HomeMy WebLinkAbout98-076 CC ResolutionRESOLUTION NO. 98-76
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL
OF THE CITY OF TEMECULA DECLARING CERTAIN
REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES
AND AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City of Temecula is a municipal corporation in the County of
Riverside, State of California.
Section 2. The property interests described generally in Section 3 of this
Resolution and more particularly described in Exhibits 1 through 10 of this Resolution ("Subject
Property Interests"), are to be taken for a public use, namely for the Overland Drive Overcrossing
Improvement Project, construction of said project, and all purposes necessary or convenient
thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by
California Constitution Article I Section 19, and California Government Code Sections 37350,
37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure Sections 1240.010
through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510,
1240.610, 1240.650, and other provisions of law.
Section 3. The Subject Property Interests sought to be taken are located in the City
of Temecula, County of Riverside, State of California, and are portions of a larger parcel
identified by Assessors Parcel Numbers 910-300-001,005,006,007,008,010, 011. The Subject
Property Interests sought to be taken are more particularly described in Exhibits 1 through 10 to
this Resolution, which are incorporated by this reference.
Section 4. The City Council of the City of Temecula finds and determines that:
A. The acquisition of the Subject Property Interests is required for the Overland
Drive Overcrossing Improvement Project ("the Project"). A general description of the Project
is set forth in the Agenda Report dated July 28, 1998 and the reports and documents cited in that
Report, which are all incorporated in this Resolution by this reference.
B. The potential impacts of the acquisition of the Subject Property Interests
were analyzed in connection with the analysis of the construction of the Overland Drive
Overcrossing. On January 14, 1992, the City of Temecula approved a Mitigated Negative
Declaration regarding the construction of the overpass for Overland Drive and duly filed a Notice
of Determination thereof (Negative Declaration EA-6). On August 8, 1995, the City of Temecul a
R:resos\98-76 1
adopted a revision and modification of the Mitigated Negative Declaration to address the
relocation of utility lines (EA-6 Revised). Notice of determination thereof was duly filed on
August 10, 1995. Pursuant to California Environmental Quality Act Guidelines 15162, et seq.,
the findings made in connection with the Mitigated Negative Declaration No. EA-6, and EA-6
Revised, are the appropriate findings with regard to the acquisition of the Subject Property
Interests. The environmental documentation prepared in connection with these actions was
reviewed by staff on July 6 and 7, 1998 and it was determined that no significant changes in the
Project or in the environment, and no new information had been obtained which would require
further environmental analysis.
Section 5. The City Council of the City of Temecula hereby finds and determines
A. The public interest and necessity require the proposed project;
B. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The property interests described in Exhibits 1 through 10 are necessary for
the proposed project; and
D. The offer required by Section 7267.2 of the Government Code has made
to the owners of record.
Section 6. The findings and declarations contained in this Resolution are based on
the record before the City Council on July 28, 1998 when it adopted this Resolution, including
the Agenda Report dated July 28, 1998, all documents incorporated in the Agenda Report, the
testimony at the hearing, the records and documents prepared in connection with the Project, the
testimony and evidence presented at hearings related to the Project, and the public records of the
City pertaining to the Project, all of which are incorporated in this Resolution by this reference.
Section 7. The City of Temecula hereby authorizes and directs Richards, Watson
& Gershon, as City Attorney, to take all steps necessary to commence an action in a court of
competent jurisdiction to acquire by eminent domain the property interests described in this
Resolution.
R: resos\98-76 2
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula this 28th day of July, 1998.
Ron Roberts, Mayor
ATTEST:
Su san.
· Jones,
~lerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify th at Resolution
No. 98-76 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 July, 1998, by the following vote:
AYES:
4 COUNCILMEMBERS: Comerchero, Ford, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Lindemans
Susan W MC
~ Clerk
R:resos\98-76 3
April 17, 1996
EXHIBIT "A"
City of Temecula
Overland Drive Fee Riqht-of-Wa¥
Caltrans Parcel No. 15941
W.O. 9012240-03
That portion of Parcel 8 of Parcel Map 23430, as shown by map on file in Book 168 of Parcel
Maps, at Pages 7 through 9 thereof, Records of Riverside County, California, described as follows:
Beginning at the most Southerly corner of said Parcel 8, also being the most Westerly corner
of Parcel 3 of Parcel Map 19145, as shown by map on file in Book 119 of Parcel Maps, at Pages 36
through 39 thereof, Records of Riverside County, California, and also being on the Northeasterly
line of parcel conveyed to State of California by Deed recorded November 15, 1967 as Instrument
No. 100330, Official Records of Riverside County, California;
Thence N.44°54'19"E. along the Southeasterly line of said Parcel 8, also being the
Northwesterly line of said Parcel 3, a distance of 78.61 feet;
Thence N.50°O7'23"W., a distance of 34.86 feet;
Thence S.39°52'37'W., a distance of 67.33 feet to the Southwesterly line of said Parcel 8,
also being said Northeasterly line of parcel conveyed to State of California;
Thence S.28°41'00'E. along said line, a distance of 30.05 feet to the Point of Beginning.
The above described parcel of land contains 2,306.67 square feet (0.052 acres), more or
less.
This conveyance is made for the purpose of a freeway and the Grantor hereby releases and
relinquishes to the Grantee any and all abutter's rights, including access rights, appurtenant to
Grantor's remaining property, in and to said freeway.
RLS/MC/yb
JI=D::JFDSADM:[LEGAL]LEGAL.JQ2;91Y'VE'f'rE B
J, F, DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marissa Crowther, PLS No. 6152
Date:
MX~IBIT I
,~ pLAI' IS SOLELY AN AID IN LOCAl'INC . ' PARCEL(S) DESCRIBED
I'~'rHE ATTACHED DOCUMENT, IT IS NOT A P~RT OF THE WRITTEN
! ~.~¢RlPnON TH£REIN,
'JUNE I~°') C~
R,,L. 5.
PARCEL
MAP
FPR~P, AR~ro I.INO~'~ THE $1,,IpJ~i/I$10N Of':
~ ~ ~ ~Y$Z (exp J-J!-98)
J.F..O,4VtOSON ,45~OCIAt'ES, iNC.
NO.
PARCEL TO OE COI',IVE"YI~D
O.O~'Z. ACt~E~
PARCEL MAP Iglq%
3
INgtC, tATE~ ACCEq$
RELINO. UJSNED
CITY OF TEMEDULA'
OYEP~LAND DRWE
FF_E B,\GH'T - OF -WAY
CALTI~,AN~ FAF,,CEL NO: tS'~4t
BY: [ s-38 ; 3:31P~f ; CITY OF T~\fECU~'' 8189571891:~30
~XHIBIT ~A"
CITY OF TEMECULA
OVERLAND DRIVE FEE RIGHT OF WAY
KR PALM PLAZA, LTD. PARTNERSHIP TO'THE CITY OF TEMECULA
THAT ~ORTION OF PARCEL 8 OF PARCEL MAP NO 23430, RECORDED IN
PARCEL MAP BOOK 168, PAGES 7 THROUGH 9, INCLUSIVE IN THE OFFICE
OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COmmENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE, ON TIIE SOUTHEASTERLY LINE OF SAID PARCEL 8, NORTH
44"54'19' EAST, 78.61 FEET TO THE TRU~ POINT OF R~GINNI~G;
THENCE, LEAVING SAID LINE, NORTH 50°07'23' WEST, 24.86 FEET;
THENCE, NORTH 39"52'37' EAST, 159.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY, ON SAID CURVE THROUGH A CENTRAl, ANGI,E OF
05~01'14', 135.38 FEET;
THENCE, NORTH 44"53'51' EAST, 174.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02"52'19', 43.46 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 8;
THENCE, ON THE NORTHEASTERLY LINE OF SAID PARCEL 8, SOUTH
45"05'41' EAST, 43.66 FEET TO THE MOST EASTERLY CORNER OF SAID
PARCEL 8;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 8, SOUTH
44°54'19' WEST, 510.39 FEET TO THE TR~J~ POINT OF BFGT1TNING.
CONTAINING 0.472 ACRES, MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF:
JAMES A. DRENON, P.L.S.
LS 6153 EXP. 3/31/02
KXFIIBIT :2
EXHIBIT
~ "= ! 00'
CITY OF TL~tECI'" ~
5-cj8 ;
%
PAF;, ,:"
F,.;\,/] ,-.--,,
, ¥. o4 ;3 0, .,
r", I\/L tJ,F.J:" '
_ £:~/
'- //
P. 1\/!.,
P, i\./J, 11~)
8189571881:#31
T,P.O.B,
LINE DATA
NUUBF_R BEARING DISTANCE
L1 N.44'5~'f g'E 78-6~°
L2 N.50'07'233/l 24,86'
L3 N,3g'52'37'E 159.86'
L4 N, 44'53'51 "£ 174.68'
L5 N. 4.5'05'41 ~ 43.66'
L6 N,44'54'1g"E 510.39'
PREP,~_D UNDER THE S.l~ERVISION' OF:
JA/~ES A. DRENON P.L.S. 6155 DATE ~
EXP. 5-51-2002 ~
ENGINEERING VENTURES, INC.
i.
CURVE DATA
'~u~[~ Z~= R= (~.) L=
c~ o5'o~'~4" ~4~.oo
C2 02'52'19' 867.00 43.46
tlo. LS 6153
r~. 3-51-.02
~mo r~u,uo · c~- cuo,u~.~u~ % o~ Cl~ OF TEMECU~
~o su~c JOB NO:
238-49
~ ~ ~.~ ~ · t ~ ' ~c~c~ · ~ · ~25~o SHE~ I OF ~ 2~.owc
t no~vkt ~v. I DATF' { PR~,IFCT' KR PAl ~4 pI A7A. l I~41TF~ PART~FRSHIP
BY: -26-98 ; ~:27P~f ; CITY OF TE\fE. ~ 8189571891;#24
EXHIBIT "A"
CITY OF TEMECULA
OVERLAND DRIVE FEE RIGHT OF WAY
KR PALM PLAZA, LTD. PARTNERSHIP K-MART CORP. TO TIlE
CITY OF TEMECULA
THAT PORTION OF PARCEL 7 OF PARCEL ~P NO 23430, RECORDED IN
PARCEL MAP BOOK 168, PAGES 7 THROUGH 9, INCLUSIVE IN THE OFFICE
OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 8 OF SAID
PARCEL MAP;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 8, NORTH
44°54'19' EAST, 78.61 FEET;
THENCE, LEAVING SAID LINE, NORTH 50°07'23' WEST, 24.86 FEET;
THENCE, NORTH 39°52'37' EAST, 15'9.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A P, ADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY, ON SAID CURVE THROUGH A CENTPAL ANGLE OF
05"01'14', 135.38 FEET;
THENCE, NORTH 44"53'51' EAST, 174.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02"52'19', 43.46 FEET TO THE COMMON BOUNDARY BETWEEN SAID PARCELS
7 AND 8, SAID POINT ALSO BEIN~ THE TRI~. POINT OF BEGI1TNING, A
RADIAL LINE TO SAID POINT BEARS NORTH 42"13'50' WEST;
THENCE, CONTINUING ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
15°37'21', 236.40 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
SAID PARCEL 7, ALSO BEING THE SOUTHEASTERLY LINE OF SAID ..MAP,
LYING 820.59 FEET FROM THE MOST SOUTHERLY CO~ER OF SAID PARCEL
8;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 7, SOUTH
44°54'19' WEST, 231.59 FEET TO THE MOST SOUTHERLY CORNER OF SAID
PARCEL 7;
THENCE, ON THE COMMON LINE BETWEEN SAID PARCELS 7 AND 8, NORTH
45°05'41' WEST, 43.66 FEET TO THE T~U~ POINT OF B~GINNING.
CONTAINING 0.145 ACRES, MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF:
JAMES A. DRENON, P.L.S.
LS 6153 EXP. 3/31/02
KIWIBIT 3
BY:
EXHt8IT " "
PA;7. '"
T.P.O.B.
CITY OF TEk:E( t* 8189571891;#28
o M. -Jgtl.4d
rc~.l\./j. q-i:;) / '" ~" '" :')
%
PAR, ,3
LINE DATA
NUMBER BEARING DISTANCE
L! N. 44'54'lg"E 78.61'
L2 N.50'O7'25"W 24,86'
L3 N. Sg'52'57"E 15g.86'
L4 N. 44'55'51 "E 174.68"
L5 N,44'54'19"E 251.59' '
L6 N.45'05'41 "W 45,66'
JA~£S A ORENON P. LS. 6155 DATE
~P. 5-51-2002
ENGINEERING VENTURES, INC,
~O SU~NG
J~: IORAW" BY: IDATE:
CURVE DATA
NU~BE~ A= R= (FrJ L= (Ft.)'
C5 15'37'21" 867.00 256.40
J PROJECT:
CITY OF' TEM£CULA
JOB NO:
SHEET ~ OF ~ 238
' 25~--4.DWG
KR PALM PLAZA LTD. PTN,. KMART CORP.
BY:
~ -g8 ; 3: 36P5t ; Cl TY OF T~ECL%
~XHIRIT "A"
CITY OF TEMECULA
STORM DRAIN EASEMENT
KR PALM PLAZA, LTD. PARTNERSHIP K-MART CORP. TO THE
CITY OF TEMECULA
818B5718~1 ;#37
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO 23430, RECORDED IN
PARCEL MAP BOOK 168, PAGES 7 THROUGH 9, INCLUSIVE IN THE OFFICE
OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 8 OF SAID
PARCEL MAP;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 8, NORTH
44°54'19' EAST, 78.61 FEET;
THENCE, LEAVING SAID LINE, NORTH 50°07'23' WEST, 24.86 FEET;
THENCE, NORTH 39°52'37' EAST, 159.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY, ON SAID CURVE THROUGH A CENTRAL ANGLE OF
05°01'14', 135.38 FEET;
THENCE, NORTH 44°53'51' EAST, 174.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEASTERLY oN SAID CURVE THROUGH A CENTRAL ANGLE OF
02°52'19', 43.46 FEET TO THE COMMON BOUNDARY BETWEEN SAID PARCELS
7 AND 8, SAID POINT ALSO BEING THE TRUE POINT OF ~RGII~I~G, A
RADIAL LINE TO SAID POINT BEARS NORTH 42°13'50' WEST;
THENCE, CONTINUING ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
15°37'21', 236.40 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF
SAID PARCEL 7, ALSO BEING THE SOUTHEASTERLY LINE OF SAID MAP,
LYING 820.59 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL
8;
THENCE, ON SAID SOUTHEASTERLY LINE, NORTH 44°54'19' EAST, 313.66
FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 8, ALSO BEING THE
MOST SOUTHERLY CORNER OF PARCEL 6 OF SAID PARCEL MAP;
THENCE, ON THE COMMON LINE BETWEEN SAID PARCELS, NORTH 25°07'12'
WEST, 61.71 FEET TO THE INTERSECTION WITH A LINE LYING 58.00 FEET
NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
PARCEL MAP;
THENCE, ON SAID PARALLEL LINE, SOUTH 44°54'19' WEST, 418.46 FEET;
THENCE, NORTH 31°42'02' WEST, 3.08 TO THE INTERSECTION WITH A LINE
LYING 61.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE
SOUTHEASTERLY LINE OF SAID PARCEL MAP;
KIq~IB IT 4
BY:
--26-98 ' 3:36P~t ' CITY OF TE.V~Er"~IA-~
818~5718~1;#38
EXHIBIT "A"
CITY OF TKMECULA
STORM DRAIN EASEMENT
KR PALM PLAZA, LTD. PARTNERSHIP K-MART CORP. TO THE
CITY OF TEMECULA
PAGE 2
THENCE, ON SAID PAkALLEL LINE, SOUTH 44°54'19' WEST, 148.58 FEET
TO THE SOUTHWESTERLY LINE OF SAID PARCEL 7;
THENCE, ON THE SOUTHWESTERLY LINE OF SAID PARCEL 7, SOUTH
45"05'41' EAST, 17.34 FEET TO THE T~U~ ~OI~T OF BEGINI~I~G.
CONTAINING 0.605 ACRES, MORE OR [,ESS.
PREPARED UNDER THE SUPERVISION OF:
J;LMES A. DRENON, P.L.S.
LS 6153 EXP. 3/31/02
EXHIBIT "A"
CITY OF TEMECULA
STORM DRAIN EASEMENT
KR PALM PLAZA, LTD. PARTNERSHIP TO THE CITY OF TEMECUI,A
PABCEL 1
THAT PORTION OF PARCEL 8 OF PARCEL MAP NO 23430, RECORDED IN PARCEL
MAP BOOK 168, PAGES 7 THROUGH g, INCLUSIVE IN THE OFFICE OF THE
RIVERSIDE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL ~, NORTH 44~54'19'
EAST, 78.61 FEET;
THENCE, LEAVING SAID LINE, NORTH 50"07'23' WEST, 24.86 FEET TO THE
TRUe. POINT OF ~EGII~NING;
THENCE, NORTH 39~52'37' EAST, 159.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY, ON SAID CURVE THROUGH A CENTkAL ANGLE OF
05"01'14', 135.38 FEET;
THENCE, NORTH 44~53'51' EAST, 174.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02"52'19', 43.46 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 8,
F~DIAL LINE TO SAID POINT BEARS NORTH 42°13'50' WEST;
THENCE, ON THE NORTHEASTERLY LINE OF SAID PARCEL 8, NORTH 45°05'41'
WEST, 17.34 FEET TO THE INTERSECTION WITH A LINE LYING 61.00 FEET
NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
PARCEL 8, ALSO BEING THE SOUTHEASTERLY LINE OF SAID PARCEL MAP;
THENCE, ON SAID PARALLEL LINE, SOUTH 44°54'19' WEST, 501.17 FEET;
THENCE, NORTH 81"53'21' WEST, 83.70 FEET TO THE SOUTHWESTERLY LINE
OF SAID PARCEL 8, ALSO BEING THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED
NOVEMBER 15, 1967 AS INSTRUMENT NO. 100330 IN THE OFFICE OF THE
RIVERSIDE COUNTY RECORDER, RIVERSIDE, CALIFORNIA;
THENCE, ON SAID LINE, SOUTH 28~41'00' EAST, 103.41 FEET;
THENCE, NORTH 39°52'37' EAST, 67.33 FEET;
THENCE, SOUTH 50°07'23' EAST, 10.01 FEET TO THE TRUE PQINT OF
DEGIN~ING.
CONTAINING 0.341 ACRES, MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF:
JAMES A. DRENON, P.L.S.
LS 6153 EXP. 3/31/02
EJG{IBIT 5
April 25, 1996
W.O. 9012240-03
EXHIBIT "A"
City of Temecula
Overland Drive - Pile Maintenance Easement
KR Palm Plaza Ltd Partnership to the City of Temecula
That portion of Parcel 8 of Parcel Map No. 23430, as shown by map on file in Book 168 of
Parcel Maps at Pages 7 through 9 thereof, Records of Riverside County, California, described as
follows:
COMMENCING at the most Southerly corner of said Parcel 8, also being the most Westerly
corner of Parcel 3 of Parcel Map 19145, as shown by map on file in Book 119 of Parcel Maps, at
Pages 36 through 39 thereof, Records of Riverside County, California;
Thence N.44°54'19'E. along the Southeasterly line of said Parcel 8, also being the
Northwesterly line of said Parcel 3, a distance of 78.61 feet;
Thence N.50°07'23'W., a distance of 24.86 feet;
Thence N.39°52'37'E., a distance of 159.85 feet;
Thence Northeasterly on a curve concave Southeasterly having a radius of 1545.00 feet,
through an angle of 05°01'14', an arc length of 135.38 teet;
Thence N.44°53'51 'E., a distance of 105.25 feet to the Point of Beginning of the easement to
be descdbed;
Thence continuing N.44°53'51 'E., a distance of 62.34 feet;
Thence N.42°10'35"W., a distance of 8.64 feet;
Thence Southwesterly on a non-tangent curve concave Southeasterly, having a radius of
1055.00 feet, through an angle of 02°55'34", an arc length of 53.88 feet (the initial radial line bears
N.42°10'35'W.);
Thence S.44°53'51"W., a distance of 8.93 feet;
Thence S.45°06'09"E., a distance of 10.00 feet to the Point of Beginning.
JFD::JFDSAOM:[LEGAL]LEGALJS0; 54 YVEI-I'E B
E~f~IBIT 6
LEGAL DESCRIPTION
Overland Drive o Pile Maintenance Easement
April 25, 1996
Page 2
The above described parcel of land contains 0.013 acres, more or less.
RLS/MC/mn
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
M arissa C rowthe r, PLS No. 6152
Date:
JFO::JFDSADM:[LEGAL]LEGAL.JS0;51YVEI ] ~B
tHE ATTACHED DOCUMENT. IT /S NOT 4 PART OF THE WRITTEN O~r~: MAY ~
THEREIN. 8~. R . L . ~.
CROWTHER
No. 6152
PARCEL 3
PARCEL
.RM.
r~) .~.._ COU.ASE DATA
(~ N, 50'O'l'?..~"W.
'TO BC/kLE
MAP 191q5
119/36-39
/PARCEL
RCEL I
/
/
(~) 5, 4-~'0~'0"¥ E, tO.00'
~ ~o1~4o-o5
J ~ CITY OF'fEkAECULA
CITY OF TEMECULA ;
FILE ~AINTENANCE EASEMENT'
OVER
~R ?ALN't ?LA'ZA~LTD. PTN. FR0~ER'TY
EXFITBIT "A"
CITY OF TEMECULA
OVERI.AND DRIVE SE..TTI.EMENT EASEMENT
PL A THE crrv OF TEMECULA
THAT PORTION OF PARCEL 8 OF PARCEL MAP NO. 23430, RECORDED IN PARCEL MAP BOOK
168, PAGES 7 THROUGH 9, INCLUSIVE IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER,
RIVERSIDE, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 8,
NORTH 44°54'19' EAST, 78.61 FEET;
THENCE, NORTH 50°07'2Y' WEST, 24.86 FEET;
THENCE, NORTH 39052'37' EAST, 159.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
05001'14', 135.38 FEET;
THENCE, NORTH 44°53'51' EAST, 60.91 FEET TO THE TRUE POINT OF BEGINNING:
THENCE, NORTH 45°06'09' WEST, 41.01 FEET;
THENCE, NORTH 52057'50" EAST, 185.65 FEET;
THENCE, SOUTH 38'~0Y47" EAST, 17.75 FEET TO A POINT ON A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 40~36'45° EAST;
THENCE, SOUTHWESTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
04°29'24', 67.94 FEET;
THENCE, SOUTH 44°53'5 I' WEST, 113.77 FEET TO THE TRUF~ POINT OF BEGINNING.
CONTAINING 0.110 ACRES MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF
JAMES A. DKENON, JR., P.L.S.
EI~IBIT 7
EXHIBIT
\
\
\
\
X~,M,
P,M,
PAR, 7
\
\
67' ~
PAR, 8
t
1~145
P,M,
P,M,
PAR,
~'-,ALE:
1'=200'
ENGINEERING
I. u4,NO PLANNING · CIVIL ENGINEE'RING
LAND SURYE'YING
COURSE DATA
(~) N. 44'53'51"E 60.91'
(~ N.45'O6'O9"W 41.01'
(Z) N.52'57'50"E 185.65'
(~) S.58'0,5'47"E 17. 75'
VENTURES,
N. 44'54'I9"E 78.61'
N50'O7'25'W 24.86'
N.$g'52'J7"E 159.85
A =04'29'24' R=867.00' L=67.94'
S. 44'55'51"W ! 15.77'
INC.
SCALE I"=200'
TO orY 0£
T'~MECULA PER INST.
NO. 50724, REC'D.
2-9-93. O.R. RIV. CO.,
JOB NO:
SH~gr ~ Or ~~-~
72-.~-~7 c~ or rE. Ecu~ ovER~.~o oR~,E s~rr[E~~r ~s~c~r
"J bRAWN
MIJ
BY.'
EXFIIBIT "A"
CITY OF TEMECULA
OVERI.ANT) DRI'VF. SETTI.EMENrT EASEMENT
KR PALM PLAZA LTD. PARTNERS K-MART CORP. TO THE CITY OF TEMECULA
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 23430, RECORDED IN PARCEL MAP BOOK
168, PAGES 7 THROUGH 9, INCLUSIVE IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER,
KIVEKSIDE, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE, ON THE SOUTHEASTERLY LINE OF SAID PARCEL 8,
NORTH 44°54'19* EAST, 78.61 FEET;
THENCE, NORTH 50007'23' WEST, 24.86 FEET;
THENCE, NORTH 39052'37' EAST, 159.85 FEET, TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF i 545.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
05°01'14', 135.38 FEET;
THENCE, NORTH aa°53'51' EAST, 60.91 FEET TO'THE TRUE POINT OF EEGINNTNG;
THENCE, NORTH 45°06'09' WEST, 41.01 FEET;
THENCE, NORTH 52°57'50' EAST, 185.65 FEET;
THENCE, SOU'I~ 38003'47' EAST, 17.75 FEET TO A POINT ON A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 40°36'45' EAST;
THENCE, SOUTHWESTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
04°29'24', 67.94 FEET;
THENCE, SOUTH 44°53'51' WEST, I l 3.77 FEET TO THE TRI rE. POINT OF FIEGINNTNG.
CONTAINING 0.011 ACRES MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF
JAMES A. DRENON, JR., P.L.S.
EXItlBIT 8
· ~ EXHIBIT
~P,M, 234o0
P,M, x~,68/7-9
PAR, 8
PAR. 7
\
\
\
P,M,
PAR, 3
¢0UR$£ DATA
(~) N. 44'55'51"£ 60.91'
~ N. 45'O6'Og'W 41.01'
~ N,5~57'50'E 185.65'
~ S. 5~05'4~E ~7.75'
SCALE I"=200'
TO CI~ OF
fD, IECUIA PER ltqsr.
NO. 50724, REC'D.
2-g-g3. O.R. RN. CO..
PAR,
N. 44'54'19"£ 78.61'
N50'O7'2,Y'W 24.86'
N.3g'52'37"E 15g.85
h =05'01'14' R,,1545.00' L=135.$8'
Z~ =04'2g'24' R=867.00' L=67.94'
$.44'55'51"W 113.77'
ENGINEERING VENTURES, INC.
LANO PI. AI~NING . CM[. ENi~INEERING
JOB NO:
SHEET I OF I 258-4
J PROJECT.. KR PALM PLAZA LTD. PARTNERS KMART CORP. PROP.
orr or rEMrCUL~ OV"R~A~O .
] ..... ...... O~y_r..._sEF!..~M..~qr rAsru_r~r
CITY OF TE\IEC'" k-,
EXHIBff
Off7 OF' TE~EOULA
STORM DRAIN TE~POt~ CONSTRUCTION
KR PAL~ PLAZA, LTD. PARTNERSHIP K-t~ART CORP. TO THE
¢rw OF TE~ECULA
THAT PORTION OF PARCEL 7 OF PARCEL MAP NO 23430, RECORDED IN
PARCEL MAP BOOK 168, PAGES 7 THROUGH g, INCLUSIVE IN THE OFFICE
OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE COUNTY, CALIFORNI~
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 8 OF SAID
PARCEL MAP;
THENCE, ON THE SOUTHEASTERLY UNE OF SAID PARCEL 8, NORTH
44' 54' lg* EAST, 78.61 FEET;
THENCE, LEAV1NG SAID LINE, NORTH 50' 07' 25" WEST, 24.86 FEET';
THENCE, NORTH 3g' 52' 57" EAST, 15g.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE' SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEASTERLY, ON SAID CURVE THROUGH A CEKTP, AL ANGLE OF
05' 01' 14-", 155.58 FEET;
THENCE NORTH 4.4' 53' 51" FAST, 174.,68 ~ TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEASTERLY ON SAID CURVE THROUGH A CEKI'RAL ANGLE OF
02' 52' lg'~ 43.46 FEET TO THE COMMON BOUNDARY BE'iYlE~ SAID PARCELS
7 AND 8, A RADIAL LINE TO SAID POINT BEARS NORTH 42'13'50' WEST:
THENCE, ON THE COMMON LINE BETWEEN PARCELS 7/,hid 8, NORTH 45' 05' 41" WEST,
17.34 FEET TO THE INTERSECTION WITH A LINE LYING 61.00 FEET NORTHWESTERLY
OF AND PARA~tFL WITH THE SOUTHEASTERLY LINE OF S4,/D PARCEL ~AP, SA/D POINT
BEING THE TRUE POINT OF BFGINNING:
THENCE, CONTINUING ON SAID COMMON LINE, NORTH 45' 05' 41" WEST, 15.00 FEET
TO THE INTERSECTION WITH A LINE LYING 76 FEET NORTHWESTERLY OF AND PARALl. EL
WITH THE SOUTHEWESTERLY UNE OF SAID ~,~P;
THENCE, ON ,SAID PAPJfiI~ LINE, Noi~rH 4/,.' 54' 19" EAST, 572,87 FEET TO
THE COMMON LINE' BETWEEN PARCELS 7 AND 6 OF SAID MAP;
THENCE ON SA/D COMMON UNE, SOUTH 25' 07' 12" EAST, 19.15 FEET, TO SAID
PARAIIFI LINE LYING 61.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY UNE OF
..~D t~;
E~q~IB IT 9
5-26-98 ; 3:lO?h~ ; CiTY OF TF'¥FCUI_A-*
EXHIBff 'A~
¢nY OF
STORM DP~N TEMPORARY CONSTRUCTOR EASEMENT
KR PAL~ PLAZA, LTD. PARTRERSHIP K-~ART CORP. TO THE
CFFY OF TEMECULA
8189571891;~ 4
THENCE, ON S, ND P~L LINE SOUTN 44' 54' 19" WEST 418.46 FEET;
THENCE, NORTH 31' 42' 02" WEST 5.08 FEE TO .SAID P,¥~LLEL UNE L'IqNG
76.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF .SAID PARCEL MAP;
THENCE., ON E.e~O PARAL/.ZL IJNF_., SOUTH 44' 54' 19" WEST, 148.58 FEET TO
TRLE POINT OF BFGINNIN~,
CONTAINING 0.225 ACRES, MORE OR LESS.
R~~E SUPERVISION OF:
JAMES A. ORENON, P. LS.
LS 6153 EXP. 3/31/02
REC -'
MAY ~ t, t~,~
OITY OF,
ENGINEERING L;~, ';:,~ Iv,~....
SCALE: 1 '=200'
~6-98 ; 3:11P~t '
£XHI81T " "
P.M, ?~8 7-9
CITY OF T~tEC1- '4
?AR, 7
T,P.O.B.
PAR. ~
PAR,
P.O.C.-W'LY 00R, PAR. 3
,]AMES A, ORENON P. LS. 6155
EXP. 5-51-2002
PAR.
P.M, :1o-14,5
818'3571891 ;#
LINE DATA
'NUMBER BEARING DISTANCE'
L1 N, 44'54'lg'E 78,61'
L2 N.50'07'25~ 24.86'
L5 N. ag'52'57"E 159.86'
L4 N.44'55'51"E 174.68'
L5 N,45'05'41 'W 17.54'
L6 ' N. 45'05'41 "V/ 15.00'
L7 N, 44'54'lg"E 572.87'
L8 N.25'O7'12"W 19.15'
Lg N. 44'54'1g"E 418.46'
L 10 N.31'42'02"W 5.08'
L11 N.44'i54'lg"E 148.58;
CURVE DATA
Nu~R ,",= R= (gr.) t.= (Ft.)
C~ 05'0~'~,~'~545.00 ~as. a8
C2 02'52'19" - 86Z00 45.46
ENGINEERING VENTURES, INC.
LAND PLANNING * CIVfL ENGINEERING
I.J,,.~D SUR'VE'YING
4..~_'_'_'_'_'_'_'_'_'~ ~c~'~ P~ o~ * [ 202 . ~g~ · ~ * o2~9o
CITY OF TEMECULA
JOB NO:
SHEET 1, OF ,1 258-4E
" ' 2,7,8-.-4.DWG
IZP PAl &l
j~
-26-g8 ;
CITY OF T~\~C':' ~
EXHIBIT 'A "
CiTY OF TEMECULA
STORk4 DRAIN TEEPORARY CONSTRUCT/O/V EASEMENT
KR PAI~ PIJJA, LTD. PARTNERSHIP TO THE
crn' OF 17J~EOULA
PARCEL 1
THAT POR1]ON OF PARCEL 8 OF PARCEL UAP NO 23430, RECORDED IN
PARCEL ~&D BOOK 168, PAGES 7 THROUGH g, INCLUSIVE tN THE OFFICE
OF THE R{VERSlDE COUNTY RECORDS. RIVERSIDE COUNTY, CALIFORN~
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL B OF SAID
PARCEL
THENCE, ON THE SOUTHEASTEqL¥ UNE OF' .S~D PAqCEL 8, NORTH
· 44' 54'19" EAST, 78.61 FEET;
THENCE, LEAVING SAiD LINE, NORTH 50' 07' 23" WEST, 24.86 FEET;
THENCE, NORTH 39' 52' 37" FAST, 159.86 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1545.00 FEET;
THENCE, NORTHEAS'TERL¥, ON SAID CURVE THROUGH A CENTRAL ANGLE OF
05' 01' 14', 135.38
THENCE., NORTH 44* 53' 5!" EAST° 174-.68 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 867.00 FEET;
THENCE, NORTHEAS'TERL¥ ON SA/D CURVIE THROUGH A CENTRAL ANGLE OF
02' 52" 19'", 45.46 FEET TO THE COMMON BOUNQARY LINE BE/'WEF_.N PARCELS
7 AND 8, OF SAID IgAP, A RADIAL LINE 1'0 SAID POINT BEARS NORTH 42'13'50" WEST;
THENCE, ON THE COMMON LINE BL~F.F__N PARC'q-(:; 7 AND 8, NORTH 45' 05' 41" WEST,
17.34 FEET TO THE I/VI"E~SECTION WITH' A LINE LYING 61.00 FEET.NORTHWESTERLY
OF' AND PARAm wrl'H THE SOUTH~L¥ LINE OF .SAID PARCEL
SA/D POIhq' BEING THE T~.UF pOINT OF RFClNNING:
THENCE, ON SAID PARALLEL UNE., SOUTH 44' 5.4' l g' WEST, 50~. 17 FEE'f:
THENCE, NORTH 8 I' 53' 2!" WEST, '18.73 FEEl' TO THE INTERSECTION WITH A
LINE LYING 75.00 FEET NORTHWESTERLY OF AND PARALL~ I~dTH THE SOUTHEASTERLY
LINE OF SAID PARCEL 8;
THENCE, ON SAID PARAUFL LINE, NORTH 44' 54' lg' FAST, 512.39 FEET TO
THE COMMON LINE BETIAEa7,1 SAID PARCELS 7 AND
THENCE, ON SAID IJNE SOUTH 45' 05' 41' ~ '15.00 FEET TO THE
TRUE POINT OF ~EGINNING,
CONTAINING 0.175 ACRES, ~ORE OR LESS.
PREPARED UNDER TH~ SUPERVIS;ON OF:
~A~ES A. ORENON, P.L.S.
L$ 0~53 ~e. 3/31/02
SENT BY: '-26-98 ; 8:18P5~ ; CITY OF T~\IE .... A~ 8189571891;g14
EXHIBIT 'A "
cI'rY OF TEIAECUIA
STORM DRAIN TEMPORARY OORSTRUCTION F__ASE/qENT
KR PAL.~ PLAZA° LTD. PARTNERSHIP TO fife
CITY OF TEMECULA
?ARCFL 2
THAT PORTION OF PARCEL 6 OF PARCEL MAP NO 25450, RECORDED IN
PARCEL ~ BOOK 168, PAGES 7 THROUOH 9, INCLUSIVE IN THE OFFICE
OF THE RIVERS/DE COUNTY RECORDER, RIVERSIDE COUt,g7, CAL/FORNIA,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE MOST SOUTHERLY CORNER OF SA~D PARCEL 6;
THENCE, ON THE SOUTHerLY LINE OF S,~O PARCFL. 6, ALSO BLqNG
TH£ SOUTHF_A~TERLY LINE OF SAID PARCEL )lAP, NORTH 44' 54' lg' EAST,
48.08 FELT TO THE ~tOST EAS~RLY CORNER OF SAJD PARCEL 6;
THENCE, ON THE EASTERLY LINE OF SAID PARCEL 6, ALSO ~EItVG THE
WESTERLY LINE OF YNF-/ ROAD AS SHOWN ON SA~D PARCEL IdAP, NORTH
I 0° 75' 15' WES'T, 55.11 FEET TO fife BEGINNING OF A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1155.00 FEET;
THENCE. NORTHERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
O1° 46~ 51', 35.22 FEET TO THE INTERSEC]30N ~TH A LINE' LYING 58.00
FEET NORTHWESTERLY OF AND PARAI ~ ~:I ~ THE SOUTHEASTERLY LINE OF
,gAID PARCEL I~AP, A RADIAL LINE TO SAID POINT BEARS NORTH 77' 59'
FAST, S/dO POINT BEING tiff TRUE POINT OF BFGINNING:
THENCE, ON ,~AID PARALLEL LINE, SOUTH 44' 54-' l g' WEST, 66.76 FEET
TO THE SOUTHW~RLY UNE OF' SA/D PARCEL 6;
THF_~Cg ON THE SOUTH~tESTERLY LINE OF .SA~D PARCEL 6,
NORTH 25' 07' ~2' WET3T, ~g. 15 FEET, TO THE INTERSECTION WITH A
LINE LYING 76.00 FEET NORTHW~LY OF AND PAP, A~IFL W~TH THE
SOUfifF_A.STERLY LINE OF SAID PARCEL MAP;'
THENCE, ON .SA/D PARAIIFL LINg NORTH 44' 54' 19" FAST, 7~.71 FEET
TO SAID EASTERLY LINE OF SAID PARCEL ~, BEING ON A NON-TANGENT
CURVE CONCAVE SOUTHW~LY AND HAVING A RADIUS OF 1 ~35.00 FEET,
A RAD~_ LINE TO SA~D POINT 8EARS NORTH 76' 55' og" EAST; '
THENCE, ON SAID EASTERLY LINE OF PARCEL 6, SOUTHERLY ON SAID CURVE
THROUGH A CENTRAL ANGLE OF 01' 04' 27", 21,$5 FEET TO THE
TRLIF POINT OF BF(;INNINO,
CONTAINING 0.029 ACRES, MORE OR LESS.
PREPARED UNDER THE SUPERVISION OF:
dAIdES ,4, ORENON. P. LS.
3/ /o2
IiI .
EXHIBIT" "
PAR. 2
O.02g AOR~S
j?
SCALD 1'=200'
, LP.O.B.
PAR, g
PAR. 1
0.175
PAR, 8
S'L¥ CC~ ~,~. ~J
PREPARED UNDER THE SUPERV1StON OF':
JAMES A. DRENON P.L$. 6155
EXP. ,7-51-2002
SCALE:
1 "=200°
IPAR. 2
pAR, 7
FAR,
lINE OATA
NUI~BER BEARING DISTANCE
L1 N. 44'54'1 g"E 78.61'
L2 N.50'O7'23"W 24.86'
1,3 N.3g'52'37"£ 15g. 86'
L4 N,'H"53'51 "'E 174,68'
1,5 : N. 4.,5'05'41 "W 17.34'
L6 N. 44'54'lg"E 501.17'
L7 N. 81'53'21 "W 18,73'
/_8 N. 44'54'lg"E 512,5g'
LD N. 45'05'41 "W 15.00'
L10 N.44'54'lg"E 48.08'
Lll N, lO'13'lS'W 55.11'
L12 N.4't.'54'19"E 66.75'
L13 ' N.25'O7'12"W 19.15'
L14 N,44'54'19"E 71.71'
ENGINEERING VENTURES, INC.
LI~D pI.~JqNING e CIVIL E~IGINEEPJNG LAND
CURVE DATA
cl o5'o~'~" ~5.oo ~5.~
c2 oz~'~" ~7.~ ~3.~
~ ov46'5~" ~33.oo35.22
C~ 01'04'47' 1155.~2~.55
CITY OF TEMECUL/
JOB NO:
SHEET I OF', 1_ 238'
~ - 238-4
IPI~OJECT: KR PALM pLAZA, LTD. PTN. K~ART CORP.
STORM DRAIN TEMP. CONSTRUCTION EASEMENT
IDATE:
5-20-98