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Home My WebLink About03-155 CC ResolutionRESOLUTION NO. 03-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING OF A THIRTY FOOT (30') WIDE WATERLINE EASEMENT FOR WATER UTILITY PURPOSES TO RANCHO CALIFORNIA WATER DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and and The City of Temecula owns in Fee Title Lot A of Parcel Map No. 29132; b. Rancho California Water District has deemed a thirty-foot (30') wide pipeline easement necessary to provide water services to existing and new developments within the area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby approves a granting of a thirty-foot (30') wide water pipeline easement to Rancho California Water District and authorizes the Mayor to execute this attached Easement Deed on behalf of the City. 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. AI-I'EST: ~,~ '~ (k~'~f~re .~Stone, Mayor R:/Resos 2003/Resos 03-155 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. 03-155 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22n°day of October 2003 by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ASSENT: 0 COUNCILMEMSERS: None ABSTAIN: 0 COUNCILMEMBERS: None Susan W. J/or'es, CMC ~ ~City Clerk R:/Resos 2003/Resos 03-155 2 Recording requested by and when Recorded, mail to: Rancho California Water District P.O. Box 9017 Temecula, CA 92589-9017 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorders use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 WA TERLINE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Temecula ("Grantors") hereby grants and conveys to the Rancho California Water District, ("Grantee") a public corporation, a perpetual non-exclusive easement and right-of-way for pipeline or pipelines, together with incidental appurtenances, connections and structures in, over, under, upon, along, through, and across the real property situated in the City of Temecula in the County of Riverside, State of California, hereinafter described as follows in Exhibit A which is attached. Together with the right to grade and improve said right-of-way and to enter upon and to pass and repass over and along said strip of land for the construction, operation, and maintenance of the facilities to be constructed in said easements by the Rancho California Water District. The Rancho California Water District shall not interfere with or preclude the City from use the area within Exhibit A as a public trail. Construction of any permanent structures and/or any noise emanating from the structures that would discourage or interrupt use of the trail will be prohibited. Routine maintenance and repair of the pipeline and equipment shall not unreasonably disrupt use of the trail. The cost of the maintenance and repair of the pipeline and equipment and replacement of trail and/or trail amenities shall be made at the sole expense of Rancho California Water District. It is understood and agreed that the easements and rights-of-way acquired herein are subject to the right of the owner, his successors and assignees, to use the surface of the land within the boundary lines of said easements and rights-of-way to the extent that such use is compatible with the full and free exercise of said easements and rights-of-way by the Rancho California Water District; provided; however, that no fences, block walls or other structures, or other improvements shall be constructed upon, over and along said easements and rights-of-way without first obtaining the written approval of the Rancho California Water District of the City's plans, which shall not be unreasonable withheld. No fill or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from the cover of said pipeline after construction, without first obtaining the written approval of the Rancho California Water District. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF; this instrument has been executed this 22nd day of October 2003. CITY OF TEMECULA By:. Jeffrey E. Stone, Mayor ATTEST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney Certificate of Acceptance: The undersigned, being the duly appointed agent of RANCHO CALIFORNIA WATER DISTRICT, a public corporation, Riverside County, California, pursuant to its Resolution No. 22, as amended by Resolution No. 196, does hereby accept on behalf of said District, the grant of all interests in real estate for public purposes as described in the attached Grant of Easement Dated October 22, 2003 by and between the RANCHO CALIFORNIA WATER DISTRICT, and the City of Temecula and does hereby certify that the Grantee consents to the recordation of said Grantee. DATED: ,2003 RANCHO CALIFORNIA WATER DISTRICT By: Phillip L. Forbes Interim General Manager Director of Finance-Treasurer DATE: July 16, 2003 PAGE 1 OF I EXHIBIT "A" LEGAL DESCRIPTION FOR WATERLINE EASEMENT BEING A PORTION OF LOT "A" OF PARCEL MAP 29132, AS RECORDED IN BOOK 199 OF MAPS AT PAGES 78 THROUGH 80, INCLUSIVE OF MAPS IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, RIVERSIDE, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "A" OF SAID PARCEL, ALSO BEING A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF AVENIDA DE MISSIONS. THENCE; CONTINUING ALONG SAID LINE SoIYrI-120° 55' 00" EAST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4685.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 20° 17' 18" WEST; THENCE; WESTERLY 300.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 40' 44" TO A POINT IN THE WESTERLY LOT LINE OF LOT A; THENCE; CONTINUING ALONG SAID LINE NORTH 16° 36' 44" WEST, 30.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4655.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 16° 36' 37" WEST; THENCE; EASTERLY 298.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 40' 29" TO THE POINT OF BEGINNING. THIS AREA CONTAINING 0.21 ACRES MORE OR LESS. Exp. 3-31.,04 EXHIBIT P,m, No, 29132 P,M. 199/78-80 PARCEL 5 N16'36'57"W (R) / R=4855.00' 0.21 AC. / A=03'40'29" R=4655.00' L=298.57' 1=14.9.34' 50' TRACT NO, 2326 M.B, 240/29-35 VIA A =05'40'49" R=4695.00' T=150.84.' R=~685.00' 30' WATER EASEMENT NOT TO SC~ j ~ PROPOSED EASEMENT / ~ RANCHO CALIFORNIA WATER DISTRICT 3hls Plot ls Solely on Aid In Locating the Parcel(s) described In the Attached Document, It Is not o Port of The Wrltten Description Thereln, PREPARED BY: J SUBJECT: T~ans-Pacffic Consultants, Inc. 27431 Enterprise Circle West TI?ACT 29132 Temecula, CA. 92§90 WA'J'~R EASEMENT (909) 676-7000 SHEET 1 OF I SHEET(S) SCALE: 1"= 60' DRAWN BY: 3"DR DATD 5/2'//0~ CHECKED BY: J.E.R, W.O.#