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HomeMy WebLinkAbout97-117 CC ResolutionRESOLUTION NO. 9%117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A SLOPE EASEMENT FROM MARGARITA CANYON LLC FOR CREATING SLOPES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASF_aMENT ACCEPTANCE IN CONNECTION THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, 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 1-15fHighway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the realignment of streets near the property owned by Margarita Canyon LLC. C. As part of the construction of the street improvements it is necessary for the City to obtain a slope easement from the property designated in the attached agreement. D. Acceptance of the slope easement promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves that certain "Slope Easement" to the City of Temecula from Margarita Canyon LLC attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said 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 implementation of the easement described in Section 2. Resos\97-117 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 28th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor City Clerk CMC/AAE [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. 97-117 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of October, 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemarts, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CMC/AAE City Clerk Rcaos\97-117 2 EXHIBIT "A" Recording rcqucstcd by and when recorded return to: No recording fee required pursuant to Government Code Section 6 i 03 APN 922-110-029 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Electr{md, In(;:. p Califorpia Coroorati9p, dba I~.(;;.I. (hereinafter referred to as "GRANTOR") does hereby grant to CITY OF TEMECULA, a municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE") a perpetual non-exclusive easement and right of way for public and public utility construction, operation, and maintenance purposes, including, but not limited to, sewage transmission and storm drains, in, on, over, under, upon, along, through and across the property hereinafter described, together 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 California, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include: (a) The temporary use of such adjacent land of Grantor as is necessary to install the facilities provided for under the term of the easement granted herein; and (b) 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 dghts herein granted. Grantor retains the fight to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no trees 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 work by Grantor, or any one working through or under Grantor, affecting the surface or ~ubsurface of the 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 rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's 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 the 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 successor-in-interest of the Grantor, by acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood 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 WITNESS WHEREOF, this instrument has been executed the ~/~ day of ~2 ),-~ GRANTOR(S): ELECTREND, INC., a California Corporation, dba E.C.I.