HomeMy WebLinkAbout10-002 CC Resolution1
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trails.
RESOLUTION NO. 10 -02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "AGREEMENT FOR FUNDING
THE ACQUISITION OF OPEN SPACE PROPERTY
BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL
CONSERVATION AUTHORITY AND CITY OF
TEMECULA"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
1. Findings. The City Council hereby finds, determines and declares that:
A. The Western Riverside County Regional Conservation Authority
( "RCA ") has entered into that certain agreement dated as of January 12, 2010, entitled
"Agreement for Purchase and Sale of Real Property with Escrow Instructions" with N &
A Development and Leasing Company, Inc. ( "Purchase Agreement ") for the purchase of
approximately 49.62 acres of land west of the City of Temecula (the "Property ") as
identified on Exhibit A, Legal Description, of the Purchase Agreement.
B. RCA will dedicate the Property to open space uses with public
C. The Property is located outside of the City boundaries, but within
the City's Sphere of Influence.
D. Acquisition of the Property and its dedication to open space and
trail purposes will provide substantial value to the City of Temecula. The Property is a
prominent natural feature dominating the western viewscape for the City in the areas
known as the "Escarpment." Use of the Property for these purposes the fulfills goals
and policies of the Open Space /Conservation Element of the General Plan for the City
of Temecula and particularly the following: Goal 3, conservation of important biological
habitats and protection of plant and animal species of concern, wildlife movement
corridors, and general biodiversity; Goal 5, conservation of open space areas for a
balance of recreation, scenic enjoyment, and protection of natural resources and
features; Policy 5.1, conserve the western escarpment and southern ridgelines, the
Santa Margarita River, slopes in Sphere of Influence; and Goal 8, development of a trail
system that serves both recreational and transportation needs.
E. Acquisition of the Property by RCA with the contribution from the
City and the dedication of the Property to open space and trail purposes is consistent
with the City's General Plan and each element thereof.
F. The City Council has duly considered all terms and conditions of
this Agreement and finds and determines that the Agreement is in the best interests of
the City and the health, safety, and welfare of their residents, and in accord with the
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public purposes and provisions of applicable State and local law requirements.
2. Approval of Funding Agreement. The City Council of the City of
Temecula hereby approves that certain agreement entitled "AGREEMENT FOR
FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN
RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF
TEMECULA" (the "Agreement "), with such changes in the Agreement as may be
mutually agreed upon by the RCA and City Manager as are in substantial conformance
with the form of such Agreement on file in the Office of the City Clerk. The Mayor is
hereby authorized to execute the Agreement, on behalf of the City. A copy of the final
Agreement when executed by the Mayor shall be placed on file in the Office of the City
Clerk.
3. 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 Agreement, and to administer the City's obligations,
responsibilities and duties to be performed under the said Agreement., including but not
limited to, approval and execution on behalf of the City of the such escrow instructions,
escrow agreements, implementing agreements, acceptances, certificates, estoppel
letters, implementing agreements and other similar agreements and documents as
contemplated by or described in the Agreement or as necessary and convenient to
implement the Agreement.
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 12 day of January, 2010.
ATTEST:
Z(j.
Susan . Jones, MMC
City Cle
[SEAL]
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Jeff Comerchero, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10 -02 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 12 day of January, 2010, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
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Susan Jones, MMC
City Clerk
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City
Criteria Cells
Project Site
Previously Acquired
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