HomeMy WebLinkAbout05-103 CC Resolution
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RESOLUTION NO. 05-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA GRANTING AN EASEMENT AND RIGHT OF WAY
FOR WATERLINE AND APPURTENANT STRUCTURES,
RELATED TO PATRICIA H. BIRDSALL SPORTS PARK
IRRIGATION AND DOMESTIC WATER SUPPLY AND
AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT OF
EASEMENT DEED.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE,
AND ORDER AS FOllOWS:
WHEREAS, The City of Temecula constructed improvements at the Patricia H.
Birdsall Sports Park resulting in the installation of a water system for the parkway, and said
system requires the installation of pipelines and appurtenant structures by Rancho California
Water District; and,
WHEREAS, Rancho California Water District requires the grant of an easement in
order to maintain said pipelines and appurtenant structures; and,
WHEREAS, the legal description labeled Exhibit "A" and the plat labeled Exhibit "B"
for the said parcel are attached hereto and describe the limits of the easement;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby grants to Rancho California Water District in substantially the form attached hereto, with
the referenced legal description and plat map, an easement for the purposes stated therein at
this time. The Mayor is authorized to execute the attached grant of easement. The City
Engineer is hereby authorized to make minor modifications to the legal description on said
documents.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 11th day of October, 2005.
A TTE~T:
R:IResos 20051Resos 05-103
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 05-103 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 11th day of October 2005, by the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
ABSTAIN:
o
COUNCILMEMBERS: None
o
COUNCILMEMBERS: None
R:IResos 20051Resos 05-103
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Recording requested by and
when recorded mail to:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Altn: City Clerk
FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE ~~ 6103 and 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Documentary Transfer Taxes Due: See Revenue & Taxation 9 11922 and Government Code 96103
APN: 9620100068
[]ALL
[Xl PORTION
GRANT OF EASEMENT DEED
THIS EASEMENT DEED (this "Easement Deed") is made as ofthis _ day of
, 2005, by the THE CITY OF TEMECULA ("Grantor"), to and for the benefit of
RANCHO CALIFORNIA WATER DISTRICT, a corporation ("Grantee").
1. Grant of Easements. For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, and to its
successors and assigns, a perpetual, non-exclusive, water line and appurtenance easement and
right over, under and across a portion of that certain real property owned by Grantor located in
the City of Temecula, County of Riverside, State of California (the "Easement Area"), for
purposes of distributing domestic water through underground water line and appurtenances
("Purpose"), under, upon and across a portion of that certain real property owned by Grantor
located in the City of Temecula, County of Riverside, State of California (the "Easement Area").
The Easement Area is legally described in Exhibit "A" and depicted in Exhibit "B", attached
hereto and made a part hereof.
2. Benefit of Easements. The Easements granted hereby are for the benefit of
Grantee and its successors and assigns.
3. Grantee Responsible for Costs of Easements. Grantee shall be solely responsible
for all costs related to the construction, repair and maintenance of the Grantees facilities within
the Easement Area, and any other professional fees associated with the work and all other
obligations of Grantee contemplated by this Easement Deed.
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4. Duration of Easements. The Easements shall continue for so long as Grantee
shall use the Easement Area for the above-stated purpose.
5. Indemnification bv Grantee. Grantee covenants and agrees that it shall
indemnify, defend, protect and hold harmless the Grantor, its officers, directors, members, agents
and/or employees from and against any and all liability, loss or damage to which the Grantor, its
officers, directors, members, agents and/or employees may be subjected to as the result of the
rights granted herein or the existence or presence of the structures and improvements covered
and/or contemplated by this Easement Deed or any act or omission by Grantee, its officers,
members, agents or employees arising out of the exercise by Grantee, its officer, members,
agents or employees of any of the rights granted to Grantee by this Easement Deed.
6. Compliance with Laws. Grantee covenants and agrees that it shall at all times
construct, maintain, use, repair and operate the Easement Area in compliance with any and all
applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of the
courts, permits or permit conditions.
7. Permilted Use. Grantee shall use the Easement Area solely for the above-stated
purposes and for no other use, purpose or purposes whatsoever.
8. Reservation bv Grantor. SPECIFICALLY EXCEPTING AND RESERVING
the right, to be exercised by the Grantor and its successors and assigns, and by any other party
who has 0 btained, 0 r may obtain, permission 0 r a uthority from Grantor 0 r its successors and
assigns to do so from time to time to construct, operate, maintain; repair, renew and/or relocate
upon the Easement Area the proposed improvements in the City of Temecula Park Project,
consistent with the right granted herein, without in any instance being required to obtain the
consent of Grantee the same as if this Easement Deed had not been executed; provided, however,
that in the exercise of such rights, Grantor shall use reasonable care not to materially interfere
with or block the use of the Easement Area or to damage any fencing or other improvements
located thereon.
9. Miscellaneous.
a. Waiver. If Grantor or Grantee fails to insist on the strict observance by
the other party of any of the provisions of this Easement Deed, neither party shall be precluded
from subsequently enforcing this Easement Deed or be held to have waived any such provision.
b. Relationship of the Parties. Nothing in this Easement Deed shall be
deemed or construed by the parties hereto or by any third person to create the relationship of
principal and agent, partnership, joint venture, landlord and tenant or arty other association
between Grantor and Grantee other than the relationship described herein.
c. Entire Agreement. This Easement Deed, including all exhibits hereto
(which are hereby incorporated herein by reference for all purposes), contain the full and final
agreement of every kind and nature whatsoever between the parties hereto concerning the subject
matter set forth herein and all preliminary negotiations and agreements of any kind are merged
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herein. This Easement Deed may not be changed, amended or modified in any manner other
than by a wrilten amendment or modification executed by and between Grantor and Grantee or
their respective successors and/or assigns.
d. Captions. The captions used in this Easement Deed are for convenience
only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the
meaning of the provisions of this Easement Deed.
e. Partial Invaliditv. If any prOVISIOn of this Easement Deed or the
application thereof shall be held invalid or unenforceable by a court of competent jurisdiction,
the remainder of this Easement Deed in its application shall not be affected by such partial
invalidity but shall be enforced to the fullest extent permilted by law as if such invalid or
unenforceable provision was never a part hereof.
f. Applicable Law. This Easement Deed shall be construed in accordance
with the laws of the State of Califomia and the parties agree that jurisdiction for all actions
hereunder shall lie in the State of Califomia.
g. C osts 0 f Enforcement. If any legal 0 r equitable action 0 r proceeding is
instituted by one party against the other to enforce or interpret any provision of this Easement
Deed, the prevailing party in such action shall be entitled to recover from the losing party all of
the prevailing party's costs of suit, including, but not limited to, reasonable altomeys' fees
awarded by the court.
h. Successors and Assigns. All rights, obligations and liabilities herein given
to or imposed upon any party hereto shall extend to the permilted successors and assigns of any
such party.
i. Time of Essence. Time is of the essence of each proVISIOn of this
Easement Deed in which time is an element.
j. Counteq>arts. This Easement Deed may be executed in one or more
identiCal counterparts and all such counterparts together shall constitute a single instrument for
the purpose of the effectiveness of this Easement Deed.
IN WITNESS WHEREOF, the Grantor has caused this Easement Deed to be
executed as of the day and year first above written.
"GRANTOR"
CITY OF TEMECULA
By:
Shawn Nelson,
City Manager
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CERTIFICATE OF ACCEPTANCE
EASEMENT DEED
This is to certify that the interest in real property conveyed by the within deed or grant to the
City of Temecula, a municipal corporation, is hereby accepted under the authority of the City
Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly
authorized officer.
CITY OF TEMECULA, a municipal corporation
By:
Date:
State of California
}
} ss.
}
County of Riverside
On ,2005, before me, , a Notary Public,
personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
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State of California
}
} ss.
}
County of Riverside
On ,2005, before me, , a Notary Public,
personally appeared , personally known to me (or
proved to me 0 n the basis 0 f satisfactory evidence) to be the p erson(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
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CITY OF TEMECULA
Office of the City Clerk
43200 Business Park Drive
Temecula, CA 92590
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached Grant of Easement Deed
was approved by the City Council of the City of Temecula and accepted by order of the Temecula
City Council made on October 1.1, 2005, and the grantee consents to the recordation thereof by its
duly authorized officer.
Date: October 11, 2005
City of Temecula
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Forms\Acceptance Cert for Easement Deed
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EXHIBITS A AND B
LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA
11410\0001\718621.1
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EXHIBIT "A"
AN EASEMENT FOR WATERLINE PURPOSES OVER THAT PORTION OF THE
REGIONAL PARK PARCEL DESCRIBED IN THE DEED TO THE CITY OF TEMECULA
RECORDED ON AUGUST 1, 2003 AS DOCUMENT 1/ 2003-562233, RIVERSIDE
COUNTY, CALIFORNIA, DESCRIBED AS FOllOWS:
COMMENCING AT THE MOST.EASTERLY CORNER OF SAID PARCEL:
THENCE ALONG. THE SOUTHEASTERLY LINE OF SAID PARCEL, SAID LINE ALSO
BEING THE NORTHERLY SIDELINE OF DEER HOllOW WAY, 88..00 FEET WIDE,
soum 42'23'14- WEST 35.00 FEET TO THE lRUE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 42'23'14" WEST
30.00 FEET:
THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 47'36'46" WEST 165.51 FEET:
THENCE NORTH 42'23'14". WEST 65.00 FEET TO THE EASTERLY LINE OF SAID
PARCEL;
THENCE ALONG SAID EASTERLY LINE, SOUTH 47'36'46- EAST 30.00 FEET:
THENCE LEAVING SAID EASTERLY LINE, SOUTH 42-23'14-. WEST 35.00 FEET:
. THENCE scum 47'36'46" EAST 135.52 FEET TO THE lRUE POINT OF BEGINNING:
THE ABOVE DESCRIBED EASEMENT SHALL BE AUGMENTED BY AN EASEMENT 5
FEET ON BOTH SIDES OF AND EXTENDING 5 FEET BEYOND ALL PIPELINE
APPURTENANCES INCLUDING, BUT NOT LIMITED TO, FIRE HYDRANT ASSEMBLIES,
AIR VACUUM/AIR RELEASE ASSEMBLIES, BLOW OFF ASSEMBLIES, DETECTOR
CHECKS, AND SERVICE CONNECTIONS FROM THE PIPELINE TO THE WATER
METER BOX.
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