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Home My WebLink About13-012 CC Resolution RESOLUTION NO. 13-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN OLD TOWN CITY-OWNED PARKING LOT (APN 922-046-025) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: On March 16, 2011, the Planning Commission approved Planning Application PA10-0251 for the construction of a four story multi-use building located at the southwest corner of Old Town Front Street and 3 Street ("Front Street Plaza" - Assessor Parcel Numbers 922-046-010 & 922-046-011). Section 2: Conditions of Approval for PA10-0251 require that all existing and proposed utilities be undergrounded pursuant to Title 15, Chapter 15.04 of the Temecula Municipal Code. Section 3: To complete the undergrounding of utilities, it is necessary for the Southern California Edison Company ("SCE") to obtain a utility easement from the City of Temecula located within City-owned property (Assessor Parcel Number 922-046- 025). Said property is located immediately south of the Front Street Plaza site and is currently used for public parking. Section 4: SCE has determined that a 1,000 square foot easement is necessary within the City property in order to connect the proposed underground conduit system to existing SCE facilities. Section 5: The City of Temecula hereby desires to grant to the Southern California Edison Company a Grant of Easement to construct and maintain � underground electrical facilities as described in Exhibit "A" and as shown in Exhibits "B" - and "C" of said easement attached hereto. Section 6: Based on the findings made in this Resolution, the City Council of the City of Temecula hereby approves a Grant of Easement to the Southern California Edison Company as identified on Exhibits "A", "B" and "C" attached hereto. Section 7: That upon the adoption of the resolution, the City Clerk is directed to file in the Office of the County Recorder, a certified copy of said resolution. Resos 13-12 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12 day of February, 2013. Michael . gar, Mayor ATTEST: � � Susan . Jon s, MMC City Cler [S EAL] Resos 13-12 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. 13-12 was duly and regularly adopted by the City Council of the City of Temecuta at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susa W. Jones, MMC City Clerk Resos 13-12 3 RECORDING REQUESTED BY � r SOUTHERN CALIFURNIA EDI��I An EDISOA' lNTER:V.AT(ONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2 Fioor Rosemead, CA 91770 Attn: Distribution/TRES SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF DOCUMENTARY TRANSFER TAX S NONE NALUE EASEMENT AND CONSIDERATION LESS THAN 5100.001 W ildomai TD614708 SCE Company Fib 483-1725-0 qppROVED SIG.OF DECLARANT OR AGENT �ETERMINING 7AX FIRM NAME APN 922-046-025 � Real Properties SLS/SM O 1 II.�LJ�LO 13 CITY OF TEMECLTLA (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporarion, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communicarion systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. '� Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erecrion, placement or mai.ntenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or inTerfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the , Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to . _._. such excavation as is practicable. Grantee shall not install any above-eround improvements on the above described real property within the existing pazking lot area. EXECUTED this day of , 20_. GRANTOR CITY OF TEMECULA Signature ~ Print Name • Title � GRANTEE - SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Dino J. LaBanca, Real Properties Deparnnent Date , � 2 DSE800984664 TD614708 State of California ) ) County of ) ' On before me, _.___ , notary public (here insert name ) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that helshe/they executed the same in hislher/theu authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed - the instrument. I certify under PENALTY OF PERJURY under the laws of the State af California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (This area for notary stamp) State of California ) ) County of ) On before me, , notary public (here insert name ) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument and aclrnowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instnzment the person(s), or the entity upon behalf of which the person(s) acted, executed the inshvment. I certify under PENALTY OF PERJiIRY under the laws of the State of Califomia that the foregoing paragraph is true and correct ' WITNESS my hand and official seal. Signature (This area for notary stamp) 3 DSE800984664 TD614708 EXHIBIT "A" TWO STRIPS OF LAND LYING WITHIN PORTIONS OF LOTS 6, 7, AND 8, IN BLOCK 29, TOWN OF TEMECULA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, [N THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND WITHIN A PORTION OF THE SOUTHEASTERLY 10.00 FEET OF THE 20.00 FOOT W1DE ALLEY WITHIN SAID BLOCK 29 VACATED BY RESOLUTION NO. 79-68, RECORDED ON APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSTDE COUNTY, DESCRIBED AS FOLLOWS: , STRIP #1 (13.00 FEEl" WiDE) � THE SOUTHEAST'ERLY LINE OF SAID STRIP BEMG DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHWESTERLY L1NE OF SAID LOT �, SAID POINT BEING IN A LINE PARALLEL WITH AND DISTANT 3.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT A1v ' FROM THE SOUTHEASTERLY LINE OF SAID ALLEY, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNINC; THENCE NORTHEASTERLY ALONG SAID PARALLEL LtNE, A DISTANCE OF 60.00 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO OLD TOWN DINING, LLC, RECORDED APRIL 27, 2004 AS DOCUMENT NO. 2004-030543] OF OFFICIAL RECORDS, ]N THE OFFICE THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, SAID SOUTHWESTERLY LINE BEING A LINE PARALLEL WITH AND DISTANT 6.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF LOT 9, (N SAID BLOCK 29. STRIP #2 (22.00 FEET WIDE) THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: ' BEGIIVYING AT SAID POINT "A"; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 7, A DISTANCE OF 10.00 FEET. � ' � FOR SKETCH TO ACCOMPANY LEGAL DESCKIPTION, SEE EXHiBIT "B" A'f"['ACHED HERETU AND ' MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. , � Q ��p F E S�r�,�,� �`�.`� �� iu4. B-4 l F y Prepared by me or under my direction: �� /f-� � c� t7 t� r�*+ � No. C-18619 � Dated: �� -' �� , 20I2 � Exp _�O._�� q�. �! V 1 �- ��P , �=a1�--r� � -%/ ;/-�'*�� C AL� GlennM. Bakke R.C.E. It[8619 Exp.6-30-13 4 DSE8Q098A664 � ti n,nv `� • / . 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