HomeMy WebLinkAbout97-106 CC Resolution__ RESOLUTION NO. 97-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~IECULA
GRANTING AN EASEMF~NT TO EASTERN MUNICIPAL WATER
DISTRICT FOR SEWER FACH,ITIES AND AUTHORIZING THE
EXECUTION AND RECORDATION OF A GRANT OF EASEMENT IN
CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RESOLVF.~, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the design of the
improvements for the 1-15/Highway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the relocation of the Eastern
Municipal Water District's Sewer lift station which is currently located on what will
become a portion of the street improvements.
C. As part of the relocation it is necessary for the City to convey the portion
of its property designated in the attached Grant Deed to EMWD for the lift station.
D. Additionally it is also necessary for the City to convey an easement to
Eastern Municipal Water District for maintenance of the sewer lift station as described in
attached Grant of Easement to EMWD.
D. Conveyance of the easement to the Eastern Municipal Water District
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temecula hereby approves of the
conveyance of the easement by Grant of Easement to the Eastern Municipal Water District as
specified in the form of the Grant of Easement attached hereto as Exhibit A., and authorizes and
directs the Mayor to execute said Grant of Easement on behalf of the City in substantially the form
of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the conveyance of the easement described
in Section 2., including but not limited to escrow instructions.
R¢~oa\97-106 I
Section 4. The City Clerk is hereby authorized and directed to record the Grant of
Easement upon acceptance by the Eastern Municipal Water District.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
Greek, CMC/AAE
City Clerk
[SEAL]
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. 97-106 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the ?th day of October, 1997, by the following
vote:
5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES
0 COUNCILMEMBERS: None
ABSENT:
0 COUNCILMEMBERS: None
ABSTAINED: I
COUNCILMEMBERS: Stone
Rews\97-106 2
June S. Greek, CMC/AAE
City Clerk
IExhibit "A"
Recording requested by and
when recorded return to:
EASTERN MUNICIPAL WATER DISTRICT
P.O. Box 8300
San Jacinto, CA 92581-8300
Attn.: Don Simpson
Right of Way Depnnment
This document must be signed in
the presence of Notary. and notarized.
No recording fee required pursuant
To Government Code Section 27383
APN 922-110-00~
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Temecula. a Municipal
Comoration
(hereinafter referred to as "GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a
municipal water district, its successors and assigns (hereinafter referred to as 'GRANTEE") a perpetual non-
exciusNe easement and right of way to construct, enlarge, reconstruct, remove and replace, operate, inspect,
maintain, repair, improve and relocate, sewage transmission and collection facilities, including, but not limited to,
gravity pipelines, pressure pipelines, manholes, connections and appurtenant equipment for the collection and
transmission of sewage, in, on, over, under, upon, along, through and across the property hereinafter described,
togather with reasonable right of access for equipment and vehicle right of way, in, on, over, upon, along, through
and above said easement.
Said easement shall be in, under, over, and across that certain property situated in the County of Riverside, State
of Calitomia, described as follows:
(SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF)
The foregoing easement shall include the right to enter upon and pass and repass over and along said strip or
strips of land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and
employees, and by persons under contract to construct said pipeline or pipelines, and their employees, whenever
and wherever necessary for the purpose of exercising the rights herein granted.
Grantor retains the right to the use of the land described herein except as to any use in derogalion of the easement
contained herein, and speci~cally agrees that no lines shall be planted thereon and no buildings or other structures
of any kind, except landscape planters and stripped parking, will be placed, constructed, or maintained over the
real property described herein. Any worx by Grantor, or any one working through or under Grantor, affecting the
surface or subsurface of Ihe ground subject to this easement shall be performed only after giving written notice by
certified mail, postage paid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail.
Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work
and is subject to approval by Grantee. Notwithstanding the foregoing, the surface of the ground with respect to
the distance from the ground surface to the top of any pipes, as of the date of this easement, shall not be changed
by any party other than Grantee, if it results in:
(a)
"Cutting" or removing the soil which leaves less than forty-eight (48) inches of soil over the top of the pipe;
and
(b) "Hauling" in of soil or "filling" which will leave more than twelve (12) feet of soil over the top of any pipe.
It is understood that the permanent easements and the nghts of way above described shall be acquired subject
to the rights of the Grantor, Grantors successors, heirs and assigns, to use the surface of the real property within
the boundaries of such easements and rights of way. It is understood that any use of Ihe surface rights by Grantor,
'and Grantor's successors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee,
its successors, heirs and assigns, and each succassor-m-interast of the Grantor, by acceptance of a conveyance
of said property or interest therein adm~ ar~ a~rees that any such use is a continuing perrmss~ve use. It is
understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the
foregoing, it is unde~oc~ and agreed that this Grant of Easement shall not be construed as a Grant of Fee Title.
Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurface of the real
property hereinabove described to the condition said property was in as of the time of performance of any
enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance, repair,
improvement and relocation, and such restoration shall be performed with due diligence and dispatch.
IN VVlTNESS WHEREOF, this instrument has been executed the day of
.1997.
GRANTOR(S): CITY OF TEMECULA, a Municipal
Corporation
Date: By:
CI:=RTIFtCA'F!= OF ACCFPTANC!=
This is to certify that the interest in real property conveyed by Grant of Easement dated
from
to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water distri~, is hereby accepted by the
undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No.
80 of the Board of Directors adopted on Janumy 14, 1953, and the Grantee consents to the recordation thereof
by its duly authorized officer or agent.
Date:
EASTERN MUNICIPAL WATER DISTRICT
(SEAL)
By:
Mary C. White, Secretary
of the Eastem Municipal VVater District
And the Board of Directors thereof