HomeMy WebLinkAbout15-023 CC Resolution RESOLUTION NO. 15-23
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A TEMPORARY
CONSTRUCTION EASEMENT AND RIGHT OF ENTRY
AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT AND
THE CITY OF TEMECULA IN CONNECTION WITH THE
MURRIETA CREEK FLOOD CONTROL, ENVIRONMENTAL
RESTORATION AND RECREATION PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the
County of Riverside, State of California. Pursuant to Government Code section 37350,
the City is authorized to purchase, lease, receive, hold and enjoy real and personal
property, and control and dispose of it for the common benefit. Pursuant to Government
Code section 37351, the City may control, dispose of, and convey its property for the
benefit of the City.
' B. The City is a local participant of the Murrieta Creek Flood Control,
Environmental Restoration and Recreation Project ("Project') pursuant to that certain
Cooperative Agreement dated January 11, 2005 between the District, the City of
Temecula and the City of Murrieta. The Riverside County Flood Control and Water
Conservation District ("District') has been working with the U.S. Army Corps of
Engineers on the Project. The Project is comprised of several funding sources,
including local participation by the Cities of Temecula and Murrieta.
C. The Project was authorized as a multipurpose flood control, ecosystem
restoration and recreation project. The Project is in the public interest and necessity
and will benefit the community because it seeks to reduce the risk of flooding along
Murrieta Creek in the Southwest area of Riverside County. The Project was authorized
as a multipurpose flood control, ecosystem restoration and recreation project. The
Project was originally anticipated to be constructed in the following four phases, subject
to the necessary federal appropriations:
• Phase I —Consists of a green-belt channel starting near the USGS
gauging station located downstream of Old Town that extends
approximately 3,000 feet upstream to First Street in Temecula.
• Phase II — Consists of a green-belt channel starting at First Street in Old
' Town that extends approximately 15,000 feet upstream, to Winchester
Road in Temecula.
Resos 15-23 1
• Phase III — Consists of a 250-acre stormwater detention basin, located
near the confluence of Santa Gertrudis, Warm Springs and Murrieta
Creeks in Murrieta. An approximate 50-acre park and recreation area is
included wihtin the basin.
• Phase IV — Consists of a green-belt channel starting from the basin that
extends approximately 19,000 feet up stream to Vineyard Parkway
(formerly Tenaja Road) in the City of Murrieta.
D. The District seeks to purchase from the City a temporary construction
easement with a three-year term on the approximate 3.64-acre vacant City-owned
parcel located at the northwest corner of Old Diaz Road and Rancho California Road
and the northeast corner of Diaz Road and Rancho California Road, and identified as
Riverside County Tax Assessor's Parcel Number 921-020-089 to facilitate the
construction of Phase II. The 3.64-acre parcel is identified by the District as District
Parcel 7021-33T. Pursuant to the terms of the attached Temporary Construction
Easement and Right of Entry Agreement Between Riverside County Flood Control and
Water Conservation District and the City of Temecula (APN 921-020-089), the total
monetary consideration of $118,000 for the District's use of the temporary construction
easement shall be payable to the City as a credit towards the City's share of its Local
Share costs in connection with the Project.
The District will replace with material of like kind and quality any improvements,
' landscaping and irrigation located on District Parcel 7021-33T that are damaged as a
result of the District's construction of the Project. The District will also install and
maintain a 6-foot chain-link fence with privacy screens around District Parcel 7021-33T
five business days before it commences its use of the temporary construction
easement. The District will maintain said fence during the term of the temporary
construction easement. Further, the Agreement requires the District to keep the public
right of way free of debris and dirt in connection with its use of the temporary
construction easement and will install a gravel and metal entrance and exit area for said
parcel in connection with its use of the temporary construction easement. The purchase
price is not less than the District's appraisal of the fair market value of the temporary
construction easement.
Further, the Agreement requires that, on expiration of the term of the temporary
construction easement, the District take such actions as the City may reasonably
request to evidence and give effect to the extinguishment of the District's rights in said
easement.
Section 2. Approval of Temporary Construction Easement and Right of
Entry Agreement and Authority of City Manager to Implement the Agreement for
the Property Identified as District Parcel 7021-33T. The City Council of the City of
Temecula hereby finds that the conveyance to the District of the temporary construction
easement identified as District Parcel 7021-33T will benefit the community and facilitate
the District's construction of the Project. The total monetary consideration of $118,000
for the District's use of the temporary construction easement shall be applied as a credit
Resos 15-23 2
in favor of the City towards the City's share of its Local Share costs in connection with
' the Project. Accordingly, the City Council of the City of Temecula approves that certain
agreement entitled "Temporary Construction Easement and Right of Entry Agreement
Between Riverside County Flood Control and Water Conservation District and the City
of Temecula (APN 921-020-089)", with such changes in the Temporary Construction
Easement and Right of Entry Agreement as may be mutually agreed upon by the
District and the City Manager as are in substantial conformance with the form of the
Temporary Construction Easement and Right of Entry Agreement on file in the Office of
the City Clerk. The Mayor is hereby authorized to execute the Temporary Construction
Easement and Right of Entry Agreement on behalf of the City. A copy of the final
Temporary Construction Easement and Right of Entry Agreement, when executed by
the Mayor, shall be placed on file in the Office of the City Clerk.
Section 4. City Manager'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 Temporary Construction Easement and Right of Entry
Agreement, and to administer the City's obligations, responsibilities and duties to be
performed under the Temporary Construction Easement and Right of Entry Agreement,
including but not limited to, approval and execution on behalf of the City of any such
documents that are necessary and convenient to implement the Temporary
Construction Easement and Right of Entry Agreement to grant to the District the
temporary construction easement with a three-year term on the parcel described as
' District Parcel 7021-33T.
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 28th day of April, 2015.
P
Jeff Comerchero, Mayor
ATTEST:
Rand i" o - son, City Clerk
[SEAL]
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Resos 15-23 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 15-23 was duly and regularl� adopted by the City Council of the
City of Temecula at a meeting thereof held on the 28t day of April, 2015, by the following
vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl-Olson, City Clerk
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Resos 15-23 4
' RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
Riverside County Flood Control and
Water Conservation District
Attention: Greg Walker
1995 Market Street
Riverside, California 92501
WITH A CONFORMED COPY TO:
City of Temecula
Attention: City Clerk
41000 Main Street
Temecula, California 92590
SPACE ABOVE THIS LINE FOR RECORDER'S USE
1XI All of Assessor's Parcel Nos.921-020-089
RCFC Parcel No.7021-33T
Documentary Transfer Tax$0.00
This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and is
exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer
Tax(Rev&Tax Code § 11922).
TEMPORARY CONSTRUCTION EASEMENT AND RIGHT OF
ENTRY AGREEMENT BETWEEN RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT AND
CITY OF TEMECULA (APN 910-020-089)
This Temporary Construction Easement and Right of Entry Agreement ("Agreement") is
entered into as of 2015 ("Effective Date') between the City of Temecula,
a municipal corporation ("Grantor" or "City") and Riverside County Flood Control and Water
Conservation District, a body politic ("Grantee' or "District). The City and the District are
referred to below collectively as the "Parties'.
RECITALS
A. The District has been working with the U.S. Army Corps of Engineers on the
Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"),
which would reduce the potential threat of future flooding along Murrieta Creek in the Southwest
area of Riverside County.
B. The Project is comprised of several funding sources, including local participation
by the Cities of Temecula and Murrieta. The City is a local participant in this Project pursuant to
that certain Cooperative Agreement dated January 11, 2005 between the District, the City of
Temecula and the City of Murrieta.
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' C. The City of Temecula is the record fee owner of that certain approximate 3.64-
acre vacant real property located at the northwest corner of Old Diaz Road and Rancho
California Road and the northeast corner of Diaz Road and Rancho California Road, and
identified as Riverside County Assessor's Parcel Number 921-020-089. This parcel is referred
to below as Riverside County Flood Control District Parcel No. 7021-33T ("RCFC No. 7021-
33T"). RCFC No. 7021-33T is described more particularly on Exhibit "A-7" hereto labeled "Legal
Description for Diaz Road Right-of-Way Dedication Remainder Parcel" and depicted on Exhibit
"B-7" hereto, which are incorporated herein by this reference.
D. The District desires to acquire from the City and the City desires to grant to the
District a temporary construction easement with a term of three years on RCFC No. 7021-33T
for construction staging purposes and to facilitate the District's construction of Phase 2 of the
Project.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, the City and the District mutually agree as follows:
1. The City hereby grants to the District a temporary construction easement
and right of entry with a term of three years (referred to below as "temporary construction
easement") on RCFC No. 7021-33T to facilitate the construction of Phase 2 of Project, subject
to the terms of this Agreement.
2. The total monetary consideration for the District's use of the temporary
construction easement pursuant to the terms of this Agreement is $118,000 (One Hundred
' Eighteen Thousand Dollars). Said monetary consideration shall be payable as a credit in favor
of the City in the amount of the total monetary consideration of $118,000 towards the City's
share of its Local Share costs in connection with the Project.
3. Term. The term of the temporary construction easement will commence
on the Effective Date of this Agreement. The temporary construction easement will expire on
the earlier of (a) three-years after the Effective Date of this Agreement, or (b) on the date that
the District records a Notice of Termination of the temporary construction easement in the
Official Records of the County of Riverside. Upon the expiration of the temporary construction
easement, the District agrees to take such actions as the City may reasonably request to
evidence and give effect to the extinguishment of the temporary construction easement and the
relinquishment of the District's rights and interests in the temporary construction easement
pursuant to this Agreement. The City grants to the District, its contractors, subcontractors,
agents, representatives, employees and all others reasonably deemed necessary by the
District, the right to use and occupy the temporary construction easement for a term of three
years to facilitate the District's construction of Phase 2 of the Project. The purpose and scope
of this temporary construction easement is to allow for the District's storage and assembly of
equipment and materials, ingress and egress, and any related support activities to facilitate the
construction of Phase 2 of the Project.
4. The District shall replace with material of like kind and quality any
improvements, landscaping and irrigation located on RCFC No. 7021-33T that are damaged as
a result of the District's construction of the Project.
5. The District shall install and maintain a 6-foot chainlink fence with privacy
' screens around RCFC No. 7021-33T five business days before it commences its use of the
17914140 -2-
' temporary construction easement and shall maintain said fence during the term of the
temporary construction easement.
6. The District shall obtain any necessary permits and approvals required in
connection with the District's use of RCFC No. 7021-33T, and shall comply with all local, state,
and federal rules that may apply in connection with the District's use of RCFC No. 7021-33T for
Phase 2 of the Project.
7. The District shall keep the public right of way free of debris and dirt in
connection with its use of the temporary construction easement for Phase 2 of the Project. The
District shall sweep the public right of way as necessary to remove dirt and debris. Further, the
District shall install a gravel and metal entrance and exit area for RCFC No. 7021-33T in
connection with its use of the temporary construction easement.
8. The District agrees to keep the temporary construction easement free of
any liens or lien claims made by contractors, subcontractors, suppliers, engineers and/or
architects and surveyors who might have lien rights as a result of the District's use of the
temporary construction easement in connection with the construction of Phase 2 of the Project.
If any such lien is filed on RCFC No. 7021-33T in connection with the District's use of the
temporary construction easement, the District will, at its sole cost and expense, have the lien
released and discharged of record in a manner satisfactory to the City within thirty (30) calendar
days of receiving notice of the lien. If the District fails to remove the lien within such thirty (30)
day period, the City will have the right to remove the lien, and District, upon demand, will
reimburse the City for all costs and expenses, including without limitation reasonable attorneys'
' fees incurred by the City in connection with such removal. To the extent permitted by law, the
District hereby indemnifies the City from and against all claims and demands for payment, or
liens or lien claims made against the City by contractors, subcontractors, suppliers, engineers
and/or architects and surveyors who might have lien rights as a result of the District's use of
RCFC No. 7021-33T for the construction of Phase 2 of the Project.
9. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices
will be considered given upon the earlier of(a) two business days following deposit in the United
States mail, postage prepaid, certified or registered, return receipt requested, or (b) one
business day following deposit with an overnight carrier service. The Parties will address such
notices as provided below or as may be amended by written notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Grantor: Riverside County Flood Control &Water Conservation District
1995 Market Street
Riverside, California 92501
' Attention: Greg Walker
Copy to: Riverside County Counsel's Office
17914140 -3-
Attention: Synthia M. Gunzel, Deputy County Counsel
3960 Orange Street, Fifth Floor
Riverside, California 92501-3674
10. Miscellaneous Provisions.
a. Authority to Bind Parties and Execute Agreement. The City and
the District represent and warrant to one another that this Agreement constitutes a binding
obligation on each of them and that the person executing this Agreement is authorized to
execute the Agreement on behalf of the respective Party and to bind it.
b. Entire Agreement. This Agreement reflects the entire agreement
between the City and the District regarding the District's use of the temporary construction
easement on RCFC No. 7021-33T, and shall supersede all prior or contemporaneous oral or
written understandings, statements, representations or promises between the City and the
District concerning the subject matter of this Agreement.
C. Governing Law. This Agreement is deemed to have been
prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be
interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be
interpreted according to the applicable rules of interpretation of contracts under the laws of the
State of California, and not the substantive law of another state or the United States or federal
common law. This Agreement shall be deemed to have been executed and delivered within the
State of California, and the rights and obligations of the Parties shall be governed by, and
' construed and enforced in accordance with, the laws of the State of California.
d. Amendment or Modification. This may be modified or amended
only by a writing executed by all Parties to this Agreement.
e. Partial Invalidity/Severability. Each provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law. If any provision of this
Agreement or the application of such provision to any person or circumstance is, to any extent,
deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of
such provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected by such invalidity or unenforceability, unless such provision
or such application of such provision is essential to this Agreement.
f. Successors-in-Interest and Assigns. Except as otherwise
provided herein, the provisions of this Agreement will be binding on and inure to the benefit of
the Parties hereto and their respective heirs, successors and assigns.
g. Legal Representation. The Parties, and each of them,
acknowledge that in connection with the negotiation and execution of this Agreement, they have
each been represented by independent counsel of their own choosing and the Parties executed
the Agreement after review by such independent counsel, or, if they were not so represented,
said non-representation is and was the voluntary, intelligent and informed decision and election
of any of the Parties not so represented; and, prior to executing this Agreement, each of the
Parties has had an adequate opportunity to conduct an independent investigation of all the facts
and circumstances with respect to the matters that are the subject of this Agreement.
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' h. Counterparts, Facsimile & Electronic Signatures. This Agreement
may be executed in whole or in counterparts which together shall constitute the entire
Agreement. Facsimile or electronic signatures/counterparts to this Agreement shall be effective
as if the original signed counterpart were delivered.
i. Fees and Costs. Each of the Parties to this Agreement shall bear
its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection
with negotiating the matters described in this Agreement.
IN WITNESS WHEREOF, the City and the District have entered into this Agreement as
of the date set forth above.
(Signatures on Next Page]
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tGRANTEE GRANTOR
RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA, a municipal
AND WATER CONSERVATION DISTRICT, a corporation
body politic
Dated: Dated:
By: By
Chairman, Riverside County Flood Jeff Comerchero, Mayor
Control and Water Conservation District
Board of Supervisors
ATTEST:
ATTEST:
Randi Johl-Olson
By. City Clerk
Kecia Harper-Ihem
Clerk of the Board
t APPROVED AS TO FORM:
APPROVED AS TO FORM: Dated:
GREGORY P. PRIAMOS RICHARDS, WATSON & GERSHON
County Counsel
By: Peter M. Thorson
Synthia M. Gunzel City Attorney
Deputy County Counsel
17914140 -6-
1 ----- -
EXHIBIT"A•7"
LEGAL DESCRIPTION
FOR
DIAZ ROAD RIGHT-OF-WAY DEDICATION
REMAINDER PARCEL
THAT PORTION OF PARCELS 1 AND 2 OF PARCEL MAP 19580 AS SHOWN BY A MAP ON FILE IN BOOK 154,
PAGES 92 THROUGH 96 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY,STATE OF CALIFORNIA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF SAID PARCEL MAP,SAID POINT
BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD;
THENCE SOUTH 18'26'21'EAST,42.92.FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 18'26'21'EAST,659.41 FEET ALONG SAID RIGHT-OF-WAY TO THE
BEGINNING OF A CORNER CUT-BACK AS SHOWN ON SAID MAP,
THENCE SOUTH 2345'52 WEST,30.90 FEET ALONG SAID CORNER CUT-BACK TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD AS SHOWN ON SAID MAP,SAID POINT BEING
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 1411.00
FEET,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 24'01'55'EAST;
THENCE WES TERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF
14'2241',AN ARC LENGTH OF 354.06 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 51'13'50-WEST,59.50 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF 800.00 FEET,A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89'43'06'WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'50'061,AN ARC LENGTH
OF 276.95 FEET;
THENCE NORTH 19'33'12'EAST,301.49 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE
NORTHWESTERLY,HAVING A RADIUS OF 900.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10'43'35*,AN ARC
LENGTH OF 168.49 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 158,554 SQUARE FEET OR 3.64 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT'S-T AND THEREBY BEING MADE A
PARTHEREOF-
q FESSID Co
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PREPARED UNDER MV SUPERVISION: m NO M59 i
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VIN B.COZAD
REGISTERED PROFESSIONAL ENGINEER NO.26159 OFCALI
EXPIRES: 3-31-2010
Page 1 of 1
Marti 18,2088
By R.C.O.
CK'D BY:B-Fox
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1791414v3
___.--- .
EXHIBIT "B-7"
LINE TABLE CURVE TABLE
LINE LENGTH BEARING CURVE 1 LENGTH i RADIUS DELTA
L7 301.49' N19'33'12•E C11 276.95' 800.00' 19'50'06•
L2 59.50' N51'13'50•W C21 354.08*1 1411.00' 14' '41•
L3 0.90' 5'52•W c3l 168.49' 900.00' 10'43'35•
L4 659,41' '21•E
-L5 42,92' Slfr26'7l-F
agwEtws
THIS LEGAL DESCRIPTION AND PLAT WAS PREPARED O
pee AT THE REDUESF OF THE CITY OF TEMECULA.THE
�N PARCELS DESCRIBED HEREON MAY NOT BE IEGAL \�
PARCELS.THOS LEGAL DESCRIPTION AND PUT DOES PORTION BLOCK 2 OF \ P.O.C.
NOT CON AID SDIUIE A L DIVISION UNDER THE PAUBA LAND & WATER
SUBDIVISION MAP ACT AT THE PRESENT TIME ANY 00. GLIB. M.B. IV607 \ \ NLY MOST CORNER OF
® FURMER SAL LEASE OR FINANCING OF THE PARCEL 1 OF PARCEL MIP
PARCEL WOULD REQUIRE A LAND DMSION \ 19580 (PM 154/92-98)
APPROVAL cp eo\ T.P.O.B.—
Y,�\ PARCEL i f' \
Q
REMAINDER PARCEL 3.64 ACRE �\
10650 \
8
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APN
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\ I A 1261'\'8 PARCFI 2 �
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S 52401'S5•E R
SCALE IN FEET
zoo' �CALIFORMA i PARCEL LINE ED
S0939'14'E R IN� �R W%ARO5/93
PREPARED FOR:
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TEMECULA. CA 92590 CARL /STRUMRA D404EM
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17914140