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HomeMy WebLinkAbout97-065 CC ResolutionRESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TF.31ECULA ACCEPTING CERTAIN OFFERS OF DEDICATION MADE TO THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING PERIMETER SLOPES/LANDSCAPING WITHIN TRACT NO. 23125-3 AND AUTHORIZING THE QUITCLAIM OF SAID MAINTENANCE AREAS TO THE TEMECULA COMMUNITY SERVICES DISTRICT. 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. The City of Temecula did not accept the easement over lot 77 and portions of lots 78 and 80 for slope and landscape maintenance purposes upon Final Map approval for Tract Map No. 23125-3; and, B. The Temecula Community Services District has determined that the subject slope and landscape maintenance areas have been improved to City standards; and, C. The Temecula Community Services District has requested that the City of Temecula accept the said offers of dedication as set forth above, and authorize the quitclaim of said offers to the Temecula Community Services District for inclusion into the existing TCSD Slope Maintenance Program for the Tradewinds Development beginning Fiscal Year 1997-98; Section 2. The City Council of the City of Temecula hereby accepts the offers of dedication and authorizes the quitclaim of said easement and lots to the Temecula Community Services District as follows: A. Pursuant to Government Code Section 66477.2(a), the City Council accepts the easements over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. B. These acceptances are not intended to create or vest any fee simple interest in favor of the City of Temecula or the Temecula Community Services District to the Subject Slope and landscape maintenance areas, but are solely for the express purpose of accepting R¢~d9745 I a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping with the boundaries of that certain real property as identified in Exhibits "A' and ~B~ attached hereto. C. If the Temecula Community Services District or its Governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, than 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 current owners of the respective underlying properties. Resolution. Section 3. The City Clerk shall certify to the passage and adoption of this PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of June, 1997. Patricia H. Birdsall, Mayor ATILT: Jun~re~, ~ '~' ~~~--~ CMC/A~E -- City Clerk [SEAL] Re~97~5 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97-65 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of June, 1997, by the following vote: AYES: 5 COUNCIL MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None e S. Greek, Ci~iAAE City Clerk Re~o~/97-65 3 EXHIBIT Accepting Fasements and lots offered for dedication to the City of Temecula for slope and landscape maintenance purposes as indicated on Tract Map No. 23125-3 described hereafter, and quitclalming all rights acquired by the City in these easements and lots to the Temecula Community Services District as described below: A Landscape Maintenance Easement offered to the City of Temecula, being all of Lot Number 77, and portions of Lot Numbers 78 and 80, of Tract No. 23125-3, f'ded February 28, 1995, in Book 242 of Maps, pages 39-49 inclusive. Reaoa/97-65 4