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HomeMy WebLinkAbout09_017 CC ResolutionRESOLUTION NO. 09-17 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION OF ASSESSOR'S PARCEL NUMBER 962-580- 090 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 962-580-090, 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- 580-090 described on the legal description and depicted on the map attached to the Quitclaim Deed as Exhibits "A" and "B" 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 real property interest 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:/Resos 2009/Resos 09-17 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 "B" 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 10th day of February, 2009 aryann Edwards, Mayor J ATTEST: [SEAL] R:/Resos 2009/Resos 09-17 2 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. 09-17 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 h day of February, 2009, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ' Susan 7 . Jones MMC City Clerk R:/Resos 2009/Resos 09-17 3 Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 WOLF CREEK DEVELOPMENT LLC, A California Limited Liability Corp. 255 East Rincon Street, Suite 200 Corona, California 92879 Recording Fee: Exempt pursuant to Government Code §S 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER The undersigned grantor declare(s) This Quitclaim Deed is for v'Portions of APN 962-580-090 Documentary Transfer Tax is $_.00 computed on the full value of property conveyed, or u mmnnted nn thr fill vah~e lecc the vnlna of liene nr enenmhmnree remainino therenn at thr time of sale. 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 February 10, 2009. 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 r 915476-3 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. 962-580-090, 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 Grantor 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, THEREFORE, 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 and 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 subject to all matters of record and any and all other matters affecting said Property. Grantor, however, reserves 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. Said blanket easement is congruent with the portion of APN 962-580-090 that is the subject of this Quitclaim Deed, which is described and depicted on Exhibits "A" and "B" hereto and incorporated herein by this reference. 915476-3 IN WITNESS WHEREOF, these presents are hereby signed this day of ' February 2009. GRANTOR CITY OF TEMECULA, a municipal corporation By: Maryann Edwards, Mayor ATTEST: SUSAN JONES, MMC, City Clerk Approved as to form: PETER M. THORSON, City Attorney GRANTEE WOLF CREEK DEVELOPMENT, LLC By: Title: By: Title: 915476-3 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 89 OF TRACT 33124 AS SHOWN BY MAP ON FILE IN BOOK 415, PAGES 27 THROUGH 39, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF WOLF VALLEY ROAD AND WOLF CREEK DRIVE S. AS SHOWN ON TRACT 29305-1 AS SHOWN BY MAP ON FILE IN BOOK 350, PAGES 65 THROUGH 78, INCLUSIVE, OF MAPS, AND ON TRACT 29305 AS SHOWN BY MAP ON FILE IN BOOK 378, PAGES 36 THROUGH 48, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE CENTERLINE OF SAID WOLF CREEK DRIVE S., SOUTH 52°05'35" EAST, A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID CENTERLINE NORTH 37°54'25" EAST, A DISTANCE OF 33.00 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF WOLF CREEK DRIVE ' S., SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 52°05'35" EAST, A DISTANCE OF 57.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 37°54'25" EAST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 52°05'35" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 37054'25" EAST, A DISTANCE OF 8.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 89; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 52°05'35" WEST, A DISTANCE OF 77.00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 89; THENCE ALONG SAID NORTHWESTERLY LINE OF LOT 89, SOUTH 37°54'25" WEST, A DISTANCE OF 6.00 FEET; 11/25/2008 POR. LOT 89 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION THENCE ALONG WESTERLY LINE OF SAID LOT 89, SOUTH 05°54'06" EAST, A DISTANCE OF 28.30 FEET, TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. e~9'4e"L- ANTHO J. TERICH R.C.E. 21914 EXPIRATION DATE 9/30/09 Zia fY DATE No. 219144 EXP. 9-30-09 / 11/25/2008 POR. LOT 89 Page 2 of 2 r_ 1 20 0 10 20 EXHIBIT "B" SCALE: 1" = 20 P ~OPQ ~P WOLF VALLEY ROAD O I pF~yq%q p SI TE I LOOT "D" TR. 29305-t WOLF CREEK PROJECT I M .n.. 350/65-78 VICINITY MAP I~ Q I ~ COTY( OF TEMECULA PER DEED RECORDED WOW= AS NOT. I r KOO.2003-582234OOFF5COAL LLJ RECORDS OF ROWERSVE I J COUKTV, CALOFO ° KOA Q N i N N52'05'35"W _ o~- qrn aoressi to V) 77.00' i v o w p~° I.T f 552.05'35"E o in 5.00' w 06 N Lr) I O W Q N n No' 21914 'It S EXP. 9-30-09 p LOT 89 TR. 33124 0 z C/V%~ (N,~ M.B. 415/27-39 M N l f CALF sy ~O. Z N , 00, d R/W 57.00' M T. P. 0. B. s52.05.35°E Z' w I QI o LOOT "A" Tug,' 20305 V &D. ~a3~e I P. 0. C. M~ to z F CREEK _JL~ 552.05'35°E 70.00 DRIVE S-