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Home My WebLink About03-152 CC ResolutionRESOLUTION NO. 03-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF STORM DR/UN EASEMENT WITHIN LOT 104 OF TRACT MAP NO. 23143-11 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. 23143-11 was graded and street improvements constructed to include a storm drain to convey flow within Lot 104; B. The owners of Tract Map No. 23143-11, Lenone, Inc, a Virginia 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 Lenone Inc., A Virginia Corporation Home 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 Lenone Inc., A Virginia Corporation. 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. ATTEST: '~re~y~Mayor R:/Resos 2003/Resos 03-152 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. 03-152 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 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNClLMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2003/Resos 03-152 2 RECORDING REQUESTED BY: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE 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. 952-680-039 PROJECT NO. Tract No. 23143-11 LenOne, Inc., a Virginia Corporation, hereinafter designated GRANTOR, represent that they are the owner 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 a drainage system including any and all structures and appurtenances incidental thereto designed to convey stormwater 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 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: (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. 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 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 ,20 . day of GRANTOR: LenOne, Inc., a Virginia Corporation By: ~ ~ (sign here) (print name here) (title of signatory) By: (sign here) (print name here) (title 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) 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 LenOne, Inc., a Virf:linia 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 . TheGRANTEE consents to the recordation thereof by its duly authorized officer. CITY CLERK'S OFFICE: Date: Attest: Susan W. Jones, CMC, City Clerk 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 EXHIBIT "A" September 18, 2002 JN 15100418-M7 Page 1 of 1 TRACT NO. 23143-11 STORM DRAIN 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. 23143-11 filed in Book 314, Pages 13 through 24 of Maps in the Office of the County Recorder of said Riverside County, described as follows: A strip of land 20.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly terminus of that certain curve shown as being concave northwesterly and having a radius of 1244.00 feet for a portion of the northwesterly line of said Lot 104, a radial line of said curve from said point beam North 12052'03'' West; thence along said northwesterly line and said curve northeasterly 140.17 feet through a central angle of 06°27'21" to the TRUE POINT OF BEGINNING; thence non-tangent from said curve South 19010'52'' East 32.50 feet to the POINT OF TERMINATION of said centeriine. Said strip of land shall be lengthened or shortened so as to terminate northwesterly in said northwesterly line. CONTAINING: 650 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. Tt{omas E. VeH. oop,~P.~-,,,~.~5348 My license expires 12/31/~ H:\PDATA\t 5'i00418~ADMIN\legalsN. 181g1007.doc 160 24O 80 GRAPHIC SCALE / / / / 104 ,' 1 04'~'~" 1200,~' 104, 15' 2 01'44'43" 1156,~' 35,21' % ~ 3 S19' 10'52"E -- 32,50' EXHIBIT 'B' x x¢ TRACT NO. 23143-11~1~~ STORM DRAIN EASEMENT SEPTEMBER 18, 2002 CONSULTING 27555 ~(k~Z ROAD, 8UITE 400 TEMEC~LA, CALIFORNIA 92,5~)~1679 909.676~342 · FAX 909.676Y240 · w~w~:~c3ra SCALE JOB NO. 1"=80' 15100418-M7 ,Coun~ ofHenfico, Commonwealih of Vir~/nia ed the foregoing instrument. personally appeared before me and acknolwedged that print l~ame:' My commission expires Notary Public