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Home My WebLink About03-014 CC Resolution RESOLUTION NO. 03-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 133 AND 134 OF TRACT MAP NO. 23143-9 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: A. Tract Map No. 23143-9 was graded to include a water quality mitigation basin from which a storm drain conveys flows to an existing storm drain system; B. The owners of Tract Map No. 23143-9, KB Home Coastal, Inc., are herby submitting an irrevocable offer of dedication of grant of storm drain easement; C. Acceptance of the easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal, 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 irrevocable offer of dedication of grant of storm drain easement by KB Home Coastal, Inc. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 11th day of February, 2003. ATTEST: R:/Resos 2003/Resos 03-14 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. 03-14 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 11th day of February, 2003 by the following vote: AYES: NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone ty Clerk R:/Resos 2003/Resos 03-14 2 RECORDING REQUESTED BY: Cily of Ternecula, California AFTER RECORDINS MNL TO: City Clerk City of Ternecula P.O. BOX 9033 Temecula. CA 92589-9033 STORM DRAIN 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 .... PROJECT NO.~,~ [~, Rome Coast;a], ;[ac, , hereinafferdesignated GRANTORS, representthattheyare the ownem of the hereinafter described mai property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant bargain convey and re ease unto the C ty of Temecu a, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN 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 an enclosed and/or open storm drain system including any and all structures and appurtances incidental thereto designed to convey stormwater runoff through the property of the GRANTORS, together with the right to have and hold said easement and right-of.way unto itself and unto its succe.ssors and assigns forever and to convey said easement, or any portion thereof, to other public agenclss. The real properly referred to hereinabove and ,made 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 (See Exhibits - 'A' & "B' attached and incorporated herein by this reference as set 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 successors 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 other 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 good 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 day of GRANTORS: By: (~ig~ I'[ere) (print name here) (titld' of signatory) By: (print name here) (rifle of signatory) (All OWNERS must sign.) (Proper notarial 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 officer to bind the corporation.) (Attach appropriate Subordination Agreements as applicable) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of On ///,~//~J / 3ersonally appeared , before me, ~/.~ ~ 'Name(s) of Signe~(s) [~re~onally known to me [] proved to me on the basis of satisfactory evidence Commission # 1280815 Notary Public - Cattfornia San Diego County ~J~r/ My Comm. F_xp~s Oct 19, 2a04 [ 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 end could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document/ Title or Type of Document: .~X'~z~/~ Z/.~,"~/~/ Document Date: Number of Pages: Signer(s) Other Than Nam~ed 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. Signerls Representing: Top of thumb here. CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated for a STORM DRAIN EASEMENT granted by , the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on . The GRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 September 18, 2002 JN 15100418-M8 Page 1 of 1 EXHIBIT "A" TRACT NO. 23143-9 STORM DRAIN EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 133 and 134 of Tract No. 23143-9 filed in Book 313, Pages 92 through 104 of Maps in the Office of the County Recorder of said Riverside County, lying within a strip of land 25.00 feet wide, the centeriine of which is described as follows: Commencing at the northerly terminus of that certain course shown as "N04°26'08"W 47.12'" for the westerly line of said Lot 133; thence along said westerly line South 04026'08'' East 4.72 feet to the POINT OF BEGINNING; thence North 85034'04" East 100.64 feet to the POINT OF TERMINATION of said centerline. Said strip of land shall be lengthened or shortened so as to terminate westerly in said westerly line. CONTAINING: 2485 square feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared "---T4,fomas E. Vedootp,~.S. 5348 My license expires 12/31/03. H:~PDATA\15100418V~,DMIN~legals~4181gl008.doc 100 100 200 300 GRAPHIC SCALE DATA TABLE BRNG/DELTA RADIUS LENGTH 1 NO4'26'O8"W -- 47.12' 2 N40'45'26"E -- 52.44' 5 N85*54'O4"E -- 100.64' TRACT NO. 23143-9 M.B. 513/92-104 PARK SITE 134 "~C/L~UTTERF - SY~GEROAD IELD EXHIBIT TRACT. NO. 23145-9 STORM DRAIN EASEMENT n a. -- u L'r~ N a SHEET 1 DF 1 SHEET 27555 YNEZ ROAD, ~UITE 400 ~ CAL;FO~aA 925m-4679 909.676~042 · FAX 909.676.7240 ·mew. R~.com JOB ND. SCALE SEPTENBER 18, 2002 1"=100'