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HomeMy WebLinkAbout01-047 CC ResolutionRESOLUTION NO. 01-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD PURPOSES FOR WESTERN BYPASS CORRIDOR AND FRONT STREET AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 28627, PA97-0307, BUT NOT ACCEPTING STREETS INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: City Staff has established the requirement for dedication of right of way for street improvements per Conditions of Approval for Tentative Parcel Map No. 28627, PA97-0307, approved on May 9, 2000, as follows: 1. 88 feet of full width street right of way for Western Bypass Corridor improvements 2. 78 feet of full width street right of way for Front Street improvements 12 feet of additional right of way for Western Bypass Corridor above and beyond the proposed 88 feet of right of way to allow for a second left-turn pocket into the proposed development on Tentative Parcel Map No. 28627-1; The project applicant's appeal of Condition of Approval No. 27 was denied by the City Council; The developer submitted an offer of dedication for road purposes dedicating right of way for public street and utility purposes for Western Bypass Corridor and Front Street; Acceptance of this offer of dedication does not obligate the City to assume responsibility, nor incur liability with respect to the offer of dedication until the subject streets have been accepted into the city maintained street system by separate resolution. WHEREAS, The City Council of the City of Temecula hereby desires to accept for recordation the offer of dedication for road purposes by Great Western Mortgage as attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts for recordation the offer of dedication for road purposes by Great Western Mortgage, for Western Bypass Corridor and Front Street, but not into the City Maintained Street System at this time. R:/Resos2001/Resos 01-47 1 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of June, 2001. ATTEST: ~Susan '. Jon s, C~lC ~.City CI k [SEAL] ,l-eft Comerchero, Mayor 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. 01-47 was duly and regularly adopted by the City Council of the City of th Temecula at a regular meeting thereof held on the 12 day of June, 2001, by the following vote: AYES: 3 COUNCILMEMBERS: Naggar, Roberts, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Pratt ABSTAIN: 1 COUNCILMEMBERS: Stone R:/Resos2001/Resos 01-47 2 I EXEMPT RECORDING REQUESTED BY City of Temecula PER Gov'r CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033, 43200 Business park Dr. Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula P O Box 9033, 43200 Business Park Dr. Temecula, CA 92589-9033 OFFER OF DEDICATION - ROAD PURPOSES (Corporation) The undersigned, being the present title owner(s) of record of the herein described pamel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for public street and utility purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibits "A", "B", "C", and "D" attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered pamel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITSI~SS~ THEREOF, these ~re~uts ha'~e executed this inslrument this ! '._dD-tX-~'N day of '~.d~r. rO.~ .2001 STATE OF CALIFORNIA } SS. / ~/J~ln aJ,~"~Tand Ti,l e Sa~mu'el J. Kahn, President CO..Lrl~rrY OF RIVERS[DE}_ On[~3~.(3/X.[:_~t-¥1[ ~_il,lj~l . before me the undersigned, ~, ' a N°tary Public in and for the State of California, personally appeared ~fll"~Ll~'. ~'q~k~%: .,'~J~(JM3 %"LJI~ versonally known to me (or pr_oved to me on the basi!of satisfactory e.vidence)to be ~,.g~erson~"whose name.0f~r~-subseribed to the within ,.u~munent and acknowledged to me tha(.h~.':a/~ay executed the same in~r-,q~ir authorized capacity(i~, and that by ~e. r4t~ir signature.00'6n the instrument the person.(.*~, or the entity upon b~half of which the person,(F)'acted, executed the instrument. WITNESS my hand and official seal. CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION OF OFFER OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Offer of Dedication for Road Purposes, dedicated to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on June 121 2001 with the understanding that the City of Temecula shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the real property or any improvements thereon or therein untie the City Council has accepted these improvements into the City maintained street system by a separate resolution. City of Temecula By: Jeff Comerchero, Mayor ATTEST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By:. Peter M. Thorson, City Attorney Forms~Acceptance Ced for Offer of Dedication EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD EASEMENT PARCEL"A" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 48°19'13'' WEST, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83o21 '12" WEST; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°36'09'', AN ARC DISTANCE OF 149.68 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 78o02'39'' WEST A DISTANCE OF 78.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 539.00 FEET AND TO WHICH A RADIAL BEARS SOUTH 78°02'39'' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°36'09'', AN ARC DISTANCE OF 175.00 FEET; THENCE NORTH 35001 '36" WEST ON A NON-TANGENT LINE, A DISTANCE OF 40.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01040'07'' EAST SAID CURVE BEING THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR COURSES: EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°16'15'', AN ARC . DISTANCE OF 69.55 FEET; SOUTH 15°39'27'' EAST ON A NON-TANGENT LINE, A DISTANCE OF 6.44 FEET; NORTH 59°39'01'' EAST, A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07°42'41" EAST; EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03o54'49'', AN ARC DISTANCE OF 51.64 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.368 ACRES, MORE OR LESS. SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD EASEMENT PARCEL "B" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 01°15'21" EAST, A DISTANCE OF 34.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 844.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01°15'21'' WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°59'53'', AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 82°44'46'' WEST, A DISTANCE OF 92.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID WESTERLY LINE SOUTH 07°15'14'' EAST, A DISTANCE OF 88.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 82°44'46" EAST, A DISTANCE OF 92.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°59'53", AN ARC DISTANCE OF 79.14 FEET TO A POINT ON SAID EASTERLY LINE; THENCE ALONG SAID EASTERLY LINE NORTH 01°15'21'' WEST ON A NON-TANGENT LINE, A DISTANCE OF 88.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.356 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCELS ARE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO Al CE MADE A PART HEREOF. ,~I~A LD~'~ R.C.E. 20508 EXP. 9-30-01 FEREN~ SHEET 2 OF 2 EXHIBIT "B" / P.O.B. N ~1'37'30"E (R) 48' 19' 13"E .01' N 83'21'12"W (R) O' 80' SCALE: 1" = 80, 78°02'39"E 78.00' t60' N ~'i/ ~ ~ ~- - ~INE DATA .,// [~ N 35° 01'36"W 40.01' / N 15°.39' 27"W 6.44' N 59"39'01"E 9.69' N 0~? 15'2:I"W(R 88.00' N 01" 15'2'1"W 34.87' CITY OF TEMECULA, CALIFORNIA I THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN TH/ SHEET ~. OF ~. J W. O. ATTACHED DOCUMENT. IT IS NOT A PART OF THE: WRI'[TEN DESCRIPTION THEREIN. SCALE: ~." = 80' DRAWN BY: HAL DATE: ,JAN 1999 SUBJECT: EXH:IBZT FOR ROAD EASEHENT 79 ,SOUTH TEMECULA SITE HAf~Afl:I TA RIVEFI TEIVECUI_A CREEK VICINITY MAP EXHIBIT "C" LEGAL DESCRIPTION PARCEL "C" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433, OF RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 01°15'21'' EAST, A DISTANCE OF 34.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 844.00 FEET AND TO WHICH A RADIAL BEARS 'NORTH 01 °15'21" WEST; THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°59'53'', AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 82044'46'' WEST, A DISTANCE OF 92.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID WESTERLY LINE NORTH 07°15'14'' WEST, A DISTANCE OF 2.86 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL "A" NORTH 74°20'39'' EAST, A DISTANCE OF 186.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.072 ACRES, MORE OR LESS. SEE EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERETO. R.C.E. 20508 Exp 9.30-01 ]"~j) EXP. 9-30-01 ~y' 26003 SHEET 1 OF 1 EXHIBIT "D" P.0.B. PARCEL 'C' l, I ., I O / / / / / / / / / / No. 20508 Exp. 9-30-01 BO' SCALE: ~. · = 80 · C!TY OF TEMECULA, C^L!FORNIA THIS PLAT IS SOLELY AN AID IN LOCATINO THE PARCEL(S) DESCRIBED IN THE SHEET I OF 1 W.O. ATTACHED DOCUMENT, IT IS NOT A PART OF THE I~RITTEN DESCRIPTION THEREIN. SCALE: l" =.S0' DRAWN BY: HAL DATE: dAN Jggg SUBJECT: LEGAL DESCRIPTION ~.60'