HomeMy WebLinkAbout10-076 CC Resolution RESOLUTION NO. 10-76
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" (LOWE TRUST PROPERTY)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1. Findinqs. 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 October 5, 2010
entitled "Agreement for Purchase and Sale of Real Property with Escrow
Instructions" with John P. Lowe and Shirley G. Lowe, Trustees of the
Lowe Family Trust, dated December 26, 2002 ("Purchase Aareement")
for the purchase of approximately 4.72 acres of real property located on
the east side of Via Horca, in unincorporated Riverside County and butting
the City of Temecula, Assessor's Parcel Number 940-140-012 (the
"Pro e ") more particularly described in Exhibit "A", attached hereto and
incorporated herein as though set forth in full.
B. RCA will dedicate the Property to open space uses with public trails.
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.
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E. Acquisition of the Property by RCA with the funding 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 public purposes and provisions of applicable State
and local law requirements.
2. Approval of Fundinq Aqreement. 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. Citv Manaqer's Authoritv. 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 12th day of January, 2010.
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Jeff Comerchero, Mayor
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ATTEST:
Susan . Jon s, MMC
City CI k
[S EAL]
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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. 10-76 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26 day of October, 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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Susa W. Jones, MMC
City Clerk
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EXHIBIT A .
LEGAL DESCRIPTION
All that certain real property situated in the County of Riverside, State of California, described as
follows: .
Lot 10 of.Tract No. 25980 as shown_by map on file in Book 243; Pages 92 through 96, inclusive
of Maps; records of Riverside Courity, California
Assessor Parcet No. 940-140-012-5
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