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Home My WebLink About03-142 CC ResolutionRESOLUTION NO. 03-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR DRAINAGE PURPOSES NORTH OF LOT "A" (MURRIETA HOT SPRINGS ROAD) OF TRACT MAP 29353-1 IN RORIPAUGH RANCH SUBDIVISION 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 certain improvements as conditions of approval for the development of Tract 29353-1; As part of the construction of the required drainage improvements it is necessary for the owner of the property north of Tract 29353-1, Ashby USA, LLC, to provide an easement for drainage purposes; C. Said easement is to the City in order to accommodate the maintenance of the storm drain facility/outlet; D. 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 easement deed for drainage purposes by Ashby USA, LLC as described on Exhibits "A" and shown on Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the easement deed for drainage purposes by Ashby USA, LLC. A'I-I'EST: PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of October, 2003. R:/Resos 2003/Resos 03-142 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-142 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of October, 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 03-142 2 RECORDING REQUESTED BY: City of Temecula, California LR RECORDING MAiL TO: -City Clerk City of Temecula 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. 957-340-001 PROJECT NO. TM 29353-1 Ashby USA, LLC, A California Limited Liability Company, hereinafter designated GRANTORS, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecula, 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 appurtenances incidental thereto designed to convey stormwater runoff through the property of the GRANTORS, together with the dght to have and hold said easement and right-of-way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property 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 wdtten consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the dght but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the dght 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 dght 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 dghts 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 ].7 day of Sept. ,2003 . GRANTORS: //7 Its: Ma n a gj.n_g.j~Lemb er (sign here) ASHBY USA, LLC a California limited liability company By: ASHBY DEVELOPMENT COMPANY, INC. a California Oorporation, By:~ Justin K. Ashby (pdntname here) President (title of signatory) (sign here) Deyo P. Breen (print name here) Vice President (title of signatory) (All OWNERS must sign.) (Proper notadal 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 R iV C_.Y?") i Cie ~' ss. personally appeared '~{.¢~'lt"~l~ ~. ('"~?)h~l~ ~L '~---IJ(~ ~, ~t~Y'c_cr~ ~ 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(ies), 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 o. the document and could prevent fraudulent removal and reattachment 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 -- 'Rtle(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer is Representing:. Tog of thumb here CiTY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to cedify 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 EXHIBIT A Dedication of Off-Site Storm Drain Easement Being a portion of the North half of the North half of Section 20, Township 7 South, Range 2 West, San Bemardino Meridian, located in the City of Temecula, County of Riverside, State of California, more particularly described as follows: COMMENCING at a monument on the centerline of Murrieta Hot Springs Road, as shown on Tract No. 29353-1, recorded in Map Book 334, Pages 21 through 24, inclusive, Records of Riverside County, California, said point also being the point of tangency ora curve, concave northeasterly, having a radius of 1600.00 feet, from which a radial line bears North 14022'02'' East; THENCE, South 75037'58'' East, continuing along said centerline of Murrieta Hot Springs Road, a distance of 416.95 feet; THENCE, rth 14 22 02 East, measured at right angles, a distance of 55.00 feet to the TRUE POINT OF BEGINNING, said point also being on the Northerly right of way line (55.00 feet - half width) of Murrieta Hot Springs Road; THENCE, North 14022'02'' East, a distance of 66.98 feet; THENCE, South 75037'58'' East, a distance of 50.00 feet; THENCE, South 14o22'02'' West, a distance of 66.98 feet to a point on said Northerly right of way line of Murrieta Hot Springs Road; THENCE, North 75°37'58" West, along said Northerly right of way line of Murrieta Hot Springs Road, a distance of 50.00 feet to the true point of beginning. Containing 0.08 acres, more or less. (3349 square feet) IALE 1 "= 100' EXHIBIT DEDICATION OF STORM DRAIN EASEMENT 0/' A'/i,'~' ,,?LTh"h: C(}LhV!~, /" CITY LIMIT LINE ~""~_ ! N88'37'05"l'1/ 2250.47' ' ~1Z 16 N.£ COR. SEC. 20_./ '~ ~ ~ ~- 4 ~ o14 , CURVE TABLE NUMBER DELTA RADIUS LENGTH Cl 11'35'49" 1600.00' 323.85'J 02 11'35'49" t545.00' 312.72 C$ 02'06'26" 1655.00' 60.8T C4 09'29'21" 1655.00' 274.10' PREPARED BY,', ENGINEERS Cl IIIL E#,I:ilIIEERI# Q · 81.lJ~ FE ~*llflO ,, PLA ttlllllO 6820 -AIRPORT DRIVE, RIVEFI$1DE, OA ~2~04 TEL: (gO~) 688-0241 ~, FAXI (~0~)