HomeMy WebLinkAbout03-151 CC ResolutionRESOLUTION NO. 03-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF STORM DRAIN
EASEMENT WITHIN LOT 44 OF TRACT MAP NO. 23143-10
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:
A. Tract Map No. 23143-10 was graded and street improvements constructed
to include a storm drain to convey flow within Lot 44;
B. The owners of Tract Map No. 23143-10, 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 22nd day of October, 2003.
A .TTEST:
S~san~/V. ,~ones, CMC'/
~ ~'~___.~ Jeffr"F~'E. Stone, Mayor
R:/Resos 2003/Resos 03-151 1
STATE OI~ CALIFORNIA )
COUNTYOF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-151 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
R:/Resos 2003/Resos 03-151 2
' REC~ORDING 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 RECOROER'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'S PARCEL NO. 952-651-013; 952-030-058
PROJECT NO. Tract No. 23143-10
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 dght 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.
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Thers 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 rsason 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
(sign here)
a Virginia Corporation
By:
(sign here)
(Print)
(title)
(Print)
(title)
NOTARY CERTIFICATE
COUNTY OF HENRICO }
COM/vIO~ALTH OF VIRGINIA }ss.
that
(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 t° bind the corporation.)
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CITY OF TEMECULA
CERTIFICATE OF ACCEPTANCE
FOR
DEDICATION OF REAL PROPERTY
This is to certify the easement dedication dated ,200~ for a STORM DRAINAGE
EASEMENT granted by LENONE, INC., a Virginia 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 ,200~. 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\OFFICE\WPWIN~2451gl004A.wpd
RBF CONSULTING
27555 Ynez Road, Suite 400
Temecula, CA 92591
Revised August 15, 2002
November 5, 2001
JN 15100245-M4
Page 1 of 1
EXHIBIT "A"
Tract No. 23143-10
STORM DRAINAGE EASEMENT
That certain parcel of land situated in the City of Temecula, County of Riverside, State of Caiifomia,
being that portion of Lot 44 of Tract No. 23143-10 filed in Book 314, Pages 1 through 12 of Maps
in the Office of the County Recorder of said Riverside County, included within a strip of land 30.00
feet wide, the northerly line of which is described as follows:
BEGINNING at the northwesterly corner of said Lot 44;
thence along the northerly line of said lot North 89°3T25" East 127.30 feet;
thence South 49° 18'09" East 97.32 feet to the beginning of a tangent curve concave northeasterly and
having a radius of 7.50 feet;
thence along said curve southeasterly 5.75 feet through a central angle of 43°56'55";
thence tangent from said curve North 86°44~56" East 26.31 feet to the POINT OF
TERMINATION.
Said strip of land shall be lengthened or shortened so as to terminate westerly in the westerly line
of said Lot 44 and easterly in the easterly line of said Lot 44.
CONTAINING: 3985 Square Feet.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "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\OFFICE~WPW1N~245lgl004.w-pd
6~ 0 60 120 180
GRAPHIC SCALE
DATA TABLE
1 43'56'55" 7.50' 5.75'
2 N86'44'56"E -- 26.31'
62
63
64
ROYAL
TRACT NO. 23143-10
~ 314/1-1~
45
P.O.B.
LOT L ! NE
N89°33'25"E 130,00 L.-.
"-- 127.30'
43
SHEET
EXHIBIT 'B'
STORM DRAINAGE
EASEMENT
CONSULTING
! DF ! SHEET