HomeMy WebLinkAbout2022-31 CC Resolution RESOLUTION NO. 2022-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AGREEMENT PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 BETWEEN
WOODSIDE 05S, LP AND WINGSWEEP CORPORATION
AND CITY OF TEMECULA FOR ACQUISITION OF
CERTAIN PROPERTY INTERESTS (CALLE
GIRASOL/NICOLAS ROAD CONNECTION)
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.
B. The City originally approved the Development Agreement between the
City of Temecula and Ashby USA, LLC (also known as the Pre-annexation and Development
Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on
January 9,2003 as Document No.2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the
Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February
14,2006 and recorded on March 7,2006 in the Official Records of Riverside County as Document
No. 2006-0162268; (2)the Second Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the
Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third
Amendment to the Development Agreement dated March 8,2016,and recorded on April 20,2016
in the Official Records of Riverside County as Document No. 2016-0156276. Developer
Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California
corporation(collectively"Developer")are the successors to certain of these approved applications
for development and propose to construct the Sommers Bend Project("Sommers Bend Project"or
"Development Project").
C. 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 3.A. to Exhibit D contained
a specific condition of approval requiring Developer to construct certain off-site public
improvements in connection with the Nicolas Road and Calle Girasol Street Improvements
(Project Numbers: LD20-1114, PW20-14) ("Nicolas/Calle Girasol Street Improvements").
D. Satisfaction of the Nicolas/Calle Girasol Street Improvements involves
the acquisition of certain real property interests from four parcels that are neither owned by the
Developer or City (hereby referenced as "Off-site Properties") described in the Exhibits to the
attached Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S, LP
and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests
I
(Calle Girasol/Nicolas Road Connection) ("Agreement"). The property interests required from
the Off-site Properties include certain temporary construction easements,rights to construct certain
improvements, permanent maintenance and access easements, and a conservation easement in
connection with the Nicolas/Calle Girasol Improvements.
E Pursuant to California Government Code Section 66462.5, when a
condition of a subdivision map approval or a development agreement requires the installation or
construction of improvements on off-site property not owned or controlled by a developer, and
title cannot be obtained by negotiated purchase, a city is required to commence proceedings to
acquire off-site property by eminent domain or such off-site improvement conditions will be
waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into
an agreement to allocate the costs and responsibilities for acquisition of such off-site property.
The City and the Developers negotiated the terms of the attached Agreement pursuant to
Government Code Section 66462.5.
F. Under the Agreement, City will follow the pre-acquisition steps for
acquisition of the Off-site Properties. The Agreement provides that City has-exclusive control of
the acquisition of the Off-site Properties,and the sole and exclusive discretion to adopt a resolution
of necessity to authorize the acquisition of said property interests by eminent domain. It also
provides that the City and Developer will cooperate with each other in connection with the
acquisition process and keep each other fully advised of the progress of the acquisition of the Off-
site Properties. It provides that the Developer is solely responsible for all costs relating to the
acquisition of the Off-site Properties. It provides that Developer will deposit $80,000 with the
City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition
costs. Developer is required to maintain the balance in the Separate Fund at $20,000. It also
provides that if Developer independently acquires any of the Off-site Properties by negotiated
purchase after an eminent domain proceeding is filed by the City, Developer will immediately
notify the City. In such case, City will take steps to abandon all or any unnecessary part of the
proceeding. Developer is responsible for any and all costs relating to any such abandonment,
including all costs, expenses, and/or damages related thereto, including but not limited to
condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure
Section 1268.610 et seq.
Section 2. Approval of Agreement. The City hereby approves that Government Code
Section 66462.5 Agreement Between Woodside 05S, LP and Wingsweep Corporation and City of
Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection).
Section 3. City Manager Authority. The City Manager is authorized to execute all
necessary documents and to take all steps necessary steps to effectuate the purposes of the
Agreement.
Section 4. Certification. The City Clerk shall certify the adoption of this Resolution.
2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 12`h day of April, 2022.
Matt Rahn, Mayor
ATTEST:
Randi hl, City Clerk
[SEAL]
3
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. 2022-31 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 12th day of April, 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