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Home My WebLink About98-054 CC ResolutionRESOLUTION NO. 98-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN ACQUISITION AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 79 (SOUTH) AND LA PAZ ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1: declare that: The City Council of the City of Temecula does hereby find, determine and A. The County of Riverside proposes to sell a portion of property it is acquiring for right-of-way to facilitate the widening of Highway 79 (South). B. The Property is described in the Acquisition Agreement attached hereto. C. The Purchase Price of $187,530.00 for the Property does not exceed the fair market value of the Property. Section 2: The City Council hereby approves the Acquisition Agreement for the purchase of the Property and hereby authorizes the May to execute the Agreement on behalf of the City in substantially the form of the Agreement attached hereto as Exhibit "A". The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 3: The City Clerk shall certify the adoption of this Resolution. R:resos 98-54 1 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23rd day of June, 1998. ATTEST: Ron Roberts, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-54 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of June, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susa~ W. Jt~nes, CMC ctA,~ City Clerk R:resos 98-54 2 JUN-16-98 TUE 02:49 PM P, 02/O? Project: State Highway 79 (South) Parcel: APN: Portion 922-190.025 ACQU/SITION AGRE _I~IENT This Acquisition Agreement ("Agreement") is made this day of February, 1998, by and between the COUNTY OF RIVERSIDE ("County') and the C-ITY OF TEMECULA, a municipal corporation ("City") (collectively the "Parties"). In consideration of the premises and mutual promises set forth herein, the Paxties agree as follows: 1. This Agreement is made with respect to the following facts, which each party acknowledges and agrees to be m~e and correct: a. County has reached agreement with the owners of the property described in the Stipulation for ~Iudgmeat in Condemnation (hereinafter "Stipulation") for the acquisition of the property in Coun~ of Rivergde v. Rancho Community Reformed Church. etc.. eI aI., Riverside Supelior Court Case No. 277673 ("Condemnation Action"). A-copy of the Stipulation is attached hereto as Exhibit A. b. County de.sires to sell and City desires to acquire a portion of the property described in the Stipulation, which property is more particularly de. scribed on Exhibit B (hereinafar the "Property"). c. County has provided to City true and correct copies of a Preliminary Title Report for the Property dated as of luly 27, 1995, attached hereto as Exhibit C. d. A Phase I Environmental Site Assessment prepared by Geotechnical & Environmental Engineers, Inc., dated December 10, I997, is attached hereto as Exhibit D. e. Exhibits A, B, C and D are attached hereto and incorporated herein by this reference as though set forth in full. 2_,_ A condition for the Stipulation, attached as Exhibit A, is the ex. ecution of this Agreement and paym.ent of the Purcha..~ Price (defined in paragraph 3. below) by City to ¢oun.ty. - 3. The total purchase price for the .Property to be paid by Buyer is the sum of One Hundred Eighty-Seven Thousand Five Hundred Thirty Dollars arid Zero Cents ($187,530.00) (the "Purchase Price"). JUN-18-98 TUE 02:~0 PM P, 03/O? 4. The Property shall be conveyed to the City by Grant Deed. free and clear of any and ~I liens, encumbrances, easements, leases (recorded or unrecorded) and taxes, except those approved in wring by the City..The conveyance shall be_.made without an escrow, after Count.v. has duly .recorded a certified copy of the/udffment in the C.ondemnatio_n Action. 5~ The following apply. to _City: a~ _City ha~ approved the Stipulation. attached hereto as Elhibit A, b~ _City~ in its_ sole discretion. has approved the condition of title and acceptable_ exceptions to rifle: c. First American Title Company has committed to issue in favor of CiBt a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price. showing the. Property vested in Buyer subject only to the title exceptions approved by the Property: and CiD has approved. in its sole discretion, the physical con~lition of the City has approved the forIn of the Grant Deed_. 6. The property owners described in the Stipulation, Mark Moramaxco, Mike Mornmarco and the Temecula Land Trust (t~reinafter "Property Owners") shall indemnify, defend, protect and hold City, its officers, employees, agents, successors and assigns free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses, or expenses, including without limitation, attorneys' fees, arising from or mused in whole or in part, directly or indirectly, by either (a) the presence in, on, within, under, or about the Property of hazardous materials, toxic substances, or hazardous substances, or (b) Property Owners' or Property Owners' predecessors' failure to comply with any federal, state, or local laws relating to such materials or substances. For the purpose of this Agreement, such materials or substances shall include without limitation hazardous substances, hazardous materials, or toxic substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as mended, 42 U.S.C. Section 960I, el seq., the I4_a?_ardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., and those substances defined as hazardous wastes in Section 25117 of the California Health and Safety Code or baTardous substances in Section 25316 of the California Health and Safety Code, and in the regulations adopted in the publications promulgated pursuant to said laws. Property Owners shall be obligated hereunder to include without limitation, and whether foreseeable or unforeseenhie, all costs of any required or necessitated repair, cleanup, detoxificafion, or alecontamination of the Property, and the preparation and implementat/on of any closure, remedial action, or other required plans in connection therewith, and such obligation shall continue until the Property has been rendered in compliance with applicable federal, state, and local laws, statutes, ordinances, re~_ations and rules. -2- JUN-16-98 TUE 02:50 PM P. 04/07 7. City agrees to cooperate with County in allowing ~, exportation of sub-grade dirt material and otherwise grade within the ~ without compenaation, as needed by County, its contractors, designees and assigns in order to perform actual improvements along State Highway 79 (South) asaoci_a__Le~_ with the Property. The City Manager is authorized to approve any such work and execute on behalf of the City such documents as may be necessary to permit such work. 8. City agrees to allow CalTrans the right to enter that portion of the Property identified on Exhibit B, for t!~ purposes of maintaining, operating, landscaping, stabilizing, and any and other uses related to the operation of $r_~t_e_ Highway 79 (South) until such time as the City develops the Property. 9. The City Manager is hereby directed and authorized to execute such other documents, including without limitation certificates of acceptance or other documents or certifications as may be necessary or convenient to implement the terms of this Agreement and to approve the condition of the Property and title to the Property as pmv/ded in this Agreement. 10. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, con~_~ns the entire agreement between County and City with respect to the subject matter of this Agreement. No subsequent agreement, representation or promi.~ made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof County and City acknowledge that no person has made, any reputation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such perran which is not contained herein shall be valid or binding on Seller or Buyer. 11. The Parties acknowledge that time is of the essence in this Agreement. IIIII I!111 I!!11 !!!11 i1111 IIIII -3- JUN-16-98 TUE 02:51PM P, 05/07 IN W1TNF. SS wI-rRREOF, the Parties hereto have executed this Agreement as of the day and yeax first written above. 'Couaty" COUNTY OF RIVERSIDE AqTrE~T: Gerald A. Maloney Clerk of the Board Dated: Chairperson of the Board of Supervisors Deputy APPROVED AS TO FORM: William C. Katzenstein By: JoeS. Rank Assistant County Counsel RECOMMF. NDR~ FOR APPROVAL: By: Richard L. ('Chip") Hord Real Property Agent JUN-16-98 TUE 02:51PM P, 06/07 By: David E. Barnh~rt Director, T~nsportation Department "City" CITY OF TEMECULA, a municipal cortmration By: Ronald Roberts, Mayor ATTEST: By: Susan '/ones, Acting City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney 'Pmt~rty Owners' MARK MORAMARCO -5- JUN-16-98 TUE 02:52 PM P, 07/07 TEMF. CULA LAND TRUST Mark Morarnarco Mik~ Moramarco APPROVI~. _D AS TO FORM: LORENZ ALHADEFF CANNON & ROSE, LLP By: Samuel C. Alha~ff, Esq. Attorneys for Defendant MARK MORAMARCO, and MIKE MORAMARCO and the TEMECULA LAND TRUST () D£~/07££ RECORD OarA PER ME 57/86-87 SEC 1~ TB~R2W (PROd Trans-Pacific Consultants 27447 En~e~rme C~rc~e West, Temeculo, CA.. 92590 THIS PLAT IS S~ELY AN AIO IN LOCA~NG THE PARC[L(S) D[SCRIBED IN ~E A~TA~HED DOCUMENT IT IS NOT PART OF ~E ~IT~N OESCRIP~ON ~EREIN. SCALE: CIVIL ENGINEERS LAND SURVEYORS. PLANNER.c SHEET 1 OF 1 W.O. ! 130--3 1"= loo, Io ,w. ~ 0A'rE9/15/9?{ EXHIBIT FOR REMAINDER PARCEL