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Home My WebLink About12-052 CC Resolution RESOLUTION NO. 12-52 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 RICHARD B. GURROLA AND VALERIE GURROLA, TRUSTEES OF THE GURROLA FAMILY TRUST UNDER DECLARATION DATED DEC. 27, 2001, ROBERT A. GURROLA, GARY S. GURROLA, AND RICHARD B. GURROLA IN CONNECTION WITH THE MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD — PW00-26 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs. A. The Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, 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 16,700 square foot permanent easement ("permanent easement") on the real property commonly known as 27495 Enterprise Circle West, Temecula, California and identified as Riverside County Tax Assessor's Parcel Number 921-480-013 ("Subject Property") for public street purposes and all uses necessary or convenient thereto. The Proposed Project would require the demolition of the existing approximate 10,000 square foot industrial building and would create a total approximate 8,985 square foot remainder parcel that consists of an approximate 3,207 square foot remainder on one side and an approximate 5,778 square foot remainder on the other side of the permanent easement. The City's appraisers concluded that in the after condition, the size of the remainder parcel would be significantly reduced and the improvements significantly impacted. Thus, the appraisers concluded that the approximate 8,985 square foot property remaining after construction of the proposed project would be of little or no utility or economic value to the record owners and thus these areas constituted an "uneconomic remnant". This uneconomic remnant would not satisfy the minimum lot size for building in the City's Service Commercial (SC) zone, building set back, site coverage or parking requirements. C. Pursuant to Government Code Section 7267.2, on March 22, 2011, the City Council set just compensation for the permanent easement and the Subject R:/Resos 2012/Resos 12-52 1 Property at the 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. D. On May 11, 2011, the City extended a written offer to the record owners Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001, Robert A. Gurrola, Gary S. Gurrola, and Richard B. Gurrola II to purchase the Subject Property in fee for the fair market value. Based on the impact of the Proposed Project on the Subject Property and the valuation analysis discussed above, the City offered to purchase the Subject Property in fee. E. City staff and the record owners negotiated the City's proposed purchase of the Subject Property and have reached an agreement, subject to approval of the City Council, for the City's acquisition in fee of the Subject Property for the purchase price of $1,242,000. The purchase price is within the amount the City Council previously authorized for negotiation and purchase of the Subject Property. The record owners agreed to sell the Subject Property in fee and have informed City staff that they do not wish to retain the uneconomic remnant described above. F. 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 at Murrieta Creek, 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 the 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. Section 2. A�proval 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 Richard B. Gurrola and Valerie M. Gurrola, Trustees of the Gurrola Family Trust Under Declaration Dated Dec. 27, 2001, Robert A. Gurrola, Gary S. Gurrola, and Richard B. Gurrola II in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road — PW00-26" ("Agreement"), with such changes in the Agreement as may be mutually agreed upon by the record owners 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. 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. R:IResos 2012/Resos 12-52 2 Section 3. City Manager'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 for assignment of the lease, right of entry and access agreement, grant deed, 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 Analysis. The environmental effects of the acquisition of the Subject Property 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. 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, no substantial changes have occurred in the circumstances under which the project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis, including the fact that no mitigation measures previousty found not to be feasible would in fact be feasible. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City C uncil of the City of Temecula this 26th day June of, 2012. % /,�'� j �,: _� %" � ,�� ) '�� / ,� �'''`�. ��- ; �� . �-- /� uck Washington, Mayor ATTEST: � �-*�2. �. , Susan W. Jones, MMC C ty C�e [SEAL] R:/Resos 2012/Resos 12-52 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. 12-52 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of June, 2012, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Edwards ABSTAIN: 0 COUNCIL MEMBERS: None /�/,J ��----,�- (� � `Susan W. ones, MMC , J �� City Clerk , R:/Resos 2012/Resos 12-52 4