HomeMy WebLinkAbout2020-03 TCSD Resolution RESOLUTION NO. CSD 2020-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVCCES DISTRICT OF THE
CITY OF TEMECULA TERMINATING THE EASEMENT
FOR MAINTENANCE OF LANDSCAPING ON PROPERTY
WITHIN TRACT 21764 AND TEMECULA COMMUNITY
SERVICES DISTRICT, SERVICE LEVEL "C", ZONE 7
WHEREAS, Warmington Homes and Gateway-Meadowview Associates, LTD, Developer
of Tract 21764, granted an Easement for Landscape Maintenance purposes to the Temecula
Community Services District referred to as Easement Note D of Tract 21764 in 1990 which was
recorded on July 27, 1990 as Document No. 278084 in the Official Records of the County or
Riverside ("Easement Deed").
WHEREAS, The Easement Deed includes the following language:
"If Grantee [City of Temecula Community Services District] or its governmental entity,
successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement
Area, maintenance shall, after notice, become the responsibility of Grantor [Developer of Tract
21764],with all covenants and agreements of this easement extending to and becoming obligations
of all heirs,executors,administrators,successors,and assigns of the Grantor[owners of underlying
property of Easement Area]."
WHEREAS, the Temecula Community Services District, through Service Level C, Zone
7; has provided landscape maintenance services for parcels located in Tract 21764 since 1990 but
the available funds generated by Service Level C, Zone 7, are not sufficient to maintain the
Easement Area.
WHEREAS, the Board of Directors of the Temecula Community Services District does
hereby find, determine and declare that it is unable, incapable, and unwilling to maintain said
Easement Area pursuant to the Easement Deed.
NOW, THEREFORE, the Temecula Community Services District of the City of Temecula
does resolve as follows:
SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in
support of this Resolution.
SECTION 2. Termination of Easement and Maintenance Responsibilities. The Board of
Directors hereby terminates the easement for landscape maintenance purposes described in the
Easement Deed and shall discontinue providing landscape maintenance services within the
Easement Area, upon written notice to the underlying property owners of the Easement Area.
SECTION 3. City Manager Authority. The City Manager is authorized to take all
actions necessary to implement the terms of this Resolution including,but not limited to,providing
required notice, recording applicable documents, approving implementing agreements, or
approving necessary certifications.
SECTION 3. CEQA Findings. The City Council hereby finds that in accordance with the
California Environmental Quality Act ("CEQA") and the CEQA Guidelines the adoption of this
Resolution is exempt from CEQA pursuant to Section 15061(b)(3) because the actions relate to
responsibility for maintenance of existing properties and do not alter the properties.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula this 26th day of May, 2020.
Zak Schwank, President
ATTES
Randi Johl, Secretary
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of
Temecula, do hereby certify that the foregoing Resolution No. CSD 2020-03 was duly and
regularly adopted by the Board of Directors of the Temecula Community Services District of the
City of Temecula at a meeting thereof held on the 26th day of May, 2020, by the following vote:
AYES: 5 BOARD MEMBERS: Edwards, Naggar, Rahn, Stewart,
Schwank
NOES: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
ABSENT: 0 BOARD MEMBERS: None
Randi Johl, Secretary
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