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HomeMy WebLinkAbout2022-03 CC ResolutionRESOLUTION NO.2022-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND 3270 W. LINCOLN LLC (RIVERSIDE COUNTY TAX ASSESSOR'S PARCEL NUMBERS 957-130-003 AND 957-130- 013) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findines. 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. B. The City is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement originally approved between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. As the Developer, Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. C. The Project will construct drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. In furtherance of the Project, the City seeks to acquire an approximate 325 square foot permanent easement ("Subject Easement") on portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Subject Property"). The Subject Easement is required to complete the subject drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. The construction of the Project is in the public interest and necessity and is required to protect the natural waterway along the Santa Gertrudis Creek that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of the Santa Gertrudis Creek. D. Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the owner of the Subject Property, 3270 W. Lincoln LLC ("3270 W. Lincoln"), on October 12, 2021 in Riverside County Superior Court as Case No. CVSW2108934 ("Lawsuit"). In furtherance of the Lawsuit, the City deposited with the State Treasurer's Office the probable just compensation amount of $500.00 for the Subject Easement based on an independent appraisal of the fair market value of the Subject Easement. Along with the Summons and Complaint in Eminent Domain, the City filed and served on 3270 W. Lincoln's agents a Notice of Deposit of Just Compensation, a Declaration of Appraiser in Support of Deposit of Just Compensation, and a Notice of Lis Pendens, which was recorded in the Official Records of the County of Riverside. On December 3, 2021, council for 3270 W. Lincoln contacted the City Attorney's Office and offered a settlement to the City of $5,500 for the Subject Easement. The City wishes to proceed with the proposed acquisition of the Subject Easement and the owner of record, 3270 W. Lincoln LLC, wishes to sell the Subject Easement to the City. Section 2. Approval of Agreement for Purchase and Sale of the Subiect Easement over Portions of the Real Property Identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 and Exhibits Thereto, and Authority of City Manager to Implement the Sale of the Subiect Easement. The City Council of the City of Temecula finds that the acquisition of the Subject Easement located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957- 130-013 is for the common benefit and for the benefit of the City. The construction of the Project benefits the community because it seeks to reduce the risk of flooding along the Santa Gertrudis Creek. Accordingly, the City Council of the City of Temecula hereby approves that certain Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between 3270 W. Lincoln LLC and the City of Temecula ("Agreement") attached hereto and incorporated herein by this reference, with such changes in the Agreement as may be mutually agreed upon by 3270 W. Lincoln LLC and the City Manager as are in substantial conformance with the form of the Agreement on file in the Office of the City Clerk. The City Manager is hereby authorized to execute the Agreement and Grant Deed conveying to the City the approximate 325 square foot permanent easement located on portions of the real property situated south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013. A copy of the final Agreement, when executed by the City Manager, shall be placed on file in the Office of the City Clerk. A copy of the recorded Grant Deed shall also be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or the City Manager's 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 Agreement, including but not limited to, the Grant Deed conveying the Subject Easement located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement and to effectuate the transfer to the City of the Subject Easement. Section 4. 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 18`h day of January, 2022. ATTEST• : --- Randi J Clerk [SEAL] 1 Matt Rahn, Mayor 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022-03 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 181h day of January, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 4