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HomeMy WebLinkAbout00-07 RDA ResolutionRESOLUTION NO. RDA 2000-07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THAT CERTAIN "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND OLD TOWN PLAZA PARTNERS, LLP," DATED DECEMBER 14, t999 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section '1. The Board of Directors of the Redevelopment Agency does hereby find, determine and declare that: (a) The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1-1988 originally approved by the Board of Supervisors on July 12, 1988 pdor to the incorporation of the City and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on Apdl 9, 1991 and amended on December 20, 1994 (the "Plan"). (b) On December 14, 1999, the Agency and Participant entered into that certain agreement entitled "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT OF THE CITY OF TEMECULA AND OLD TOWN PLAZA PARTNERS, LLP FOR FA(;ADE IMPROVEMENT TO OLD TOWN PLAZA" ("Owner Participation Agreement"). (c) Participant is the owner of real property, hereinafter called the "Property," located in Redevelopment Project Area 1988-1 of the Redevelopment Plan City of Temecula. The Property is located at 28410 Front Street, Temecula, California. The Property is legally described on Exhibit A. (d) As part of the Owner Participation Agreement, the parties also entered into that certain agreement entitled "Restrictive Covenant~ in order to implement certain requirements of the Owner Participation Agreement. The Restrictive Covenant affects the Property and was recorded in the Official Records of Riverside County as Document No. 2000-258138 on December 14, 1999. (e) Participant and Agency have determined that the improvement proposed to be constructed pursuant to the Owner Participation Agreement are no longer financially feasible. Accordingly, the parties desire to terminate the obligations of the Agency and Participant under the. Agreement so as to allow Participant to proceed with other options for renovation of the Property. Section 2. The Board of Directors hereby approves the First Amendment to ~Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula and Old Town Plaza Partners, LLP" on December 14, 1999. Section 3. The Secretary shall certify the adoption of this Resolution ad shall send a certified copy of the resolution to the Participant, at the address set forth in the OPA. R:R~sosRDA2000-07 1 PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Temecula on this 12th day of December 2000. ,-.~STATE~ OF,CALIFORNIA ) [~c(~U~TY OF RIVERSIDE ) ss CITY OF TEMEC, ULA ) .... 1, Susan W Jones, CMC, Secretary of the Redevelopment Agency of the Cit of Temecula, do hereby certify that the foregoing Resolution No. RDA 2000-07 was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 12~ day of December, 2000, by the following vote: AYES: 4 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Roberts NOES: 0 AGENCY MEMBERS: None ABSTAINED: 1 AGENCY MEMBERS: Stone R:ResosRDA2000-07 2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: {APN 921-070-006~ THat PORTION OF LOTS 17 THROUGH 32, INCLUSIVE; TOGETHER WITH THE NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE , STATE OF CALIFORNIA, AS SHOWN BY MAPON FILE IN BOOK 15 PAGE 726 OF MAPS. RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 507 OF MAPS. RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: EEGINNING AT THE INTERSECTION OF THE CENTER LiNE OF FRONT STREET (BB.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 57g0 ON FILE IN BOOK 81 PAGES 31 THROUGH' 35, INCLUSIVE, OF MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A CURVE CONCAVE NORTHEASTERLY, 'HAVING. A RADIUS OF 1!500.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52* 47' WEST; THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 39' 16' AN ARC DISTANCE OF 69.49 FEET; THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34' EAST, 44.00 FEET TO THE NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP 802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06* 12' 10' EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO. 802-V; THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52* 15' EAST. 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET; THENCE NORTHEASTERLY ON SAID CURVE. THROUGH a CENTRAL ANGLE OF 18' 26' 38' AN ARC DISTANCE OF 7B.ES FEET; THENCE NORTH 68* 52' 18" EAST, 26.42 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET. SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES STREET (60.00 FEET WIDE} AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A DEDICATION AND EASEMENT DEED RECORDED APRIL 22. 1969 AS DOCUMENT NO. "9504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A RADIAL LINE OF SAID CUF~VE TO SAID POINT BEARS SOUTH 13° ES' WEST; Parcel 2: (APN 922-023-019) AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF LOT 1, TRACT 23925 AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES 21 THROUGH 23 OF MAPS. RECORDS OF._R_I. MERSIDE COU_N_'I~__, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND 6TM STREET, AS SHOWNON SAID MAP; THENCE NORTH 45a 30' 01" WEST ALONG THE CENTERLINE OF FRONT STREET, A DISTANCE OF 178,98 FEET; THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30;00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET, (A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF SAID LOT 1; THENCE NORTH 44° 25' 45" EAST ALONG SAID LINE A DISTANCE OF 393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL WHICH BEARS 50UTH 14° 50' 06" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT LINE, SAID LINE BEING THE ~;OUTHWESTERLY RIGHT OF WAY LINE OF MERCEDES STREET THROUGH A CENTRAL ANGLE OF 00° 18' 06", AN ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING. THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE OR LESS.