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Home My WebLink About02-101 CC ResolutionRESOLUTION NO. 02-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A DRAINAGE EASEMENT WITHIN PARCEL 4 OF PARCEL MAP NO. 13889 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: The road improvements on Via El Delora were designed to drain at a Iow point in front of Parcel 4 of Parcel Map No. 13889 necessitating the construction of an asphalt concrete over side drain and related improvements; B. Such drainage improvements require a 20-foot long by 10-foot wide drainage easement; .C. The owner, The Legacy Group, Inc. submitted an offer of dedication for a drainage easement that is consistent with the proposed drainage improvements location; D. Acceptance of the easement deed serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to accept the drainage easement by The Legacy Group, Inc. as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the offer of dedication of the drainage easement by The Legacy Group, Inc. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of November, 2002. ATTEST: R:/Resos 2002/Resos 02-101 1 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. 02-101 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of November, 2002 by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero Naggar, Pratt, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2002/Resos 02-101 2 RECORDING REQUESTED BY: City of Temscula, Ca~ornis AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE DRAINAGE EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT .TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE, ASSESSOR'S PARCEL NO. 945-080-012 PROJECT NO. THE nEGACY GROUP, ]'NC. , as Co-Trustees of the ,hereinafter designated GRANTORS, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual DRAINAGE EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a drainage system including any and all structures and appurtances incidental thereto designed to convey stormwater runoff through the pmparty of the GRANTORS, together with the right to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and mede subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: LEGAL DESCRIPTION Parcel Map 13889 Lot 4 County of Riverside as recorded in Book 77 pages 98 & 99. · (See exhibits - "A" & "B' attached and Incorporated herein by this reference as sat forth in full) The GRANTORS shall not construct buildings or structures, Install trees or buShes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of.way by the GRANTEE, its successcre or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE, The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or o~her obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a right-of.entry upon the property of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in ~ repair the above described works of improvement. There is reserved to the GRANTORS, their successors and assigns, the right and privilege to use the above described land of the GRANTORS at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTORS for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS WHEREOF, the GRANTORS have executed this instrument this 29th day of May ,2002. GRANTORS: THE LEGACY GROUP, INC. Lawrence L. Slusser (print name here) President (title of signatory) ('g here) Carma M. Slusser (print name here) Vice President (title of signatory) (All OWNERS must sign) (Proper notadal acknowledgment of execution by OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that off'met to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of j{~{ V~:~"~ ( O~ .~ ss. On Date pemonally appeared Name(s) ~ ~;~[5-emonally known to me [] proved to me on the basis of satisfactory evidence to be the pemon(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(les), and that by his/her/their signature(s) on the instrument the pemon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to lemons relying on the document and could prevent fraudulent removal and reattachment of this fearn to enother dccument. Description of Attached D~m~e_nt . T~e or Type of Document: Document Date: ~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual -Et~Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: '-~/'~- ~ V ~"t.~ ~ Top of thun~b here EXHIBIT "A" - DESCRIPTION A t0.00 FOOT WIDE EASEMENT FOR DRAINAGE PURPOSES IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA OVER AND ACROSS A PORTION OF PARCEL 4 OF PARCEL MAP 13889 AS PER MAP FILED IN BOOK 77, PAGES 98 THROUGH 99 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTER LINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT COURSE LABELED AS NORTH 80°tt'16' WEST 50.00 FEET, AS SHOWN ON SAID MAP, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF VIA EL DELORA; THENCE SOUTH 09°48'44'' WEST 20.00 FEET. ALL AS SHOWN ON EXHIBIT "B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID EASEMENT CONTAINING 200 SQUARE FEET, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD, IF ANY. ALAN R. SHORT, R.C.E. 30873 REGISTRATION EXPIRES: 3131/2004 DATE: ~,~?'~6P.O.B. PROPOSED DRAINAGE EASEMENT CONTNNING 200 SQ. FT. Lagml! HIlls, CA 92663 le4el 58e-83oo FAX (949) 586-6687 .N. AN R. P.E. EXHIBIT "B" RCE 30873 EXP. 3-31-04 6/].l~/02 SHEET 1 OF !