIN IMPROVEMENTS — CALLE FIESTA, PROJECT NUMBER PW10-07 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs. The City Council hereby finds, determines, and declares that: A. The Citywide Storm Drain Improvements - Calle Fiesta Storm Drain Extension, Project Number PW10-07 ("Project") would install a 24" diameter storm drain pipe (and appurtenances), two hundred fifty (250) feet in length, within a privately- owned parcel located north of Calle Fiesta road. The purpose of the Project is to carry storm water runoff originating from Calle Fiesta road to a point of low energy discharge at the base of natural slope located on said private property. B. On August 02, 2010, the City duly filed a Notice of Determination for this Project in accordance with Section 21152 of the Public Resources Code. In approving the Categorical Exemption, the City found that the Project will not have a significant effect on the environment. The City approved the Project for solicitation of bids on March 22, 2011. C. The Project would require the acquisition of a drainage easement and a temporary construction easement for the construction of certain improvements on property owned by Regent Nicolas 73, LLC. Specifically, the Project would require that Regent Nicolas 73, LLC grant to the City an approximate 5,008 square foot drainage easement for public access purposes and all uses necessary or convenient thereto. As part of the Project, the City would construct improvements in the 5,008 square foot drainage easement area, including, but not limited to storm drain pipe, manholes and energy dissipater. Pursuant to the Temporary Construction Easement Agreement, Regent Nicolas 73, LLC would grant to the City a right of entry on the real property owned by the Regent Nicolas 73, LLC that is described in the Temporary Construction Easement Agreement to facilitate the City's construction of the Project. The nature and scope of activities reasonably necessary to facilitate the City's construction of the Project may include, but are not limited to, the demolishing existing rip rap and headwalls, and the installation of storm drain pipes, manholes and inlets, junction structures, backfill and compaction of eroded gullies, erosion control, hydro seeding and re-establishment of a survey property corner monument. R:/Resos 2011/Resos 11-65 1 Section 2. DrainaQe Easement Aqreement. Based on the findings set forth in this Resolution, the City Council hereby approves the Drainage Easement Agreement between the Regent Nicolas 73, LLC and the City of Temecula. Section 3. Grant of Temporarv Construction Easement Aqreement. Based on the findings set forth in this Resolution, the City Council hereby approves the Grant of Temporary Construction Easement from the Regent Nicolas 73, �LC. Section 4. 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 Drainage Easement Agreement and the Grant of Temporary Construction Easement Agreement, and to administer the City's obligations, responsibilities and duties to be performed under said Drainage Easement Agreement and the Grant of Temporary Construction Easement Agreement. Section 5. Environmental Analysis. The environmental effects of the acquisition of the above real property interests and construction of the proposed drainage improvements were studied as part of the determination of a Categorical Exemption status adopted for the proposed Project. The findings made by the City in connection with the adoption of the Categorical Exemption are the appropriate findings for the acquisition of the Drainage Easement and Temporary Construction Easement and proposed storm drain improvements. Pursuant to the criteria of Section 15304 of the CEQA Guidelines, City staff concluded that the Project would not have a significant effect on the environment and was Categorically Exempt under Section 15304 Class 4f (Minor trenching and backfilling where the surface is restored). These environmental findings are the appropriate findings with respect to the proposed acquisitions of the Subject Property Interests. Section 6. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of September, 2011. � , Ron Roberts, Mayor ATTEST: Susan W. Jone MMC 't Cler [SEAL] R:/Resos 2011/Resos 11-65 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. 11-65 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of September, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susa W. Jones, MMC City Clerk R:/Resos 2011/Resos 11-65 3