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Home My WebLink About03-006 CC ResolutionRESOLUTION NO. 03-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO EASTERN MUNICIPAL WATER DISTRICT AN EASEMENT FOR THE RIGHT OF ACCESS TO THE PUJOL STREET LIFT STATION 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 First Street Extension, Project No. PW95-08, included the construction of a four-lane bridge at First Street over Murrieta Creek in Old Town Temecula involving utility coordination with both Rancho California Water District and Eastern Municipal Water District; It was necessary to construct a sewer lift station, Pujol Street Lift Station, on the west side of the bridge to avoid a sewer conflict arising from the realignment of First Street; As such, the City will grant to Eastern Municipal Water District the real property to accommodate the Pujol Street Lift Station by a separate resolution; D. In addition, it is necessary to grant to Eastern Municipal Water District an easement for access to the Pujol Street Lift Station. WHEREAS, The City Council of the City of Temecula hereby desires to grant to Eastern Municipal Water District an easement to access the Pujol Street Lift Station 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 grants to Eastern Municipal Water District an easement to access the Pujol Street Lift Station described in Exhibit "A" and shown in Exhibit "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of January, 2003. ;' A'I-FEST: · ~"*~~'~ ~ ~ Jeff rey-'~."~ton e, Mayo r R:/Resos 2003/Resos 03-06 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. 03-06 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of January, 2003 by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2003/Resos 03-06 2 Recording Requested By and when Recorded Return to: niSTERN MUNICIPAL WATER DISTRICT · Box 8300 s, CA 92572-8300 At1~: James S. Buffer, Right-of-Way Depar~nent This Document Must Be Signed in the Presence of Nota~ & Notarized. 'IRA: 013007 APN: 922-100-017 CO: 63792 RB- 4425 No Recording Fee Required Pursuant to Government Code Section 27383 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY (hereinafter referred to as "Grantor") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, its successors and assigns (hereinafter refen'ed to as "Grantee") a perpetual non-exclusive easement and right of way · t, on, over, under, upon, along, through and across that certain property situated in the County of Riverside, State of California, as follow: (SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include the right of access for equipment and vehicle right of way, in, on, over,, upon, along, through and above the described property. Grantor retains the right to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no buildings or other structures of any kind will be placed, conslmcted or maintained over the real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the surface or subsurface of the ground subject to this easement shall be performed only after giving written notice by certified mail, postage prepaid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work. Grantor shall take all reasonable measures to avoid a material interference with Grantee's use during such work. It is understood that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within the boundaries of such easements and rights of way. It is understood that any use of the surface rights by Grantor, and Grantor's successors, heirs and assigns, shallbe deemed a continuing permissive use allowed by Grantee, its successors, heirs and assigns, and each successor-in- interest of the Grantor, by acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be construed as a Grant of Fee fWITNESS WHEREOF, this instrument has been executed this day of ,20 ,. · ' GRANTOR(S): THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECIJLA, A GENERAL LAW CITY Date: BY: Jeff Stone, Mayor Date: BY: Susan W. Jones, City Clerk CER'flIqCATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant of Easement dated from THE CITY OF TEMECULA, A MUNICIPAL CORPORATION WHO ACQUIRED TITLE AS THE CITY OF TEMECULA, A GENERAL LAW CITY to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No. 80 of the Board of D'uectors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. EASTERN MUNICIPAL WATER DISTRICT DATED: BY: Mary C. White, Secretary of the Eastern Municipal Water District and the Board of Directors thereof (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / ss. County of ! On pemonally appeared , before me, ~me(s) ~ SigneKs) [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(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 person(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 persons relying on the document and could prevent fraudulent removal and realtachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of lhumb here EXHIBIT "A" EASTERN MUNICIPAL WATER DISTRICT PUJOL STREET LIFT STATION ACCESS EASEMENT LEGAL DESCRIPTION C.O. - 63792 Grantor: City of Temecula IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF A STRIP OF LAND, 30.00 FEET WIDE, LYING ADJACENT TO AND WESTERLY OF THE WESTERLY LINE OF PARCEL 4 OF PARCEL MAP 7674 AS SHOWN BY MAP ON FILE IN BOOK 86 OF PARCEL MAPS, PAGES 50 AND 51, RECORDS OF SAID RIVERSIDE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4, SAID CORNER ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1717.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68°20'55" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AND WESTERLY LINE OF PARCEL 4 THROUGH A CENTRAL ANGLE OF 03°30'53" AN ARC LENGTH OF 105.33 FEET; THENCE RADIAL TO SAID CURVE SOUTH 71 °51'48" WEST A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP 8248 AS SHOWN BY THE MAP ON FILE IN BOOK 32 OF PARCEL MAPS, PAGES 16, 17, AND 18, RECORDS OF SAID RIVERSIDE COUNTY, SAID INTERSECTION ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1687.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 71°51'48" EAST, SAID CURVE BEING CONCENTRIC WITH THE HEREIN DESCRIBED CURVE HAVING A RADIUS OF 1717.02 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND EASTERLY LINE OF PARCEL 2 OF PARCEL MAP 8248 THROUGH A CENTRAL ANGLE OF 03°03'49" AN ARC LENGTH OF 90.21 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE TANGENT PORTION OF THE SOUTHEASTERLY LINE OF LOT "A" OF AFORESAID PARCEL MAI~ 7674; THENCE NORTH 44°30'26'' EAST ALONG SAID PROLONGATION A DISTANCE OF 32.86 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.07 ACRES, MORE OR LESS. EXHIBIT "B" A'I-I'ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Eastern Municipal Water District Eastern Municipal Water District Exhibit ~A" Access Easement Work Order No. Grantor: City Of Temecula PREPARED UNDER MY SUPERVISION: Professional Land Surveyor No. 6413 Registration Expires 12/31/02 DATE SIGNED: ,,~'~,, ~./~