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Home My WebLink About96-081 CC Resolution RESOLUTION NO. 96-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFERS OF DEDICATION MADE TO THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING PERIMETER SLOPES/LANDSCAPING9 AND AUTHORIZING THE QUITCLAIM OF SAID MAINTENANCE AREAS TO THE TEMECULA CO SERVICES DISTRICT (WITHIN TRACTS NO. 22916-0, 22916-3, AND 23125-1) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby find and determine as follows: A. Costain Homes, Inc. provided the City of Temecula with Irrevocable Offers of Dedication easement documents for slope and landscape maintenance purposes within Tracts No. 22916-0 and 22916-3; and, B. The City of Temecula did not accept the offer of dedication of Lot 43 for slope and landscape maintenance purposes at Final Map approval for Tract Map No. 23125-1;and, C. The Temecula Community Services District has requested that the City of Temecula accept the said offers of dedication as set forth above, and authorize the quitclaim of said offers to the Temecula Community Services District; Section 2. The City Council of the City of Temecula hereby accepts the offers of dedication and authorizes the quitclaim of said easements and lots to the Temecula Community Services District, as follows: A. Pursuant to Government Code Section 66477.2(a), the City Council accepts the easements over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. B. These acceptances are not intended to create or vest any fee simple interest in favor of the City of Temecula or the Temecula Community Services District to the subject slope and landscape maintenance areas, but are solely for the express purpose of accepting a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" and "B" attached hereto. Resos\96-81 C. If the Temecula Community Services District of its governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, then all or any of such easements may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to the interested parties, maintenance of the slope and landscape areas shall become the responsibility of the then current owners of the respective underlying properties. Section 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 25th day of June, 1996. indemans, Mayor ATTEST: June k, CMC,City C16-rk [SEAL] Resos\96-81 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96-81 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 25th day of June, 1996, by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None @-4une S. Greek, CMC, City Clerk Resos\96-81 3 EXHIBIT 'A' TO RESOLUTION NO. 96-81 Accepting Easements and Lots offered for dedication to the City of Temecula for slope and landscape maintenance purposes as indicated on certain tract maps described hereafter, and quitclaiming all right acquired by the City in these Easements and Lots to the Temecula Community Services District as described below: A. Landscape Maintenance Easement on Lot 43 of Tract No. 23125-1, filed December 7, 1993, in Book 246 of Maps, pgs 81-85 lncl. B. An easement for landscape maintenance purposes Irrevocable Offer of Dedication) over that certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1, 73, 74, 75, and 'B'; and Lots 37, 38, 61, 62, 69 70, 71, 72, and 'A" of Tract No. 22916-3 as shown on a map thereof filed in Book 225, Pages 57 through 64 of Maps in the Office of the County Recorder of said Riverside County, described as follows: Lot 1 and "B": Beginning at a point on that certain course in the southeasterly line of said Lot 1 shown as "North 57'39'41' East 110.09 feet' distant thereon South 57'39'41' West 51.33 feet from the northeasterly terminus thereof; thence South 28'36'04' East 6.01 feet to a line parallel with and 6.00 feet southeasterly from said southeasterly line; thence along said parallel line South 57'39'41' West 58.37 feet to the southwesterly line of said Lot 'B"; thence along said southwesterly line and the southwesterly line of said Lot 1 North 32'20'19' West 27.00 feet; thence North 61'23'56' East 60.00 feet to a line bearing North 28'36'04" West from the Point of Beginning. Lots 73, 74, 75, and 'B': Beginning at the most southerly corner of said Lot 75; thence along the southwesterly line of said lot North 32'20'19' West 5.00 feet to a line parallel and/or concentric with and 5.00 feet northwesterly from the northwesterly line of said Lot "B'; thence along said parallel and/or concentric line through the following courses: North 57'39'41" East 7.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1249.00 feet; thence along said curve northeasterly 143.92 feet through a central angle of 6'36'07' to the northeasterly line of said Lot 74; thence leaving said parallel and/or concentric line, non-tangent curve concave southeasterly, having a radius of 1252.00 feet and being concentric with and 8.00 feet northwesterly from a curve in the northwesterly line of Lot 'B" having a radius of 1244.00 feet, a radial line of said curve from said point bears South 24'48'56" East; thence along said curve northeasterly 46.65 feet through a central angle of 2'08'06'; thence radially from said curve South 22'40'50' East 14.00 feet to a point on a non- tangent curve concave southeasterly, having a radius of 1238.00 feet and being concentric with and 6.00 feet southeasterly from said curve in the northwesterly line of Lot 'B'; thence along a line parallel and/or concentric with said northwesterly line of Lot 'B' through the following courses: along said curve southwesterly 208.68 feat through a central angle of 9'39'29"; thence tangent from said curve South 57'39'41" West 7.00 feet to a line bearing South 32'20'19' East from said most southerly corner of Lot 75; thence North 32'20'19' West 6.00 to the Point of Beginning. Resos\96-81 4 EXHIBIT 'A' TO RESOLUTION NO. 96-81 CONTINUED Lots 37,38,61,62,69,70,71,72 and 'A': Beginning at a point on that certain course in the easterly line of said Lot 72 shown as 'North 4'25'05' West 1 1 3.66 feet" distant thereon North 4'25'05" West 65.00 feet from the southerly terminus thereof; thence South 85'34'55" West 8.00 feet to a line parallel with the westerly line of said Lot 'A"; thence along said parallel line North 4'25'05' West 1 1 0.00 feet; thence North 1'55'14' West 75.00 feet; thence North 4'45'35- East 86.23 feet; thence North 10'51'41' East 20.19 feet to a point on the southerly line of said Lot 62 distant thereon North 84'21'56' West 5.00 feet from the southeasterly corner thereof, said point being on a non-tangent curve concave easterly and having a radius of 1260.00 feet, a radial line of said curve from said point bears South 82'50'1 2' East; thence along said curve northerly 74.98 feet through a central angle of 3'24'34'; thence non-tangent from said curve North 0033'25' East 39.87 feet; thence North 13' 16'20" East 73.06 feet; thence North 13'45'20' East 156.36 feet; thence North 36'36'25' West 48.41 feet to the southerly line of said Lot 38; thence North 17'25'58' East 295.21 feet; thence North 14'17'53" East 109.85 feet; thence North 54'42'00" West 80.00 feet to the northerly line of said Lot 37; thence along said northerly North 73'15'00' East 4.00 feet to an angle point therein; thence continuing along said northerly line South 84'24'00' East 99.63 feet to the northeasterly corner of said Lot 37; thence along the northerly line of said Lot "A', continuing South 84024'00" East 6.00 feet to a point on a non-tangent curve concave westerly, having a radius of 951.00 feet and being concentric with and 6.00 feet easterly from the westerly line of said Lot 'A', a radial line of said curve from said point bears North 84'24'00' West; thence along a line parallel and/or concentric with said westerly line through the following courses: along said concentric curve Southerly 157.73 feet through a central angle of 9'30'1 1 '; thence tangent from said curve South 15'06'1 l' West 460.14 feet to the beginning of a tangent curve concave easterly and having a radius of 1249.00 feet; thence along said curve southerly 425.54 feet through a central angle of 19'31'16"; thence tangent from said curve South 4'25'05' East 69.60 feet to a line bearing North 85'34'55' East from the Point of Beginning; thence South 85'34'55' West 6.00 feet to the Point of Beginning. Resos\96-81 5 E IT "B" TO RESOLUTION NO. 96- 81 Tract No. 22916-3 "ARADO act No. 229 LEGEND EASEMENT AND/OR RELATED LOT FOR SLOPE MAINTENANCE PURPOSES TO BE ACCEPTED BY TRE CITY OF TENIECULA AND THEN QUITCLAE'VIED TO THE TEMEECULA CONA@TY SERVICES DISTRICT TRACT 23125-', LOT 43 N. T. S. CHA NOTE: NIAPS ARE NOT TO SCALE