HomeMy WebLinkAbout2022-15 CC ResolutionRESOLUTION NO.2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA, YNEZ ACRES, AND YNEZ ACRES II IN
CONNECTION WITH THE I-15/FRENCH VALLEY
PARKWAY IMPROVEMENTS — PHASE II (PORTIONS OF
APN'S 910-271-002, 910-271-005, 910-271-006, 910-271-007,
AND 910-271-008)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findings.
A. The City of Temecula (City), in cooperation with the California Department of
Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements —
Phase II (Phase II) to alleviate traffic congestion and improve operational efficiency within the
limits of the I-15/French Valley Parkway Improvements Project (Project). City completed Phase
I of the Project, which was designed to provide interim relief by widening the existing southbound
off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley
Parkway and construction of the westbound portion of French Valley Parkway between the new
off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane
northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange
northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215.
B. Phase II is identified in the City's Capital Improvement Program Budget for Fiscal
Years 2022-26.
C. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a
Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant
to Agreement 08-1667, City is the implementing agency for right of way and is responsible for
acquisition of the property interests needed for Phase II.
D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The
City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula
and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements
Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City
of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). Pursuant to the
Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to
cooperate on right-of-way issues in connection with Phase II. Murrieta agreed and acknowledged
that the City could acquire property located in the City of Murrieta. The City and Murrieta also
agreed and acknowledged that each City may exercise the power of eminent domain to acquire
real property for a public use if each City meets all legal requirements, including the payment of
just compensation to the owner or into the court for the benefit of the owner. (California
Constitution, Article 1, Section 19).
E. Ynez Acres, a general partnership and Ynez Acres II, a California general
partnership (collectively "Owner") is the record owner of that certain vacant real property located
at 26155 Ynez Road, in Temecula, California, and identified as Riverside County Tax Assessor's
Parcel Numbers 910-271-002, 910-271-005, 910-271-006, 910-271-007 & 910-271-008 and more
fully described on Exhibit "A" hereto (collectively "Property"). The Property is a vacant parcel
that is approximately 692,282 square feet (15.893 acres) in size. Ynez Acres, a general partnership
owns the portion of the Property identified as APNs 910-271-005, 910-271-006, 910-271-007, and
910-271-008. Ynez Acres II, a California general partnership owns the portion of the Property
identified as APN 910-271-002. The Property is encumbered by, and thus has a servient estate in,
an approximate 18,033 square foot non-exclusive access and parking easement located along the
southern boundary of the Property adjacent to the property located at 26201 Ynez Road, Temecula,
identified as APN 910-281-001 (`BRE 26201 Property"), which is owned by BRE 26201 Ynez
Owner, LLC. The Property also benefits from, and thus has a dominant estate in, an approximate
21,754 square foot non-exclusive access and parking easement on the BRE 26201 Property as
shown on Exhibit B hereto (`BRE 26021 Easement Area"). The Property and BRE 26201
Easement Area are referred to collectively as the "Larger Parcel"
F. Phase II requires the acquisition of the following real property interests from the
Larger Parcel (referred to below collectively as the "Subject Property Interests") for public use,
namely public street and highway purposes, retaining wall construction, drainage, public utilities,
and all uses necessary or convenient thereto in connection with the City's proposed construction
of Phase II:
(i) A fee interest in an approximate 2,240 square foot portion of the Larger
Parcel identified as Caltrans Parcel 24616-1 and in an approximate 8,142
square foot portion of the Larger Parcel identified as Caltrans Parce124617-
l. Caltrans Parcel 24616-1 is located on APN 910-271-002 and is described
on Exhibit "C-l" to the Agreement. Caltrans Parcel 24617-1 is located on
APN 910-271-005 and is described on Exhibit "C-2" to the Agreement. The
partial fee areas the City seeks to acquire described in Caltrans Parcel
24616-1 and in Caltrans Parcel 24617-1 are referred to below collectively
as "Subject Fee Properties".
(ii) A permanent footing easement on an approximate 3,127 square foot portion
of the Larger Parcel identified as Caltrans Parcel 24616-2 and an
approximate 2,304 square foot permanent footing easement on the portion
of the Larger Parcel identified as Caltrans Parcel 24617-2. Caltrans Parcel
24616-2 is located on APN 910-271-002 and is described on Exhibit "C-3"
to the Agreement. Caltrans Parcel 24617-2 is located on APN 910-271-006
and is described on Exhibit "C-4" to the Agreement. The permanent footing
easements described in Caltrans Parcel 24616-2 and Caltrans Parcel 24617-
2 are referred to below collectively as the "Footing Easements".
(iii) Three temporary construction easements with a term of twenty-eight (28)
months to help facilitate the City's construction of Phase II: (i) An
approximate 3,147 square foot temporary construction easement with a term
of twenty-eight (28) months on the portion of the Larger Parcel identified
as Caltrans Parcel 24616-3; (ii) An approximate 4,615 square foot
temporary construction easement with a term of twenty-eight (28) months
on the portion of the Larger Parcel identified as Caltrans Parcel 24617-3;
and (iii) An approximate 600 square foot temporary construction easement
with a term of twenty-eight (28) months on the portion of the Larger Parcel
identified as Caltrans Parcel 24617-4. Caltrans Parcel 24616-3 is located
on APN 910-271-002 and is described on Exhibit "C-5" to the Agreement.
Caltrans Parcel 24617-3 is located on APN 910-271-006 and is described
on Exhibit "C-6" to the Agreement. Caltrans Parcel 24617-4 is located on
APN 910-271-005 and is described on Exhibit "C-7" to the Agreement. The
three temporary construction easements with a term of twenty-eight (28)
months described in Caltrans Parcel 24616-3, Caltrans Parcel 24617-3, and
Caltrans Parcel 24617-4 are referred to below collectively as the "TCEs".
(iv) Seller's interest in and to (i) an approximate 1 square foot portion of the
footing easement on the access and parking easement (dominant estate
interest) located on the portion of the BRE 26201 Property included within
the legal description of Caltrans Parcel 25216-2 that benefits the Property
and (ii) an approximate 152 square foot portion of the temporary
construction easement with a term of twenty-eight (28) months on the
access and parking easement (dominant estate) portion of the BRE 26201
Easement Area included within the legal description of Caltrans Parcel
25216-3 that the City seeks to acquire on the BRE 26201 Easement Area
that benefits the Property. Caltrans Parcel 25216-2 is described on Exhibit
"C-8" to the Agreement. Caltrans Parcel 25216-3 is described on Exhibit
"C-9" to the Agreement. Seller's interest in the approximate 1 square foot
footing easement and in the approximate 152 square foot temporary
construction easement that the City seeks to acquire on the BRE 26201
Easement Area is referred to below as "Dominant Estate Interest in Access
and Parking Easement".
G. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City
Council set just compensation for the Subject Property Interests at the fair market value as
determined by the City's independent appraiser. The City Council also authorized the Director of
Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property
Interests. The City and its consultant, Overland, Pacific & Cutler, extended a written offer dated
October 8, 2021 to the Owner of the Property to purchase the Subject Property Interests at the fair
market value established by the City's independent appraiser. The Parties negotiated the City's
acquisition and use of the Subject Property Interests and have reached an Agreement, subject to
ratification by the City Council.
H. Under the Agreement, the total Purchase Price the City will pay for the Subject
Property Interests is the sum off $520,00 ("Purchase Price") for the (i) Subject Fee Properties, (ii)
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Footing Easements, (iii) use of the three TCEs for a term of twenty-eight (28) months and (iv)
Seller's Dominant Estate Interest in Access and Parking Easement, including the full and complete
consideration and payment of just compensation for the Subject Property Interests, severance
damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal
costs, loss of rents, lost profits, impact to any parking spaces located within the 1 square foot
portion of the footing easement City seeks to acquire on Caltrans Parcel 25216-2 described in
Exhibit "C-8" to the Agreement, and use of the 152 square foot portion of the temporary
construction easement City seeks to acquire on Caltrans Parcel 25216-3 described in Exhibit "C-
9" to the Agreement, any other damages of every kind and nature suffered by Seller by reason of
City's acquisition of the Subject Property Interests, and all costs and expenses whatever in
connection therewith..
I. At its meeting of February 23, 2010, the City Council approved the Mitigated
Negative Declaration for the I-15/French Valley Parkway Improvements Project. The City
Council found that based on the record before it (1) the Mitigated Negative Declaration was
prepared in compliance with California Environmental Quality Act (CEQA); (2) there is no
substantial evidence that the Project will have a significant effect on the environment that cannot
be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the
independent judgment and analysis of the City Council. The City duly filed the Notice of
Determination in accordance with CEQA.
Section 2. Approval of Purchase and Sale Agreement The City Council hereby
approves the Purchase and Sale Agreement and Joint Escrow Instructions between the City of
Temecula, Ynez Acres, and Ynez Acres II in Connection with I-15/French Valley Parkway
Improvements — Phase II (Portions of APNs 910-271-002, 910-271-005, 910-271-006, 910-271-
007 & 910-271-008) in substantially the form attached, with such changes as the City Manager
and Owner may mutually agree to that are approved by the City Attorney's Office.
Section 3. Environmental Analysis. The environmental effects of the acquisition of
the Subject Property Interests were studied as an integral part of the Mitigated Negative
Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings
made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative
Declaration are the appropriate findings for the acquisition of the Subject Property Interests. A re-
validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection
with the attached Agreement, City staff reviewed all of the environmental documentation prepared
in connection with the Phase II project, including, but not limited to, the re -validation of the
Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental
study, the mitigation monitoring program and agenda report related to the approval of the
Mitigated Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines
and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes
have occurred in the Phase II project and that the City has obtained no new information of
substantial importance that would require further environmental analysis. These environmental
findings are the appropriate findings with respect to the proposed acquisition of the Subject
Property Interests.
Section 4. City Manager's Authority. The City Manager is authorized to execute the
Agreement in substantially the form attached, with such changes as the City Manager and the
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Owner may mutually agree to that are approved by the City Attorney's Office. A copy of the final
Agreement shall be placed on file in the Office of the City Clerk. 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
escrow instructions, Certificates of Acceptance, and other similar agreements and documents as
contemplated by or described in the Agreement or as necessary and convenient to effectuate the
transaction contemplated therein.
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 22°d day Of February, 2022.
ATTE
Randi o , City Clerk
[SEAL]
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Matt Rahn, Mayor
C
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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. 2022-15 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22"d day of February, 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
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Randi Johl, City Clerk
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