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HomeMy WebLinkAbout15-046 CC Resolution RESOLUTION NO. 15-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A RIGHT OF ENTRY AND ACCESS AGREEMENT BETWEEN THE STEWART GROUP, LLC AND THE CITY OF TEMECULA IN CONNECTION WITH THE OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City') is a municipal corporation, located in the County of Riverside, State of California. The Old Town Front Street Pavement and Storm Drain Rehabilitation Project ("Project") is identified in the City's Capital Improvement Program for Fiscal Years 2016-2020. The Project will rehabilitate the pavement on Old Town Front Street between Temecula Parkway and First Street and construct certain storm drain improvements on Old Town Front Street. The storm drain improvements include the removal and replacement of existing concrete ribbon gutter, installation of approximately 180 linear feet of 30-inch high density polyethylene (HDPE) storm drain pipe, installation of a 36-inch diameter, 13-foot deep packaged stormwater lift station and associated electrical lines, installation of a 12-inch by 12-inch cast-in- place concrete storm drain inlet, and parking lot repaving work. Additional storm drain work being performed within the City right of way includes the removal of an existing 16- inch wide concrete cross-gutter in Old Town Front Street, installation of two 24-inch HDPE storm drain lines, and construction of two cast-in-place concrete stormwater catch basins. B. The construction of the Project will require the acquisition of an approximate 5,160 square foot permanent easement on the real property identified Riverside County Tax Assessor's Parcel Number 922-110-022, which is owned.by the Metropolitan Water District ("MWD Parcel"). The construction of the Project also requires the acquisition of an approximate 12,540 square foot right of entry ("Subject Right of Entry") for a period of three months over an approximate 12,000 square foot portion of the MWD Parcel and 540 square foot portion of the adjacent parcel located at 28991 Old Town Front Street, and identified as Riverside County Tax Assessor's Parcel Number 922-110-038, which is owned by The Stewart Group, LLC ("Stewart Group Parcel"). MWD informed the City that The Stewart Group has the right to use the surface portion of the MWD Parcel. 1 Resos 15-46 1 C. The City seeks to purchase the Subject Right of Entry from The Stewart ' Group to facilitate the construction of the Project. The City's use of the Subject Right of Entry will result in temporary impacts to the parking lot located on the 12,540 square foot area. Pursuant to the terms of the attached Right of Entry and Access Agreement between The Stewart Group and the City of Temecula, the City shall pay to The Stewart Group the total compensation of $9,828 within 15 business days of the date the Right of Entry and Access Agreement is fully executed by the Parties. The $9,828 includes $5,000 in expenses to mitigate the temporary impacts to the parking lot located on the Subject Right of Entry. Pursuant to the Right of Entry and Access Agreement, the City shall also reimburse The Stewart Group's costs, up to an additional $5,172 above the $5,000 mitigation expenses, for any additional expenses that The Stewart Group may expend above the $5,000 to mitigate the temporary impacts to the parking lot. Said reimbursement requires the submittal by The Stewart Group of paid invoices/receipts verifying that said amounts were spent in connection with additional parking to mitigate the temporary impacts. D. Pursuant to Government Code section 7267.2, the City Council set just compensation for the Subject Right of Entry at the fair market value as determined by the City's independent appraiser based on a September 2014 date of value. The City Council also authorized its real property negotiators to extend a written offer and negotiate the acquisition of the Subject Right of Entry. ' E. On March 3, 2015 the City sent a written offer to the then-record owner of the Property to purchase the Subject Right of Entry at the fair market value established by the City's independent appraiser. The then-record owner informed the City that the Property was in escrow and informed the purchaser, The Stewart Group, about the City's offer. The City was informed that negotiations had to be deferred until after the close of escrow. The Stewart Group acquired the Property pursuant to the Grant Deed recorded on April 21, 2015 as Document Number 2015-0161481 of Official Records of the County of Riverside. On May 19, 2015, the City sent a written letter to The Stewart Group following up on the City's offer to purchase the Subject Right of Entry. The City and The Stewart Group have negotiated in good faith the price and terms of the City's purchase of the Subject Right of Entry. Section 2. Approval of Right of Entry and Access Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Right of Entry and Access Agreement (Assessor's Parcel Numbers 922-110-038 and 922- 110-022)", with such changes in the Right of Entry and Access Agreement as may be mutually agreed upon by The Stewart Group and the City Manager as are in substantial conformance with the form of the Right of Entry and Access Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Right of Entry and Access Agreement on behalf of the City. A copy of the final Right of Entry and Access Agreement, when executed by the Mayor, shall be placed on file in the Office of the City Clerk. Resos 15-46 2 Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Right of Entry and Access Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Right of Entry and Access Agreement, including but not limited to, approval and execution on behalf of the City of any such documents that are necessary and convenient to implement the Right of Entry and Access Agreement to grant to the City the right of entry with a three-month term on the Stewart Group Parcel. Section 4. Environmental Analysis. The City studied the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines. Pursuant to the CEQA Guidelines, the City found that the Project is exempt from further review under CEQA. Specifically, the City found that the Project involves rehabilitation of approximately 3,500 linear feet of existing pavement on Old Town Front Street and the replacement of a surface cross gutter by undergrounding it to improve the safety of motorists, bicyclists and pedestrians. The Project does not involve the expansion of use of either the existing roadway or storm drain. The City found that pursuant to CEQA Guidelines, the exemption is consistent with Section 15301 , Class 1, a Categorical Exemption, which allows for the maintenance of existing highways and streets with negligible or no expansion of the existing use. The City duly filed a Notice of Exemption for the Project with the Riverside County Clerk's Office on June 2, 2014 in accordance with CEQA. In connection with the attached Right of Entry ' and Access Agreement, City staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the acquisition and/or use of the Subject Right of Entry for the construction of the Project. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. Resos 15-46 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 th day of August, 2015. Jeff Comerchero, Mayor ATTEST: v t- Randi J I-Olsq , City Clerk [SEAL] Resos 15-46 4 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15-46 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of August, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None R Ra di Johl-Olson City Clerk r Resos 15-46 5 RIGHT OF ENTRY AND ACCESS AGREEMENT (Assessor's Parcel Numbers 922-110-038 & 922-110-022) THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (Assessor's Parcel Numbers 922-110-038 & 922-110-022) ("Agreement") is made and entered into between The Stewart Group, LLC ("Grantor") and the City of Temecula, a municipal corporation ("City"), and is effective as of the date set forth below. The City and Grantor are referred to below collectively as the "Parties". RECITALS: A. The City of Temecula is a municipal corporation located in the County of Riverside, State of California. B. The Stewart Group, LLC is the record fee owner of the real property commonly known as 28991 Old Town Front Street, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 922-110-038 ("Stewart Group Parcel"). The Stewart Group, LLC also has the right to use the surface of the adjacent real property identified as Riverside County Tax Assessor's Parcel Number 922-110-022, which is owned by Metropolitan Water District ("MWD Parcel"), pursuant to the terms of the Grant Deed dated July 18, 1969 between Harry J. Salter, Louis Salter and MWD. C. The City seeks to construct the City-wide Storm Drain Improvements — Old Town ' Front Street Pavement and Storm Drain Rehabilitation Project ("Project"). The Project would replace and rehabilitate existing storm drain improvements, as well as replace distressed pavement along Old Town Front Street. D. The construction of the Project requires the acquisition of an approximate 5,160 square foot permanent easement ("Permanent Easement") for storm drain purposes and all uses necessary or convenient thereto on the MWD Parcel. The Permanent Easement is identified on Exhibit "A" and depicted on Exhibit "B" to this Agreement, which are incorporated herein by this reference. The City and MWD have agreed to the terms of the City's acquisition of the Permanent Easement. E. The City's construction of the Project will impact the surface use of an approximate 12,540 square foot area. Accordingly, the City seeks to acquire from Grantor and Grantor desires to grant to the City an approximate 12,540 square foot right of entry for a period of three months to construct the Project. The 12,540 square foot right of entry is referred to below as the "Subject Right of Entry" and is depicted roughly on Exhibit "C" to this Agreement, which is incorporated herein by this reference. An approximate 12,000 square foot portion of the Subject Right of Entry is located on the MWD Parcel and the remaining approximate 540 square foot portion of the Subject Right of Entry is located on the real property, which is owned by Grantor. Grantor and Grantor's lessees use the Subject Right of Entry as a parking lot. F. Grantor agrees to grant to the City and the City has agreed to accept from Grantor the non-exclusive right to enter onto the Subject Right of Entry for a three-month term subject to the terms and conditions of this Agreement. 1 NOW, THEREFORE, for and in consideration of the above Recitals, the consideration set forth below, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the City do hereby covenant and agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein by this reference. 2. Right of Entry and Access. Grantor hereby grants to the City, its employees, agents, contractors, representatives, consultants and other designees (referred to below collectively as "City Designees") the Subject Right of Entry for a term of three months in connection with the City's construction of the Project. Although the City will construct the following improvements (referred to below as "Construction Activities") in the area comprising the Permanent Easement, it needs to enter on and use the Subject Right of Entry to construct said improvements: Removal and replacement of existing concrete ribbon gutter, installation of approximately 180 linear feet of 30-inch high density polyethylene (HDPE) storm drain pipe, installation of a 36-inch diameter, 13-foot deep packaged stormwater lift station and associated electrical lines, installation of a 12-inch by 12-inch cast- in-place storm drain inlet, and parking lot repaving work. a. Grantor agrees and acknowledges that the above Construction Activities may include tests, surveys and work of professional engineers, architects and soils experts and this Agreement authorizes any such work that is necessary to construct the above ' improvements. b. In performing the above Construction Activities, the City Designees will use their best efforts to minimize any adverse impacts to the Subject Right of Entry. The City Designees will use reasonable efforts to avoid any adverse, permanent damage to the Subject Right of Entry area, except where the access and construction of the Construction Activities discussed above require such changes or damage to the original conditions. C. The City Designees will replace with material of like kind and quality any improvements on the Subject Right of Entry that are damaged as a result of the Project. The City Designees will be responsible for returning the Subject Right of Entry to as close as possible to the original condition, except for the Construction Activities discussed above that require permanent changes to the original conditions. The City Designees will remove any and all trash and/or debris placed on the Subject Right of Entry by City Designees in connection with the exercise of their rights under the Agreement after the completion of the Construction Activities. City Designees will keep clean and clear of trash and debris the areas adjacent to or on the Subject Right of Entry. Work areas will be left clean and orderly at the end of each work day. d. City Designees will perform the Construction Activities during regular business hours (7:00 a.m. to 5:00 p.m.) on Monday through Friday. If requested by City designees and approved by the City, work on Saturday shall be from 8:00 a.m. to 5:00 p.m. City Designees will not perform any construction work on Sundays or federal holidays. ' e. Grantor reserves the right to be present for observation during the Construction Activities described herein, provided Grantor adheres to standard construction area safety standards and provided that Grantor does not interfere with the City Designees. 2 3. Consideration. ' a. Compensation. In consideration for Grantor's grant to the City of the Subject Right of Entry, the City agrees to pay to Grantor the total compensation of $9,828 ("Compensation") within 15 business days of the date this Agreement is fully executed by the Parties. The $9,828 Compensation includes the $4,828 fair market value of the Subject Right of Entry for the three-month term plus $5,000 for costs and expenses that Grantor anticipates that it will incur to mitigate any temporary impacts that the City's use of the Subject Right of Entry may cause to said subject area, including but not limited to potential additional costs for Grantor's lease of additional parking, if necessary, to accommodate Grantor's tenants ("mitigation expenses"). b. Additional Consideration. The City agrees that it will reimburse Grantor's costs, up to an additional $5,172 above the $5,000 mitigation expenses described in Section 3.a. above, for any expenses incurred by Grantor above said $5,000 mitigation expenses if Grantor spends more than said amount to mitigate the temporary impacts to the parking lot located on the Right of Entry. City will reimburse Grantor for such additional expenses, up to a maximum of $5,172, on Grantor's submittal of paid invoices/receipts showing that Grantor spent said amounts for additional parking for its lessees to mitigate the temporary impacts to the parking lot located on the Subject Right of Entry, and other costs relating to such additional parking. C. Total Consideration. The $9,828 Compensation plus the Additional Consideration, if any, is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's use and entry on the Subject ' Right of Entry in connection with the City's construction of the Project. The Total Consideration is also full and complete consideration for all claims arising in connection with or out of the City's acquisition of the Subject Right of Entry for the Project, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, increased expenses to mitigate any impacts to the Stewart Group Parcel resulting from the City's use of the Subject Right of Entry for the three-month term, improvements pertaining to the realty, loss of business goodwill pursuant to Code of Civil Procedure section 1263.510, and any other damages of every kind and nature suffered by Grantor by reason of the City's use and entry on the Subject Right of Entry to construct the Project, and all costs and expenses whatever in connection therewith. 4. Term. The Commencement Date of this Agreement will be five calendar days after the date on which the City provides written notice to Grantor that it will commence the construction of the Construction Activities in the Subject Right of Entry area. Accordingly, City Designees will have the right to access the Subject Right of Entry five calendar days after the date on which the City provides written notice to Grantor of the commencement of the Construction Activities. City anticipates that it will complete the Construction Activities within three months of the Commencement Date of this Agreement. Accordingly, this Agreement will expire and terminate by its own terms upon (i) the completion of the Construction Activities or (ii) three months after the Commencement Date, whichever occurs sooner. 5. Lien Waivers. City agrees to keep the Subject Right of Entry free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the City's use of the Subject Right of Entry in ' connection with the construction of the Project. If any such lien is filed on any portions of the Subject Right of Entry as a result of the City's Construction Activities, the City will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to 3 Grantor within thirty days of receiving notice of the lien. If the City fails to remove the lien within ' such 30-day period, Grantor will have the right to remove the lien, and the City, upon demand, will reimburse Grantor for all reasonable costs and expenses incurred by Grantor in connection with such removal. Upon receipt of a written request from Grantor, the City will provide Grantor with lien waivers following completion of the Construction Activities, in form and substance reasonably satisfactory to Grantor and its counsel (if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Subject Right of Entry for work performed or commenced in connection with the Construction Activities. To the extent permitted by applicable law, the City hereby indemnifies Grantor from and against any claims or demands for payment, or any liens or lien claims made against Grantor any portion of the Subject Right of Entry as a result of the City's Construction Activities pursuant to this Agreement. 6. Insurance. Prior to entry onto the Agreement, the City will, and will cause all of the City Designees performing the Construction Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor covering the Construction Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Construction Activities. Such insurance will be maintained in force throughout the term of this Agreement. 7. City Indemnification. The City will, and will request that its contractors, ' indemnify, defend and hold Grantor harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with the City Designees' entry, access and use of the Subject Right of Entry in connection with the exercise of City Designees' rights under this Agreement, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by them in consequence of any claims, demands and causes of action that may be made or brought against them arising out of the City or City Designees' entry on and use of the Subject Right of Entry for the Construction Activities. 8. Agreement of Grantor to Indemnify City. Grantor covenants and agrees that the lessees/tenants of The Stewart Group Parcel have no interest in the Subject Right of Entry or to the just compensation for said Subject Right of Entry. Accordingly, to the fullest extent permitted by law, Grantor will indemnify, defend and hold harmless City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or lessee of the Stewart Group Parcel that may arise out of, result from, or in any matter be related (directly or indirectly) to the rights granted to City Designees pursuant to this Agreement. 9. Notification to Lessees/Potential Purchasers. During the term of the Agreement, Grantor agrees to notify in writing any potential lessee/tenant or purchaser of The Stewart Group Parcel of the rights granted to the City under this Agreement. 4 10. Notices. All notices and demands will be given in writing by certified or ' registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: CITY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 GRANTOR: The Stewart Group, LLC Attention: David Botfeld 2612 26th Street Santa Monica, California 90405 11. Miscellaneous. ' a. Authority to Bind Parties and Execute Agreement. Grantor and the City represent and warrant to one another that this Agreement constitutes a binding obligation on each of them and that the person executing this Agreement is authorized to execute the Agreement on behalf of the respective party and to bind it. b. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. C. Amendment or Modification. This Agreement may be modified or amended only by a writing executed by all Parties to this Agreement. d. Partial Invalidity/Severability. Each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. ' e. Successors-in-Interest and Assigns. This Agreement will be binding upon and will inure to the benefit of the successors-in-interest and assigns of the Parties hereto, and each of them. 5 f. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each had the opportunity to be represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non-representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. g. Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together will constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the ' original signed counterpart were delivered. i. Fees and Costs. Each of the Parties will bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating this Agreement. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees and costs from the other party. j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 6 IN WITNESS WHEREOF, Grantor and City have executed this Agreement as of the date set forth below. GRANTOR THE STEWART GROUP, LLC By: Dated: Title: CITY CITY OF TEMECULA, a municipal corporation Dated: By: Jeff Comerchero, Mayor 1 ATTEST: Randi Johl-Olson, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney 7 EXHIBIT A 1 1 Exhibit "A" July 30, 2014 Legal Description Sheet 1 of 1 Storm Drain Easement in Favor of City of Temecula ' Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being a portion of Lot 8 in Block 32 of the Town of Temecula, as shown by map on file in Book 15, Page 726, of Mops, Records of San Diego County, State of California. Also, being a portion of Parcel A per Grant Deed in Favor of Metropolitan Water District recorded September 3, 1969, as instrument no. 89797, in the Office of the County Recorder of Riverside County, State of California, being a strip of land 24.00 feet wide, 12.00 feet on each side of the following described centerline: COMMENCING at northeasterly corner of said Parcel A, also being the southeasterly corner of Parcel of Parcel Map 20090, in Book 129, Pages 10 and 11, of Parcel Maps, in the Office of the County Recorder, of said County, also being a point in the westerly Right-of-Way Line of Old Town Front Street(60.00 feet wide); Thence along said westerly Right-of-Way Line South 15°3927"East a distance of 37.08 feet to a point said point also being the TRUE POINT OF BEGINNING ' Thence leaving said westerly Right-of-Way Line North 74°12'56" West a distance of 215.00 feet to the POINT OF TERMINATION. The sidelines of said strip are to be lengthened or shortened as to terminate on said westerly Right-of Way Line of Old Town Front Street. Contains:5,160 sq.ft. 0.118 acres, more or less Subject to all covenants, rights, rights-of-way, and easements of record. EXHIBIT"B"attached and hereto by this reference made apart hereof. This Legal Description was prepared by me or under my direction. \ I N 0 e. ; 1L ` W �C 0 �q� CPS=�� � Y M. LS 6240'" ° Kris R. Winchak, L.S. 6240 Date ° • R 9 EXHIBIT B 1 1 ILEGEND I I P.0.C. POINT OF COMMENCEMENT I T P.0.B. TRUE POINT OF BEGINNING b P.0. T. POINT OF TERMINATION „ I (00 0' ON) INDICATES RECORD BEARING PER ^ 610, P.M. 20090P.M.B. 129 /l0 - II W BLK 32 I I L O T 8 PARCEL 3 IlV M.B. 15 / 726 P.M. 20090 W I I P.M.B. 129 / /0-// ry I S. ELY. COR. PAR. 3 I h P.O.C. y I I P. 0. T. _ _ _s'c Y. LINE PARCEL 3 _ 12.00' O N15 47'04'f �y74°/2'S6'W 24 00' ZI5.00' PARCEL - - R�89797 T.P.o e� LOT 1200' REC. 09103/6 9,,- M. W.D. GRANT I GRANT DEED ~ INS TR. NO. 68994 I �� � I REC. 02128192, 0.R. I I O BLK 32 I 6!01 L 0 T 9 I M.B. 15 / 726 I I I RECORD OWNER: CITY OF TEMECULA OF SOU WATER DlSTR/CT Q fl 8 f DEPARTMENT OF PUBLIC WORKS P.O. 6OX HERN 5415) CALIFORNIA S� �y _ W/N OyL/ LOS ANGELES, CALIFORNIA 90054 �' oy r EXHIBIT "B" A.P.N. 922-I10-022 1iv+ PREPARED BY. No. L.S. 6240 ° DRAWN BY..�• STORM DRAIN CITY OF TEMECULA P.O. Bar 90JJ ,, � oQ��� C. VL^N°S EASEMENT 41000 MAIN STREET F QT C ko\ TEMECULA, CALIFORNIA 92589-90JJ DATE: 07/30//4 SHEET! OF/ 11 EXHIBIT C 1 1 ' EXH BIT "C" Right of Entry Area —The Stewart Group • � 04 e Mwo E,»m.w Ara _ f 6o IN I W e. ��w�rrwe as> �q wr>wwv Wyewew:•7M/N.]•N77� �•Mwas�N6 rV 6H�T*O�u�D Fd uNMno�a�> 1 13