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HomeMy WebLinkAbout10-10 RDA Resolution RESOLUTION NO. RDA 10 -10 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "GRANT OF TEMPORARY CONSTRUCTION EASEMENT" FROM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO THE CITY OF TEMECULA (APNS 922 - 053 -020 AND -021) THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Redevelopment Agency of the City of Temecula ( "Agency ") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ( "CRL "), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment. agency pursuant to action of the City Council of the City of Temecula. B. - On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988 -1" (hereafter the "Plan ") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area ") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91- 11, 91 -14, and 91 -15 (codified in Chapter 2.52 of the Temecula Municipal Code) establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91 -15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Redevelopment Agency proposes to provide to .the City of Temecula ( "City ") a temporary construction easement with a term of eighteen months over all of the real properties commonly known as 28640 Pujol Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers 922 - 053 -020 and -021 (collectively the "Property ") in connection with the City's proposed replacement of the Main Street bridge. The bridge replacement is necessary for the proposed widening and improvement of Murrieta Creek adjacent to the Old Town Area of the Project Area ( "Murrieta Creek Improvements ") under design by the Riverside County Flood Control and Water Conservation District and the U.S. Army Corps of Engineers. The Murrieta Creek Improvements will be of benefit to the Project Area because the improvements will reduce the risk of flooding in the Old Town Area and assist in the elimination of blight in that portion of the Project Area. R: /RDA Resos 2010 /RDA 10 -10 1 D. The grant of the temporary construction easement from the Redevelopment Agency to the City would allow the City to use the Property to facilitate the construction of the bridge replacement, for access and right -of -way purposes and for construction staging purposes in connection with the City's replacement of the Main Street bridge. The eighteen -month term would commence on the issuance by the City of a Notice to Proceed to the contractor that is chosen by the City to construct the bridge replacement. The grant of the temporary construction easement on the Property is consistent with the Plan and the Implementation Plan. The Agency retains the fee ownership of the Property. Section 2. Approval of Grant of Temporary Construction Easement and Authority of Executive Director to Implement the Grant of the Temporary Construction Easement. The Redevelopment Agency hereby approves that certain "Grant of Temporary Construction Easement" from the Agency to the City ( "TCE "), with such changes in the TCE as may be mutually agreed upon by the Executive Director of the Agency and the Director of Public Works as are in substantial conformance with the form of such TCE on file in the Office of the Agency Secretary. The Chairman is hereby authorized to execute the TCE, on behalf of the Agency. A copy of the TCE recorded in the Official Records of the County of Riverside shall be placed on file in the Office of the Agency Secretary. Section 3. Executive Director's Authority. The Executive Director (or his designee) is hereby authorized, on behalf of the Agency, to take all actions necessary and convenient to carry out and implement the TCE, and to administer the Agency's obligations, responsibilities and duties to be performed under the said TCE, including but not limited to, approval and execution on behalf of the Agency of the TCE, revisions to legal descriptions, grant of temporary construction easement, acceptances, escrow instructions, certificates, estoppel letters, and other documents as contemplated by the TCE or as necessary and convenient to implement the TCE. Section 4. Authority of Director of Public Works. Director of Public Works is hereby authorized to accept the TCE on behalf of the City. Second 5. Certification. The Secretary/City Clerk shall certify the adoption of this Resolution. R: /RDA Resos 2010 /RDA 10 -10 2 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 10th day of August, 2010. Michael S. Nagga , hairperson ATTEST: Lj Susan . Jo es, MMC Cl k/Boa Secreta [SEAL] R: /RDA Resos 2010 /RDA 10 -10 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 10 -10 was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 10th day of August, 2010, by the following vote: AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None Susan . Jones, MMC Ci Clerk/ oard Secretary R: /RDA Resos 2010 /RDA 10 -10 4