HomeMy WebLinkAbout00-016 CC ResolutionRESOLUTION NO. 2000-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE IRREVOCABLE OFFERS
OF DEDICATION FROM TEMECULA 344/AF XV, LTD.
FOR ACCESSING AND MAINTAINING CERTAIN
IRRIGATION EQUIPMENT ASSOCIATED WITH THE
LANDSCAPED MEDIAN ON RANCHO CALIFORNIA
ROAD, EAST OF MORAGA ROAD.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby find and determine as follows:
A. Temecula 344/AF XV, Ltd., A California Limited Partnership, by Van
Daele Development, its General Partner, has provided the City of Temecula with "Irrevocable
Offers to Dedicate" easement documents for the maintenance, operation and repair of irrigation
equipment located within the Portofino Apartment property, Tract No. 23304; and,
B. The Temecula Community Services District has accepted the
landscaped median improvements within Rancho California Road as complete; and,
C. The City Council is the authorized legislative body to accept the
offers of dedication for landscape improvements associated with raised landscape medians within
the City of Temecula.
Section 2. The City Council of the City of Temecu la hereby accepts the offer of said
irrevocable offers of dedication from Temecula 344/AF XV, Ltd. A California Limited Partnership,
by Van Daele Development, its General Partner, as follows:
A. That pursuant to Government Code Section 66477.2(a), the City
Council accepts the irrevocable offers of dedication for the irrigation equipment more particularly
described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by
reference.
B. That these acceptances are not intended to create or vest any fee
simple interest in favor of the City of Temecula to the subject maintenance areas, but are solely
for the express purpose of accepting a perpetual easement and right-of-way for maintaining,
operating, altering, repairing, and replacing equipment and landscaping within the boundaries of
that certain real property as identified in Exhibits "A" and "B" attached hereto.
C. That if the City of Temecula or its govemmental entity successors or
assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements,
then all or any of such easements may be terminated, abandoned and extinguished by appropriate
express action and thereafter, upon the giving and recording of notice to the interested parties,
maintenance of the slope and landscape areas shall become the responsibility of the then current
owners of the respective underlying properties.
R: Resos 2000-16 I
Section 3. The City Clerk shall certity to the passage and adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a
regular meeting held on the 22"d of February, 2000.
ATTEST:
· Jones.
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 2000-16 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 22"" day of February, 2000 by the following roll call vote:
AYES: 5
NOES: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Comerchero, Naggar, Pratt, Roberrs, Stone
None
None
Su nes, CMC/AAE
City Clerk
R: Resos 2000-16 1
Recorded at request of and return tu:
City Clerks Department
City of Temecula
P.O. Box 9033
mecula, CA 92589-9033
EXHIBIT A
RESOLUTION NO. 2000-16
. ,lEE RECORDING
This instrument is for the benefit of
the City of Temecula and is entitled
to be recorded without fee
(Govt. Code 6103).
Parcel: Tract 23304
Project: Portofino Apts.
IRREVOCABLE OFFER TO DEDICATE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Temecula 344/AF XV, Ltd. ("Grantor"),
hereby irrevocably offers to dedicate to the City of Temecula ("Grantee"), together with the right to further grant
or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing
and replacing irrigation equipment over and within the boundaries of that certain real property located in the City o
Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated
herein by this reference (the "Easement Area").
If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to
maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all
covenants and agreements of this easement extending to and becoming obligations of all heirs, executors,
administrators, successors and assigns of the GRANTOR.
Temecula 344/AF XV, Ltd., A California
Limited Partnership. by Van Daele Development
its ~ P ~
GRANTOR ~aPtrick j. Van Daele, President
November 18, 1999
DATED
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On ~{BJ- I~ ('~P;] before me, the undersigned, A Notary Public in and for the State of California, personall
appeared 't~'~cK ,~. V~ bcx~le. , personally known to me (or 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.
~ ~OMM. #1170225
NO~A Y PUBLIC-CALIFORNIA(}
IVERSIDE COUNTY
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed within the Irrevocable Offer to Dedicate dated from
to the City of Temecula, California, County of Riverside, State of California, a body corporate and
.litic, is hereby accepted by order of the City Council made on , and the grantee consents to the recordatio
=-reof by its duly authorized officer.
Date Susan W. Jones, CMC, City Clerk
EXHIBIT A
PORTIONS OF LOT I OF TRACT No. 23304 iN THE CITY OF TEMECULA, COUNTY OF
RIVERSIDE STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 222, PAGES 34 - 38 OF
MAPS, RECORDS OF SAID COUNTY, DESCPdBED AS FOLLOWS:
PARCEL 1
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, DISTANT
NORTHEASTERLY THEREON 602.75 FEET FROM THE MOST SOUTHWESTERLY CORNER OF
SAID LOT 1;
THENCE NORTH 36 DEGREES 16' 08" EAST, 36.77 FEET;
THENCE NORTH 81 DEGREES 16' 08" EAST, 68.49 FEET;
THENCE SOUTH 53 DEGREES 43' 52" EAST. 36.77 FEET TO A POiNT ON SAID
'SOUTHEASTERLY LINE;
THENCE SOUTH 81 DEGREES 16' 08" WEST, ALONG SAID SOUTHEASERLY LINE, 4.24 FEET;
THENCE NORTH 53 DEGREES 43' 52' WEST, 32.53 FEET;
THENCE SOUTH 81 DEGREES 16' 08" WEST, 66.00 FEET;
THENCE SOUTH 36 DEGREES 16' 08" WEST, 32.53 FEET TO A POINT ON SAID
SOUTHEASTERLY LINE;
THENCE SOUTH 81 DEGREES 16' 08" WEST, ALONG SAID SOUTHEASERLY LINE, 4.24 FEET
TO THE POINT OF BEGINNING, CONTAINING 409 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF.
PARCEL 2
BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, DISTANT
NORTHEASTERLY THEREON 1023.00 FEET FROM THE MOST SOUTHWESTERLY CORNER OF
SAID LOT I;
THENCE NORTH 08 DEGREES 43' 52" WEST, 9.00 FEET;
THENCE NORTH 81 DEGREES 16' 08" EAST, 85.00 FEET;
THENCE SOUTH 08 DEGREES 43' 52" EAST, 9.00 FEET TO A POINT ON SAID SOUTHEASTERLY
LINE;
THENCE SOUTH 81 DEGREES 16' 08" WEST, ALONG SAID SOUTHEASTERLY LINE, 85.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 765 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF.
RESOLUTION NO 2000-16
EXHIBIT A
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JOJ. 41
NO2'47'1J'?/ 25Z05'
Recorded at request of and return to:
City Clerks Department
City of Temecula
°.O. Box 9033
Femecula, CA 92589-9033
EXHIBIT B
RESOLUTION NO. 2000-16
FREE RECORDING
This instrument is for the benefit of
the City of Temecula and is entitled
to be recorded without fee
(Govt. Code 6103).
Parcel: Tract 23304
Project: Portofino Apts.
IRREVOCABLE OFFER TO DEDICATE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Temecula 344/AF XV, L~;d. ("Grantor''), hereby irrevocably offer
to dedicate to the City of Temecuia ("Grantee"), together with the right to further grant or transfer the same to others,
perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipmet
and landscaping over and within the boundaries of that certain real property Iotated in the City of Temecula, County c
Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (th
"Easement Area").
If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling t
maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenant
and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators
successors and assigns of the GRANTOR. Temecula 344/AF XV, Ltd., A California
Limited Partnership, by Van Daele Development
GRANTOR Patrick J. Van Daele, President
December 10, 1999
OATED
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On J~C. 101 Iqqq before me, the undersigned, A Notary Public in and for the State of California, personall,.
appeared P~.h.~cV, ~', ~tO.n b~El~. personally known to me (or proved to me on the basis of satisfactop
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tha
he/she/they executed the same in his/her/their authorized capacitylies), and that by he/she/they executed the same ir
his/her/their authorized capacitylies), and that by his/her/their signature(s) on the instrument the person(s), or the entib.
upon behalf of which the person(s) acted, executed the instrument.
CERTIFICATE OF ACCEPTANCE
WITNESS my hand and official seal.
Signature Z~l.,"J... 'P'J),~N"~/,~
0 '~ "A COMM. #1170225
This is to certify that the interest in real property conveyed within the Irrevocable Offer to Dedicate dated frorr
to the City of Temecula, Califomia, County of Riverside, State of California, a body corporate
and politic, is hereby accepted by order of the City Council made on , and the grantee consents to the
ecordation thereof by its duly authorized officer.
Date
Susan W. Jones, CMC, City Clerk
RESOLUTION NO. 2000-16
EXHIBIT ,8
A PORTION OF LOT 1 OF TRACT No. 23304 IN THE CITY OF TEMECULA, COUNTY OF
RIVERSIDE STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 222, PAGES 34 - 38 OF
MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1
A BEGINNING POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, DISTANT
NORTHEASTERLY THEREON 2 1.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID
LOT 1;
THENCE NORTH 08 DEGREES 45' 45" WEST, 20.00 FEET;
THENCE NORTH 81 DEGREES 16' 08" EAST, 37.00 FEET;
THENCE SOUTH 08 DEGREES 45' 45" EAST, 20.00 FEET TO A POINT ON SAID
SOUTHEASTERLY LINE;
THENCE SOUTH 81 DEGREES 16' 08" WEST, ALONG SAID SOUTHEASERLY LINE. 37.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 740 SQUARE FEET, MORE OR LESS, AS SHOWN
ON EXHIBIT B, ATTACHED HERETO AND MADE A PART HEREOF.
NO2'4T13"PV 257.06'
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