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HomeMy WebLinkAbout94-02 TCSD ResolutionRESOLUTION NO. CSD 94-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING EASEMENT GRANT DEEDS FOR LANDSCAPE MAINTENANCE EASEMENTS WI~REAS, the hereinafter-delineated slope and landscape maintenance easements were granted to the County of Riverside on behalf of County Service Area 143 on recorded easement deeds, to wit: F. XHIRIT "A": As recorded in the official records of the County of Riverside Recordirlg Date Tract and Lot No. Affected Pry Recorded Fa~ment 153760 107070 114747 107069 114748 107060 107067 107068 May 12, 1989 April 05, 1989 April 05, 1989 April 05, 1989 April 12, 1989 April 05, 1989 April 05, 1989 April 05, 1989 21561, Lot 81 21561, Lots 6-9 21561, Lot 5 21561, Lot 4 21561, Lot 3 21561, Lot 2 21561, Lot 1 21561, Lot 19 As recorded in the official records of the County of Riverside Recordirlg Date Tract and Lot No. Affected PrY Recorded garment 114746 114745 107059 114744 107058 April 12, 1989 April 12, 1989 April 05, 1989 April 12, 1989 April 05, 1989 Tr. 21561, Lot 20 Tr. 21561, Lot 36 Tr. 21561, Lot 37 Tr. 21561, Lot 53 Tr. 21561, Lot 54 ~.C5D\94-02 I 153759 April 12, 1989 11471 April 12, 1989 Tr. 21561, Lot 117 Tr. 21561, Lot 118 Instrument No. Recording Date Tract and Lot No. Affected By Recorded F.a~ment 107064 April 05, 1989 Tr. 22208, Lots 42-49 107061 April 05, 1989 Tr. 22208, Lot 45 114750 April 12, 1989 Tr. 22208, Lot 46 114749 April 12, 1989 Tr. 22208, Lot 48 107062 April 05, 1989 Tr. 22208, Lot 49 107063 April 05, 1989 Tr. 22208, Lot 50 107066 April 05, 1989 Tr. 22208, LOts 64-66, 84 107065 April 05, 1989 Tr. 22208, Lots 1-4 WHEREAS, at the time the easement deeds were recorded, the affected properties were located in the unincorporated territory of the County of Riverside, State of California. WHEREAS, the recorded easement deeds granted the landscape maintenance easements to the County of Riverside on behalf of County Service Area 143, but were never accepted by the County Board of Supervisors. WHEREAS, the City of Temecula and the Temecula Community Services District were incorporated December 1, 1989 and the easement deeds affect the properties now located wholly within the City of Temecula, State of California. WHEREAS, the City of Temecula is the successor-in-interest to the County of Riverside, County Service Area 143. WHEREAS, the City of Temecula is the duly-authorized legislative body authorized to accept the landscape maintenance easements within the City of Temecula. WHEREAS, it is desirable and appropriate that the aforementioned recorded easement deeds for landscape maintenance easements be accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Ro~o~.CSD\94-02 2 Section 1. That pursuant to Government Code Section 66477.2(a), the Board of Directors accepts the easement deeds for landscape maintenance easement over those areas more particularly described in Exhibits "A" and 'B" and attached hereto and incorporated into this Resolution by reference. Section 2. That these acceptances are not intended to create or vest any fee simple interest in favor of the Temecula Community Services District or the City of Temecula to the landscape maintenance areas, but are solely for the express purpose of accepting a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" and ~B~ attached hereto. Section 3. That if the Temecula Community Services District or its governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, then all or any of such easements may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to the interested parties, maintenance of the landscape areas shall become the responsibility of the then current owners of the respective underlying properties. Section 4. The City Clerk shall certify the adoption of this resolution and record the acceptance document as described herein. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Sexyices District at a regular meeting held on the 10th day of May, 1994. ATTEST: -~ef~ey E. Stone, President ~Gree , City C er Board Secretary Rc~o~ .CSD\944)2 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMF_~ULA ) $$ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof, held on the 10th day of May, 1994, by the following vote of the Board of Directors: AYES: 4 DIRECTORS: Birdsall, Mufioz, Parks, Roberts NOES: 0 DIRECTORS: None ABSENT: 1 DIRF. CTORS: None Board Secretary Re~o~.CSD\94-02 4 EXHIBIT "A" The following Documents arc Easement Grant Decds Granted to the County of Riverside, on behalf of County Service Area No. 143 that wcrc recorded in the Office of the County Rccordcr, Riverside County, State of California. Instrument No. Rccording Date Tract and Lot No. Affcctcd By Recorded Easement. 153760 May 12, 1989 Tr. 21561, Lot 81 107070 April 5, 1989 Tr. 21561, Lots 6-9 114747 April 5, 1989 Tr. 21561, Lot 5 107069 April 5, 1989 Tr. 21561, Lot 4 114748 April 12, 1989 Tr. 21561, Lot 3 107060 April 5, 1989 Tr. 21561, Lot 2 107067 April 5, 1989 Tr. 21561, Lot 1 107068 April 5, 1989 Tr. 21561, Lot 114746 April 12, 1989 Tr. 21561, Lot 20 114745 April 12, 1989 Tr. 21561, Lot 36 107059 April 5, 1989 Tr. 21561, Lot 37 114744 April 12, 1989 Tr. 21561, Lot 53 107058 April 5, 1989 Tr. 21561, Lot 54 153759 April 12, 1989 Tr. 21561, Lot 117 114751 April 12, 1989 Tr. 21561, Lot 118 EXHIBIT "A" .,. ~.~=.?....TRACT No. 21561 ./ LEGEND r'/////~ INDICATES LANDSCAPE MAINTENANCE EASEMENT KRIS R. WINCHAK LAND SURVEYING- PLANNING SCALE: DRAWN BY: CHECKED BY: f': 200' K.R,W. LANDSCAPE MAINTENANCE EASEMENT T, C, S.D, EXHIBIT "B" The following documents are Easement Grant Decds granted to the County of Riverside, on behalf of County Service Area No. 143 that wcrc recordcd in thc Office of the County Rccordcr, Riversidc County, State of California. Instrument No. Rccording Date 107064 April 5, 1989 107061 April 5, 1989 114750 April 12, 1989 114749 April 12, 1989 107062 April 5, 1989 107063 April 5, 1989 107066 April 5, 1989 107065 April 5, 1989 Tract and Lot No. affected By Recorded Easement. Tr. 22208, Lots 42-49 Tr. 22208, Lot 45 Tr. 22208, Lot 46 Tr. 22208, Lot 48 Tr. 22208, Lot 49 Tr. 22208, Lot 50 Tr. 22208. Lots 64-66, 84 Tr. 22208, Lots 1-4 EX H I BIT "B" ~.Ac~ .o. zz~os LEGEND K/ // /A INDICATES LANDSCAPE MAINTENANCE EASEMENT KRIS R. WINCHAK SCALE: = 200' LANDSCAPE MAINTENANCE LAND SURVEYING-PLANNING DRAWN s¥: K.R.W. EASEMENT CHECKED 8Y: T.C.S.D.