HomeMy WebLinkAbout99-083 CC ResolutionRESOLUTION NO. 99-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF EASEMENT FOR
SLOPE PURPOSES ON THE NORTH SIDE OF RANCHO
CALIFORNIA ROAD AT TOWER PLAZA FOR THE WIDENING
OF THE ROAD.
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 a slope on the northerly side of Rancho California
Road adjacent to the property known as "Tower Plaza Building".
WHEREAS, The legal description for the easement off Rancho California Road as
set forth and depicted in Exhibit "B", attached hereto;
WHEREAS, the City desires to accept the grants of easement to construct and
maintain that portion of the slope adjacent to the property know as "Tower Plaza Building";
NOW, THEREF(~RE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts an Easement for slope purposes, as offered by Arden Realty Limited
Partnership, in substantially the form attached hereto as Attachment "A", 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 ? 7~
City Council of City of Temecula at
a regular meeting held on the 10th day of August 1999.
Steven J. Ford
Mayor
ATTEST:
Jo ,r a
R:Resos 99-83 1
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. 99-83 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 10th day of August, 1999, by the following
vote:
AYES: 4
COUNCILMEMBERS:
Comerchero, Roberts, Stone, Ford
NOES: 0
COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Lindemans
Susar W Jo es CMCAAE
R:Resos 99-83 2
ATTACHMENT "A"
EXEMPT RECODRDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Temecula
P.O. Box 9033, 43200 Business Park Dr.
Temecula. California 92589-9033
(Above Space For Recorder's Use Only)
SLOPE EASEMENT
THIS SLOPE EASEMENT is made this day of July, 1999, by and
between ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited
partnership ("Grantor"), and CITY OF TEMECULA, a political subdivision of
the State of California ("Grantee").
RECITALS
A. Grantor owns certain real property located in the City of Temecula,
County of Riverside, State of California (the "Property"), which is more
particularly described on Exhibit "A" attached hereto.
B. Grantee has requested that Grantor provide an easement for slope
and landscaping purposes over a portion of the Property, and Grantor is willing to
provide such an easement, all as more particularly set forth herein.
AGREEMENT
NOW THEREFORE, incorporating and in consideration of the fbregoing
recitals. and for other good and valuable consideration. the receipt and sufficiency
of which are hereby acknowledged, the parties hereto hereby agree as follows.
1. Easement. Grantor hereby grants to Grantee, and Grantee hereby
accepts from Grantor, a non-exclusive, perpetual easement (the "Easement") on
the portion of the Property depicted and more particularly described on
Exhibit "B" hereto ("Easement Area") for the purpose ofconstructing~
maintaining, repairing and replacing, a slope in accordance with the plans and
specifications therefor that are listed on Exhibit "C" ("Plans") at Grantee's sole
expense and without any liability whatsoever to Grantor. In addition. Grantee
shall have the right to install. maintain, replace and remove landscaping and
related irrigation equipment within the Easement Area; provided. however, that in
no event shall any such landscaping or irrigation equipment interfere with or
obstruct or obscure the visibility of the monument sign in the northeast corner of
the Property ("Sign") in any way whatsoever. Grantee hereby agrees to conduct
any work in. on or about the Easement Area in compliance with all applicable
~1-
[Arden-Tower Plazal
Arden-'Femeeula Tower Plaza-Slope Easement/07-07-99/asb
lax~s and fi.n'ther agrees to indemnil\,. dellrod and hold Grantor harmless fi'om and
against any loss. cost. damage. claim or liabilitv resultin,.z, ti'om the use of the
l!asement Area. including. without limitation. any mechXnics' liens or
materiahnens' liens resulting fi'om ('kantee's activities with respect thereto.
2. Notice. Betbre commencing any work v,'ith respect to the slope.
(irantee shall provide Grantor with prior written notice thereof of not less than
sixty (60) days, together with a reasonable estimate of the scope and duration of
the work to be pertbrmed. Grantee shall perfbrm or cause to be performed all
construction. installation and maintenance on the Easement Area in a manner that
minimizes interfi~rence with the use and operation of the balance of the Property.
3. Maintenance. Grantor shall have the right. from time to time and
at its sole expense and with notice of not less than two (2) business days (except
in the evem of an emergency which shall not require notice), to trim or maintain
all or any part of the landscaping on the Easement Area tBr the purpose of
maintaining the visibility of the Sign and/or the appearance of the Easement Area
and its consistency with the balance of the Property; provided, however, that no
such activities of Grantor shall relieve Grantee of any of its obligations hereunder
or subject Grantee to any liability xvhatsoever.
4. Terrnination. The F-asement shall automatically terminate upon
termination of the use thereof tbr slope purposes or. if any part of the Easement
Area is not used ti'~r slope purposes. ther~ the Easernent shall terminate with
respect to that portion of the Easement Area. Graritee hereby cover~ants and
agrees to execute and cause to be recorded in the Oflicial Records of Riverside
('ounty. Cali/brnia. st.~ch documents as may be reasonably necessary to evidence
the termination or partial termiriation of the Easement.
5. Successors. The terms and conditions of this instrument shall run
with and bind the Property and shall inure to the benefit of and shall be binding
upon (_iraritor and Grantee and their respective successors.
6. Modification. This inslrun~cnt may only be modified by a written
instrument that is recorded in the Official Records of Riverside County.
Calilbrnia.
7. Counterparts. This instrument may he executed in one or more
counterparts. each of xvhich shall be deemed an original. and all of which together
shall constitute a single instrument.
IArdcn- I'mvet I'lazal
\l dell- I clnccul:l Iox~ cr I'l;I/;i-Y, lc}pc I':asclllclll ,I.c (17-l17-99'ash
IN WITNESS WHEREOF. the parties have caused this instrument to be
executed as of the day and year first above wrinen.
"GRAN'FOR"
ARDEN REALTY LIMITED PARTNERSHIP.
a Maryland limited partnership
By: A REALTY. I .,
a nd corpor' on
and COO
IBtsY:: '~J. Sobel
Exec. V.P. ano Assistant Secretary
"GRAN'FEE"
CITY OF TEM A. a political subdivision
By. - ~d,ti~av~
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
By:
Peter M. '['horson. City' Attorney
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IArden-l'owcr Plazal
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S'FATE OF dtltlFof~l/A..
I ss.
On ~ /4/~ ? . betbre me. PI~:Z4N:t~ ~rl~t'~- . a Notary Public in
and ibr sai~state. personally appeared I/'/tST~'~-a:-e~.F.~l,q ,~~ersonally knov.;n to me (or
proved to me on the basis oi'satisti~ctory evidence) to bZ the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity. and that by his signature on the instrument, the person. or the entity upon behalf of
which the person acted. executed the instrument.
STA'FE OF
) ss.
COLJNTY OF
()n . belbre me. . a Notary Public in
and tbr said state, personally appeared . personally known to me (or
proved to me on the basis of satisthctory evidence) to be the person whose name is subscribed to
the will'tin instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument. the person. or the entity upon behalf of
which the person acted. executed the instrument.
WITNESS my hand and official seal.
Notary Public in and lbr said State
IArdcn- ['rover Plazal
.'\IdOl1~ I ClllCCtlJa I'OV~Cr J:lil/il-hl,.~pC I'-ilY, CIIICIIIdDC 1J7-1)7-99. s '~
k;'fATE OF
~ ss.
~.'OLIN'FY OF
I)la . be/Bre me, . a Notary Public in
and lbr said state. personall3, appeared , personally known to me (or
proved to me on the basis of satist~.ctorv evidence'} to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity. and that by his signature on the instrument. the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS mv hand and official seal.
Notary Public in and for said State
.";'FA'FE OF )
) ss.
C()[INTY ()F )
()n ___ . belbre me, ~ . a Notary Public in
and tbr said state. personally appeared , personally known to me (or
proved to me on the basis of satisfiactory evidence) to be the person whose name is subscribed to
the within irmtrument and acknowledged to me that he executed the same in his authorized
capacity. and that by his signature on the instrument. the person, or the entitv upon behalf of
~hich the person acted, executed the instrument.
WITNESS mv hand and official seal.
Notary Public in and for said State
%'I'..\TE ()F
('O~'NTY OF )
()n , befbre me. . a Notary Public in
m~d Ibr said state. personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the xvithin instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in mid tbr said State
I.\rdcn-'l'm~'cr PlazaJ
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3706135
EXHIBIT "A"
Parcel
Those portions of Parcels 9. 10. 11 and 12 of Parcel Map 17454, m the City of Temecula.
County of Riverside, State of California, as per map recorded m Book 114, page(s) 4 to 9.
inclusive. of Pan:el Maps, in the office of the County Recorder of said County, described
as follows:
B<:ginning at a angle point in the Southeasterly line of Parcel 11. being the Southwesterly
terminus of a course shown as 'North 70o 05' 21" East 210.13 feet" on said Parcel Map;
thence South 69o 52' 40" West, 142.73 feet;
thence SoUth 24o 50' 48' West. 69.25 feet;
thence South 69° 50' 48" West, 167.73 feet to the non-tangent mmrsection with a curve in
the Southwesterly tine of said paxeel concave Northeasu:rly and having a radius of 1,500 00
feet, a radial hne of said curve from said point bears North 63° 11' 20" East;
thence along the boundary lines of Parcels 9, i1 and 12 through the followLag courses:
along said curve Southeasterly 504.07 feet through a central angle of 19o 15' 15"
thence tangent from said curve South 460 03' 55" East. 42.34 feet to the beg~nin_g of a
~gent curve concave Northerly and having a radius of 50.00 feet;
thence along said curve F~a~terly 68.25 feet through a central angle of 780 12' 49";
thence tangent from said curve North 550 43' 16". East, 182.03 feet m the Southeasterly
comer of the parcel designated "Revised I-~gal Descriprion for Parcel 12" in Lot Line
Adjustment 3016 recorded February 15. 1990 as Instrument No. 58242, Official Recorcts;
thence leaving said boundary line, along the Easterly line of said parcel designated "Revised
Legal DescnpUon of Parcel 12" through the following courses:
North 14o 53' 49" West, 323.65 feet to an angle point therein;
thence North 19o 51' 01' West, 228.20 feet to said Southeasterly line of Paxeel 11;
thence leaving said Easterly line, along said Southeasterly line South 70,: 05' 21" West,
64.31 feet to the Point of lkgLrming.
Pursuant to Lot Line Adjusn'n~nt No. 97-0096 Tower Plaza, ~hown therein as Parcel "D" .
recordetl November 26, 1997 as Instrument No. 436510, Official Records.
parcel B:
That portion of Parcel 10 of Parcel Map 17454. in th~ City of Temecula. County of
Riverside, State of California. as per map recorded in Book 114, page(s) 4 to 9, mclusive.
of Parcel Maps, m the office of the COunty Recorder of said County. and also being those
portions of Revised Parcels 10 and 12, recorded April 7. 1988 as/.nstrument No. 92377.
Official Rccc~rds. being more particularly described as follows:
Beginrang at the most Northerly corner of said Revised Parcel 10, also being a point on the
Westerly right of way lines of Ynez Road. being a curve concave Northeasterly and having
a radius of 2044.00 feet as shown by Parcel Map 17454:
~.LTA Owltr's Policy Form B - 1970 (Rev. I0.-17-70)
3706135
thence Southeasterly along said curve and right of way line through a central angle of 00°
30' 31", an arc length of 18.15 feet;
thence South 70° 08' 16' Wes~ and departing said right of way line 213.89 feet;
thexr~
thence
I0;
thence
having
thence
thence
North 85° 25' 25" West, 35.17 feet;
South 70° 05' 21" West, 89.54 feet;
North 19° 51' 01" West, 23.80 feet to a potat on the Northerly llne of said Parcel
North 70° 05' 21" East, 145.79 feet;
Sou~h 19° 51' 15' East, 11.60 feet to a point on a curve concave Northeasterly and
a radius of 8.80 feet;
Southeasterly thxough a central angle of 90° 00' 29", an are length of 13.82 feet:
North 70° 08' 16" East, 178.55 feet to tl~ Point of Beginning.
Parcel C:
Easements for access, ingress, egress, parking, pedestrian traffic, utility installation,
maintenance and repair over the common area af contaix~ in those certain Covenants, .
Conditions and Restrictions r~corded September 21, 1977 as Insu'tm~nt No. 177439, and as
amentied April 20, 1985 as Insmunent No. 67767 and May 30, 1996 as Instrument No.
200961, Official Records..
ALTA C)w~er's Policy Form B - 1970 (Rrv. 10-t7-70}
EXHIBIT "B"
SLOPE EASEMENT
The southeasterly 20.00' of the following described parcel:
Those portions of Parcels 9, 10, 11 and 12 of Parcel Map 17454, in the City of Temecula,
County of Riverside, State of California, as per map recorded in Book 114, Pages 4 to 9,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Beginning at a angle point in the southeasterly line of Parcel 1 I, being the southwesterly
terminus of a course shown as "North 70° 05' 21" East 210.13 feet" on said Parcel Map;
Thence South 69° 52' 40" West, 142.73 feet; Thence South 24° 50' 48" West, 69.25 feet;
Thence South 69° 50' 48" West, 167.73 feet to the non-tangent intersection with a curve
in the southwesterly line of said parcel concave northeasterly and having a radius of
1,500.00 feet, a radial line of said curve from said point bears North 63° 11' 20" East;
Thence along the boundary lines of Parcels 9, 11 and 12 through the following courses:
Along said curve southeasterly 504.07 feet through a central angle of 19° 15' 15"'
Thence tangent from said curve South 46° 03' 55" East, 42.34 feet to the beginning of a
tangent curve concave northerly and having a radius of 50.00 feet; Thence along said
curve easterly 68.25 feet through a central angle of 78° 12' 49"', Thence tangent from
said curve North 55° 43' 16" East, 182.03 feet to the southeasterly comer of the parcel
designated "Revised Legal Description for Parcel 12" in Lot Line Adjustment 3016
recorded February 15, 1990 as Instrument No. 58242, Official Records; Thence leaving
said boundary line, along the easterly line of said parcel designated "Revised Legal
Description of Parcel 12" through the following courses:
North 14° 53' 49" West, 323.65 feet to an angle point therein; Thence North 19° 51' 01 "
West, 228.20 feet to said southeasterly line of Parcel 1 !; Thence leaving said easterly
line, along said southeasterly line South 70° 05' 21" West, 64.31 feet to the Point of
Beginning.
Said land is described pursuant to Lot Line Adjustment No. 97-0096 Tower Plaza, shown
therein as Parcel "D", recorded November 26, 1997 as Instrument No. 436510, Official
Records.
APN 921-027-54
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EXHIBIT "B"
SLOPE EASEMENT
The southeasterly 20.00' of the following described parcel:
Those portions of Parcels 9, 10, 11 and 12 of Parcel Map 17454, in the City of Temecula,
County of Riverside, State of California, as per map recorded in Book 114, Pages 4 to 9,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Beginning at a angle point in the southeasterly line of Parcel 11, being the southwesterly
terminus of a course shown as "North 70° 05' 21" East 210.13 feet" on said Parcel Map;
Thence South 69° 52' 40" West, 142.73 feet; Thence South 24° 50' 48" West, 69.25 feet;
Thence South 69° 50' 48" West, 167.73 feet to the non-tangent intersection with a curve
in the southwesterly line of said parcel concave northeasterly and having a radius of
1,500.00 feet, a radial line of said curve ~'om said point bears North 63° 11' 20" East;
Thence along the boundary lines of Parcels 9, I ! and 12 through the following courses:
Along said curve southeasterly 504.07 feet through a central angle of 19° 15' 15";
Thence tangent from said curve South 46° 03' 55" East, 42.34 feet to the beginning of a
tangent curve concave northerly and having a radius of 50.00 feet; Thence along said
curve easterly 68.25 feet through a central angle of 78° 12' 49"; Thence tangent from.
said curve North 55° 43' 16" East, 182.03 feet to the southeasterly corner of the parcel
designated "Revised Legal Description for Parcel 12" in Lot Line Adjustment 3016
recorded February 15, 1990 as Instrument No. 58242, Official Records; Thence leaving
said boundary line, along the easterly line of said parcel designated "Revised Legal
Description of Parcel 12" through the following courses:
North 14° 53' 49" West, 323.65 feet to an angle point therein; Thence North 19° 51' 01"
West, 228.20 feet to said southeasterly line of Parcel 11; Thence leaving said easterly
line, along said southeasterly line South 70° 05' 21" West, 64.31 feet to the Point of
Beginning.
Said land is described pursuant to Lot Line Adjustment No. 97-0096 Tower Plaza, shown
therein as Parcel "D", recorded November 26, 1997 as Instrument No. 436510, Official
Records.
APN 921-027-54