HomeMy WebLinkAbout13-034 CC Resolution RESOLUTION NO. 13-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "AGREEMENT FOR
ENCROACHMENT OF GREASE INTERCEPTOR
FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN
WITH THE LAND (41958 FIFTH STREET, TEMECULA)"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1: The City Council finds, determines and declares that:
A. As part of the land use entitlements for the remodeling of the building
currently on the Property located at 41958 Fifth Street, Temecula, California 92590,
Owner is required to comply with all requirements of Eastern Municipal Water District
("EMWD"). EMWD has required Owner to install a"grease interceptor" as a condition of
the issuance of its sewer connection permit for the Property and which shall comply with
the plans and specifications approved by EMWD. The grease interceptor required by
EMWD is a large structure that must be buried below grade so as to facilitate access to
the EMWD sewer lines ("Improvements"). Due to the age of the building and its
configuration on the Property, the only feasible location for the grease interceptor is on
the public right of way owned by the City.
B. The Owner and City have agreed that it is in their mutual interests for
Owner to install and construct the grease interceptor required by EMWD for the
Property within the City right of way.
C. The Improvements within the City right of way shall be constructed in such
a manner so that it will not interfere with the use of the City right of way. The
Improvements are consistent with the provisions of the City's Old Town Specific Plan
encouraging the adaptive reuse of buildings in the Old Town Area as the location of the
Improvements is the only one feasible for the building on the Property.
D. The Owner has agreed to be responsible for all maintenance or
replacement of the Improvements in accordance with the terms of this Agreement.
Section 2: The City Council of the City of Temecula hereby approves that
certain "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR
FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958
5 STREET, TEMECULA)" with such changes in such document as may be mutually
agreed upon by the Owner and City Manager as are necessary or convenient to
effectuate the purposes of the Agreement. The Mayor is hereby authorized to execute
Agreement on behalf of the City. A copy of the final Agreement when executed by the
Mayor and Owner shall be placed on file in the Office of the City Clerk.
Resos 13-34 1
Section 3: The City Manager (or his designee), is hereby authorized, on behalf
of the City, to take all actions necessary and appropriate to carry out and implement the
Agreement and to administer the City's obligations, responsibilities and duties to be
performed under the Agreement and related documents, including, but not limited to,
the approval and execution on behalf of the City of certificates of completion, title
reports, certifications, and such other implementing agreements and documents as
contemplated or described in the Amendment or as may be necessary or convenient for
the implementation of the Agreement.
Section 4: 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 11th day June of 2013.
Michael S. N gar, Mayor
ATTEST:
,
Susan . Jones, MMC
City Cle k
[S EAL]
Resos 13-34 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. 13-34 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11th day of June, 2013, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts,
Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Naggar
ABSTAIN: 0 COUNCIL MEMBERS: None
. #
Susan . Jones, MMC
City Clerk
Resos 13-34 3