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Home My WebLink About06-092 CC Resolution I I I RESOLUTION NO. 06-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF PORTIONS OF ASSESSOR'S PARCEL NUMBER 962- 010-009 TO WOLF CREEK DEVELOPMENT, LLC AND RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temecula and S-P Murdy entered into a Development Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument Number 2001-481217 of Official Records of the County of Riverside ("Development Agreement"); and WHEREAS, Wolf Creek Development, LLC acquired from S-P Murdy, LLC portions of its interest in the Development Agreement; and WHEREAS, pursuant to said Development Agreement, S-P Murdy, LLC, the underlying fee owner conveyed interest in real property, now identified as Assessor's Parcel Number 962-010-009, by Grant Deed to the City; and WHEREAS, as part of the conveyance of said real property interest, the underlying fee owner inadvertently conveyed portions of Assessor's Parcel No. 962- 010-009 described on the legal description and depicted on the map attached to the Quitclaim Deed as Exhibits "A" and "8" respectively (referred to as the "Property"), attached as Exhibit "1" hereto and incorporated herein by this reference; and WHEREAS, Wolf Creek Development, LLC, the current developer of the Wolf Creek Development (the "Development Project"), needs the Property for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement; and WHEREAS, the City of Temecula hereby determines that it does not need the fee interest in the Property for public purposes; and WHEREAS, Wolf Creek Development, LLC has agreed to accept a quitclaim of the Property for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement discussed above; and WHEREAS, the City of Temecula shall reserve for itself, its successors and assigns a blanket easement on, over and across the Property for public purposes, which include, but are not limited to access, repair, drainage, utilities and all uses necessary or convenient thereto over the Property. R:/Resas 200B/Rasas 06-92 I WHEREAS, the City Council of the City of Temecula hereby desires to quitclaim to Wolf Creek Development, LLC the Property described in Exhibits "A" and "8" of the Quitclaim Deed attached as Exhibit "1" hereto. THEREFORE, BE IT RESOLVED, that the City Council approves that certain "Quitclaim Deed" attached as Exhibit "1" hereto and authorizes the Mayor to execute the Quitclaim on behalf of the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of November, 2006. ~l-- Ron Roberts, Mayor ATT~ST: I I R:/Resas 2006lResas 06-92 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-92 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of November, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSTAIN: 0 None R:/Resas 2006/Resos 06-92 3 I Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk . . 43200 Business Park Drive Post Office Box 9033 TemecuIa, CA 92589-9033 WOLF CREEK DEVELOPMENT LLC, A California Limited Liability Corp. 255 East Rincon Street, Suile 200 Corona, California 92879 Recording Fee: Exempt pumIllIltto Government Code U6103 and 27383 SPACE ABOVE TIllS LINE FOR RECORDER'S USE The undersigned grantor deoIare(s): This Quitclaim Deed is for DPortions of APN 962-010-009 Documentary Transfer Tax is $_.00 o computed on the full value of property conveyed, or o computed on the full value less the value ofliens or encumbrances remaining thereon at the time of sale. I QUITCLAIM DEED This QUITCLAIM DEED is entered into between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "Grantor" and WOLF CREEK DEVELOPMENT LLC, A California Limited Liability Corporation, hereinafter referred to as "Grantee" and is effective as of October 24, 2006. RECITALS WHEREAS, Grantor and S-P Murdy, LLC entered into a Development Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument Number 2001-481217 of Official Records of the County of Riverside (referred to below as "Development Agreement"), which is incorporated herein by this reference; and . WHEREAS, pursuant to the terms of said Development Agreement, Grantor acquired certain real property interests for public purposes; and WHEREAS, WOLF CREEK DEVELOPMENT, LLC acquired from S-P Murdy, LLC its interest in and to said Development Agreement; and I 915476-3 I WHEREAS, as part of the conveyance of said real property interests for public purposes, Grantor had dedicated to it that certain real property in the City of Temecula, County of Riverside, State of California, hereinafter referred to as "the Property" identified as portions of Assessor's Parcel No. 962-010-009, which is described on the legal description and depicted on the map attached hereto as Exhibits "A" and "B" and incorporated herein by this reference; and WHEREAS, as part of said conveyance, Grantee or Grantee's predecessor in interest S-P Murdy, LLC inadvertently transferred to Graritor the Property that Grantee needs to use for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement discussed above; and . NOW, TIffiREFORE, Grantor and Grantee hereby agree as follows: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES AND QUITCLAIMS to Grantee all of Grantor's right, title arid interest in the Property described above located in the City of Temecula, County of Riverside, State of California and depicted on the map attached hereto as Exhibit "B," which is incorporated herein by this reference, without representation or warranty, express or implied, and subj ect to all matters of record and . any and all other matters affecting said Property. I Grantor, however, reserves for itse14 its successors and assigns a blanket easement on, over and across the Property for public purposes, which include, but are not limited to access, repair, drainage, utilities and all uses necessary or convenient thereto. Said blanket easement is congruent with the portion of APN 962-010-009 that is the subject of this Quitclaim Deed, which is described and depicted on Exhibits "A" and "B" hereto lIDd incorporated herein by this reference. I 915476-3 I IN WITNESS WHEREOF, these presents are hereby signed this _ day of October 2006. GRANTOR CITY OF TEMECULA, a municipal corporation By: Ron Roberts, Mayor ATTEST: SUSAN JONES, MMC, City Clerk I . Approved as to form: PETER M. THORSON, City Attorney GRANTEE WQLF CREEK DEVELOPMENT, LLC By: Title: By: I . Title: 915476-3 EXHIBIT "An LEGAL DESCRIPTION I BEING A PORTION OF A PARCEL OF LAND IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,. PER GRANT DEED RECORDED AUGUST 1, 2003 AS INSTRUMENT NO. 2003-582234, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, OFFICIAL RECORDS, ALSO PER TRACT 29305 AS SHOWN BY MAP ON FILE IN BOOK 378, PAGES 36 THROUGH 48, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT THE CENTERLINE INTERSECTION OF WOLF VALLEY ROAD AND WOLF CREEK DRIVE S. AS SHOWN ON SAID MAP; THENCE ALONG THE CENTERLINE OF SAID WOLF CREEK DRIVE S., SOUTH 52005'35" EAST, A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID CENTERLINE NORTH 37054'25" EAST, A DISTANCE OF 33.00 FEET, TO AN ANGLE POINT IN THE RIGHT-OF-WAY OF WOLF CREEK DRIVE S., AS SHOWN ON SAID MAP; THENCE LEAVING SAID ANLGE POINT NORTH 05054'06" EAST, A DISTANCE OF 28.30 FEET TO AN ANGLE POINT IN THE RIGHT-OF-WAY OF WOLF VALLEY ROAD AS SHOWN ON SAID MAP; . THENCE LEAVING SAID ANGLE POINT ALONG SAID RIGHT-OF-WAY LINE OF WOLF VALLEY ROAD, NORTH 37054'25" EAST, A DISTANCE OF 6.00 FEET, TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF LOT 29 OF SAID MAP; THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE NOTHEASTERLY LINE OF SAID LOT, SOUTH 52005'35" EAST, A DISTANCE OF 23.51 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 16.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 76031'55" WEST; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 51022'30", AN ARC LENGTH OF 14.35 FEET; THENCE TANGENT TO SAID CURVE, NORTH 37054'25" EAST, A DISTANCE OF 18.50 FEET; THENCE SOUTH 52005'35" EAST, A DISTANCE OF 1.50 FEET; I THENCE NORTH 37054'25" EAST, A DISTANCE OF 24.00 FEET; 411312006 Page 1012 EXHIBIT "A" LEGAL DESCRIPTION I THENCE NORTH 52005'35" WEST, A DISTANCE OF 8.00; THENCE SOUTH 37054'25" WEST, A DISTANCE OF 4.00 FEET; THENCE NORTH 52005'35" WEST, A DISTANCE OF 13.00 FEET TO A POINT IN THE RIGHT-OF-WAY LINE OF SAID WOLF VALLEY ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 37054'25" WEST, A DISTANCE OF 51.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 977 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. EXHIBIT 'B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. I ^ 7fl3/06 DATE ANTH NY J_ TERICH, RC.E. 21914 EXPIRATION DATE 9/30/07 I 4/13/2006 Page 2 of2 \ \ I ~ 1,,0 0 2~ + r~ IU1J::19' J \ SCALE: 1" - 20' \ \ \ \ \ ~ \ "'~:~I. \ EASMENTS \ ~ ~ '\it. foR DRAINAGE PURPOSES IN 11.00' i':l "'-! FAVOR OF THE PUBlJC PER \ -'" UI INSTR. NO. 72299, 3/19/89 (/l 0 -l>:. , ~ q~ \ LEG END \ \1 u. rrl W.O.C. POINT OF COIll!ENCEIlENT j ~ 'I.P.O.B. TRUE POINT OF BEGJNNIN1 -"'. q ~ I INDICATES EASEMENT I i':l ~ AREA - 977 S.F. i !" , \ 0 UI q ~ 'I l(Q)if' "~" if'~o ~~3l00-1I illJo~o 3l00/~'m <(' 01 ~' >-\ ~I ~, ~I~ "", LL-I~ ~,~ ~I eJ\ , ". . . 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