HomeMy WebLinkAbout11-065 CC Resolution RESOLUTION NO. 11-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DRAINAGE EASEMENT
AGREEMENT AND GRANT OF TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT BETWEEN
THE CITY OF TEMECULA AND REGENT NICOLAS 73,
LLC IN CONNECTION WITH THE CITYWIDE STORM
DRAIN IMPROVEMENTS — CALLE FIESTA, PROJECT
NUMBER PW10-07
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findinqs. The City Council hereby finds, determines, and declares
that:
A. The Citywide Storm Drain Improvements - Calle Fiesta Storm Drain
Extension, Project Number PW10-07 ("Project") would install a 24" diameter storm drain
pipe (and appurtenances), two hundred fifty (250) feet in length, within a privately-
owned parcel located north of Calle Fiesta road. The purpose of the Project is to carry
storm water runoff originating from Calle Fiesta road to a point of low energy discharge
at the base of natural slope located on said private property.
B. On August 02, 2010, the City duly filed a Notice of Determination for
this Project in accordance with Section 21152 of the Public Resources Code. In
approving the Categorical Exemption, the City found that the Project will not have a
significant effect on the environment. The City approved the Project for solicitation of
bids on March 22, 2011.
C. The Project would require the acquisition of a drainage easement and
a temporary construction easement for the construction of certain improvements on
property owned by Regent Nicolas 73, LLC. Specifically, the Project would require that
Regent Nicolas 73, LLC grant to the City an approximate 5,008 square foot drainage
easement for public access purposes and all uses necessary or convenient thereto. As
part of the Project, the City would construct improvements in the 5,008 square foot
drainage easement area, including, but not limited to storm drain pipe, manholes and
energy dissipater. Pursuant to the Temporary Construction Easement Agreement,
Regent Nicolas 73, LLC would grant to the City a right of entry on the real property
owned by the Regent Nicolas 73, LLC that is described in the Temporary Construction
Easement Agreement to facilitate the City's construction of the Project. The nature and
scope of activities reasonably necessary to facilitate the City's construction of the
Project may include, but are not limited to, the demolishing existing rip rap and
headwalls, and the installation of storm drain pipes, manholes and inlets, junction
structures, backfill and compaction of eroded gullies, erosion control, hydro seeding and
re-establishment of a survey property corner monument.
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Section 2. DrainaQe Easement Aqreement. Based on the findings set forth
in this Resolution, the City Council hereby approves the Drainage Easement Agreement
between the Regent Nicolas 73, LLC and the City of Temecula.
Section 3. Grant of Temporarv Construction Easement Aqreement.
Based on the findings set forth in this Resolution, the City Council hereby approves the
Grant of Temporary Construction Easement from the Regent Nicolas 73, �LC.
Section 4. 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 Drainage Easement Agreement and the Grant of
Temporary Construction Easement Agreement, and to administer the City's obligations,
responsibilities and duties to be performed under said Drainage Easement Agreement
and the Grant of Temporary Construction Easement Agreement.
Section 5. Environmental Analysis. The environmental effects of the
acquisition of the above real property interests and construction of the proposed
drainage improvements were studied as part of the determination of a Categorical
Exemption status adopted for the proposed Project. The findings made by the City in
connection with the adoption of the Categorical Exemption are the appropriate findings
for the acquisition of the Drainage Easement and Temporary Construction Easement
and proposed storm drain improvements. Pursuant to the criteria of Section 15304 of
the CEQA Guidelines, City staff concluded that the Project would not have a significant
effect on the environment and was Categorically Exempt under Section 15304 Class 4f
(Minor trenching and backfilling where the surface is restored). These environmental
findings are the appropriate findings with respect to the proposed acquisitions of the
Subject Property Interests.
Section 6. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of September, 2011.
� ,
Ron Roberts, Mayor
ATTEST:
Susan W. Jone MMC
't Cler
[SEAL]
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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. 11-65 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27th day of September, 2011, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susa W. Jones, MMC
City Clerk
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