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HomeMy WebLinkAbout11-062 CC Resolution RESOLUTION NO. 11-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND SCOTT TRAVERS IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PROJECT NUMBER PW00-26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project — Project Number PW00-26 ("Proposed Project") is identified in the City's Capital Improvement Program for Fiscal Years 2012-2016. The Proposed Project would extend Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The purpose of the Proposed Project is to improve safety and traffic circulation in the area. B. The construction of the Proposed Project would require the acquisition of certain real property interests from six parcels. The Proposed Project would require the acquisition of an approximate 404 square foot permanent easement for public street purposes and an approximate 2,507 square foot temporary construction easement with a term of 18 (eighteen) months on the real property commonly known as 27512 Enterprise Circle West, Temecula, and identified as Riverside County Assessor's Parcel Number 921-480-019. The approximate 404 square foot permanent easement for public street purposes and the approximate 2,507 square foot temporary construction easement are referred to below as the "Subject Property Interests". C. Pursuant to Government Code Section 7267.2, on March 22, 2011, the City Council set just compensation for the Subject Property Interests at their fair market value as determined by the City's independent appraiser based on a February 7, 2011 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests. D. On May 11, 2011 the City extended a written offer to Scott Travers, the record owner of the Subject Property Interests, offering to purchase the Subject Property Interests for the fair market value of $9,013.00. The property owner accepted the City's offer. E. � At its meeting of February 27, 2001, the City Council approved the Negative Declaration for Environmental Assessment No. 75 for the temporary low flow crossing at Murrieta Creek and the proposed permanent crossing of Murrieta Creek, R:/Resos 2011/Resos 11-62 1 which is the Proposed Project. The City Council found that based on the record before it (1) the Negative Declaration for Environmental Assessment No. 75 was prepared in compliance with California Environmental Quality Act ("CEQA"); (2) there is no substantial evidence that the Proposed Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Negative Declaration for Environmental Assessment No. 75 reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA. 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 Agreement and Joint Escrow Instructions Between the City of Temecula and Scott Travers in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road — Project Number PW00-26" ("Agreement") with such changes in the Agreement as may be mutually agreed upon by Scott Travers 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 herby 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. This approval of the Agreement is not an announcement of the City's intent to acquire any other real property interests for the Proposed Project and does not commit the City to acquire any other real property interests for the Proposed Project. Section 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 grant deeds, acceptances, escrow instructions, certificates, estoppel letters, 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 Analvsis. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Negative Declaration for Environmental Assessment No. 75 approved for the Proposed Project. The findings made by the City Council at its meeting on February 27, 2001 in approving the Negative Declaration for Environmental Assessment No. 75 are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Proposed Project, including, but not limited to, the Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Proposed Project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental R:/Resos 2011IResos 11-62 2 findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. 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 13th day of September, 2011. / Ron Roberts, Mayor ATTEST: usan W Jone , MMC Ci [SEAL] R:/Resos 2011/Resos 11-62 3 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. 11-62 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of September, 2011, by the following vote: AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Comerchero ABSTAIN: 0 COUNCIL MEMBERS: None �t_J Susan W. Jones, MMC City Clerk R:/Resos 2011/Resos 11-62 4