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HomeMy WebLinkAbout18-56 CC Resolution RESOLUTION NO. 18-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT IN CONNECTION WITH A GRANT OF EASEMENT FOR EASTERN MUNICIPAL WATER DISTRICT'S SEWER IMPROVEMENTS AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBERS 940-310-050, 940-310-051; 922-054-021, 922-054-022 AND 922-054-023) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. Eastern Municipal Water District ("EMWD") seeks to acquire an approximate 4,627 square foot easement ("Subject Easement") to install, operate and maintain a 24-inch diameter sewer main pipe and appurtenances beneath the surface of the parking areas of the City-owned property improved with the Mission Village apartments located at the southwest corner of Pujol Street and 6th Street Old Town Front Street to augment the existing sewer system in connection with EMWD's Pala Force Main Project ("EMWD Project"). The Subject Easement is described more particularly on Exhibit "A" and depicted on the Exhibit "B" of the Grant of Public Service Easement. B. In October 2017, EMWD sent to the City a written offer to purchase the Subject Easement in connection with the EMWD Project for $31,700. Based on the City's review of the offer and experience with similar easements in Old Town Temecula, the City obtained its own independent appraisal. The City's appraiser opined that the fair market value of the Easement is $62,927 based on a January 19, 2018 date of value. C. City staff and EMWD staff negotiated EMWD's proposed purchase of the Subject Easmeent and on July 12, 2018, EMWD accepted the City's revisions to EMWD's draft Purchase and Sale Agreement and Grant of Public Service Easement. The parties have reached an agreement on the terms of the Purchase and Sale Agreement for the Subject Easement, subject to approval of the City Council. D. The City's grant of the Subject Easement to EMWD benefits the community. The EMWD Project will augment the existing sewer system. EMWD will install and construct the new sewer pipeline improvements within the area of the Subject Easement by using a "guided bore" tunneling method to avoid any impact to the parking lot improvements located on the surface of the Subject Easement. EMWD will repair, at its sole cost and expense, any damage to the surface area of the Subject Easement or the City Parcel that arises in connection with EMWD's use or construction of the EMWD Project in the area of the Subject Easement. Resos 15-56 1 E. The Grant of Easement provides that EMWD may use the Subject Easement for ingress and egress on, in, over and through the City-owned property to construct, reconstruct, replace, reconfigure, maintain, repair, relocate, remove, inspect, observe, and study the underground facilities placed by EMWD in the area of the Subject Easement. No structures, buildings, trees, or large shrubs are permitted on the surface of the Subject Easement. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula approves that certain agreement entitled "Agreement for Purchase and Sale with Joint Escrow Instructions By and Between Eastern Municipal Water District and the City of Temecula in Connection with the non-exclusive Grant of Public Service Easment for the EMWD Project (Riverside County Tax Assessor's Parcel Numbers 940- 310-050, 940-310-051; 922-054-021, 922-054-022 and 922-054-023)" ("Agreement"), with such changes in the Agreement as may be mutually agreed upon between the City and EMWD as are in substantial conformance with the form of the Purchase and Sale 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, will be placed on file in the office of the City Clerk. 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 Agreement, including but not limited to, approval and execution on behalf of the City of the Grant of Easement and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement and to effectuate the grant of the Subject Easement contemplated therein, including but not limited to escrow instructions, minor changes or corrections as needed, and related documents if the City and EMWD determine an escrow is necessary to effect the transfer of the Subject Easement contemplated by the Agreement. Section 4. Environmental Analysis. On April 19, 2017, the Eastern Municipal Water District prepared and adopted a Mitigated Negative Declaration ("MND") for the Pala Force Main Project for the installation, operatation and maintenance of a 24-inch diameter sewer main pipe and appurtenances, including the acquisition of required rights of way. No further environmental review is required for the approval of the conveyance of the Subject Easement. The City Council finds, determines, and declares that: (1) Substantial changes are not proposed in the EMWD Project that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes have occurred with respect to the circumstances under which the EMWD Project is undertaken that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) No new information of substantial importance exists, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, showing that the EMWD Project will have one or more significant effects not discussed in the Resos 18-56 2 previous MND, or that significant effects previously examined will be substantially more severe than shown in the previous MND; mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the EMWD Project, but the EMWD Project proponents decline to adopt the mitigation measure or alternative; or mitigation measures or alternatives that are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the EMWD Project proponents decline to adopt the mitigation measure or alternative. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of August, 2018. Matt Rahn, Mayor AT T Randi Johl, City Clerk [SEAL] Resos18-56 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-56 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of August, 2018, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Stewart, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar Randi Johl, City Clerk Resos18-56 4