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Home My WebLink About03-149 CC ResolutionRESOLUTION NO. 03-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF STORM DRAIN EASEMENT WITHIN LOT 104 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: Tract Map No. 23143-9 was graded and street improvements constructed to include a sidewalk underdrain to convey street flow into an existing drainage course within Park Site Lot 104; The owners of Tract Map No. 23143-9, KB Home Coastal Inc., A California Corporation, are hereby submitting a 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 grant of storm drain easement by KB Home Coastal Inc., A California Corporation 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 grant of storm drain easement by KB Home Coastal Inc., A California Corporation. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22n~ day of October, 2003. ATTEST: ~~~~r~ey~May°r R:/Resos 2003/Resos 03-149 I 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. 03-149 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd ay of October, 2003 by the following vote: AYES: 5 NOES: 0 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNClLMEMBERS: None R:/Resos 2003/Resos 03-149 2 RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Ternecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAINAGE 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. 952-632-025 PROJECT NO. Tract No. 23143-9 KB Home Coastal Inc. a California Corporation, hereinafter designated GRANTOR, 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 DRAINAGE 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 a storm drainage system including any and all structures and appurtances incidental thereto designed to convey storm water runoff through the property of the GRANTOR, together with the right 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 herein above and made subject to said easement by this grant is situated in the City of Temecula, State cf California, and is more particularly described as follows: (See exhibits "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTOR 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. H:~ DATA\I 5100245~OF FIC E~W PWiN',245ig1009A.wpd 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 GRANTOR for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTOR, their successors and assigns, the right and privilege to use the above described land of the GRANTOR 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 GRANTOR 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 GRANTOR has executed this instrument this ,2003. day of GRANTOR: KB HOME COASTAL INC., A California Corporation (Print) By: (sign here) (Print) (title) (President or vice-president and secretary or assistant secretary must sign for corporations. Ifonly 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.) HSPDATA\15100245\o FFICE~WPWIN~2451g1009A. wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calitomia personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iec), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ec~ed, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though ~ th~ormation below is not required by ~w, fl may prove valuable to persons mi) lng on the document and could prevent fraudulent removal and reai~achment o~ th~s form to another documen£ Description of Attached Document Title or Type of Documect: ~0~ ~/~(-.~ Document Data: Signer(s) Other Than Named Above: Number o! Pages:. Capacity(les) Claimed by Signer S gner's Name: [] IndMdual [3 Corporate Officer -- T~tle s)'.~'~ [] 'Partner -- [3 Limited [] General [3 Attorney-in-Fact [] TnJstee [] Guardian or Conservator ~ [] O~her: Signer Is Representing: CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated ,2003, for a STORM DRAINAGE EASEMENT granted by KB Home Coastal, a California Corporation, to 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 ,2003. The GRANTEE consents to the recordation thereof by its duly authorized officer. Cl'rY CLERK'S OFFICE: Date: ,2003. Attest: Susan W. Jones, CMC, City Clerk H:'~PDATA~ 1510024b~O F FIC E~W PWlN~2451g1009A.wpd RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Leoal Descriotion Tract No. 23143-9 Revised May 22, 2002 November 16, 2001 JN 15100245-M9 Page 1 of 1 STORM DRAINAGE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 104 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, described as follows: BEGINNING at the most westerly corner of said Lot 104; thence along the northwesterly line of said Lot 104 North 56°31'22'' East 28.32 feet; thence South 33 o28,38. East 9.24 feet to a point on a non-tangent curve in the right-of-way line of Sparks Court concave southerly and having a radius of 48.00 feet, a radial line of said curve from said point bears South 02°40'25" West; thence along said curve and right-of-way line westerly 30.29 feet through a central angle of 36°09'03" to the POINT OF BEGINNING. CONTAINING: 84 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 by me or under my direction. ;i~omas E. YerlooP,~P.L~. 5348 My licease expires 3/31/06. Exp. 12-31-03 H:~PDATA\1510024~OFFICE\WPWIN'~51gI009.wpd 40 0 40 80 120 / ,,,,~ GRAPHIC SCALE ~ /~ ~ R=48~0' x~ ~/ DETAIL ~ NOT TO SCALE ' TRACT NO. 23143-9 MB 313/92-104 PARK S I TE 134 103 104 105 106 EXHIBIT ~STORM DRAINAGE EASEMENT REVISED 05/22/02 NOVEMBER 16, 2001 SCALE 1 "=40' 50' 30' SHEET CONSULTING FIELD BOOK 107 1 DF 1 SHEETS 27555 YNEZ ROAD, SUITE 400 'I~dE(~JLA, CALIF~A 92591-4679 909.676.8042 · FAX 909.676.7240 · wviwJ~BF.com JOB NO, 15100245-M9