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HomeMy WebLinkAbout02-117 CC ResolutionRESOLUTION NO. 02-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR PECHANGA PARKWAY (FORMERLY PALA RD) AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PA01- 0521, BUT NOT ACCEPTING THAT PORTION OF STREET 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 24 feet of additional right-of-way along property frontage on Pala Road, now Pechanga Parkway, per the Conditions of Approval for PA01-0521; The developer, Acquiport/Amsdell III, LLC submitted an offer of dedication for road purposes dedicating an additional 24 feet of right-of-way for public street and utility purposes for Pala Road, now Pechanga Parkway; 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 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 the offer of dedication for road purposes by Acquiport/Amsdell Ill, LLC as attached hereto along with its Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the offer of dedication for road purposes by AcquiportJAmsdell III, LLC for Pala Road, now Pechanga Parkway, but not into the City Maintained Street System at this time. PASSED, APPROVED, AND ADOPTED, by the City Council~._ ~.. ~----°JJJ:~'C'LtV of Tem~.cula_~.._ ,,at · a regular meeting held on the 10th day of December, 2002. ~-~__..~ (~ ~ ~ v , ~ Ron Roberts, Mayor AT?'. ES : ~ R:/Resos 200?JResos 02-117 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. 02-117 was du y and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10~h day of December, 2002 by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2002/Resos 02-117 2 I City of Tmneeula PIER GOV'T CODE 6103 AND WHEN RECORDED MAn. TO ~ity orTem~ula. City Cled~ PO Box 9033 reme~ula, CA 92589-9033 MAIL TAX STATEMI~NTS TO City of Temecula PO Box 9033 Temeculn, CA 92589-9033 OFFER OF DEDICATION'- ROAD PURPOSES It i~ uncle~ood and agreed dmt the City of Temecula and ~ saoce~or~ nnd assigns ~hsll incur no liability wi~ ~ ~ ~ off~ of F on, and shrill not ass~. ~ nny responsibility for ~he offered parcel of Lq,~ or any ~,,.,,~m-~s therein trod ~ ,m~! ~ o~ 'the provers he.of shaU imue to Ihe benefit of and be bh~n~ upon he~, success~ a~?~. and pc~,~ ,~,~ of ~ IN WrlNESS THEREOF, fl~ese lx~enls have executed Ibis ins~nn~ ~his /~ dayof, November ,2002. ACQUIPORT/~f~I i.m, I. LC By:. Acquipo~/Amsdell H ~ted Pnm~cml~p, ~ Sote Member Pnrtner Name: ToddC. AmsdeH Title: Secret~ Title: Vice l~sident P,-~ ~n~sV~R DI~ICATB ROADS CORP.d0c:10f29f2002 STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above named ACQUIPORT/AMSDELL III, LLC, a Delaware limited liability company by its sole member, Acquiport/Amsdell I Limited Partnership, a Delaware limited partnership, by Amsdell Partners, Inc., an Ohio corporation, its General Partner, by Todd C. Amsdell, its Secretary, who acknowledged that he did sign the foregoing instrument on behalf of said limited liability company and that the same is his free act and deed as such officer and the free act and deed of the corporation, the limited partnership and the limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Cleveland, Ohio, this /~ day of November, 2002. Notary Public STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public In and for said County and State, personally appeared the above named ACQUIPORT/AMSDELL itl, LLC, a Delaware limited liability company by its sole member, Acquiport/Amsdell I Umltod Partnership, a Delaware limited partnership, by Amsdell Partners, Inc., an Ohio corporation, its General Partner, by Ban7 L. Amsdell, its Vice President, who acknowledged that he did sign the foregoing instrument on behalf of said limited liability company and that the same is his free act and deed as such officer and the free act and deed of the corporation, the limited partnership and the limited liability company. IN WIT~ESS WHEREOF, I have hereunto set my hand and official seal at Cleveland, Ohio, this /~ day of November, 2002. Notary Public ACCBPTANCE C~TI~CATB The City of Temecula hereby ac~'p~s the Offer of Dedication here, by attached and consents to the recordation of this dot. nan! as  oOh above. Nothing herein is intended nor shall anything herein be comUued as acceptance of the Dedication until such dedication has accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. CITY OF TEMECULA ArI-EF__..ST: Ron Rober~ Mayor Susan W. Jones, CIVIC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney EXHIBIT 'A' LEGAL DESCRIPTION OFFER OF DEDICATION- ROAD PURPOSES PALA ROAD BEING A PORT/ON OF PARCEL 4 OF PARCEL MAP NO. 11934 AS RECORDED IN PMB NO. 67 PAGE 87 AS F/LED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY AND FURTHER DESCRIBED AS: BEGINNING AT 7HE MOST SOU7HWESTEI~LY CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING ON 7HE NORTHERLY UNE OF PALA ROAD II0.00 FEET WIDE; THENCE N 42'$1'55" E 24.00 FEET; THENCE S 47°44'$6'' E 593.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVING SOUTHEASTERLY AND HAVING A RADIUS OF 2055.00 FEET, A RADIAL BEARING OF N 63'03'45" E: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'58'25" A DISTANCE OF 70.79 FEET TO A POINT ON THE NORTHERLY LINE OF PALA ROAD; THENCE WESTERLY ALONG SAID NORTHERLY UNE N 47'44'36" W 660.59 FEET BACK TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 0.$5 ACRES, MORE OR LESS. DCi ENGINEERING LAND SURVE'dNG & Q~IL ENGINEERING EXHIBIT 'B' ~DEAWN BY: DBM ~*100 E. ~.A PAL.MA 714) 7'~-~}28 F~ (7t4) 77~82~ OFFER OF DEDICATION- ?~w.,sx,~r~eo, o~: ROAD PURPOSES D~,~ 11-05--02 .. ~ LS 6761 FOR PALA ROAD J.N. 0133