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Home My WebLink About13-033 CC Resolution RESOLUTION NO. 13-33 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 FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findincts. A. The City of Temecula and the California Department of Transportation (Caltrans) have worked cooperatively on the proposed Interstate 15/State Route 79 South Ultimate Interchange Project — Project Number PW04-08 (Proposed Project). The Proposed Project would modify the existing interchange to address operational deficiencies and accommodate anticipated local and regional traffic increases. Improvements include reconfiguration of the southbound ramps, widening of the northbound ramps, and widening of State Route 79 South. B. In 2009, Caltrans approved the project through approval of the Project Report on October 8, 2009, approval of the Initial Study with Negative Declaration on June 10, 2009 in accordance with the California Environmental Quality Act, and approval of the Categorical Exclusion on June 10, 2009 in accordance with the National Environmental Policy Act. C. The Project Report and Environmental Documents include the real property commonly known as 44987 Old Town Front Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210- 059 (subject property) as impacted by partial acquisition and temporary construction easement. As part of subsequent, design-level evaluation it was determined that the project would necessitate a full acquisition of the subject property due to impacts on the highest and best use of which the subject property is currently operating. Resos 13-33 � D. On May 11, 2012, the City extended a written offer to the property owner, Front St. — Service Station, LP, and began formal negotiations to acquire the subject property. Negotiations concluded with the owner accepting an offer extended by the City on April 26, 2013. The primary monetary terms of the agreements include $4,265,615.00 (Purchase Price), $230,819.00 (Additional Consideration), and $1,103,000.00 (Total Loss of Business Goodwill). The terms of the agreements also provide for the current owner to lease back the subject property at the rate of $16,600.00 per month under a Triple Net Lease. All monetary terms are based on independent, professional appraisals and studies. Section 2. Approval of Purchase and Sale Aqreement and All-Inclusive Settlement Aqreement. The City Council of the City of Temecula herby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08)" and that certain agreement entitled "All-Inclusive Settlement Agreement and General Release Between the City of Temecula and Front St. — Service Station, L.P. (Interstate 15/State Route 79 South Ultimate Interchange Project) (Project Number PW04-08)", with such changes in the Agreements as may be mutually agreed upon by Front St. — Service Station, LP and the City Manager as are in substantial conformance with the form of such Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute. the Agreements on behalf of the City. A copy of the final Agreements 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 interest for the Proposed Project and does not commit the City to acquire any other real property interest 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 Agreements, and to administer the City's obligations, responsibilities, and duties to be performed under the said Agreements, 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 by the Agreements or as necessary and convenient to implement the Agreements. The City Manager (or his designee) is also hereby authorized on behalf of the City to execute the Lease Agreement Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08), with such changes in the Lease as may be mutually agreed upon by Front St. — Service Station, LP and the City Manager, as are in substantial conformance with the form of the Lease attached as Exhibit "F" to the Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Front St. — Service Station, LP (Interstate 15/State Route 79 South Ultimate Interchange) (Project Number PW04-08). Resos 13-33 2 Section 4. Environmental Analysis. The environmental effects of the Project and the acquisition of property required for the Project were studied as an integral part of the Negative Declaration adopted for the proposed Project. The analysis covered the properties required for the Project as well as the properties surrounding the Project. The City Council finds that no further environmental review is required pursuant to 14 Cal. Admin. Code §§ 15162 and 15163 of the State CEQA Guidelines Sections because none of the conditions stated therein exist. The configuration of the ramps and components of the Project will not need to be modified as a result of the acquisition of the subject property rather than only a portion of it. The acquisition of the full parcel of the subject property rather than a portion of it is required by Code of Civil Procedure due to the impact on the subject property of a portion of it and was, therefore, contemplated by the environmental analysis of the Project. The City Council further finds that the acquisition of the subject property interests by itself will have no impact on the environment as it is simply the change in ownership of the property adjacent to the Project and no changes in the physical conditions described in 14 Cal. Admin. Code §§ 15162 and 15163 are found to exist. Thus, the City Council determines that pursuant to the provisions of CEQA, and specifically 14 Cal. Admin Code §§ 15162 and 15163, neither a subsequent nor a supplemental Environmental Impact Report is required for the Purchase Agreement. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 th day of June, 2013. Michael S. N gar, Mayor ATTEST: � Susan . Jones, MMC City CI k [SEAL] Resos 13-33 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. 13-33 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of June, 2013, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None r Susan . Jones, MMC City Clerk Resos 13-33 4