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Home My WebLink About03-154 CC ResolutionRESOLUTION NO. 03-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF STORM DRAIN EASEMENT WITHIN LOTS 103 OF TRACT MAP NO. 23143-F THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERESY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Tract Map No. 23143-F was graded to include a private water quality mitigation basin from which a public storm drain conveys flows to an existing storm drain system; The owners of Tract Map No. 23143-F, 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: '~ Je~ffre~. Stone, Mayor R:/Resos 2003/Resos 03-154 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. 03-154 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 n W. Jon~/s, CMC ity Clerk R:/Resos 2003/Resos 03-154 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. 952-030-012 PROJECT NO. Tract No. 23143 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 Rivemide, State of Califomia, 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: .~I~'3~'Y'~ ~3J3~z~Jr~ (sign here) (print name here) (title of signato~,J) (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 Vir.qinia Corporation to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Govemment 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' Revised May 22, 2002 November 12, 2001 JN 15100245-M10 Page 1 of 2 Legal Description Tract No. 23143 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 103 of Tract lqo. 23143 filed in Book 314, Pages 25 through 38 of Maps in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the centerline intersection of Crowne Hill Drive and Pauba Road as shown on said Tract No. 23143; thence along the eenterline of said Pauba Road North 41025'08'' East 249.53 feet to the beginning ora tangent curve concave southeasterly and having a radius of 1300.00 feet; thence continuing along said centerline and said curve northeasterly 114.28 feet through a central angle of 05°02'12"; thence radially bom said curve South 43032'40'' East 44.00 feet to a point on a non-tangent curve concave southeasterly and having a radius of 1256.00 feet said point being the TRUE POINT OF BEGINNING, said curve being concentric with and 44.00 feet southeasterly of last said curve, said curve also being thc northwesterly line of said Lot 103, a radial line of said concentric curve fi.om said point bears South 43032'40'' East; thence along said curve and northwesterly line northeasterly 30.98 feet through a eentral angle of 01°24'47"; thence non-tangent from said curve South 57015'48" East 35.26 feet; thence South 43 °08'09" East 139.79 feet to a point on a non-tangent curve concave southeasterly and having a radius of 380.00 feet, said curve also being on the southeasterly line of said Lot 103, a radial line of said curve from said point bears South 63°34'25'' East; thence along said curve and southeasterly line southwesterly 32.87 feet through a central angle of 04o57'24"; Tract No. 23143 Strom Drainage Easement Revised May 22, 2002 Jlq 15100245-M10 Page 2 of 2 thence continuing on said southeasterly line tangent from said curve South 21°28'11" West 26.92 feet; thence North 48°06'08'' West 67.19 feet; thence North 34°08'19" West 133.19 feet to the TRUE POINT OF BEGINNING. CONTAINING: 9585 square feet. SUB,I'ECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXItIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. Rayt~'L.'~. M~-the, P.L.S. 6185 My license expires 3/31/06. H:~PDATA\I 510024b~OFFICL~WPWIN~4$ Igl010.v,~d 60 0 60 120 180 GRAPHIC SCALE 103 TRACT NO. 23143 MB 314/ 25-38 92 4 DATA TABLE 1 05'02'12" 1300,00' 114.28' 2 N45'32'40"W (R) 44.00' 3 01'24'47" 1256.00' 30,98' 4 N57'15'48"W -- 35.26' 5 04°57'24" 380.00' 32.87' 6 N21'28'11"E -- 26.92' 7 N48°O6'O8"W -- 67.19' 93 94 SHEET I DF I SHEET EXHIBIT 'B' ~ STORM DRAINAGE EASEMENT c n N I~ U LTl N B · C. ouhty,ofHenfico, Commonwealth of V/rg/n/a 'Onthis %t dayof~l-~,~ ,:zc~'a . exec ~u ~a~~_~ .._~.__~ c~. o.~ "ersonally appeared before me and acknolwedge~that ~u~c~ u1¢ loregolng lP-stmment. PnntNam .,e~ ~/~'5~',~Io~. /~., ~ycommi~sion ~pir~.~ -~/~l./c~-