HomeMy WebLinkAbout10-080 CC Resolution RESOLUTION NO. 10-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING, IN SUBSTANTIALLY THE
FORM ATTACHED, THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AND DONATION
AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE CITY OF TEMECULA AND BORCHARD-
TEMECULA, L.P. REGARDING THE REAL PROPERTIES
IDENTIFIED AS RIVERSIDE COUNTY TAX ASSESSOR'S
PARCEL NUMBERS 961-440-007, 961-440-008, 961-440-
009, 961-440-012 AND 961-450-014 (CONVEYANCE OF
OPEN SPACE LAND)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findinqs. Borchard-Temecula, L.P., a California Limited
Partnership is the fee owner of approximately 57.37 acres of vacant land located
southeast of Pechanga Parkway and Temecula Parkway, in the City of Temecula,
identified as Riverside County Assessor's Parcel Numbers 961-440-007, 961-440-008,
961-440-009, 961-440-012, and 961-450-014). Borchard-Temecula recently offered to •
sell/donate to the City of Temecula 55.67 acres of the above parcels for $1.00. The
55.67 acres are referred to below collectively as the "Subject Property".
A. The Subject Property does not include the approximate 1.7 acre
area in fee from the real property identified as Assessor's Parcel Number 961-
450-014 that is the subject of the eminent domain proceeding titled City of
Temecu/a v. Borchard-Temecula, et al., which was filed by the City of Temecula
on February 17, 2009 as Riverside County Superior Court Case No. RIC 519298
to acquire certain real property interests for conservation purposes, and all uses
necessary or convenient thereto in connection with the Pechanga Parkway Storm
Drain Improvements — Environmental Mitigation (Project PW 99-11 EM). The City
and Borchard-Temecula, L.P. agreed that they would resolve the acquisition of
the 1.7-acre area in fee from Assessor's Parcel Number 961-450-014 through the
eminent domain proceeding.
B. The City's acquisition of the Subject Property is in the public
interest and necessity because it would maintain the open-space character of the
Subject Property. In addition, the City's acquisition of the Property would allow
the City to have additional land for environmental/conservation purposes if
necessary for future mitigation use by the City on other projects.
Section 2. Approval of Purchase and Sale Aqreement. The City Council
of the City of Temecula hereby approves that certain agreement entitled "Purchase and
Sale And Donation Agreement and Joint Escrow Instructions Between the City of
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Temecula and Borchard-Temecula, L.P. Regarding the Real Properties Identified as
Riverside County Tax Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440-
009, 961-440-012 and 961-450-014 (Conveyance of Open Space Land)" ("Agreement"),
with such changes in the Agreement as may be mutually agreed upon by Borchard-
Temecula, L.P. and the 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. The City shall place in the Office of the
City Clerk a copy of the final Agreement when executed by the Mayor.
Section 3. City Manaqer'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 grant deeds, acceptances,
escrow instructions, certificates, actions relating to clearing the encumbrances and
assessments on the Subject Property, and other similar agreements and documents as
contemplated by or described in the Agreement or as necessary and convenient to
implement the Agreement.
Section 4. Environmental Analysis. The City has determined that the
acquisition of the Subject Property pursuant to the Agreement is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to legal
authority, including but not limited to Section 15317 of the CEQA Guidelines (14 Cal.
Code Regs. § 15317). The Subject Property is open-space land that is subject to
several conservation easements. The City's acquisition of the Subject Property would
maintain its open-space character.
Section 5. 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 9th day of November, 2010.
�-
Jeff Comerchero, Mayor
ATTEST:
Susan . Jon s, MMC
City Cler
[SEALJ
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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. 10-80 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 9th day of November, 2010, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Edwards
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan W. Jones, MMC
City Clerk
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