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Home My WebLink About94-038 CC ResolutionRESOLUTION NO. 94-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CAIJFORNIA, ACCEPTING A GRANT OF EASEMENT FOR PUBLIC ROADWAY PURPOSES AND INTO THE CITY-MAINTAINED STREET SYSTEM, A FORTION OF THE CUL-DE-SAC AT THE NORTHEASTERLY END OF SIXTH STREET. The City Council of the City of Temecula does resolve, determine and order as follows: W/IEREAS, the State of California, Department of Forestry and Fire Protection has granted an easement to the City of Temecula for public roadway purposes, a portion of Sixth Street; WHEREAS, the acceptance of the easement for this portion of Sixth Street subjects the City of Temecula to the standard provisions set forth in Exhibit "A", attached hereto; WHEREAS, the legal description for this portion of Sixth Street is set forth in Exhibit "A" and depicted in Exhibit "B", attached hereto; WHEREAS, this portion of Sixth Street has been improved to City of Temecula standards; WHEREa~, the City desires to accept the grant of easement for public roadway purposes, this portion of Sixth Street; WHEREAS, the City desires to accept this portion of Sixth Street into the City-Maintained Street System; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accepts the grant of easement for public roadway purposes, that portion of Sixth Street as described in Exhibit "A~ and depicted in Exhibit "B~ attached hereto. Section 2. That the City of Temecula accepts this portion of Sixth Street into the City- maintained street system at this time. Section 3. The City Clerk shall certify the adoption of this resolution. Resos 94-38 I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 26th day of April, 1994. Ron Roberts, Mayor ATTEST: [SEAL] Resos 94-38 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 94-38 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of April, 1994, by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Resos 94-38 3 EXHIBIT "A" TO RESOLUTION NO. 94- SUBJECT DEDICATION - PORTION OF SIXTH STREET ( Legal Description Attached) pwl 3\agdrpt\94\0426\sixthst.acc FROM:CDF TECH SERVICES ,~tale. of Celiforsiia Memorandum TO: 9~9 694 1999 J~JN 28, 199~ 8:32AM ~157 P.~i The Resources Agency To: Department of General Services (DGS) office of Real Estate & Design Services 400 R Street, Suite 5000 Sacramento CA 95814 Attention: Mr. Gerald Anderson Real Estate Officer From: Deparlment of Foreslry and Fire t'rolection Date: June 13, 1994 S37 Telephone: ATSS ( 8 ) 454-1183 (9i6) 324-i183 Subject: 3300 3340 3344 LANDS Land Management Easement (Reference TR93 133-E) Temecula FFS Riverside County Attached please find three (3) copies of Subject Easement Grant to the City of Temecula. The documents have been signed on behalf of the City, approved by CDF and now require DGS signature. When ~igned please return two (2) copies to our office for our record~ and further distribution. Thank you for your assistance in this matter. ~R~alFpr~p~aler Attachments cc: Chuck Horel Luke Serpa Bob Drage Post-It'" brand fax ~mnsmittal memo 7671 FROM:£DF TECH SERUICES TO: 909 694 1999 JUN ~8, 199~ 8:]~AM ~157 P.~ PP, OVIDED, this Grant of Easemenl is subject to the following terms and conditions: This Granl is subject to existing contracts, lee. sos, licenses, easements, encumbrances, and claims which may affect said property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exerc[se of this Easement, and Grantee agrees to save harmless, indemnify, and defend State, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by State, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of State. State rosen/es the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 4. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use this Easement for the purposes herein granted. Upon such termina- tion, Granlee shall forthwith upon service of written demand, deliver to State a qu{tclairn deed, to its right, title and interest hereunder, and shall, on State request, without cost to State, and within 90 days from written demand by State, rameve all property placed by or for Grantee upon said property and restore said premises as nearly as possible to the same condition they were in pt{or to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, Stale may do so at the risk of Grantee, and eli costs of such removal and resto. ration shall be paid by Grantee upon demand. I : ': ; ; EXHIBIT "A" TO RESOLUTION NO. 94- SUBJECT DEDICATION - PORTION OF SIXTH STREET ( Legal Description Attached) pwl 3\agdrpt\94\O426\sixthst.acc FROM:CDF TECH SERUICES TO: WIDEN RE¢ORI~II'I) MAll. 'TO 9~9 694 1999 JUN 28, 1994 8:33Rl"1 ~157 P. 02 L d AGREEMENT AND GRANT OF EASEMENT PUBLIC ROADWAY ^Bow ?.~s uN[ ~o~ R[CoRo[R'S USE Agency; Dop[ of Forestry and Fi~e Protection ,ProJect~ Temeoula Forest Fire Station rlie~ TR93 133-E THIS AGREEMENT AND GP. ANT OF EASEMENT is made and entered Inlo by and between the STATE OF CALIFORNIA, acting by, and through Its DIRECTOR OF GENERAL SERVICES, hereinafter called State, and CITY OF TEMECULA, hereinafter called Grantee. State, pursuant to the provisions of Section 146~ of the Government Code of the State of California, hereby grants unto Grantee, its successor~ and assigns forever, an easement to locate, relocate, construct, reconstru~, alter, use, maintain, inspect, repair, replace end remove a public roadway end appudenancea deemed necessa~ therefor by Grantee, over, on, under and across that cad. sin reel property situated In the City of Tamecute, County of RNarside, Staid of California, being those portions of Lots t0 through 14. Block 1 of the Town of Temeeula as shown on s map thereof filed in Book 15, Page 726 of Maps in the Office of the County Recorder of San Diego County, California, described Is follows: Commencing at a point being the intersection of the ~ou~hwesterly line end the $o~heasterly line of sai(f Block 1; said point also being the most southerly corner o! Lot 1 of said Block 1; and said southeasterly line of Block 1 being, for its, e~tire length, identical to the northwesterly I!ght of way line of Sixth Street; thence, from said point of commencement, North 44°21'15" East 237.5 feet along ~aid southeasterly line of Block 1 to the TRUE POINT OF BEGINNING; thence leaving said southeasterly line of Block 1, Nozf. h 29'01°29' East 15.12 feet; thence North 28'05'38" East 50.00 feet to the beginning of · tangent curve, concave southeasterly, hevlng a radius of $0.00 feet; thence northeasterly arong the ere of said curve through a castrol angle of e2'12'03" an arc distance of 54,28 feet to a point on the nortl~eas[erly line ol' said Lot 14; thence South 45'31'15" East 4,77 feet along said northeasterly line of Lot 14 to its point of interfaction with said southeasterly line of Block 1, said point of intersection being the most easterly corner of $ai~ Lot 14; thence South 44'21'15" West 112.5 feet along sold southeasterly line o! Block 1 to said 'TRUE POINT OF BEGINNING, Basis of Bearings for foregoing described courses being: North 44°21'15" East for the centerline of Sixth Street; said street having 60.00 feet wide right of way, comprising of 30,00 feet on each side of ~t~eet centerline, measured perpendicular to street centerline. as shown on a Survey Plal based upon a field survey make by "Walker" in 1958 for State of California, Department of Forestry and Fire Protection (CDF), a copy of which is OI1 file at CDF Headquarters, Sacramento, California REs-ago TIlE ~]~VISZONJ~ (~'~HE R]~VBRSE Sll~] HEREOF CONa?ITUTZ A PART Ol~ '~HZ$ AORF, ZMENT O~ANTF, S: CITY OF Tf]~IECULA - .... Ron Roberts, Mayor PROVIDED, this Grant of Easement is subject to the following terms and conditions: This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. Grantee waives all claims against State, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to save harmless, indemnify, and defend State, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by State, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of State. State reserves the dght to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 4. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use this Easement for the purposes herein granted. Upon such termina- tion, Grantee shall forthwith upon service of written demand, deliver to State a quitclaim deed, to its dght, title and interest hereunder, and shall, on State request, without cost to State, and within 90 days from written demand by State, remove all property placed by or for Grantee upon said property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, State may do so at the dsk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. EXHIBIT "B" TO RESOLUTION NO. 94- SUBJECT DEDICATION - PORTION OF SIXTH STREET (Map Attached) pw 13\agdrpt\94\0426\sixthst.acc