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Home My WebLink About12-034 CC Resolution RESOLUTION NO. 12-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF ACCESS EASEMENT AND A GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT IN CONNECTION WITH A PROPOSED GROUNDWATER MONITORING WELL ADJACENT TO TEMECULA CREEK TRAIL PARK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Rancho California Water District ("RCWD"), in behalf of the United States Geological Survey (`USGS'), has proposed the installation of a ground-water monitoring well within private property located north of and adjacent to the City's Temecula Creek Trail Park ("Park"); and WHEREAS, a monitoring well, located near Temecula Creek and adjacent to the Park, will provide the ability for USGS to monitor long-term water quality, real-time water- levels and to aid local government agencies in management of water resources within the Temecula Valley; and WHEREAS, RCWD requires a Grant of Access Easement and a Grant of Temporary Construction Easement from the City in order to construct and access said monitoring well located within an adjoining property, immediately outside the Park boundary; and WHEREAS, the City Council of the City of Temecula hereby desires to grant to RCWD a Grant of Access Easement and a Grant of Temporary Construction Easement to construct and access the monitoring well site described in Exhibit "A" and shown in Exhibit "6" of said easements attached hereto. THEREFORE, BE IT RESOLVED, that the City Council approved the `Grant of Access Easement' and `Grant of Temporary Construction Easement' attached hereto and authorizes the Mayor to execute the two easements on behalf of the City. R:/Resos 2012/Resos 12-34 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of April, 2012. i ' / � uck Washington, Mayor ATTEST: Susan . Jo es, MMC � City CI k [SEAL] R:/Resos 2012/Resos 12-34 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. 12-34 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of April, 2012, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None (�C// Susan . Jones, MMC City Clerk R:/Resos 2012/Resos 12-34 3 RECORDING REQUESTED BY RANCHO CALIFORNIA WATER DISTRICT AFfER RECORDATION RETURN TO: RANCNO CALIFORNIA WATER DISTRICT 4215$ WINCHESTER ROAD POST OFFICE BOX 9017 TeMecuu►, CA 92589-9017 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE GRANT OF ACCESS EASEMENT FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged, City of Temecula, a Municipal Corporation Hereby GRANT(S) to RANCHO CALIFORNIA WATER DISTRCIT, a public corporation, a perpetual non-eacclusive access easement and right-of-way over, upon, along, through, and across the real property situated in the County of Riverside, State of California, hereinafter described: See Exhibits "A" and "B", Attached and Made a Part Hereof Together with the right to enter upon and to pass and repass over and along said strip land for the construction, operation, and maintenance of the facilities to be constructed in adjacent property by the RANCHO CALI�ORNIA WATER DISTRICT. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assigns, to use the surface of the land within the boundary lines of said easements and rights-of-way fo the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the RANCHO CALIFORNIA WATER DISTRICT; provided however, that no fences, block walls, structures, or other improvements shall be ' constructed upon, over, and along said easements and rights-of-way without first obtaining the written consent of the RANCHO CALIFORNIA WATER DISTRICT. No additional fill and/or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said access easement after construction, without first obtaining the written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instrument has been executed this day of , 2012 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed CITY OF TEMECULA by deed or grant dated , 2012 from the CITY OF TEMECULA to Rancho Califomia Water District, a public agency and subdivision in the Sate of Califomia, is By: hereby accepted by order of the undersigned officer on Chuck Washington, Mayor behalf of the Board of Directors pursuant to the authority � conferred by Resolution No. 2004-5-2 of the Board of ATTEST: Directors adopted on May 13, 2004 and the grantee consents to recordation thereof by its duly authorized By: officer Susan W. Jones, MMC, City Clerk Approved As To Form: By: Peter M. Thorson, City Attorney EXHIBIT "A" WELL ACCESS EASEMENT That certain parcel of land situated in the County of Riverside, State of California, being a portion of Lot 2 and Lot 16 of Tract No. 29432 recorded in Book 308 pages 59 through 68 of Maps, as adjusted by Lot Line Adjustment No. 4463, recorded June 13, 2002 as Instrument No. 323116, records of Riverside County California more particularly described as follows: COMMENCING at a point in the westerly boundary of Lot 2 of the aforementioned Tract No. 29432, said point lying on the northerly right-of-way of Butterfield Stage Road, 50.00 foot half- width, said right-of-way being a curve concave northeasterly having a radius of 1950.00 feet, a radial line to the beginning of said curve bears S.57°48'02"W.; Thence northwesterly along the arc, through a central angle of 01 °19'33", a distance of 45.12 feet to the TRUE POINT OF BEGINNING; Thence continue no�thwesterly along said curve through a centraf angle of 00°40'43", a distance of 23.10 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N.62°53'43"W., a radial distance of 20.00 feet; Thence departing said right-of-way northerly along the arc, through a central angle of 47°10'52", a distance of 16.47 feet; Thence N.20°04'35"W., a distance of 85.77 feet to a point of curve to the right having a radius of 20.00 feet and a central angle of 88°34'19"; Thence northeasterly along the arc a distance of 30.92 feet; Thence N.68°29'43"E., a distance of 70.12 feet to a point of curve to the right having a radius of 20.00 feet and a central angle of 18°59'35"; Thence easterly along the arc a distance of 6.63 feet; Thence N.87°29'19"E., a distance of 18.35 feet; Page 1 of 3 EXHIBIT "A" WELL ACCESS EASEMENT Thence N.02°30'41 "W., a distance of 55.92 feet to a point on the northerly property line of that parcel of land vested in the County of Riverside, on behalf of County Service Area NO. 143, per deed recorded April 15, 2003 instrument number 2003-263648 official records of Riverside County recorder; Thence along said northerly property line vested in the County of Riverside, S.66°13'52"E., a distance of 33.46 feet; Thence southeasterly departing said northerly property line S.02°30'41 "E., a distance of 41.11 � feet; Thence N.87°29'19"E., a distance of 20.00 feet; Thence S.02°30'41"E., a distance of 20.Q0 feet; Thence S.87°29'19"V11., a distance of 77.30 feet to a point of curve to the left having a radius of 20.00 feet and a central angle of 18°59'35' ; Thence westerly along the arc a distance of 6.63 feet; Thence S.68°29'43"W., a distance of 33.79 feet to a point of curve to the left having a radius of 18.00 feet and a central angle of 48°06'14' ; Thence southwesterly along the arc a distance of 15.11 feet; Thence S.20°23'30"W., a distance of 16.49 feet to a point of curve to the left having a radius of 18.00 feet and a central angle of 40 Thence southerly along the arc a distance of 12.71 feet; Thence S.20°04'35"E., a distance of 79.36 feet to a point of curve to the right having a radius of 18.00 feet and a central angle of 79°30'33"; Thence southerly along the arc a distance of 24.98 feet; . Page2of3 EXHIBIT "A" WELL ACCESS EASEMENT , Thence S.59°25'58"W., a distance of 0.50 feet to the true POINT OF BEGINNING. Containing 6,226.49 square feet, 0.1429 acres more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. This Description was prepared by me � �AND Or under my direction: S �,a SU�, ��J� � �� N0. 7394 . Exp. 92/31/2Qf� Rudy E. Nunez P. E. :.S. s �'�9jF �� PLS No. 7394 Exp. /31 /13, � �A�� , February 13, 2012 Page 3 of 3 , SHEET 1 OF 2 EXHIBIT �B� NORTHERLY DEED WELL ACCESS EASEMENT LI APRIL R5C INST. N0. 2003-263648 PJF i7JJ��J Jr I rJ r Ja OFFICIAL RECORDS 7r;A�7 ��'f�� 1�i1,� �OS/��c�� /, �l . • � 1 �+ � � �r� J �� I ,,�% i' � , /` ,�. r ,,, � � i , �.. \ J / i '.-� � � �� \ �� j ��,,, , � � , �-. �"� � � j� j j, , t 2 ' j , � � �i � , j; ', , �� j / /�; , � �/, ,i i % � % . " � ;" • �i �` � _ ``— ----_ ,--,� , ;� , �'\ � � 7'/ / 1 � � i � -�- � W � �� ' ,� �� SOUTHERLY DEED L I NE AS RECORDED \ �>i> /- APRIL 15, 2003 INST. N0. �� /�� 2003-263648 OFFICIAL RECORDS � � �� - - -R. c�� i�_ .; � - C: �` � � � � -� f � �' , P�F;71J��J Jr C� ' i� S� �� - LJ7 � CD ' ; ♦ � %� e � .` �, � � (�Y � NOTE: SEE SHEET 2 � �' ��; 1 FOR CURVE AND L I NE � � �° � ��' I NFORMAT I ON \ , � � -- _ - -�1�) ��- + -- �fl �2� �i � TPOB r ' � �° �`�'� ' � ` POB —��_` l � ` �� 1_ANQ S � ,- PREPARED UNDER THE �,��'�� E � N�� SUPERV I S I ON OF: � J� ��'� � LEGEND 4 ,� N0. 7394 TPOB = TRUE POINT OF BEGINNING �. -/---- POB = PO I NT OF BEG I NN I NG �; - , �_--� �-� � Exp. 12/31/2013 � , ; / , � PROPOSED EASEMENT �� RUDY E. NUNEZ � s raT .__,__ �` � r � % %��' AREA L.S. 7394 2/13/12 � ��F CA��F� SHEET 2 OF 2 EXHIBIT �B� WELL ACCESS EASEMENT PROPERTY LINE DATA C� DELTA/BRG RADIUS LENGTH 1 0= 01 ° 19'33' 1950.00 45.12 2 0= 00 195 23.10' 3 0= 47 20.00' 16.47' 4 N20 -- 85.77' 5 0 88 20.00` 30 .92' 6 N68 -- 70.12' 7 �= 18°59'35" 20.00' 6.63' 8 N87 ° 29 '19"E -- � 18.35" 9 NO2`30'41"W -- 55.92' 10 � S66�13'S2"E -- 33.46'� 11 S02 -- 41.11' 12 N87 -- 2 0.00 ' 13 S02 -- 20.00 14 S87"29'19"W -�— 77.30' 15 0= 18`59'35" 20.00' 6.63' 16 S68 -- l 33.79' 17 0= 48 18.00' 15.11 18 S20 - 16.49' 19 0= 4 0 ° 28'05" 18.00' 12. 20 S20`04`35"E -- 79.36' 21 0 79 1$.00' 24.9 22 � S59 -- 0.50 c0 � �'�..� � U PREPARED UNDER THE �c�,�'�� E� N�\� SUPERV I S I ON OF: ��J ��, .-- �� N0. 7394 Exp. 12/31 /2013 / � - . --- �.�% - ..y - � - `" �k � RUDY E. r�U►vEZE ��— s �'9 rF � 1 �� P L.S. 7394 2/13/12 RECORDING REQUESTED BY RANCHO CALIFORNIA WATER DISTRICT AFfER RECORDATiOiY RETURN TO: RANCNO CALIFORNIA WATER DISTRICT 4Z13$ WINCHESTER ROAD POST OFFICE BOX 9017 • TeMecuu►, CA 92589-9017 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged, City of Temecula, a Municipa) Corporation Hereby GRANT(S) to RANCHO CALIFORNIA WATER DISTRCIT, a public corporation, a temporary construction easement and right-of-way over, upon, along, through, and across the real property situated in ihe County of . Riverside, State of California, hereinafter described: See Exhibits "A" and "B", Attached and Made a Part Hereof It is understood and agreed that this easement shall expire upon completion of construction IN WITNESS WHEREOF, this instrument has been executed this day of , 2012 CERTIFICATE OF ACCEPTANCE CITY OF TEMECULA This is to certify that the interest in real property conveyed by deed or grant dated 2012 from the CITY OF TEMECULA to Rancho By: California Water District, a public agency and Chuck Washington, Mayor subdivision in the Sate of California, is hereby accepted by order of the undersigned officer on ATTEST: behalf of the Board of Directors pursuant to the authority conferred by Resolution No. 2004-5-2 of the By: � Board of Directors adopted on May 13, 2004 and the Susan W. Jones, MMC, City Clerk grantee consents to recordation thereof by its duly authorized officer Appr�ved As To Form: By: Peter M. Thorson, City Attorney EXHIBIT "A" . WELL TEMPORARY CONSTRUCTION EASEMENT That certain parcef of land situated in the County of Riverside, State of California, being a portion of Lot 16 of Tract No. 29432 recorded in Book 308 pages 59 through 68 of Maps, as adjusted by Lot Line Adjustment No. 4463, recorded June 13, 2002 as Instrument No. 323116, records of - Riverside County California more particularly described as follows: COMMENCING at a point in the westerly boundary of Lot 2 of the aforementioned Tract No. 29432, said point lying on the northerly right-of-way of Butterfield Stage Road, 50.00 foot half- width, said right-of-way being a curve concave northeasterly having a radius of 1950.00 feet, a radial line to the beginning of said curve bears S.57°48'02"VV.; Thence northwesterly along the arc, through a central angle of 05°43'21 ", a distance of 194.76 feet; � Thence departing said curve northeasterly along the northerly property line of that parcel of land vested in the County of Riverside, on behalf of County Service Area NO. 143, per deed recorded April 15, 2003 instrument number 2003 263648 official records of Riverside County recorder, N.64°04'47"E., a distance of 30.33 feet; Thence East, a distance of 15.28 feet to a point of curve to the left having a radius of 16.68 feet and a central angle of 64°42'34"; Thence northeasterly along the arc a distance of 18.84 feet; Thence N.18°42'45"E., a distance of 34.59 feet; � Thence N.65°23'17"W., a distance of 14.26 feet to a point of curve to the right having a radius of 20.71 feet and a central angle of 89°41'51 "; Thence northerly along the arc a distance of 32.42 feet to a point of compound curve to the right having a radius of 22.95 feet and a central angle of 60°00'39"; Thence northeasterly along the arc, a distance of 24.04 feet; Thence S.89°18'22"E., a distance of 26.08 feet to the TRUE POINT OF BEGINNING; Thence cantinue easterly afong said line, a distance of 16.64 feet to a point of curve to the right ` having a radius of 36.51 feet and a central angle of 19°28'25"; Thence easterly along the arc a distance of 12.41 feet; Thence S.66°13'52"E., a distance of 51.84 feet; Page 1 of 2 EXHIBIT "A" WELL TEMPORARY CONSTRUCTION EASEMENT Thence N.76°09'32"E., a distance of 35.57 feet; Thence southeasterly departing said northerly property line of that parcel of land vested in the County of Riverside S.02°30'41 "E., a distance of 45.56 feet; Thence S.87°29'19"W., a distance of 88.35 feet to a point of curve to the left having a radius of 20.00 feet and a central angle of 18°59'35"; Thence westerly along the arc a distance of 6.63 feet; Thence S.68°29'43"W., a distance of 16.01 feet; Thence N.02°30'41 "W., a distance of 71.52 feet to the TRUE POINT OF BEGINNING. Containing 5,688.92 square feet, more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. This Description was prepared by me �AND Or under my direction: ��Oy E ��, G � � � G �F � N0. 7394 * Exp. 12/31/201$ Rudy E. Nunez P. .L.S. `��'q�. �� PLS No. 7394 Exp. 12/31 /13, � cA�� February 14, 2012 Page 2 of 2 SHEET 1 OF 2 EXHIBIT �B� NORTHERLY DEED WELL TEMPORARY LINE AS RECORDED APRIL 15, 2003 CONSTRUCTION EASEMENT INST. N0. 2003-263648 �'Jr,71J1�1 Jr L�J'7 Ji� OFFICIAL RECORDS 7F3A�7 2�%f�� J�11r3 �D�/.�.��a� TPOB� I T , ��J �� ! 1�� T I � �._. t l� % �//� , �t,` ` ^' \ � ' � / i f f / / \` �� / r" �l ��/;� ;/;� /,` �/,� ///;; ` �l :� / ; ; ;;' / � / � � , : � ._ ��,_ � ; � �; ,• r : � � /��i ,, i ( -� \ `:� ,! �'�',; �j �;� / ,' j !� '/. � , ; �� , � ,� �. .% � � / /- � i ��'� / 1 „ ( , J � �^ � � �J � , �� --�� / � � �� [ _� `i lv� SOUTHERLY DEED LINE AS RECORDED � ,\ APRIL 15, 20Q3 INST. N0. � � � 2003-263648 OFFICIAL RECORDS �'� ---R co� �- � '� � � -� � � �Jri7JJ��1 Jr �� LJ7 L \\� �� ,� � �� NOTE: SEE SHEET 2 I FOR CURVE AND LINE � �° INFORMATION \ , �u�. ��o � �2 W� � S � / �h.� � POB �� \ � 1 AND S � � SUPERREDIONDE�R. THE ``�Jp� E � N U�F a _,� �,� LEGEND - N0 7394 TPOB = TRUE POINT OF BEGINNING �% POB = POINT OF BEGINNING ! .. _ � . Exp. 12/31 /2013 -- -�---�= =>-- ,� t� �/ � PROPOSED EASEMENT RUDY E NUNEZ :'� l ` �� f f�� AREA L.S. 7394 2/14/1� ! �- CA��F SHEET 2 OF 2 EXHIBIT �B� WELL TEMPORARY CONSTRUCTION EASEMENT PROPERTY LINE DATA Q DELTA/BRG RADIUS LENGTH 1 0= 05"43'21" 1950.00 194.76 2 N64°04'47"E -- 3Q.33' 3 N90°0 -- 15.28' 4 0= 64 16.68 18.84' 5 N18°42'45"E -- 34.59' 6 N65°23'17"W -- 14.26' 7 0= 89 20.71 32.42' 8 0= 60`00'39" 22.95' 24.04' 9 S89 -- 26.08• 10 S89 -- 16.64' 11 0 19 36.51" ��12.41' 12 S66`13'52"E -- 51.84' S3 N76 -- 35.57' 14 � S02 -- 45.56' 15 S87 -- 88.35' 16 0 18°59"35" 20.00' 6.63' 17 S68°29'43"W -- 16.01` 18 NO2"3Q'41"W -- 71.52' � �ANU SU PREPARED UNDER THE w�`' y E. iy '�G�, SUPERV I S I ON OF: v�J� G 'y t -• � r -� __�,.-- -__. N0. 7394 ,'�� j' � _ - Exp. 1 Z/31 /2013 �.- ,/'-- :.�.-�-'�� ti * RUDY E. t��UNEZ�-Y_%�-� ��TF pE- CA1.�F�\� L.S. 7394 2/14/12