HomeMy WebLinkAbout98-124 CC ResolutionRESOLUTION NO. 98-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN "PURCHASE AND
SALE AGREEMENT AND ESCROW INSTRUCTIONS"
BETWEEN THE CITY OF TEMECULA AND CONNIE HILL
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
a. The City Council adopted Resolution Numbers 98-94 and
98-95 declaring the necessity to acquire certain interests in real property of
Connie Hill and Dean Hill.
b. Following the adoption of said Resolution, the parties have
agreed to terms for the acquisition of such interests in real property which are set
forth in the attached Purchase and Sale Agreement and Escrow Instructions.
Section 2. The City Council of the City of Temecula hereby approves that
certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" dated as of
December 15, 1998 by and between the City of Temecula and Connie Hill and authorizes the
Mayor to execute the Agreement on behalf of the Agency in substantially the form attached
hereto as Exhibit A. The City Manager is hereby directed and authorized to execute such other
documents, including without limitation, escrow instructions and amendments thereto,
certificates of acceptance, or certifications, as may be necessary or convenient to implement
the terms of said Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this 15th day of December, 1998.
Ronald Roberts, Mayor
ATTEST:
Jones,
[SEAL]
Resos. 98-124 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby
certify that Resolution No. 98-124 was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on this 15th day of December, 1998, by the
following vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberrs
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
san , Jones,
R:\bradley\agenda98\1480931.1
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
(Escrow 74038A)
THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
(this "Agreement") for Escrow Number 74038A (this "Escrow") at First American Title Insurance
Company is dated and entered into as of December __, 1998 (the "Effective Date") by and
between Connie Hill, an unmarried woman ("Seller"), and THE CITY OF TEMECULA, a
public body, corporate and politic ("Buyer" or "City"), and constitutes both an agreement to
purchase and sell real property between the parties and the parties' escrow instructions directed to
First American Title Insurance Company ("Escrow Holder").
RECITALS
A. Seller is the owner of the real property described and depicted in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Fee Property").
B. Seller has the legal right to convey to Buyer certain easement property described and
depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Easement
Property"). The Fee Property and the Easement Property may collectively be referred to herein as
the "Property ".
C. Seller desires to sell and Buyer desires to buy, the Property on the terms and
conditions set forth herein.
D. The Close of Escrow (as defined herein) shall occur concurrently with the Close of
Escrow for Escrow Number 74038A-1 held by Escrow Holder (the "Concurrent Escrow").
NOW THEREFORE, in consideration of the foregoing premises, operative
provisions and the Recitals which are incorporated herein by this reference, the parties hereto
agree as follows:
1. Purchase and Sale. On the Close of Escrow, Seller agrees to sell the
Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions
hereinafter set forth.
2. Purchase Price. The total purchase price (the "Purchase Price") for the
Property which is the subject of this Escrow is the sum of One Hundred and Fifty Thousand
Dollars ($150,000), which sum shall be paid in full in cash on the concurrent closing of this
Escrow and the Concurrent Escrow. The Purchase Price shall be payable to Seller.
3. Title and Title Insurance. Buyer has ordered from Escrow Holder a title
commitment for the Property and copies each of all instruments identified as exceptions on said
981108 11086-00001 sj 1491463.A 0
title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments
and the title commitment to Buyer and Seller. Buyer's title to the Property shall be insured at the
Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount
of the Purchase Price (the "Policy "). The Policy of title insurance provided for pursuant to this
Section shall insure Buyer's interest in the Property free and clear of all liens, encumbrances,
restrictions, and rights-of-way of record, subject only to the following permitted conditions of title
("Permitted Title Exceptions"):
(a) The applicable zoning, building and development regulations of any
municipality, county, state or federal jurisdiction affecting the Property; and
(b) Those non-monetary exceptions approved by Buyer within fifteen (15)
business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such excep-
tions, Escrow shall thereupon terminate. all funds deposited therein shall be refunded to Buyer
(less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further
force or effect. If Buyer conditionally disapproves any such exceptions. then Seller shall use
Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow,
Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or
terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share
of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force
or effect. At the Close of Escrow, Buyer's title to the Property shall be free and clear of all
monetary encumbrances.
4. Deeds.
(a) Seller covenants and agrees to deposit with Escrow Holder prior to
the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and
conveying to Buyer the Real Property. The Grant Deed shall be in a form satisfactory to Buyer
and Buyer's counsel and shall be accepted by Buyer prior to recording.
(b) Seller covenants and agrees to deposit with Escrow Holder prior to
the Close of Escrow sufficient Deeds duly executed and acknowledged by Seller, granting and
conveying to Buyer the Easement Property. The Deeds for the Easement Property shall be in a
form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording.
5. Authorization to Record Documents and Disburse Funds. Escrow Holder
is hereby authorized to record the documents and disburse the funds and documents called for
hereunder upon the Close of Escrow, provided each of the following conditions has then been
fulfilled:
(a) Title Company can issue in favor of Buyer the Policy, showing the
Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use
the proceeds of the Purchase Price to obtain a partial reconveyance, if necessary, of any monetary
981108 11086-00001 sj 1491463.A 0 - 2 -
liens encumbering the Property, so that the Property shall be flee and clear of monetary liens and
encumbrances at the Close of Escrow.
(b) Escrow Holder shall have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for
in Section 11; and
(C)
Seller shall have deposited in Escrow the Deeds required by
Section 4.
(d)
The Concurrent Escrow concurrently closes concurrently with this
Escrow.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the
Policy, including the Grant Deed and the Deeds conveying the Easement Property.
6. Escrow. The parties hereby establish this Escrow to accommodate the
transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow
shall mean the date on which Escrow Holder shall have received a fully executed original of this
Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Deeds to
Buyer are delivered and recorded in the Official Records of the County of Riverside. The Close
of Escrow shall be on the date which is not later than the first business day occurring thirty (30)
days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to
the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow
COSTS.
7. Escrow Char~,es and Prorations. Buyer shall pay for the cost of the CLTA
Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's
customary out-of-pocket expenses for messenger services, long distance telephone. etc. Buyer
shall pay for recording the Deeds and any documentary or other local transfer taxes, and any other
recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay
all Escrow cancellation charges.
8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized
agents, contractors, consultants, assigns, attorneys, accountants and other representatives an
irrevocable license to enter upon the Property for the purpose of making inspections and other
examinations of the Property, including, but not limited to, the right to perform soil and geological
tests of the Property and an environmental site assessment thereof. Buyer does hereby indemnify
and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and hamless
from and against any and all liability, loss, damages and costs and expenses, demands, causes of
action, claims or judgments, whether or not arising from or occurring out of any damage to the
Property as a result of any accident or other occurrence at the Property which is in any way
connected with Buyer's inspections or non-permanent improvements involving entrance onto the
Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default,
this license shall terminate upon the termination of Buyer's right to purchase the Property. In such
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981108 11086-00001 sj 1491463.A 0
event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools
and equipment from the Property.
9. Warranties and Representations of Seller. Seller hereby represents and
warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and shall
survive the Close of Escrow:
(a) That (i) on the Close of Escrow the Property shall be flee and clear of
any and all hazardous or toxic substances, materials, and waste, including, but not limited to,
asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including
environmental, health and safety requirements; (iii) all businesses on the Property have disposed of
their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller
has no notice of any pending or threatened action or proceeding arising out of the condition of the
Property or alleged violation of environmental, health or safety statutes, ordinance or regulations
To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall
indemnify, protect, defend and hold harmless Buyer from and against any and all claims,
liabilities. suits, losses, costs, expenses and damages, including but not limited to attorneys' fees
and costs, arising out of any claim for loss or damage to any property, including the Property,
injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous
or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects
on the environment, or by mason of any statutes, ordinances, orders, rules or regulations of any
governmental entity or agency requiring the clean-up of the Property, caused by or resulting from
any hazardous material, substance or waste existing on, under or about the Property on the Close
of Escrow.
(b) That Seller is the sole owner of the Property free and clear of all
liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments
by improvements or vegetation on the Property onto adjacent property, or rights of way of any
nature, other than those that may appear on the title commitment. Seller shall not further
encumber the Property or allow the Property or to be further encumbered prior to the Close of
Escrow.
(c) Neither this Agreement nor anything provided to be done hereunder
including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or
instrument to which Seller is a party, or which affects the Property, and the sale of the Property
herein contemplated does not require the consent of any party not a signatory hemto.
(d) There are no mechanics', materialmen's or similar claims or liens
presently claimed or which will be claimed against the Property for work performed or
commenced prior to the date of this Agreement. Seller agrees to indemnify, defend and hold
Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees,
arising from or relating to any such lien or any similar lien claimed against the Property and
arising from work performed or commenced prior to the Close of Escrow.
981108 11086-00001 sj 1491463.A 0 - 4 -
(e) There are no written or oral leases or contractual right or option to
lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the
Property or any part thereof, and no persons have any right of possession to the Property or any
part thereof.
(f) Seller has no knowledge of any pending, threatened or potential
litigation, action or proceeding against Seller or any other Party before any court or administrative
tribunal which is in any way related to the Property.
10. Buyer's Contingencies. For the benefit of Buyer, the Close of Escrow and
the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and
subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed
that Buyer can waive any or all such contingencies) on or before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties of
Seller contained in this Agreement are all true and correct.
(b) The delivery of all documents pursuant to Sections 4 and 12 hereof.
(c) Title Company's irrevocable commitment to issue in favor of Buyer of
a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase
Price showing Buyer's interest in the Property subject only to the Permitted Title Exceptions.
(d) Buyer's approval prior to the Close of Escrow of any environmental
site assessment, soils or geological reports, or other physical inspections of the Property or the
underlying real property that Buyer might perform prior to the Close of Escrow.
11. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and
the Seller's obligation to consummate the sale of the Property shall be contingent upon and subject
to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that
Seller can waive any or all such contingencies) on or before the Close of Escrow:
(a) That as of the Close of Escrow the representations and warranties of
Buyer contained in this Agreement are all true and correct.
(b) The delivery of the Purchase Price pursuant to Section 2 hereof.
(c) The delivery of all documents pursuant to Section 4 hereof.
12. Certification of Non-Foreit, n Status. Seller covenants to deliver to Escrow
a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice
pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of
Escrow.
981108 11086-00001 sj 1491463.A 0 ' 5 '
13. Default. In the event of a breach or default under this Agreement by either
Buyer or Seller, the non-defaulting party shall have. in addition to all rights available at law or
equity, the right to terminate this Agreement and this Escrow for the purchase and sale of the
Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if
Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior
deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without
prejudice to the non-defaulting party's rights and remedies at law or equity.
14. Notices. All notices and demands shall be given in writing by certified mail.
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered
given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the
United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1)
business day following deposit with an overnight carrier service. A copy of all notices shall be
sent to Escrow Holder. Notices shall be addressed as provided below for the respective party;
provided that if any party gives notice in writing of a change of name or address, notices to such
party shall thereafter be given as demanded in that notice:
BUYER:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attn: City Manager
COPY TO:
Richards, Watson & Gershon
333 So. Hope St., 381h FI.
Los Angeles, California 90071
Attn: Peter M. Thorson, Esq.
SELLER:
Connie Hill
27662 Jefferson Ave.
Temecula, California
92590
ESCROW
HOLDER
First American Title Company
323 West Court Street
San Bernardino, California 92401
Attention: Lee Ann Adams
15. Broker's Commissions. Seller shall pay all claims of brokers, agents or
finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or
may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for
any such fees or claims and Seller shall indemnify, defend and hold harmless Buyer, its officers,
employees and agents, from any and all costs, liabilities or judgments, incurred in defending or
paying any such claims.
16. Full Payment of All Oblieations of City. Except as provided for in
Paragraph 17 herein, it is understood and agreed between Seller and Buyer that the payment made
to Seller as set forth in this Agreement represent an all inclusive settlement and is full and
981108 11086-00001 sj 1491463.A 0 - 6 -
complete payment for just compensation for the acquisition of all property interests pertaining to
the Property and includes and satisfies any and all other payments, if any, which may be required
by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons
residing on the Property, and specifically includes. but is not limited to, claims for severance and
other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation
damages, inverse condemnation, owner participation rights under the Redevelopment Plan.
relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1,
Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq. ),
and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section
1263.510, and all costs and expenses whatever in connection therewith. Seller hereby
acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance
rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary.
17. Water and Sewer Connections. Notwithstanding the terms and provisions
of Paragraph 16 herein, the City shall modify the Overland Overpass Construction Contract to
include the construction of sewer and water connections to the real property described and depicted
on Exhibit C attached hereto and incorporated herein by this reference (the "Remainder Property").
The sewer and water connections shall be reasonably sufficient in size to service structures
comparable to the structures located on the properties adjacent to the Remainder Property.
18. Additional Compensation in the Event Construction Period Exceeds 18
Months. The parties acknowledge that the Property is subject to a temporary construction
easement (the "TCE") and that the parties have agreed on the Purchase Price based on the
assumption that the City will utilize the TCE for approximately 18 months. In the event the City
requires the use of the TCE for a period exceeding 18 months, the City shall compensate Seller for
use of the TCE in excess of 18 months. As an agreement between Buyer and Seller of which you
are not to be concerned the sum of (i) the total compensation for the TCE which is the subject of
this Escrow, and (ii) the total compensation for the TCE which is the subject of the concurrent
Escrow shall not exceed $1,837.50 per month. As an agreement between the Seller in this Escrow
and the Seller in the Concurrent Escrow of which you are not to be concerned, the Seller in this
Escrow and the Seller in the Concurrent Escrow shall allocate the additional compensation received
as a result of the TCE, if any, outside of this Escrow on a square foot basis. Notwithstanding the
foregoing, the 18 month period of use of the TCE shall not begin until the City actively uses the
TCE for construction purposes.
19. Chart, es to Seller for Street Improvements. The City shall not charge the
Seller for street improvements reasonably associated with the construction of the subject project
(including, without limitation, medians, driveways or other street improvements solely arising out
of the subject project); provided, however, upon completion of the subject project, nothing shall
limit the City's ability to assess Seller for general street improvements.
20. Hazardous Substances. Buyer shall remove any "hazardous materials",
including without limitation, toxic substances, materials, wastes or contaminants which solely arise
out of the Overland Overpass Construction Contract. Notwithstanding the foregoing, Buyer shall
not be responsible for the removal of any hazardous materials from the Property if such hazardous
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981108 11086-00001 sj 1491463.A 0
materials are determined to arise from any matter, reason. or cause other than the Overland
Overpass Construction Contract.
21. Temporary Construction Fence. The City shall boundaries of the Property
and the Southerly and Westerly boundaries of the Remainder Property. The City shall install a
temporary fence for the duration of construction.
22. Further Instructions. Each party agrees to execute such other and further
escrow instructions as may be necessary or proper in order to consummate the transaction
contemplated by this Agreement. In the event the Seller has specific comments during the
construction period of the subject project, the Seller shall contact the City's Director of Public
Works unless and until the City designates an alternative contact person, in writing.
23. Amendments. Any amendments to this Agreement shall be effective only
when duly executed by Buyer and Seller and deposited with Escrow Holder.
24. Miscellaneous
(a) Applicable Law. This Agreement shall be construed and interpreted
under, and governed and enforced according to the laws of the State of California.
(b) Entire Aereement. This Agreement supersedes any prior agreement,
oral or written, and together with the Exhibits hereto and any agreements delivered pursuant
hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No
subsequent agreement, representation or promise made by either party hereto, or by or to any
employee, officer, agent or representative of either party, shall be of any effect unless it is in
writing and executed by the party to be bound thereby. No person is authorized to make, and by
execution hereof Seller and Buyer acknowledge that no person has made, any representation,
warranty, guaranty or promise except as set forth herein; and no agreement, statement,
representation or promise made by any such person which is not contained herein shall be valid or
binding on Seller or Buyer.
(c) Successors and Assi~,ns. This Agreement shall be binding upon and
inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto.
(d) Time of Essence. The parties acknowledge that time is of the essence
in this Agreement, notwithstanding anything to the contrary in the Escrow company's general
Escrow instructions.
(e) Remedies Not Exclusive and Waivers. No remedy conferred by any
of the specific provisions of this Agreement is intended to be exclusive of any other remedy and
each and every remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election
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981108 11086-00001 sj 1491463.A 0
of any one or more remedies shall not constitute a waiver of the right to pursue other available
remedies.
(f) Interpretation and Construction. The parties agree that each party
has reviewed and revised this Agreement and have had the opportunity to have their counsel and
real estate advisors review and revise this Agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall 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 where ever 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 shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Agreement.
(g) City Manager Authority. The City Manager is hereby directed
and authorized to execute such other documents, including without limitation, easement documents,
escrow instructions and amendments thereto, certificates of acceptance, or certifications, as may be
necessary or convenient to implement the terms of this Agreement.
25. Attorneys' Fees. 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 shall be entitled to recover reasonable attorneys' fees from the
other party.
26. Assil, nment. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such assignment
or designation shall not relieve Buyer of any of its obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
(Signatures Follow)
981108 11086-00001 sj 1491463.A 0 ' 9 '
SELLER
Connie Hill
BUYER
THE CITY OF TEMECULA, a public body,
corporate and politic:
ATTEST:
Ron Roberts, Mayor
By
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FOPd~:
By
Peter M. Thorson
City Attorney
981108 11086-00001 sj 1491463.A 0 l0 -
EXHIBIT "A"
Legal Description of the Property
THAT PORTION OF LOT 116 OF THE MURRIETA PORTION OF THE TEMECULA
RANCHO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY
MAP OF THE LANDS OF THE TEMECULA LAND AND WATER COMPANY ON FILE IN
BOOK 8 PAGE 359 OF MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF APRICOT STREET AND
THE CENTER LINE OF GARFIELD AVENUE:
THENCE NORTHWESTERLY ON THE CENTER LINE OF GARFIELD AVENUE, 115.00;
FEET;
THENCE NORTHEASTERLY, PARALLEL WITH THE CENTER LINE O APRICOT
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED SEPTEMBER 7 1950
AS INSTRUMENT NO. 695 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE SOUTHEASTERLY, ON THE SOUTHWESTERLY NINE OR SAID PARCEL.
115.00 FEET, TO THE CENTER LINE OF APRICOT STREET, THENCE
SOUTHWESTERLY, ON THE CENTER LINE OF APRICOT STREET, TO THE POINT OF
BEGINNING;
EXCEPT THAT PORTION OF GARFIELD AVENUE;
ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED T THE COUNTRY OF
RIVERSIDE BY DEED RECORDED OCTOBER 2, 1987 AS INSTRUMENT NO. 387178 OF
OVERALL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
981108 11086-00001 sj 1491463.A 0 - I 1 -
2.
3.
4.
5.
6.
EXHIBIT "B"
Easement Property
Temporary Construction Easement
Overland Drive Fee Right-of-Way
Overland Drive Fee Right-of-Way
Overland Drive - Pile Maintenance Easement
Overland Drive Settlement Easement
30' E.M.W.D. Sewer, Ingress and Egress Easement
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981108 11086-00001 sj 1491463.A 0
EXHIBIT "A"
CITY OF TEMECULA
OVERLAND DRIVE
TEMPORARY CONSTRUCTION EASEMENT
HILL TO THE CITY OF TEMECULA
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
GRANT DEED TO CONHIE M. HILL RECORDED APRIL 26, 1976 AS
INSTRUMENT NO. 55729, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF P~CEL i AS SHOWN ON
PARCEL MAP NO. 23830 RECORDED IN PARCEL MAP BOOK 157 PAGES 100
AND 101, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID CORNER
ALSO BEING THE INTERSECTION OF THE CENTERLINE OF APRICOT STREET
(VACATED) AS SHOWN ON MAP OF THE LANDS OF THE TEMECULA LAND AND
WATER COMPANY, FILED IN BOOK 8 PAGE 359 OF MAPS, RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA, WITH A POINT ON THE NORTHEASTERLY RIGHT
OF WAY LINE OF JEFFERSON AVENUE AS SHOWN ON SAID PARCEL MAP NO.
23830 AND DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED
SEPTEMBER 6, 1983 AS INSTRUMENT NO. 182G16, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA;
THENCE, ON THE CENTERLINE OF SAID APRICOT STREET, SOUTH 44°52'17'
WEST, 0.38 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE
OF JEFFERSON AVENUE (FORMERLY GARFIELD AVENUE) BEING THE MOST
EASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
DEED TO THE COUNTY OF RIVERSIDE RECORDED OCTOBER 2, 1987 AS
INSTRUMENT NO. 287178, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE, ON THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON
AVENUE AS DESCRIBED IN SAID DEED, NORTH 37°41'39' WEST, 36.12 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID RIGHT OF WAY LINE, SOUTH 87°29'19, EAST 2.56
FEET
THENCE, NORTH 05°58'24' EAST, 7.67 FEET;
THENCE, NORTH 51~39'58' EAST, 100.00 FEET;
THENCE, NORTH 52°49'55, WEST, 87.93 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
SAID DEED TO CONNIE M. HILL, LYING 85.00 FEET NORTHEASTERLY OF
THE INTERSECTION OF SAID NORTHWESTERLY LINE WITH THE
NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE AS DESCRIBED
IN SAID DEED TO THE COUNTY OF RIVERSIDE, RECORDED AS INSTRUMENT
NO. 287178;
THENCE, ON SAID NORTHWESTERLY LINE, SOUTH 44°52'17' WEST, 85.00
FEET TO SAID NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE;
THENCE, ON SAID RIGHT OF WAY LINE, SOUTH 37°41'39' EAST, 78.89
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 7,752.41 SQUARE FEET OR 0.18 ACRES
PREPARED UNDER THE SUPERVISION OF:
J~24ES A. DRENON, JR.,
P.L.S. 6153
EXPIRES 3/31/02
DATE
HIelT "e"
POR, LOT '116
NI, B, 61359
· S,D, CO, IVIAP
5C. AI~:~ '=40' p' ~'Rx ,""'
DETAIL "A" ..,z~. ~,'x.,,, ~'
q"'6, 4, 0%,~x '~
· \
'
p.O.C.
TEMPORARY CONSTRUCtiON
EASEMENT
7,752.41 SO, FT.
O. 18 ACRES
r'
JN8T. NO. 55729
REC'D. 4-28-2'E;
/
/
/ /
ENGINEERING VENTURES, INC.
LAND PLANNINe · CML ENGINEERINC
LAND SURVEYING
4,3500 RIDGE pARK DR * If 202 * T~MECULA ° CA * 92590
T~:L I (909) 899-6450 FAX II (909) 699-'3JB9
JOB NO:
SHEEr 1 OF 1 238-4H
TEMPORARY CONSTRUCTION EASEMENT
April 25, 1996
W.O. 9012240-03
EXHIBIT "A"
City of Temecula
Overland Drive Fee Riqht.,of-Wav
Connie M. Hill, et. al., to the CIty of Temecula
That portion of Lot 116 and Apricot Street (vacated), as shown by map of The Lands otr the
Temecula Land and Water Company. on file in Book 8 of Maps at Page 359 thereof, Records of
San Diego County, California, of describeel parcel of land:
COMMENCING at the most Northerly corner of Par~:el I of Parcel Map 23830, as shown by
map on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof, Records of Riverside
County, California, said comer being on the centerline of said Apricot Street (vacated);
Thence S.44°52'17"W. along the Northwesterly line of said Parcel 1, also being along said
centerline of Apricot Street (vacated), a distance of 11.61 feet;
Thence S.39°52'37"W., a distance of 61.63 feet;
Thence Southwesterly on a curve concave Northwesterly. having a radius of 735.00 feet,
through an angle of 01°23'38", an arc length of 17.88 feet;
Thence S.48°43'45'E., a distance of 8.25 feet to the Point of Beginning or the parcel to be
described;
Thence continuing S.48~43'45"E.. a distance of 86.00 feet;
Thence S.39°52'37'W., a distance of 37.16 feet;
Thence Southwesterly on a curve concave Northwesterly, having a radius of 611.00 feet,
through an angle of 18~12'26', an arc length of 194.16 feel;
Thence S.58°05'03"W., a distance of 34.31 feet;
Thence S.10°39'38"W.. a distance of 34.23 feet to the Southwesterly line of said Parcel 1.
also being the Northeasterly line of parcel conveyed to the County of Riverside by Deed recorded
September 6. 1983 as Instrument No. 182016, Official Records of Riverside County, California;
Thence N.34°55'13"W. along said line, a c~istance of 103.18 feet to the most West.erly corner
of said Parcot 1, also being the most Northerly corner of said parcel conveyed to the County of
Riverside and also being on said centerline of Apricot Street (vacated);
JFD::JFDSADM:[LEGAL]LEGALJQT,81YVETTEB
,~
LEGAL DESCRIPTION
Overland Drive Fee Right-of-Way
Aprit 25, 1996
Page 2
Thence S.44°52'17"W. along said line, a distance of 0.38 feet to the most Easterly corner of
parcel conveyed to the County of Riverside by Deed recorded October 2, 1987 as Instrument No.
287178. Official Records of Riverside County, California;
Thence N.37°41 '39"W. along the Northeasterly line of la. st mentioned parcel conveyed to the
County of Riverside, a distance of 36.12 feet;
Thence S,87°29'19"E., a distance of 27.74 feet;
Thence N.58°05'03"E., a distance of 30.35 feet;
Thence Northeasterly on a curve concave Northwesterly. having a radius of 738.00 feet,
through an angle of 13039'00'', an arc length of 175.82 feet to a point of reverse curvature;
Thence Northeasterly on a curve concave Southeasterly, having a radius of 117.00 feet,
through an angle of 06°54'07'', an arc length of 14.09 feet (the initial radial line bears
N.45°33'57"W.) to a point on a line that bears S.51°20'10"W.. a distance of 27.15 feet from said
Point of Beginning;
Thence N.51°20'10"E. along said line. a distance of 27.15 feet to the Point of Beginning.
The abov. e described parcel of land contains 0.024 acres. more or less.
RLS/MC/yb
J, F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marissa Clewthor. PLS No. 6152
Date: ~-'~ -'~tf
'JFD::JFDSAOM:[LEGAL]LEGAL.JQ7;BIWE'I'rEB
,~f PiE ATTACHED DOCUMEIvr. ff iS NOr A PART OF ThE wRiTTEN
DESCRIPTION L"~EREIN.
0
e,': R.L.5.
THE LANDSI OFTHE TEMECULA LAND
AND WATER
MCOMPANY
, . ......... .B. 8/359 S.D.
~D' ~ ' i LO
DETAIL
RWERGIDE BY DEE~5 Z_ Z ............~
REC, OCT. ~,1~1 ~ ~t . . .. . ....
tN~T. N8.~n~B o.n. > 5~.~.~_ -~
~ ~. ....- .
RW. CO, CA. ~ ~ - ...~
....
/
~ ~ / pARCEL
DRIVE' ~
PAR. T~ CDUI, IT"f 6F
I~.~ERS~DE I~Y
REC.. 6E~T. G, I"J4Bt'
A~ IN~T. N0. 1%7.-018''''~
0.R. FUY. C~. CA.
,~LLi
so'
pARCEL 2
PARCEL MAP NO. 23830
RM. I57/I00 -101
PARCEL 3
COUReE OATA ~ e.m.a~"aa,"w. ~4-.~.~'
5.44,'6'Z.'Ll"IN, II.GI'~N.~.'65'l~'V,I.loS. If>'
6,'~' .Sq-"~l'W- GI.G'Y 9.4A' 97' II'W. O.~IY
~ R-'7~5.00' A-OI'?.T~rL'tl.55' N.~7"4r~'~°W- 3G,.l?-.'
~ e. 4&"4"5'45,"E. R.'Z..~' ~ 5- 61" ?.']' r}' E . Z'1'.'1'I'
~ r3.4. Bo4fj,,45"E. B5.OO' N.55'OS'O'5'E. ...~o.35'
(~ 5. ~'E,'Z"a'7"W. "bT.!~' R='~,B.OO' ,',.-,1'~'~'00' L'- i']5.9,'2.'
I~ R=G~II,I313'/'~=l~'lt' ' " .Ib' ' ' ' ' ' " = '
~ 5.5~'05'0YlN. · .l
OITY OF .TEMEOULA
OVERLAND DRIVE
FEE RIGHT- OF-WAY 8~/E~
Ci~NNIE )'A, HILL, ET AL FI~i~'PERTY
April 17, 1996
EXHIBIT "A"
City of Temecula
Overland Drive Fee Rlclht-of-WaV
Caltrans Parcel No. 15940
W.O. 9012240-03
That portion of Apricot Street (vacated) as shown by map of The Lands of the Temecula Land
and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County,
California, described as follows:
Beginning at the most Northerly corner of Parcel 1 of Parcel Map 23830, as shown by map
on file in Book 157 of Parcel Maps at Pages 100 and 101 thereof, Records of Riverside County,
California, said corner being on the centerline of said Apricot Street (vacated), and said corner being
on the Southwesterly line of parcel conveyed to State of California by Deed recorded October 17.
1950 in Book 1211, Page 4.40, Official Records of Riverside County, California;
Thence S.44°52'17"W. along the Northwesterly lino of said Parcel 1, also being along said
centerline of said Apricot Street (vacated), a distance of 11.61 feet;
Thence N.39'=52'37'E., a distance of 11.96 feet to the Southwesterly line of said parcel
conveyed to State of California;
Thence S.28°41 '00"E., along said line, a distance of 1.09 feet to the Point of Beginning.
The above described parcel of land contains 6.05 square feet (0.00014 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
Grantors remaining property, in and to said freeway.
RLS/MC/yb
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marissa Cro~her, PLS No. 6152
Date:
JFD::JFDSAOM:[1,EGAL]LEGAL.JQ3;91YVE'I'rEB
.*
THIS PLAT IS SOLELY AN AID IN LOL- IC THE PARCEL(S) DESCRIBED
IN ~E A~ACH~D DOCUMENT. IT IS NOT ~ P~T OF TH~ WRI~EN
DESCRIPnON TH~EIN.
April 25, 1996
W.O. 9012240-O3
EXHIBIT "A"
City of Temecula
Overland Drive - PIle Maintenance Easement
Connie M. Hill, at. al., to the CIty of Temecula
That portion o| Apricot Street (vacated) as shown by map of The Lands of the Temecula Land
and Water Company, on file in Book 8 of Maps at Page 359 thereof, Records of San Diego County,
California, described as follows:
COMMENCING at the most Northerly corner of Parcel 1 of Parcel Map No. 23830, as shown
by map on file in Book 157 of Parcel Maps, at Pages 100 and 101 thereof, Records of Riverside
County, California, said corner being on the centerline of Apricot Street (vacated). as shown by map
of The Lands of the Temecula Land and Water Company, on file in Book 8, Page 359 thereof,
Records of San Diego County, California;
Thence S.44°52'17"W. along the Northwesterly line of said Parcel 1, also being the centerline
of said Apricot Street (vacated), a distance of 66.40 feet to the Point of Beginning of the easement
to be described;
Thence continuing S.44°52'17"W. along said line, a distance of 94.29 feet;
Thence N.41 °41'37"E., a distance of 93.98 feet;
Thence S.50°07'23"E.. a distance of 5.23 feet to ~he Point of Beginning.
The above described parcel of land conlains 0.0056 acres, more or less.
RLS/MCImn
J. F. DAVIDSON ASSOCIATES, INC.
Prepared Under the Supervision of:
Marlsea Crowlher, PLS No. 6152
D to' ,,,~ud,-3~ 7-1 te*~ ~
a .
JFD::JFDSADM:[LEGAL]LEGAL.JR8;61YVE'FT'EB
:.~,~ PLAI' /S SOLELY A!,t Ai3 IN LOG, ; ,'%E PARCEL(S)
ThE AT'TACHEP DOCUI, tEt,'T. ~T ~S NOT A PART OF THE
DE~CRIPTIO~ ~EREIN.
u_ pARCEL 2
f= PARCEL MAP NO. 23850
"' ~, ' RM. 57/100LI01
PARCEL 5
5G'
.COURSE DATA
Q ~,~+'G~'tl"W.
I~ G.~" 59J r'w.
i~) G.
~ ~017_?.A0-05 I n,,', CtT'f OF 'rEM IECULA
OITY OF TEMEOULA
PILE MAINTENANCE EA6EMENT
OVER
COI~!~IE M. HILL,ET AL PRaPE~TY
RXH1RIT "Aw
CITY OF TEMECULA
OVERLAND DRIV]:. RE'FFI .EMENT EAREM'ENT
THAT PORTION OF APRICOT STREET (VACATED) AS SHOWN BY MAP OF THE TEMECULA
LAND AND WATER COMPANY RECORDED IN BOOK 8 PAGE 359 OF MAPS, ILECORDS OF SAN
DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOIYrHWESTERLY LINE OF THAT CERTAIN PAKCEL OF
LAND DEEDED TO THE STATE OF CALIFORNIA PER DEED RECORDED OCTOBER 17, 1950 IN
BOOK 1211, PAGE 440, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO BEING
THE MOST NORTHERLY CORMER OF PARCEL 1 OF PARCEL MAP NO. 23830 RECORDED IN
PARCEL MAP BOOK 157, PAGES 10O AND 10 1 IN THE OFFICE OF THE RIVERSIDE COUNTY
RECORDER, RIVERSIDE, CALIFORNIA;
THENCE ON THE NORTHWESTERLY LINE OF SAID PARCEL 1, ALSO BEING THE CENTERLINE
OF SAID APKICOT STREET, SOUTH 44°52'17° WEST, 11.61 FEET TO THE TRUE POINT OF
B~:GrNN'~G:
THENCE, CONTINUING ON SAID LINE, SOUTH 44°52'17, WEST, 211.08 FEET;
THENCE. LEAVING SAID LINE, NORTH 38°28'11' WEST, 12.62 FEET;
THENCE, NORTH 4l°32'56, EAST, 229.22 FEET TO TIE SOUTHWESTERLY LINE OF SAID PARCEL
CONVEYED TO THE STATE OF CALIFORNIA;
THENCE, ON SAID LINE, SOUTH 28°42'40' EAST, 25.83 FEET TO A POINT LYING 1.09 FEET FROM
THE MOST NORTHERLY CORNER OF SAID PARCEL 1;
THENCE, LEAVING SAID LINE, SOU'IH 39°52'37' WEST, 11.96 FEET TO THE TRI IF. POINT OF
RF.C, INNT!~rC,.
CONTAINING 0.099 ACRES, MOKE OR LESS.
PREPARED UNDER THE SUPERVISION OF
4
Exphs: " , ;~
~ I
JAMES A. DRENON, JR.. P.L.S.
EXHIBIT "B"
SCALE I "= ~ 00'
880
/ 100 -
LINE DATA TABLE
NUMBER BEARING DISTANCE
L-1 N 44'52'17' E 11.61
L-2 N 44'52'17' E 211.08
L-3 N 38'28'11" W 12.62
L-4 N 4 r32'56" E 229.22
L-5 S 28'42'40' E 25.83
L-6 S 28'42'40' E 25.83
F__ENGINEERINC VENTURES, INC.
LAND PLANNING , CIVIL ENGINEERING
Z~,ND SURVDqNG JOB NO:
~L I C~) tW-~ r~ I (~) l-JNg SHEET I OF I 238-4
~'=200' _ 12-12-97 CI~ OF TRMECU~ G~R~D DRIVE SE~LEMENT ~SEMENT
September 14, 1995
W.O. #95-254
APN: 910-130-026
EXHIBIT "A"
30' E.M.W.D. SEWER, INGRESS AND EGRESS EASEMENT
CITY OF TEMECULA
PROPERTY OF CONNIE M. HILL
That portion of that certain parcel of land conveyed to Conhie M. Hill, by Deed recorded April
26, 1976 as Instrument No. 55729. Official Records of Riverside County, California, being a portion
of Lot 11 6 of the Murrieta portion of the Temecula Rancho. as shown by map of the lands of the
Temecula Land and Water Company on file in Book 8 of Maps at Page 359 thereof, Records of San
Diego County, California, lying within a strip of land 30.00 feet wide, the centerline being described
as follows:
COMMENCING at the centerline intersection of Jefferson Avenue and Overland Drive as
shown on Parcel Map No. 23830, as shown by map on file in Book 157 of Parcel Maps, at Pages
100 and 101 thereof, Records of Riverside County. California;
Thence N.32°43'25"E.. a distance of 24.01 feet to the Point of Beginning of said centerline to
be described;
Thence N.06'~00'00"E., a distance of 61.00 feet;
Thence N.51°41'34"E., a distance of 339.06 feet to the Northeasterly line of Parcel 1, also
being the Southwesterly line of Interstate 15 as shown on said Parcel Map No. 23830, and the
termination of said centerline description.
The above described parcel of land contains 0. 148 acres. more or less.
RLS/MCK/mn
E,¢,9 30 09
J. F. DAVIDSON ASSOCIATES, INC.
Prepared under the,supervision of:
Date:
JFD::JFDSADM :[LEGAL]LEGALJJg;21JEANL
_j
Ld
O
$
I
EXHIBIT "C"
Legal Description of Remainder Property
I
i
981108 11086-00001 sj 1491463.A 0
- 13-