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HomeMy WebLinkAbout99-069 CC ResolutionRESOLUTION NO. 99-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE PURPOSES, FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE PROMENADE MALL PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The property owners as shown in Exhibit "B" have granted an easement to the City of Temecula for the purpose of the installation and maintenance of traffic signal equipment on southerly side of Winchester Road between Ynez Road and Margadta Road on a private street easement. WHEREAS, The legal description for the easement off Winchester Road as set forth and depicted in Exhibit "A", attached hereto; WHEREAS, the City desires to accept the grants of easement to construct and maintain that portion of the traffic signal facilities located within the driveway; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts Easement Deed for Traffic Signal Maintenance purposes, as offered by Sears, Roebuck and Company, in substantially the form attached hereto as Exhibits "A" and "B", for the purposes stated therein, but not for street or other maintenance purposes at this time. The City Engineer is hereby authorized to make minor modifications to the legal descriptions on said documents. PASSED, APPROVED, AND ADOPTED, by the City Council of the Temecula at a regular meeting held on the 13th day of July 1999. · ~,Mayor ATTEST: Susan W. Jones, CMC k [SEAL] R: Resos\99-69 I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-69 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of July, 1999, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchem, Lindemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W MC rk R:Resos\99-69 2 EXEMPT RECORDING REQUESTED BY Cfiy of Temecula PER GOV'T COD~. 6103 AND WHEP; RECORDED MAIL TO of Temecula - Cily Clerk Box 9033. 43200 Business Park Dr. emecula. CA 92589-9033 · atlL TAX STATEMENTS TO City of Temecula P O Box 9033. 43200 Business Park Dr. Temecula. CA 92589-9033 EASEMENT DEED - TRAFFIC SIGNAL EQUIPMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEARS, ROEBUCK AND C0. GRANT(S) to the CITY OF TEMECULA, a political subdivision, an easement for traffic signal equipment, including the construction and maintenance over, upon, across, and within real property in the City of Temecula, State of California, described as: See Attached Exhibits - For Complete Description IN WITNESS THEREOF, these presents have executed this instrument this /q'~"' day of March , 19 qq STATE OF ¢~L~I~A } SS. COUNTY OF R.'VERSIDE} COOK ~ ~,,,A~vr~ / q, / ~ 9 9 , before me the undersigned, ~lotary Public in and for the State of California, personally appeared in his/her/their authorized capacity(tea), 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. WITNESS my hand and official seal. · SHIRLEY M. MALPEDE Real Estate Print Name and Title ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby accepts the grant of real property as set forth above. CITY OF TEMECULA ATTEgT: By: Steven J. Ford. Mayor BY: Susan W. Jones, CMC City Clerk PROVED AS TO FORM: BY: Peter M. Thorson. City Attorney EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR THE MAINTENANCE OF TRAFFIC SIGNALS OVER A PORTION OF PARCEL 5 OF PARCEL MAP NO. 28530-1 FILED IN BOOK ~92, PAGES 38 THROUGH z~6 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT COMMON TO LOT "A", PARCEL 1 AND PARCEL 5 OF SAID PARCEL MAP, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS N 38°41 '38" W 93.33' PER SAID PARCEL MAP; THENCE SOUTH 38°41 '38" EAST A DISTANCE OF 25.00 FEET ALONG THE PARCEL LINE COMMON TO SAID PARCEL 1 AND SAID PARCEL 5 TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCENTRIC TO AND DISTANT 25.00 FEET SOUTHEASTERLY, MEASURED RADIALLY FROM THE SOUTHEASTERLY LINE OF SAID LOT "A", SAID CURVE HAVING A RADIUS OF 1908.00 FEET, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF SAID LAST MENTIONED CONCENTRIC CURVE, FROM A TANGENT BEARING OF NORTH 51 °18'23" EAST, THROUGH A CENTRAL ANGLE OF 1 °17'29" A DISTANCE OF 43.00 FEET TO A POINT IN THE PARCEL LINE OF SAID PARCEL 5; THENCE ALONG LAST MENTIONED LINE, SOUTH 38°41 '38" EAST A DISTANCE OF 67.85 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 293.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID LAST MENTIONED CURVE AND LAST MENTIONED LINE, THROUGH A CENTRAL ANGLE OF 6°17'16" A DISTANCE OF 32.15 FEET; THENCE RADIAL TO SAID LAST MENTIONED CURVE, SOUTH 57°35'38" WEST A DISTANCE OF 43.00 FEET TO A POINT IN THE PARCEL LINE COMMON TO SAID PARCEL I AND SAID PARCEL 5, ALSO BEING A POINT IN A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET; THENCE NORTHWESTERLy ALONG THE LAST MENTIONED PARCEL LINE, FROM A TANGENT BEARING OF NORTH 32°24'22" WEST, THROUGH A CENTRAL ANGLE OF 6°17'16'' ALONG THE ARC OF LAST MENTIONED CURVE A DISTANCE OF 27.44 FEET; THENCE ALONG THE LAST MENTIONED PARCEL LINE, NORTH 38°41 '38" WEST A DISTANCE OF 68.33 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,212 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B", ATTACHED. H:\HAVVTHO~ 1\EASEME~ 1 \ED\PARCEL_5.WPD March 9. 1998 (3:16pm) Pa~3e 1 EXHIBIT "B" PORTION OF PARCEL 5 PARCEL MAP 28530-1 / / / / / / / / / / SCALE: / / 1" = 40' CURVE DATA R=1908.00' A=1o17'29' L=43.00' T=21 . 50' R=293.00' A_-----.6o17,16- L=32.15' T=I 6.09' R=250.00' A-'6017' 16" L=27.44' T=I 3.73'