HomeMy WebLinkAbout03-147 CC ResolutionRESOLUTION NO. 03-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF STORM DRAIN
EASEMENT WITHIN LOTS 54, 55, 56, 57, 58, AND 106 OF
TRACT MAP NO. 23143-8
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. 23143-8 was graded to include a private water quality
mitigation basin from which a public storm drain conveys flows to an
existing storm drain system;
The owners of Tract Map No. 23143-8, PCCIll-Crowne Hill 100, LLC, a
Delaware limited liability company, 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 PCCIII-Crowne Hill 100, LLC, a Delaware limited liability company
as described in Exhibit "^" 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 PCClll-Crowne Hill 100, LLC, a Delaware
limited liability company.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 22nd day of October, 2003.
ATTEST:
~______~ ~ ~frey~ Stone, Mayor
R:/Resos 2003/Resos 03-147 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. 03-147 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
Clerk
R:/Resos 2003/Resos 03-147 2
RECORDING REQUESTED
, of Temecula, California
RECORDING MAIL TO:
City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
ABOVE SPACE FOR RECORDER'S USE
STORM DRAIN 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'S PARCEL NO. 952-030-020
PROJECT NO. Tract No. 23143-8
PCClll-Crowne Hill 100, LLC, a Delaware limited liability company, hereinafter designated
GRANTOR, represent that they are the owner 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
DRAIN 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 drainage system including any and all structures and
appurtenances incidental thereto designed to convey stormwater 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 hereinabove 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
GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the
above described works of improvement.
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
2o_ .
.-~ day of
GRANTOR:
PCClll-Crowne,_..Hil1100, LLC, a Delaware limited liability company,
By: Greyston~s__INC., A Delaware Corporation, its Manager
By: ~ ~--'l]~eg~-e) By: ~,,~-_~_ ~_._
(sign here) --
(title of signatory) (title of signatory)
(All OWNERS must sign)
(Proper notarial acknowledgment of execution by OWNER must be attached.)
(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.)
(Attach appropriate Subordination Agreements as applicable)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared ./~/"/~//'7 ~/~/..~"¢~ ,
[] proved to me on the basis of satisfactory
evidence
to be the persop~(~'~whose nameJ.~'~/are
subscribed to the within instrument and
acknowledged to me that he/~/'~ecuted
the same ../in his/her/th, err authorized
capacityi(j,~,~ and that by his/l'~t~eif~
signature(,,~,~/~n the instrument the person(~, or
the entity upon behalf of which the person~'"'
acted, executed the instrument.
_ESS my hand a/~ o~cial seal.
Though the information below
and could
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s)
Capacity(les) her
Signer's Name:
[] Individual
[]
[] [] General
Fact
Other:
Signer Is Representing:
persons relying on the document
another document.
Number of Pages:
Top of thumb her,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
personally appeared
SS,
be~re me, Julie Chrisman, Notary Public
John Baayoun
Name(s) of $1gnel~a)
~ personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(J) whose name~) is/~e
subscribed to the within instrument and
acknowledged to me that he/,~{3~t~ executed
the same in hts/h,~/'/~l'ffir authorized
capacity(~), and that by his/l'/~'r/.t~r
signature~ on the instrument the person(/~, or
the entity upon behalf of which the person(~)
acted, executed the instrument.
WITNESS my h)~nd ,and official seal.
Though the info~ation ~low is not ~quimd by la~ g may prove valuable to ~mons relying on the d~ument
and ~uld pm~nt fmudulent removal and ma~achment of this fo~ to ano~er d~ument.
Description of Affached Document
· tle or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[:] Individual
[] Colporate Officer-- Title(s~..'~
[] Partner--[q Limited~:~General
[] Attorney in FactJ
[] Trustee ~
[] Guardi~r~Sr Conservator
[]0
Top of thumb here
CITY OF TEMECULA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION OF REAL PROPERTY
This is to certify the easement dedication dated for a STORM DRAIN
EASEMENT granted by PCCIII-Crowne Hill 100, LLC, a Delaware limited liability company 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
· The GRANTEE consents to the recordation thereof by its duly authorized officer.
CITY CLERK'S OFFICE:
Date: Attest:
Susan W. Jones, CMC, City Clerk
RBF CONSULTING
27555 Ynez Road, Suite 400
Temeeula, CA 92591
EXHIBIT "A"
Lenal Descriotion
Tract No. 23143-8
STORM DRAINAGE EASEMENT
Revised May 22, 2002
November 7, 2001
JN 15100245-M3
Page 1 of 2
That certain parcel of land situated in the City of Temecula, County of Riverside, State of California,
being those portions of Lots 54 through 58 and 106 of Tract No. 23143-8 filed in Book 313, Pages
81 through 91 in the Office of the County Recorder of said Riverside County, described as a whole
as follows:
BEGINNING at the southwesterly comer of said Lot 58;
thence along the general southerly line of said lot South 73°13'39" East 8.44 feet to a point on a
non-tangent curve in said southerly line concave southeasterly and having a radius of 48.00 feet, a
radial line of said curve from said point bears South 73013'39" East;
thence along said curve and general southerly line northeasterly 56.42 feet through a cenlral angle
of 67°20'47" to the southeasterly comer of said Lot 58;
thence non-tangent from said curve North 14016'00" West 6.17 feet;
thence North 12058'29" East 30.39 feet;
thence North 77°36'09" East 135.87 feet;
thence South 65°19'49" West 32.92 feet;
thence South 62°51'20" West 86.78 feet;
thence South 59°55'02" West 22.46 feet to the southeasterly line of said Lot 57;
thence along said southeasterly line North 89°15'22'' East 23.19 feet;
thence North 62°51 ~0" East 88.46 feet;
Tract No. 23143-8
Storm Drainage Easement
Revised May 22, 2002
JN 15100245-M3
Page 2 of 2
thence North 65°19'49'' East 24.89 feet;
thence North 74°23'48'' East 65.79 feet to the northeasterly line of said Lot 54;
thence along said northeasterly line North 14016'00'' West 40.01 feet;
thence South 74°23'48'' West 37.70 feet;
thence North 15°36'12" West 3.85 feet to the beginning of a tangent curve concave southwesterly
and having a radius of 5.00 feet;
thence along said curve northwesterly and westerly 7.92 feet through a central angle of 90°42'40";
thence non-tangent from said curve South 74o0235" West 178.94 feet;
thence South 31 °04'52" West 68.36 feet;
thence South 76o04'52'' West 15.25 feet to the northeasterly right-of-way line of Butterfield Stage
Road;
thence along said right-of-way line South 14°55'01" East 30.00 feet;
thence Noah 76°01'19" East 20.00 feet to the POINT OF BEGINNING.
CONTAINING: 12400 Square Feet.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXYIIBIT "B" attached hereto and by this reference made a part hereof.
This~was prepared by me or under my direction.
R~l~nond L. Mathe, P.L.S. 6185 ~
191y license expires 3/31/06.
H:~DATA\I $100245~OFFICEXWPWllX~2451gI003.w~I
· 80 0
80
GRAPHIC SCALE
160 240
DATA TABLE
BRNG/OELTA RADIUS L.I~TH
1 67'20'47" 48.00' 56.42'
2 N14' 16'00'W -- 6.17'
3 N12'58'29"E -- 30.39'
4 N77' 36'09"E m 135.87'
5 N65' 19'49"E -- .32.92'
6 N62'51 '20'E -- 86.78'
7 N59*55'O2"E -- 22.46'
8 N89' 15'22'W -- 23.19'
9 N62°51 '20"E -- 88.46'
10 N65' 19'49"1=' -- 24.89'
11 N74' 23'48"E -- 65.79'
12 N14' 16'00"W -- 40.01'
1.3 N'/4' 23'48'E -- 37.70'
14 N15'36' 12'~/ -- 3.85'
15 90°42'40' 5.00' 7.92'
16 N74'O2'35'E -- 178.94'
17 N31'04'52'£ -- 68.36'
18 N76'O4'52'E -- 15.25'
19 N14'55'O1'W -- 50.00'
20 N76'01' 19'E -- 20.00'
21 N73' 13'39'W IRRI 8.44'
22 NO5' 52'52"W 48.00'
TRACT NO. t,
~B 313/ ~,~
51 56~~
5o 57 i >
4g 58 ~.~,
/," C/L FOX ROAD
106
63
62
23143-8
81-91
61
60
59
--"'"'-C/L BUTTERFIELD STAGE ROAD
SHEET
EXHIDIT '1~'
STORM DRAINAGE
EASEMENT
CONSULTINB
REVISED 05/22/02 I SCALE
NOVEMBER 07, 2001 1"=80'
FIELD I~DOK
1 DF 1 SHEET
JOB NB,
15100245-M3