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Home My WebLink About2022-47 CC Resolution RESOLUTION NO. 2022-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE, FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT PURPOSES, AND ALL USES NECESSARY OR CONVENIENT THERETO ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003 AND 957-130-013) AND AUTHORIZING THE QUITCLAIM OF THE CITY'S INTEREST IN SAID EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. 111 A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement between the City of Temecula and Ashby USA,LLC(also known as the Pre-annexation and Development Agreement) executed pursuant to Ordinance No. 02-14. 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 its Exhibit D. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek referred to as the "Project" include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District("District"). C. It was necessary for the City to acquire an approximate 325 square foot permanent easement ("Subject Easement") over portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and further identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") in connection with the Project. The Property consists of approximately 158,558 square feet of vacant, unimproved land. It is encumbered by two Irrevocable Offers of Dedication ("Dedications") in favor of the "District". One Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290814 of Official Records of the County of Riverside. This first Irrevocable Offer of Dedication dedicates an easement area of approximately 38,338 square feet over portions of the Subject Property identified as APN 957-130-013. The second Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290972 of Official Records of the County of Riverside. This second Irrevocable Offer of Dedication dedicates an easement area of approximately 100,795 square feet over portions of the Subject Property identified as APN 957-130-003. D. The Subject Easement represents the small area that was not previously acquired for the Project. The Subject Easement is necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot easement area. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek comprising the Project are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of Santa Gertrudis Creek. After its acquisition of the Subject Easement, the City proposed to transfer its rights to the 325 square foot Subject Easement to the District for maintenance. E. Pursuant to Government Code Section 7260 et seq.,the City obtained a fair market value appraisal of the Subject Easement and set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on an August 18, 2020 date of value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC ("Property Owner"), via certified mail and regular first-class mail, to purchase the Subject Easement at the fair market value established by the City's independent appraiser. The parties negotiated in good faith the City's purchase of the Subject Easement but had not reached a negotiated agreement for the purchase of the Subject Easement as of August 24, 2021. F. On August 24, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law(Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes,and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek(325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013). G. Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the Property Owner on October 12, 2021 in Riverside County Superior Court, Case No. CVSW2108934 ("Eminent Domain Proceeding"). After the commencement of the Eminent Domain Proceeding,the parties resumed their negotiations and reached an agreement on the terms 111 of the City's purchase of the Subject Easement. 2 H. On January 18, 2022, the City Council of the City of Temecula adopted Resolution No. 2022-03 approving a Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between the City and the Property Owner for the acquisition of the Subject Easement ("Agreement"). Escrow for the City's acquisition of the Subject Easement closed on May 6,2022. The City acquired title to the Subject Easement pursuant to that certain Grant Deed recorded on May 6, 2022 as Document No. 2022-0212716 of Official Records of the County of Riverside. Pursuant to the Agreement, the City filed a Request for Dismissal of the Eminent Domain Action on May 13, 2022. Accordingly, it is necessary for the City to rescind Resolution No. 2021-47. I. The City has authority to rescind Resolution No. 2021-47 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law. J. The City is now vested with title to the Subject Easement. The City's quitclaim to the District of the City's interest in and to the Subject Easement is the last step required by the City in connection with this acquisition. Section 2. Adoption of Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim of the City's Interest to the Riverside County Flood Control and Water Conservation District. The City Council of the City of Temecula adopts Resolution No. 2022-47, A Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013)and Authorizing the Quitclaim of the City's Interest in Said Easement to the Riverside County Flood Control and Water Conservation District. Section 3. Authorization to Quitclaim to the Riverside County Flood Control and Water Conservation District the City's Interest in the Subject Easement. The City Council hereby authorizes the City Manager to execute the Quitclaim Deed, which quitclaims to the Riverside County Flood Control and Water Conservation District the City's interest in the approximate 325 square foot Subject Easement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST Randi o 1, City Clerk [SEAL] 4 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. 2022-47 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022,by the following vote: AYES: 3 COUNCIL MEMBERS: Edwards, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Alexander, Rahn Randi Johl, City Clerk 5