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HomeMy WebLinkAbout16-59 CC Resolution RESOLUTION NO. 16-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN THE RORIPAUGH RANCH DEVELOPMENT (APN 964-460-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Operating Memorandum No. 7, dated May 28, 2015, the developer conveyed fee title to the Skyview Park site within the Roripaugh Ranch development to the City. The City will ultimately be responsible for the maintenance of the park upon its acceptance by the City. Merchant builders (Van Daele being the lead) are constructing the Skyview Park, which will require electrical power for items such as lights, irrigation meter, etc. Section 2. To complete the installation of electrical facilities associated with the Skyview Park, it is necessary for Southern California Edison (SCE) to obtain an easement within the park site, which is City-owned property (Assessor's Parcel Number 964-460-002), from the City of Temecula. Said property is located at the northeast ' corner of the City-own parcel (Lot 2 of Tract Map No.29353-2). Section 3. SCE has determined that three strips of land on the northeast side of the park parcel are necessary in order to connect the proposed underground conduit system to existing SCE facilities. Section 4. The City of Temecula hereby desires to grant to the Southern California Edison Company a Grant of Easement to construct and maintain underground facilities as described in the Grant of Easement. Section 5. Based on the findings made in this Resolution, the City Council of the City of Temecula hereby approves a Grant of Easement to the Southern California Edison Company as identified on the Grant of Easement attached hereto. Section 6. That upon the adoption of the resolution, the City Clerk is directed to file in the Office of the County Recorder a certified copy of said resolution. Resos 16-59 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of October, 2016. Michael S. Naggar, Mayor ATTEST- ___v Ra , ity Clerk [SEAL] Resos 16-59 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of October, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 16-59 3 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn:Title and Real Estate Services SPACE ABOVE THIS LINE FOR RECORDER'S USE SCE.Doc.No. GRANT OF DOCUMENTARY TRANSFER TAX S NONE EASEMENT VALUE AND CONSIDERATION LESS THAN 8100.00) Wddomar TD 1160346 SCE Company FIM 505-1740- $IG.OF DECIFRANT OR AGENT NAME DETERMINING TAX FIRM NE Art+ 964-460-002 REAL PROPERT iS DEPARTMENT SLSIBT 08/27/2016 CITY OF TEMECULA, a municipal corporation, (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as"Grantee"), an easement and right of way to construct, use, maintain, operate, alter,add to,repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data andlor communications (eg, through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Riverside,State of California,described as follows: VARIOUS STRIPS OF LAND LYING WITHIN LOT 2 OF TRACT NO. 29353-2, AS PER MAP FILED IN BOOK 342, PAGES 73 THROUGH 85 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP#1 (10.00 FEET WIDE) COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 2, SOUTH 72°43'38" EAST 226.06 FEET TO THE BEGINNING OF A TANGENT CURVE IN THE NORTHERLY LINE OF SAID LOT 2, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 3055.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°11'33" AN ARC DISTANCE OF 116.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 15°04'49" WEST 9.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; TIIENCE CONTINUING SOUTH 15°04'49" WEST 6.38 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHERLY IN THE NORTHERLY LINE OF SAID LOT 2. STRIP#2 (6.00 FEET WIDE) BEGINNING AT SAID POINT "A"; THENCE SOUTH 31°42'51" EAST 8.79 FEET; THENCE SOUTH 74°55'11" 1 EAST 4.44 FEET; THENCE NORTH 58'17'09"EAST 5.93 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP#1 DESCRIBED HEREINABOVE. STRIP#3 (6.00 FEET WIDE) BEGINNING AT SAID POINT "A'; THENCE NORTH 86°39'45" WEST 9.17 FEET; THENCE NORTH 70°32'54" WEST 14.00 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP#1 DESCRIBED HEREINABOVE. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in,on,over,under,across,and along the Grantor(s)property. This legal description was prepared pursuant to Sec. 8730(c)of the Business&Professions Code. Grantor further grants,bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees,shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted;provided,however,that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. 2 DSE80153644 TD 116034 EXECUTED this day of 120 . GRANTOR CITY OF TEMECULA, a municipal corporation Signature Print Name Tide A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ) On before me, a Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 3 DSE80153644t TD 116034( EXECUTED this day of 120 . GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ) On before me, ,a Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 4 DSE80153644E TD 116034( Poc STRIP #1 ^ \ 1/0 �I.ljT N S?2. \ 4D - 3 - \ 226.06 _ \ TPOB STRIP #1 6�61 03, PT. "A" STRIP #3 I O 6' WIDE STRIP 1 LOT 2 10' WIDE / TRACT NO. 29353-2 STRIP #2 / M.B. 342 / 73-85 6 WIDE ry l r'ti � V r Ii SCE EASEMENT / 1 DSE801536446 TD1160346 � SLS BT 08/27/16