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HomeMy WebLinkAbout03-146 CC ResolutionRESOLUTION NO. 03-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 85, 86, 115 OF TRACT MAP NO. 23143-6 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-6 was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; B. The owners of Tract Map No. 23143-6, Lenone Inc., A Virginia Corporation, are hereby submitting a grant of storm drain easement; C. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the grant of storm drain easement by Lenone Inc., A Virginia Corporation Home as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the grant of storm drain easement by Lenone Inc., A Virginia Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22"d day of October, 2003. ATTEST: ~. Stone, Mayor R:/Resos 2003/Resos 03-146 I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-146 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 2003 by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None City Clerk R:/Resos 2003/Resos 03-146 2 RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR PARCEL NO. 952-583-003,004,008 PROJECT NO. Tract No. 23143-6 LENONE, INC,, a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owners of the hereinafter described real property~ and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies, The real property referred to herein above and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of-entry upon the property of the GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. H:~PDATA\15100245~OFFICE\WPWIN~451g1002A.wpd There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTOR for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTOR has executed this instrument this ,2002. day of GRANTOR: By: LENONE, INC., A VIRGINIA CORPORATION (sign here) ' (sign here) (Print) (title) (Pdnt) (title) NOTARY CERTIFICATE COUNTY OF HENRICO } COMMONWEALTH OF VIRGINIA }ss. On this 3 \ day of ,'~,a ,2001j [4'g-t~ ~°~c-c-~ra--~¢ ~~ ~rsonally ~pe~d ~fom me~d ac~owledg~ ~at he/she ex~ut~ ~e forego~g ~smment. My ~ission expos (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) H:~PDATA~I 5100245\OFFICE~WPWIN~451gl002A.wpd CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,2002, for a STORM DRAINAGE EASEMENT granted by Lenone. Inc.. a Viminia Corporation, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on ,2002. The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: ,2002. Attest: Susan W. Jones, CMC, City Clerk H:~PDATA~15100245\OFFICEAWPWIN~2451gI002A.wpd RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A' Revised August 16, 2002 November 5, 2001 JN 15100245-M2 Page 1 of 2 Tract No. 23143-6 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 85, 86 and 115 of Tract No. 23143-6 filed in Book 313, Pages 58 through 70 of Maps in the Office of the County Recorder of said Riverside County, described as a whole follows: BEGINNING at the northeasterly comer of said Lot 85, the northerly line of said lot having a bearing of North 71 °44'52" West; thence South 87°00'51" West 24.85 feet; thence North 89°0Y43" West 49.84 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2.00 feet; thence along said curve southwesterly 2.21 feet through a central angle of 63°10'32"; thence tangent from said curve South 27045'45'' West 22.37 feet; thence South 22°06'12" West 34.15 feet; thence North 83°35'38'' West 71.16 feet to the northwesterly line of said Lot 115; thence along said northwesterly line South 39°25'56" West 36.51 feet to the non-tangent intersection with a curve in the northeasterly fight-of-way line of Butterfield Stage Road (110.00 feet wide) concave northeasterly and having a radius of 1145.00 feet, a radial line of said curve from said point bears North 39°25'56'' East; thence along said curve and right-of-way line southeasterly 21.85 feet through a central angle of 01005'36.; thence non-tangent from said curve North 35049'08'' East 14.17 feet; thence South 83°35'38" East 69.99 feet; Tract No. 24143-6 Storm Drainage Easement Revised August 16, 2002 IN 15100245-M2 Page 2 of 2 thence South 69°34'38'' East 21.14 feet; thence North 89049'27'' East 105.22 feet to a poim on a non-tangent curve in the right-of-way line of Fox Road concave northeasterly and having a radius of 70.00 feet, a radial line of said curve from said point bears North 31 °34'12" East; thence along said curve and right-of-way line northwesterly 51.38 feet through a central angle of 42o03'21,,; thence non-tangent from said curve South 89049'27" West 83.75 feet; thence North 22°06'12'' East 27.11 feet; thence North 27°45'45" East 15.73 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2.00 feet; thence along said curve northeasterly 2.21 feet through a central angle of 63°10'32"; thence tangent from said curve South 89°03'43" East 42.17 feet; thence South 71o44'52'' East 21.65 feet to a point on a non-tangent curve in said right-of-way line ofF ox Road concave easterly and having a radius of 70.00 feet, a radial line of said curve from said point bears South 79°35'48'' East; thence along said curve and right-of-way line northerly 19.06 feet through a central angle of 15o35'59'' to the POINT OF BEGINNING. CONTAINING: 8120 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXItlBIT "B' attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Lawrence L. Bacon, P.L.S. 3527 My license expires 6/30/04. H:~PDATA\ 15100245~OFFICI~WPWINZ~51gl002.wpd ~ L.S. 3527 °z · Exp. 6-30,200t~, 0 60 120 180 GRAPHIC SCALE TRACT NO. 23143-8 aB 313/81-91 TRACT NO. 23143-6 MB ,:313/58-70 ~/, 84 P.o.e. 80 106 ~ 86 - % DATA TABLE ~ . ~ .................................... ~ ~o~ DATA TABLE N~ BRNG/DELTA RADIUS LENGTH ................................. BRNG/DELTA RADZUS LENGTH 1 S87°00'51"W -- 24.85' 2 N89'O3'43"W -- 49.84' 3 63'10'32" 2.00' 2.21' 4 S27°45'45"W -- 22.37' 5 S22°06'12"W -- 34.15' 6 N83'35'38"W -- 83.18' 7 S35'49'08"W -- 29.98' 8 00'24'37" 1145.00' 8.20' 9 01°05'36" 1145.00' 21.85' 10 N35°49'OB"E -- 14.17' 11 S83°35'38"E -- 69.99' 12 S69'34'38"E -- 21.14' 13 N89°49'27"E -- 105.22' 14 10'55'24" 70.00' 13.35' EXHIgIT '9' iSTORM DRAINAGE EASEMENT 15 42'03'21" 70.00' 51.38' 16 S89°49'27"W -- 83.75' 17 N22°O6'12"E -- 27.11' 18 N27°45'45"E -- 15.73' 19 63°10'32" 2.00' 2.21' 20 S89°O3'43"E -- 42.17' 21 S71°44'52"E -- 21.65' 22 15'35'59" 70.00' 19.06' 23 28°52'51" 70.00' 35.28' 24 N83'35'38"W -- 71.16' 25 N39'25'56"E -- 36.51' SHEET I DF I SHEET CONSULTING 27555 ~ ROAD, 81J~5 400 'r~ CALFORNUk 92591-4679 NOVEMBER 5, 2001 1"=60' 15100245-M2