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HomeMy WebLinkAbout12-085 CC Resolution RESOLUTION NO. 12-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Western Bypass Bridge Project (PW06-04) is a component of the future Western Bypass corridor. It will extend the Western Bypass from just west of its intersection with Old Town Front Street to Pujol Street. The proposed 288 foot bridge will span Murrieta Creek and provide four travel lanes and pedestrian access along both sides. Pujol Street will be extended approximately 1000 feet and serve as an interim connection for the Western Bypass. B. In furtherance of the project, the City has entered into a Real Property Purchase Agreement (RPPA) and an Entry Permit (EP) with the Metropolitan Water District of Southern California (MWD). The RPPA covers acquisition of three of five permanent easements needed for the project from MWD. These three permanent easements are for road purposes containing approximately 34,045 square feet for the Western Bypass Bridge Project from a portion of a larger parcel owned by MWD. These areas are encumbered by an easement for flood control purposes for Murrieta Creek. The EP covers acquisition of the two remaining permanent easements from MWD and involves two slope areas that will be accessed during construction. Upon completion of construction, and under the terms of the EP, the slope areas will be converted into two permanent slope easements in favor of the City. This will allow some minor adjustments to the slope areas, if needed, during construction. The EP is renewable at the request of the City on a yearly basis until such time as construction is completed. The total cost for the entry permit is $2000.00 which includes a$1,500.00 administrative fee and $500.00 usage fee. These are one-time fees payable at the close of escrow for the Permanent Easement Deed. C. Pursuant to Government Code Section 7267.2, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on a October 13, 2010 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of required property rights for the construction of the Resos 12-85 1 Project. On March 30, 2011, the City extended a written offer to the record owner, MWD, to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser. D. MWD and City staff negotiated the City's acquisition of the Subject Property Interests and MWD accepted the City's offer. The Real Property_ Interest Purchase Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the fair market value of $4,430.00. Staff is proceeding with the necessary acquisitions such that the project can expediently begin construction should sufficient funding be identified. The parties agree that if construction of the project does not commence within seven years from the date if execution of this agreement, the permanent easements will revert to MWD via quitclaim by the City. If the construction bidding process for the project has started within the seven year period, the City shall have the option to extend the period for another three years. E. At its meeting of August 25, 2009, the City Council approved the Mitigated Negative Declaration encompassing an Air.Quality Technical Memorandum, Biological Resources Technical Memorandum, Burrowing Owl Survey Report, and Cultural Resources Technical Memorandum. There is no impact (or less than significant impacts) for the following environmental areas of concern: aesthetics, agricultural resources, geology & soils, hazards & hazardous materials, land use & planning, mineral resources, population & housing, public services, recreation, traffic & transportation, and utilities & service systems. The project has the potential to have . significant air quality, biological resources, hydrology & water quality, noise impacts but can be adequately and feasibly mitigated and the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Approval of Real Property Interest Purchase Agreement and Entry Permit. A. The City Council of the City of Temecula hereby approves those certain agreements entitled "Entry PermiY' and "Real Property Interest Purchase Agreement (Portions) APN(s): 922-110-021 and 922-210-011" with such changes in the Agreement as may be mutually agreed upon by MWD and the City Manager as are in substantial conformance with the form of such Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreements on behalf of the City. Copies of the final Agreements when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreements is not an announcement of the City's intent to acquire any other real property interests for the Project and does not commit the City to acquire any other real property interests for the Proposed Project. Resos 12-85 2 Section 3. City Manager's Authority. A. 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. Section 4. Environmental Analysis. A. The environmental effects were studied as an integral part of the Mitigated Negative Declaration for the Initial Study approved for the Project. The findings made by the City Council at its meeting on August 25, 2009 in approving the Mitigated Negative Declaration for the Initial Study are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Project, including, but not limited to, the Mitigated Negative Declaration and the Initial Study. Section 5. Certification. A. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 2012. � • � h ck Washington, Mayor ATTEST: l�t� Susan . Jones', MMC 't CI rk [SEAL] Resos 12-85 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, Cify Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 12-85 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of December, 2012, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None �� '�, ; Susan W Jones, MMC `\ City Clerk Resos 12-85 4 , California County of Riverside Deed iVo. REAL PROPERTY INTEREST PURCHASE AGREEMENT (Portions) APN(s): 922- I 10-021 and 922-2 l0-O l l Document No. in the form of a Grant Deed to the City of Temecula has been executed and delivered to the Department of Public Works of the City of Temecula ("City"), by the Metropolitan Water District of Southern California ("MWD"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The City and MWD ("parties") have herein set forth the whole of their agreement. The perforrnance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligations or claims on this account, or on account of the location, implementation, construction or operation of the public project except as otherwise provided herein. 2. The City requires the three (3) permanent road easements conveyed by the above-described Grant Deed (defined and delineated in paragraph 3 of this Agreement) from real property owned by MWD and designated as AP1V(s) 922-110-021 and 922-210-011 ("Larger Parcel") for the City's Western Bypass Bridge Project, a public use for which the City has authority to exercise the power of eminent domain {"Project"). MWD is compelled to sell, and City is compelled to acquire said property interests conveyed by the above document. Both City and MWD recognize the expense, time, effort and risk to both parties in determining the compensation for the property interests conveyed by the above document by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. 3. The three (3) permanent road easements required by the City contain a total of approximately 34,045tsquare feet and is described on Exhibit A to this Agreement, and depicted on Exhibit B to this Agreement. The Easement Area is further delineated as Parcels 5B (3,628 sq. ft.), 6B (20,179 sq. ft.) and 7A (10,238 sq. ft.) on the Right of Way Map, attached as Exhibit C to this Agreement. Exhibits A, B and C are incorporated into this Agreement ("Easement Area"). 4. The City shalL• a. Pay to MWD the sum of Four Thousand Four Hundred Thirty Dollars ($ 4,430.00) ("Purchase Price") for the Easement Area to the following title company: First American Title Company for the account of MWD (Order No. 0625-3390650), conditioned upon the property interest vesting in the City free and clear of all liens, leases, encumbrances, assessments and taxes excepr. i. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Kevenue and Taxation Code, if unpaid at the close of escrow, if any. ii. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. Page 1 of 4 iii. Easements or rights of way over said land for pub(ic or quasi-public utility or public street purposes, if any. b. Pay all escrow, recording and title insurance charges, 'rf any, incurred in this transaction. Said escrow and recording charges shall not, however, include documentary transfer tax. c. Have the authority to deduct and pay from the compensation, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which escrow closes, together with penalties and interest hereon, and/or detinquent and unpaid non-delinquent assessments which have become a lien at the close of escrow. 5. MWD warrants that there are no oral or written leases on all or any portion of the Larger Parcel exceeding a period of one month, and MWD agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any (ease, any claim for fixtures and equipment, and any and all claims arising out of said property held by any tenant of grantor for a period exceeding one month, if any. 5. MWD agrees that the right to possession and use of the subject property shall be given to City upon the recording of grantor's deed. 6. MWD and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property interest herein and that no other authorizations are required to implement this Agreement on behalf of MWD. 7. MWD understands and agrees that this purchase agreement is subject to and conditional upon approval of the City Council of the City of Temecula. 8. The parties agree that if construction of the project does not commence within seven (7) years from the date of this Agreement ("7 year period"), the Easement Area shall revert to MWD, and City agrees that it shall promptly quitclaim its interest in the Easement Area to MWD. For purposes herein, construction is commenced when the City, by and through its Department of Public Works, solicits conswetion bids for the Project. Further, the parties agree that if construction has not commenced at the end of the 7 year period, City shall have the option to extend the 7 year period for an additional three (3) years upon adequate assurance to MWD that City is in the process of commencing conswction. For purposes herein, the 7 year period calculated from the date of the recording of the grant deed under this Agreement. 9. The parties further agree that if, upon completion of construction of the Project, it is determined that the actuat as-built area of the Easement Area deviates from the Easement Area conveyed under this Agreement, City agrees that it will survey the actual as-built area, prepare corrected legal descriptions, and record an amendecl grant deed, based upon the corrected actual as-built area, all at City's sole cost and expense. All other terms of this Agreement shall remain the same, and MWD shalt not be entitled to further compensation. For purposes herein, completion of construction means the improvements are substantially complete, as deemed by City. 10. The parties further agree that, simultaneously with the execution of this Agreement, the parties will enter into and execute a separate Right of Entry Agreement granting City use of the Slope Easement Page 2 of 4 Area necessary for the Project; upon completion of construction, MWD agrees to convey to City the area of the slope easements in permanent easements. l 1. The Purchase Price of the Easement Area reflects the fair market value of the propeRy without the presence of contamination. If the Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, City may elect to recover its clean-up eosts from those who cause or contributed to the eontamination. 12. MWD hereby authorizes the City to prepare and file escraw instructions in accordance with this agreement on behalf of both parties. 13. MWD and City hereby agree that the escrow conveying the described property shall close as soon as a duly executed deed is presented to the escrow agent for recordation. Said deed presentation shall occur within seven (7) days of approval of this purchase contract l4. This transaction will be handled through an escrow with First American Title, 323 Court Street, San Bernardino, CA 92401, Order No. 0625-3390650. 15. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one contract. 16. Any amendment of, or supplement to, any instruments rnust be in writing. IN WITNESS WHEREOF, the parties hlve executed this agreement the day and year first above written. Grantor METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, By. �` r~ � Ralph T. Hicks, nager Real Property & Development Management Group . RECOMMENDED FOR ACCEPTANCE � Grantee CITY OF TEMECULA, a municipal corporation � By: Chuck Washington, Mayor By: , Susan W. Jones, MMC, City Clerk Page 3 of 4 APPROVED AS TO LEGAL FORM: LAW OFFICES OF HERMAN H. FITZGERALD A Professional Corporation B� � , � . Christine C. Fitzgerald Attorney for City of Temecula By: ,lil ` ��2%�' John C. Clairday Attorney for MWD PSA 2012.1-30 Page 4 of 4 EXHIBTT A 142-4-1.1PEC100 142-4-18PEC100 RL 3085 Permanent Easement MWD To City of Temecula Those portions of Block 32 of the Town of Temecula, in the City of Temecula, County of Riverside, State of Califomia, as shown on map recorded in Book 15, page 726 of Maps, and those portions of the Pauba Land and Water Company's Subdivision of the Temecula Rancho, as shown on map recorded March 15, 1888, in Book I 1, page 507 of Maps, both in the Office of the County Recorder of San Diego County, within those parcels of Iand as conveyed to The Metropolitan Water District of Southern California by Grant Deeds recorded January 04, 1968 as Instrument No. 930, and recorded May Ol, 19'72 as Instrwnent No. 55717, both of Official Records of Riverside County, all as shown on a Record of Survey filed in Book 127, pages 80 through 93, of Records of Survey of said County, described as follows: BEGINNING at the westerly terminus of the most northerly line of said C3rant Deod recorded May O1, 1972; thence along the westerly line of said Grant Deed South 1 S42' OS" East 199.96 feet to the beginning of a tangent curve, concave northeasterly having a radius of 3869.83 feet; thence southeasterly along said curve and said westerly line through a central angle of O1° 47' 56" an arc distance of 121.89 feet to an angle point in said westerly line; thence along a northerly line of said Grant Deed South 7359'00" West 31.92 feet; thence leaving said northerly line South 1 S 42' OS" East 198.13 feet to the beginning of a non-tangent curve, concave northerly having a radius of 1044.00 feet, a radial line to said point bears South O 1' 24' S2" West; thence easterly along said curve through a centrai angle of OT 13' 21" an azc distance of 131.60 feet; thence leaving said curve on a non-radial line South 1 S 16' OS" East 16.22 feet to the beginning of a non-tangent curve, concave northerly having a radius of 1060.00 feet, a radial line to said beginning bears South 5� 57' 08" East; thence easterly along said curve through a central angle of O 1' 25' 47" an arc distance of 26.50 feet; thence on a tangent line North 82 36' S6" East 22.93 feet to the easterly line of said Grant Deed recorded January 04, 1968 and the beginning of a non-tangent curve, concave northeasterly having a radius of 3739.83 feet, a radial line to said point bears South 68 33'09" West; thence northerly along said curve through a central angle of O 1° 53' i T' an arc distance of 123.24 feet to the beginning of a non-tangent curve, concave northerly and having a radius of 940.00 feet, a radial line to said point bears South 0704'38" lof2 EXHIBTt A 142-4-1.1 PEC100 142-4-18PEC100 RL 3085 Permanent Easement MWD . To City of Temecula East; thence leaving said easterly line westerly along said curve through a central angle of 0219' 38" and arc distance of 38.18 feet; thence leaving said curve on a non-tangent line South 1 S 16' OS" East 16.21 fe� to the beginning of a non-tangent curve concave northerly having a radius of 956.00 feet, a radial line to said point bears South 04 55' 41" East; thence westerly along said curve through a central angle of (�' 12' S7" an arc distance of 70.34 feet; thence leaving said curve on a non-tangent line North 1 S 42' OS" West 445.85 feet to the most northerly line of said Grant Deed recorded May O1, 1972; thence westerly along said northerly line South �4' 1T55" West 30.00 feet to the POINT OF BEGINNING. Subject to any and all existing uses, licenses, peimits, easements, rights of way, covenants, conditions, and restrictions. All as shown on Eachibit B attached hereto and made a part hei END OF DESCRIPTION PREPARED UNDER MY SUPERVISION ��� ��e� �t` omas M. Bosserman P.L.S. 7328 ��� '�5 : * � I L�� � * Da t � D(P �/1 y � P(11iV�j:lSanDiego4Pipli�ROW1LE(3AI.U421i-i.iPEC100.doc �„� i�,2oio 9�FOf 8 `��� CA 2 of 2 EXHIBI T B SHEET 1 OF 2 PORTION OF THE TEMECULA AANCHO, M.B. 11, PG 507, SAN DIEGO COUNTY RECORDS, C/TY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CAL/FORN/A TNfS EXHIBIT /S TO BE ATTACHED TO THE LEC3AL DESCRIPTION PORTION OF BLOCK 32 LOT 7 � RL 3085 PERMANENT EASEMENT P.O,B. C %,' MWD 142-4-1. 7 PEC 100 �� NO SCALE cr�'� Area = 0. 696 Ac. m L 0 �- 9 I.LIJ � MWD 142-4-18PEC100 MWD (�1 Area = 0.070 Ac. 142-4-1.1 PEC 100 L�.�) Total A�ea = 0. 766 Ac. CURVE/LINE COURSE TABLE � 1O S 1S 42' 05' E -- 199.96' MWD FEE 2 ar Ol' 4T' S6' R- 3869.83' L- 12J.89' 142-4-18 3 S 73' Sg 00� W -- 3�.9r 2 W Instr. No 930 O.R. . Rec. Jan. 04, f 968 4� 5 1 S 42' 05' E -- 198.13 3 ^ L O T��� O ar 07' 13' 21' R- 1044.Q0' L- 131.60' 0 �� $ O s�s �5 05' E -- 16.22' � y ��M4 �8PEC10 142 �i ar rn• 25 ��• R- to�o.ar t- 25.5a 4 N, WESTERN BYPASS 9 CORAID�R 8O N B2 36' S6' -- 2293 5 - S � 33' � W 9� ar O1' S3' f7' R- 3739.83' L- 123.24' � � 2 � 10 ar 02 19' 3B' R- 940.Oi0' L- 3B.18' g L O T 11 3 8 11 S 1S �6' 05' E -- 16.21' � 7 W �2 a o� �r � R- 9s6.ar c- �0.3� N� MWD FEE )3 N 1S 42' 05 W -- 445.85 � s�� 142-4-1.1 (por. O 14 S 74 17� 5,5� W -- 3p,pp� lnstr. No. 557 y `�'� Rec. May 01, 1972 SEE DETAIL �n � SHEET 2 PREPARED UNDER �wo s THE METROPOUTAN WATER D/STRICT �G� �Q Of SOUTNERN GALIFORN/A MY SUPERV/S/0N ��'�M•�g GFo SAN DIEGO P/PEL/NES 4& 5 � _ �z� � * RL 3085 Thor»as M. Bosaermen P.�.s. �aze N aP�- � PERMANENT EASEMENT � 9 �F ' �S � �TO — �F CA�� C/TY OF TEMECULA DATE 142-4.1.1 pEC 100, l A2-4-18PEC 100 J:iProJectalSanD/egoPlpel/ne41e�►IbttalTemeculaWestern8ypasaRoadDeed.dgn 06-17-10 M.D.T. EXH/B/T B SHEET 2 OF 2 PORTION OF THE TEMECULA RANCHO, M.B. 11, PO 507, SAN D/EQO COUNTY RECORDS, CI OF TEMECULA, COUNTY OF A/VERS/DE, STATE OF CAL►FORN/A TH/S EXH/BIT IS TO BE ATTACHED , TO THE LEQAL DESCA/PTION � 30 � MWD FEE 142-4-19 inati. No. 930, O.R. Rec. Jan. 04, 1968 2 � � LOT 10 E 3 � � S d7' � 3 � � � � (RP� � �' 11 4 °� � � �► � m 142 4 �18PEC 6 9 ------- ; 5 __________-- -- S �, 33 , pgr yy 12 ��� __------�� _ g LOT 11 a� o MWD °° N 3 142-4-1.1 PEC i 00 8 � (portion) � N ^ MWD FEE �u ' 142-4-1.1 (por.) � � intU. No. s�7t7 ETRO D s�- Rec. May 01, 1972 � OF SO!lTHERN CAUFORN/A N �� SAN D/Et30 P/PEL/NES 4& 5 RL 3085 o ` PEAMANENT EASEMENT tn MWD TO C/TY Of TEMECULA 142-4-1.iPEC100, 142-4-18PEC100 J:IProjectslSenClegoP(pelJne4le:AlbltslTemeculsWeaternBypassRoadDeed.dgn 06-17-10 Y.D.T. OLD TOWN FRONT STREET __._-----'�� _._- -�., - � � ------- � — r ---- � ------------ • — � --- "�^° --- = =--*---°-°--r---------------------------------+-= �`_ �' . i i i � APN i � . 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' APN � Z o . �� \ i 922-2t0-063 � QN � i I � N � � N � i m t � `\� `�` APN i � \ 922-110-008 � 96 i ��.` i `�. � . � '�. i -----' � ' APN APN "`---'--- i 922-170-032 922-210-062 APN � 922-110-070 ' I � i r i 9r '29•o i �481 ��ti � � 0\02 i � ' SC .� . � '-------------------------------'�-°--------------=�----`-------------°---------- i i "_""_'_'_"_'__'____"_'___' y i APN � 922-210-01 l APN � APN 922-710-045 � 922-t10-027 � 6�A1 (PiCi ------- ----------------- � 922-i70-044 � � t7A� 69 —^----�---�--- �---�-- PUJOL STREET _ —'', � . � �� --•-------• --•—•-----------------------------•----- APN 922-110-013 8A f � APN 940-32D-007 D�ARB�7T OY PUHLC 1rORI9 " RIGHT OF WAY �a .�» �» � � .�.. �.« ..� ,� � � � �... �a '�` — °°'"°"°"'"` APPRAISAL MAP � �, �° � � �. — �.Md«, _ = • ���^ MAP N0. 1 - - ° � �� - - o ,� m �. ^^ - o .� ., �, � � ,�,.a.b�. _ _ _