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082404 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting (28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 24, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: 1) City of Temecula v. County of Riverside (RCIP litigation — Riverside County Superior Court Case No. 402766). Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the appraisal report of real property interest located at I- 15/State Route 79 South (APN Nos. 922-210-060, 922-210-061, and 922-210-05). Conference with Legal Counsel — Existing Litigation Subdivision (2) of Section 54956.9: Petition for Review to the State Water Resources Control Board of San Diego Regional Water Quality Control Board Order No. R9-2004-002 (NPDES Permit No. CAS0108766), Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the County of Riverside, the City of Murrieta, the City of Temecula, and the Riverside County Flood Control and Water Conservation District within the San Diego Region. Public Employee Performance Evaluation of the incumbent for the position of City Manager pursuant to Government Code Sections 54957 and 54957.6 Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2004-09 Resolution: No. 2004-90 R:/Agenda/082404 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Margaret Bird Invocation: Pastor Matt Hsieh of Rancho Baptist Church Flag Salute: Councilman Roberts ROLL CALL: Comerchero, Roberts, Stone, Washington, Nagger PRESENTATIONS/PROCLAMATIONS Appreciation to the City Council for its donation to the Chaparral High School Robotics Team Award of Valor PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prlor to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:/Agenda/082404 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Memorandum of Understanding for Emergency Ambulance Services RECOMMENDATION: 3.1 Approve the Memorandum of Understanding (MOU) between the City of Temecula and the County of Riverside, Emergency Medical Services (EMS) Agency, for joint monitoring of Ambulance Services. 4 Settlement Agreement clarifying provisions of the Riverside County Multiple Species Habitat Conservation Plan concerning Agricultural Operations RECOMMENDATION: 4.1 Approve the Settlement Agreement for the Riverside County Farm Bureau, et al. v. County of Riverside, et al. and authorize the Mayor to execute the Settlement Agreement on behalf of the City. 5 Amendment No. 1 to the agreement between the City of Temecula and PELA for landscape, plancheck, and inspection services RECOMMENDATION: 5.1 Approve Amendment No. 1 with PELA for landscape, plancheck, and inspection services for a total contract amount of $11,500. Procurement of Fire Department Panasonic Toughbook Tablet PCs RECOMMENDATION: 6.1 Authorize the purchase of eight Panasonic Toughbook Tablet PCs from GTSI Corp. for the total amount of $43,459.55. Temeku Hills) RECOMMENDATION: 7.1 Adopt a resolution entitled: R:/Agenda/082404 0 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LA SERENA WAY STORM DRAIN STAGE 1 (TRACT MAP NO. 23371) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN (TRACT MAP NO. 23371) Execute a Quitclaim Deed whereby the City quitclaims all rights and interests in and to a certain nrainnnp FeRement fnr I a Samna Wau Stnrm drain _ Stane 1 at Saminnla Rtraa Development RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING A QUITCLAIM DEED WHEREBY THE CITY QUITCLAIMS ALL RIGHTS AND INTERESTS IN AND TO A CERTAIN DRAINAGE EASEMENT FOR LA SERENA WAY STORM DRAIN — STAGE 1 AS OFFERED BY A DECLARATION OF DEDICATION FOR TRACT MAP NO. 23371 — TEMEKU HILLS R:/Agenda/082404 10 Authorize Temporary Street Closure of Main Street between Old Town Front Street and Puiol Street for the Temecula -On -Stage Event scheduled for September 4, 2004 and delegate authority to issue a Special Events/Street Closures Permit to the Director of Public Works/City Engineer 11 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE TEMECULA-ON-STAGE EVENT SCHEDULED FOR SEPTEMBER 4, 2004, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES RECOMMENDATION: 11.1 Approve Tract Map No. 31042 in conformance with the conditions of approval. 12 Winchester Road Widening — Proiect No. PW00-27 — Acquisition Agreement — California Bank and Trust RECOMMENDATION: 12.1 Approve and authorize the Mayor to execute substantially the form attached hereto the Purchase and Sale Agreement between the City of Temecula and California Bank and Trust as successor -in -interest to First Pacific National Bank for the acquisition of certain real property in the amount of $59,500.00 plus the associated escrow fees; 12.2 Direct the City Clerk to record the document; 12.3 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 R:/Agenda/082404 13 Award of Construction Contract for Winchester Road Widening at Jefferson Intersection — Proiect No. PW00-27 =0101&I,to►Foy-w",' 13.1 Award a construction contract for the Winchester Road Widening at Jefferson Intersection — Project No. PW00-27 — to Riverside Construction, Inc. in the amount of $1,607,570.00; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $160,757.00 which is equal to 10% of the contract amount; 13.3 Approve an appropriation in the amount of $775,000.00 from General Fund Capital Reserves to the Winchester Road Widening at Jefferson Avenue Intersection Project — Project No. PW00-27. 14 Second Reading of Ordinance No. 04-08 (Old Town Specific Plan) RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ZONING AND HISTORIC PRESERVATION STANDARDS FOR THE OLD TOWN SPECIFIC PLAN (PLANNING APPLICATION NO.03-0158) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY x+x�� R:/Agenda/082404 TEMECULA COMMUNITY SERVICES DISTRICT MEETING *#**************Y*#*#*************##*#***Y#YYk#*#*##********************************k****#*#*******kY*Y**kk*kk*kk Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-11 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of August 10, 2004 RECOMMENDATION: 2.1 Award a construction contract for Project No. PW04-10CSD — Veterans' Memorial Project — to SFM Constructors, Inc. in the amount of $160,000.00 and authorize the President to execute the contract; 2.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,000.00 which is equal to 10% of the contract amount; R:/Agenda/082404 2.3 Approve an appropriation in the amount of $40,000.00 from General Fund Capital Reserves to the Veterans' Memorial Project — Project No. PW04-10CSD. 3 Acceptance of Landscape Easement Deeds from property owners within Tract Map Map No. 19872 — adiacent to Pechanga Parkway RECOMMENDATION: 3.1 Accept 24 Landscape Easement Deeds from property owners within Tract Map No. 19872 — adjacent to Pechanga Parkway; 3.2 Authorize the City Clerk to record the Landscape Easement Deeds. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, September 14, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/082404 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER ROLL CALL PUBLIC COMMENTS Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-09 Chairperson Jeff Comerchero AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of August 10, 2004 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS'REPORTS ADJOURNMENT Next regular meeting: Tuesday, September 14, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/082404 *t***********#+#++t#+ttt#t+t+*t*********t+++##+#*************#t+t++********+*+*#+t+********#t#+t********tt*++t*t TEMECULA PUBLIC FINANCING AUTHORITY t****###*#++++++++++++++*+t*t********#+++*ttt+tt*******#*#*#t+tt+t+********+*++tttt*******+tt+tt********+t+tt+*** Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-08 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of August 10, 2004. Formation of Community Facilities District — Roripauoh Ranch RECOMMENDATION: 2.1 Adopt a resolution entitled: R:/Agenda/082404 10 RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH 03-02 2.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS'REPORTS ADJOURNMENT R:/Agenda/082404 11 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 15 Appointment of City Council Subcommittee for the Temecula Hospital (at the request of Mayor Naggar) �K� uI�I�L�►1�L•ti�[iP►F 15.1 Appoint a City Council Subcommittee to work with staff on the Temecula Hospital project. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council Meeting, Tuesday, September 14, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/082404 12 PROCLAMATIONS PRESENTATIONS # §> 0\ § cd u \ \ ./� d 3 \ �\ / §\\\ =u \k/\ ƒ ( / ° u / � o /2 / k ƒ ƒ ƒ •\ /N ° ƒ3 Z/9 ) �/\ ^ C 8 / ° 2 2 .\/y / 2 ¥/ o / % » $k/ /4 m /@ %r to \>1/ ( 5 u 5 5 \ ITEM 1 ITEM 2 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,379,942.12. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 24`h day of August, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:/Resos 2004/Resos 04- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 24`h day of August, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- CITY OF TEMECULA LIST OF DEMANDS 08/05/04 TOTAL CHECK RUN: $ 1,129,483.15 08/12/04 TOTAL CHECK RUN: 873.495.18 08/12/04 TOTAL PAYROLL RUN: 376,963.79 TOTAL LIST OF DEMANDS FOR 08/24/04 COUNCIL MEETING: $ 2,379,942.12 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 609,147.27 165 RDA DEV-LOW/MOD SET ASIDE 13,142.03 190 COMMUNITY SERVICES DISTRICT 289,024.05 192 TCSD SERVICE LEVEL B 40,176.93 193 TCSD SERVICE LEVEL C 60,341.42 194 TCSD SERVICE LEVEL D 833.74 210 CAPITAL IMPROVEMENT PROD. FUND 597,182.88 261 CFD 88-12 ADMIN EXPENSE FUND 3,901.78 274 AD 03-4 JOHN WARNER IMPRV FUND 275,637.25 280 REDEVELOPMENT AGENCY-CIP 18,637.92 300 INSURANCE FUND 14,598.09 320 INFORMATION SYSTEMS 41,413.25 330 SUPPORTSERVICES 17,428.06 340 FACILITIES 21,513.66 $ 2,002,978.33 001 GENERAL FUND $ 236,738.57 165 RDA-LOW/MOD SETASIDE 5,525.46 190 COMMUNITY SERVICES DISTRICT 98,640.19 192 TCSD SERVICE LEVEL B 110.89 193 TCSD SERVICE LEVEL C 5,419.07 194 TCSD SERVICE LEVEL D 805.49 280 REDEVELOPMENT AGENCY-CIP 2,535.13 300 INSURANCE FUND 1,055.14 320 INFORMATION SYSTEMS 17,514.59 330 SUPPORTSERVICES 2,024.69 340 FACILITIES 6,594.57 376,963.79 TOTAL BY FUND: $ 2,379,942.12 PREPARED BY YONKER, ACC U WG SP IALIST I 9 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENROM,CTOR FINANCE I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER apChkLsl 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 361 08/12/2004 000444 INSTATAX (EDD) State Disability Ins Payment 18,324.88 18,324.88 362 08/12/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 71,745.71 71.745.71 363 08/12/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 20,664.61 20,664.61 364 08/12/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 74,287.33 74.287.33 365 08/12/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 5,727.76 5,727.76 366 08/12/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 60,837.15 60,837.15 93653 08112t2004 006044 A 0 N CONSULTING Retiree Health Benefits Actuarial rept 5,000.00 5.000.00 93654 08/12/2004 003552 A F L A C AFLAC Cancer Payment 1,747.20 1,747.20 93655 OW1212004 004973 ABACHERLI, LINDI TCSD instructor earnings 412.80 TCSD instructor earnings 114.00 526.80 93656 08/12/2004 000434 ACCELA.COM Permits Plus fee structure tmg 2,106.90 2,106.90 93657 Oatl2/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 25.21 25.21 93658 01/02/2004 002877 ALTA LOMA CHARTER LINES Day Camp transportation: Sea World 1,804.50 SMART transportation: Science Ctr 601.50 SMART transportation: Castle Prk 455.14 Day Camp transportation: Brunswick 403.01 3,264.15 93659 08/12/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 480.00 480.00 93660 08/12/2004 007961 ANIN, CATHERINE Refund: Security Depst TCC 100.00 100.00 93661 08/12/2004 000101 APPLE ONE, INC. Temp help PPE 7/24 Wills 697.60 Temp help PPE 7124 James 594.00 Temp help PPE 7/24 Alexander 333.96 1,625.56 93662 08/12/2004 001323 ARROWHEAD WATER INC Bottled wtr servs @ C.Museum 72.77 72.77 93663 08/12/2004 003203 ARTISTIC EMBROIDERY TCSD mntc uniforms shirts 252.14 252.14 Paget apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93664 08/12/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Shawn Nelson 2579988 71.00 Membership: Mario Munoz 25868902 44.00 115.00 93665 08/12/2004 004778 BERRYMAN & HENIGAR INC July temp B&S inspector help 11,640.75 11,640.75 93666 08/12/2004 005312 BITCH'N STITCH'N Safe Driver Award Jackets 624.95 624.95 93667 08/12t2004 007496 BOND BLACKTOP INC Rel Retention: Asphalt crackfill prjt 8,972.20 8,972.20 93668 08/12t2004 007967 BRAMHALL, MARTYN Refund: Skyhawks Beginning Golf 105.00 105.00 93669 08/12/2004 007974 BREAZEAL, DARLENE Refund: Security Depst CRC 100.00 100.00 93670 08/12/2004 002099 BUTTERFIELD ENTERPRISES Aug Old Town restroom rent pmt 826.00 826.00 93671 08/12t2004 003138 CAL MAT PW patch truck materials 1,510.31 1,510.31 93672 08/12/2004 001590 CALIF REDEVELOPMENT ASSN RDA 1154 membership dues 6,280.00 6,280.00 93673 08/12/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 29.18 29.18 93674 08/12t2004 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 797.20 797.20 93675 08/12/2004 000131 CARL WARREN & COMPANY I Jun Claim adjuster services 2,061.97 Jul Claim adjuster services 607.66 Jun Claim adjuster services 124.48 2,794.11 93676 011/12/2004 007977 CHILDS, NORMA EE computer purchase prgm 1.292.99 1,292.99 93677 08/12/2004 005585 CHING, MARIA Reimb: Accela Conf:7/18-22/04 298.53 298.53 93678 OB/12/2004 005417 CINTAS FIRST AID & SAFETY Recreation First Aid Supplies 498.34 Skate Park First Aid supplies 257.52 755.86 93679 08/12/2004 000912 CITY CLERKS ASSN OF CALIF Nuts/Bolts Tmg:10/6-7:Childs/Rauch 520.00 520.00 93680 08/12/2004 005708 CLEAR CHANNEL BROADCASTI Hot summer nights advertising 1,017.00 1,017.00 93681 08/12/2004 007962 COLLINS, WENDY Refund:Level 415 Swim Lessons 30.00 30.00 Page2 apChkLst Final Check List Page: 3 08112/2004 10:35:47AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93682 OB/12t2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 93683 08/12/2004 001193 COMP U S A INC Computer Supplies: Into System 281.24 Computer Supplies: Info System 62.47 Computer Supplies: Info System 37.70 381.41 93684 08/12/2004 000442 COMPUTER ALERT SYSTEMS Install Cameras & DVR ® C.Museum 2,400.00 2,400.00 93685 08/12/2004 007960 COX COMPANY, THE TCSD instructor earnings 179.20 179.20 93686 08/12/2004 003945 DIAMOND ENVIRONMENTAL Aug C.Museum portable restroom rent 114.95 Aug BOfld Prk portable restroom rental 57.48 172.43 93687 08/12t2004 004417 DISCOUNT SCHOOL SUPPLY C.Museum activities supplies 1.698.05 1,698.05 93688 08/12/2004 002701 DIVERSIFIED RISK July special events premiums 1,702.48 1,702.48 93689 08r1212004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 1,126.02 Fuel for city vehicles: PW mntc 61353 615.50 Fuel for city vehicles: Land Dev. 6134 475.65 Fuel for city vehicles: B&S 61348 422.04 Fuel for city vehicles: CIP 61351 284.45 Fuel for city vehicles:Planning 61347 276.38 Fuel for city vehicles: Traffic 61953 134.85 Fuel for city vehicles: Planning 61384 83.90 Fuel for city vehicles: CM 61863 20.98 Fuel for city vehicles: City Van 14.87 3,454.64 93690 08/12/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 7/23 Novotny 1,290.38 Temp help PPE 7/23 Cammarota 1,247.84 Temp help PPE 7/23 Barrada 1,220.40 Temp help PPE 7/23 Lontok 1,200.00 Temp help PPE 7/23 Gutierrez 1,191.01 Temp help PPE 7/09 Barreda 1,118.70 Temp help PPE 7/23 Rush 1,048.80 8,317.13 93691 08/12/2004 005115 ENTERPRISE RENT A CAR INC Large Van Rental for Day Camp 139.68 139.68 93692 08/12/2004 005251 EQUIPMENT REPAIR SERVICE Mntc/Repair PW large equipment 381.42 Mntc/Repair PW large equipment 377.23 Mntc/Repair PW large equipment 351.42 Mntc/Repair PW large equipment 304.77 1,414.84 Page3 apChklst Final Check List Page: 4 08/12/2004 10:35:47AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93693 08/12/2004 001056 EXCEL LANDSCAPE July Idscp svcs: Sports Parks 32,219.00 July Idscp svcs: South Slopes 25,731.00 July Idscp svcs: North Slopes 22,173.00 July Idscp svcs: Medians 6,924.00 July Idscp svcs: MP Sr Ctr 6,686.00 June Idscp impr. Vail Ranch Prkwy 464.00 June Idscp impr: Sr Center 72.00 94,269.00 93694 08/12/2004 000165 FEDERAL EXPRESS INC Express mail services 91.19 91.19 93695 08/12/2004 001511 FIELDMAN ROLAPP & ASSOCIA Financial analysis: Roripaugh CFD 1,294.39 1,294.39 93696 08r12/2004 001135 FIRST CARE INDUSTRIAL MED Employee first aid care 265.10 Pre -employment physicals 75.00 ee physical for dept of transportation 45.00 Pre -employment physicals 25.00 Employee random drug screening 25.00 435.10 93697 08/12/2004 007866 G C S SUPPLIES INC Printer toner supplies: Citywide 1,427.33 Printer toner supplies: Citywide 556.63 Printer toner supplies: Citywide 209.98 Printer toner supplies: Citywide 188.50 Printer toner supplies: Citywide 152.00 2.534.44 93698 08/12/2004 003946 G T ENTERTAINMENT Summer concert series announcer 100.00 100.00 93699 08/12/2004 007964 GALLERY TRADITIONS LLC Refund:Pennk Fees PA04-0474 598.00 598.00 93700 Ofttl 2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Dept 1,366.02 Office Supplies: TCSD 972.51 Office Supplies: Info System 650.40 Office Supplies: CIP 163.17 Office Supplies: City Mgr 96.49 Office Supplies: T. Museum 64.79 Office Supplies: City Clerk 60.63 3,374.01 93701 08/12/2004 004019 GOLDEN STATE FENCE COMP Install gates 0 Temeku Hills Prk 1,000.00 1,000.00 93702 08/12/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire 15.35 15.35 93703 08/12/2004 003792 GRAINGER Computer installation tools : Fire 87.55 Computer installation tools : Fire 39.98 127.53 93704 08/12/2004 007978 GRUNALER, FRANK Refund: Music -Instant Piano 25.00 25.00 Pager apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93705 08/12/2004 005311 H2O CERTIFIED POOL WATER July Pool cleaning svcs: CRC 2.236.97 2,236.97 93706 08/12/2004 007970 HANSON, MARY Refund:Summer Day Camp 210.00 210.00 93707 08/12/2004 002372 HARMON, JUDY TCSD instructor earnings 790.40 790.40 93708 O1311212004 007969 HARRINGTON, GRETCHEN Refund:Summer Day Camp 93.00 93.00 93709 08/12/2004 003106 HERITAGE SECURITY SERVIC Security guards for 4th of July Event 3,132.25 3.132.25 93710 O11112/2004 002107 HIGHMARK INC Voluntary Supp Life Insurance 663.30 663.30 93711 08/12/2004 001013 HINDERLITER DE LLAMAS & AS 4th Otr Sales tax consultingtrecovery 20,766.90 20,766.90 93712 08/12/2004 007792 HINTON, BEVERLY L. TCSD instructor earnings 69.30 69.30 93713 08/12/2004 005748 HODSON, CHERYL A. Support Payment 40.92 40.92 93714 08/12/2004 007966 HONORE, PATTI Refund:Teen Day Camp 180.50 180.50 93715 08/12/2004 007968 HUFF, HELEN Refund:Excur- Sr- Bye Bye Birdie 42.00 42.00 93716 08/12/2004 007972 HWANG, AUTUMN Refund: Security Depst CRC 100.00 100.00 93717 08/12t2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 8,086.20 8,086.20 93718 O8/12/2004 006713 INTEGRATED MEDIA SYSTEMS Fire Stn 84 tmg room audiovisual sys 4,152.98 4,152.98 93719 08/12/2004 000501 INTL INSTITUTE OF MUNICIPAL MB:JonesBallreictVDomenoe/Flores 348.00 348.00 93720 08/12/2004 001186 IRWIN, JOHN TCSD instructor earnings 320.00 320.00 93721 08/12/2004 006926 JOHNSONS AIR CONDITIONING Res impr prgm: Rosales & Urban 2,800.00 Credit: Home owner to pay directly -900.00 1,900.00 93722 08/12/2004 004813 JOLLY JUMPS Jolly Jump for City Employee Picnic 70.00 70.00 Pages apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93723 09112t2004 005928 JUTKIEWICZ, ROBIN J. TCSD instructor earnings 204.00 204.00 93724 08/12/2004 007861 KHAZAELI, JAVID, M. Hot summer nights entertainment:8/6 300.00 300.00 93725 08/12/2004 000206 KINKOS INC Stationery paper/mist supplies 61.42 61.42 93726 08/12/2004 007188 LAERDAL MEDICAL CORP. Supplies for Paramedic squad 202.56 Credit: Returned merchandise -102.37 100.19 93727 08/12/2004 004412 LEANDER, KERRY D. TCSD instructor earnings 1,084.00 1,084.00 93728 08/12/2004 005064 LEPOUTRE, LINDA Rel of claim for property damages 1.435.88 1,435.88 93729 08/12/2004 004697 LOW ES HIW INC Misc supplies for SMART prgm 347.42 347.42 93730 08/12/2004 003782 MAIN STREET SIGNS Var. signs for installation: PW Maint 315.17 315.17 93731 08/12/2004 004141 MAINTEX INC Custodial Supplies: Var. Parks 264.26 Custodial Supplies: CRC 241.67 Custodial Supplies: City Hall 116.95 Custodial Supplies: T. Museum 25.08 Custodial Supplies: Maint. Fac. 18.81 666.77 93732 09/12/2004 001967 MANPOWER TEMPORARY SER Temp help PPE 6127 LK/AA 33.84 33.84 93733 09/12/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 323.00 323.00 93734 01111212004 005806 MATTHEWS, CATHERINE J. Street Addressing Svcs: B&S Dept. 138.50 138.50 93735 Oa/1212004 003796 MEDIEVAL TIMES Smr Day Camp Excursion: 7/15104 2,608.50 2,608.50 93736 08/12/2004 006571 MELODY'S AD WORKS Reimb Expenses:Hot Smr Nights 423.29 Reimb Expenses: Street Painting 95.44 518.73 93737 08/12/2004 003076 MET LIFE INSURANCE Met Life Dental Payment 7,999.88 7,999.88 93738 08/12/2004 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 1,920.00 TCSD Instructor Earnings 1,520.00 3,440.00 93739 0a/12/2004 004894 MICHAEL BRANDMAN ASSOCIA 5/29-6125/04 Svcs:Pech.Pkwy, Ph 2 367.80 Credit: excess mileage -56.80 311.00 PageB apChkLst Final Check List Page: 7 OB/12/2004 10:35:47AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 93740 08/12/2004 007669 MILES, KATRINA (Continued) Description Amount Paid Check Total TCSD Instructor Earnings 546.00 546.00 93741 08/12/2004 001384 MINUTEMAN PRESS envelopes for HR dept 575.43 business cards:PB/KG/JS/GR 459.45 business cards:JO/AA/RH 272.55 business cards:PWRW/MV/DC/SD/M 256.98 business cards:R. Shabec 42.83 93742 08/12/2004 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 89.60 TCSD Instructor Earnings 80.00 TCSD Instructor Earnings 72.00 TCSD Instructor Earnings 40.00 93743 08/12/2004 005887 MOFFATT & NICHOL ENGINEER 5/30-6/26/04 Svcs: F.V.Pkwy/1.15 13.860.41 93744 08/12/2004 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 352.00 93745 08/12/2004 007963 MSGT LUTHER CATCHINGS US Refund:Sec.Deposit:TCC 100.00 93746 08/12/2004 004522 MULLIGANS FAMILY FUN CENT Smr Day Camp Excursion:8/5/04 323.57 93747 08/12/2004 002898 NIXON EGLI EQUIPMENT COMP MainUParts: PW Asphalt Truck 1,840.94 93748 08/12/2004 002139 NORTH COUNTY TIMES 8/23/04-8/22/05:Pln:219397 106.80 93749 08/12/2004 006592 O'DONNELL SCHOOL OF MUSI TCSD Instructor Earnings 672.00 93750 08/12/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 141.41 City Vehicle Repair/Maint Svcs 123.60 93751 08/12/2004 004491 OLD TYME FOLK Entertainment: Hot Smr Nights: 8/6104 300.00 93752 OW12/2004 003218 PELA Jun Plan Check Svcs: TCSD 2,750.00 Jul Plan Check Svcs: TCSD 500.00 93753 08/12/2004 001958 PERS LONG TERM CARE PROG PERS Long Tenn Care Payment 288.55 93754 011/12/2004 000249 PETTY CASH Petry Cash Reimbursement 553.32 Petry Cash Reimbursement 255.42 Petry Cash Reimbursement 88.63 Petry Cash Reimbursement 12.04 1,607.24 281.60 13,860.41 352.00 100.00 323.57 1,840.94 106.80 672.00 265.01 300.00 3,250.00 288.55 FelI1[i Page:? apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93755 08/12/2004 000580 PHOTO WORKS OF TEMECULA Jul Film/Photo Dev:TCSD 66.60 66.60 93756 08/12/2004 005939 POMMER, APRIL I. TCSD Instructor Earnings 128.00 128.00 93757 08/12/2004 006084 POWER DISTRIBUTORS INC Sports Park Electrical Services 555.00 555.00 93758 08/12/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 324.85 324.85 93759 08/12/2004 003155 PRICE CHOPPER INC Public Swim W ristbands:Aquatics Prg 290.00 Wristbands/tickets: C. Museum 232.00 522.00 93760 08/12/2004 005067 PURSUIT TECHNOLOGY INC Hardware/on-board comp. mounts 1,072.78 1,072.78 93761 08/12/2004 007976 QUINANOLA, G. DELMAR Refund: Excur-Queen Mary 85.00 85.00 93762 08/12/2004 007973 R. PIERCE & COMPANY, INC Refund:Sec. Deposit: CRC 7/31104 100.00 100.00 93763 08/12/2004 002612 RADIO SHACK INC Misc Supplies for I.S. Dept. 17.44 17.44 93764 08/12/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 23,651.40 Various Water Meters 697.11 Various Water Meters 365.30 Various Water Meters 128.57 24,842.38 93765 08/12/2004 000947 RANCHO REPROGRAPHICS Dup Blueprints:Roripaugh Fire Stn 1,760.13 1,760.13 93766 08/12/2004 004584 REGENCY LIGHTING Electrical Supplies: Var. Parks 557.77 557.77 93767 08/12/2004 003591 RENES COMMERCIAL MANAGE Emerg. Weed Abatement Svcs 750.00 750.00 93768 08/12/2004 002412 RICHARDS WATSON & Jun 2004 legal services 109,294.82 109,294.82 93769 08/12/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 440.00 TCSD Instructor Earnings 120.00 TCSD Instructor Earnings 48.00 608.00 93770 08/12/2004 000406 RIVERSIDE CO SHERIFFS DEP Reimb:Dec fingerprints/ID svcs 1,017.00 1,017.00 93771 08/12/2004 001365 RIVERSIDE COUNTY OF Apr -Jun 04 Vector Control Svcs 1,624.34 1,624.34 PageB apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93772 08/12/2004 000873 ROBERTS, RONALD H. Reimb:Mayors-Council Conf:7/28-8/1 18.00 18.00 93773 08/12/2004 000277 S & S ARTS & CRAFTS INC Rec Supplies: C. Museum 1,669.19 1,669.19 93774 08/12/2004 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 955.31 955.31 93775 08/12/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 93776 08/12/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 93777 O8/12/2004 005278 SCIENCE ENRICHMENT SRVCS TCSD Instructor Earnings 5,341.60 TCSD Instructor Earnings 4,732.00 TCSD Instructor Earnings 1,609.12 11,682.72 93778 08/12/2004 004609 SHREDFORCE INC Jul doe. shredding svcs: Rcrds Mgmt 110.00 110.00 93779 08/12/2004 003804 SKYHAW KS SPORTS ACADEM TCSD Instructor Earnings 2,024.00 2,024.00 93780 0811212G04 000645 SMART & FINAL INC Rec Supplies: Smr Day Camp 242.66 Rec Supplies: Smr Day Camp 110.83 Rec Supplies: Smr Day Camp 107.83 461.32 93781 08/12/2004 003002 SMOOTHILL SPORTS DISTRIB Skate Park Safety Equipment 1,553.30 1,553.30 93782 08/12/2004 000537 SO CALIF EDISON Aug 2-01-202-7330 Various Mtrs 36,637.59 Aug 2-01-202-7603 Various Mtrs 13,660.99 Aug 2-02-351-5281 CRC 7,669.47 Aug 2-00-987-0775 Vail Ranch 4,551.64 Jul 2-05-791-8807 Various Mtrs 4,015.06 Aug 2-10-331-1353 Fire Stn 84 1,319.88 67,854.63 93783 08/12/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: Parks 624.00 624.00 93784 08/12/2004 007851 SOUTHCOAST HEATING & AIR HVAC Repairs:T. MuseunvWed. Chpl. 211.05 211.05 93785 08/12/2004 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,450.00 2,450.00 93786 08/12/2004 007971 STEINMETZ, JOHN Refund:Level 1 Swim Lessons 26.50 26.50 93787 08/12/2004 006145 STENO SOLUTIONS TRANSCRI Jul transcription svcs:Police 902.08 902.08 Page9 apChkLst 08/12/2004 10:35:47AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93788 08/12/2004 004581 SWING SHIFT Entertainment:Concert Series:8/12 1,500.00 1,500.00 93789 O8/1212004 007965 SZEDLACSEK, MICHAEL Refund: Teen Smr Day Camp 151.00 Refund: Smr Day Camp 151.00 302.00 93790 08/12/2004 000305 TARGET STORE Rec Supplies: TCSD Spec. Events 22.58 22.58 93791 081102004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,742.00 3,742.00 93792 08/12/2004 000168 TEMECULA FLOWER CORRAL Sunshine Fund 134.58 134.58 93793 08/12/2004 005412 TEMECULA GARDEN & POWER Repair Equipment for PW Maint Div 10.00 10.00 93794 08/12/2004 007929 TEMECULA POLICE EXPLORER Jun Explorer Acad:9 Tem. participants 800.00 800.00 93795 08/12/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: CRC 32.33 32.33 93796 08/12/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 470.40 TCSD Instructor Earnings 160.00 TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 100.80 TCSD Instructor Earnings 100.00 971.20 93797 08/12/2004 000919 TEMECULA VALLEY UNIFIED S CHS Pool Maint/Operation Costs 61,272.12 Jun City vehicles fuel usage 665.37 Credit: Field Renovations/wrong fy -20,075.00 41,862.49 93798 08/12/2004 005994 TERRY'S VILLAGE Holiday Supplies: TCSD 212.05 212.05 93799 08/12/2004 002452 TOP LINE INDUSTRIAL Misc equip parts for PW Maint Div 32.45 32.45 93800 08/12/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 6,664.11 6,664.11 93801 Oatl212004 006192 TRISTAFF GROUP Temp Help We 7/25 Long 624.00 624.00 93802 Oatl2/2004 004132 TRUCK HYDRAULIC EQUIPMEN Maint Svcs:PW Boom Truck 543.22 Maint Sv0s:PW Boom Truck 372.00 915.22 93803 08/12/2004 004895 TUMBLES, J.W. TCSD Instructor Earnings 153.60 TCSD Instructor Earnings 76.80 230.40 93804 08/12/2004 007766 UNDERGROUND SERVICE ALE Underground svcs alert tickets:PW 105.00 105.00 Page:10 apChkLst Final Check List Page: 11 08/1212004 10:35:47AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93805 08/12/2004 000325 UNITED WAY United Way Charities Payment 373.00 373.00 93806 08/12/2004 004819 UNUM LIFE INS. CO. OF AMERI Long Tenn Disability Payment 6,686.56 6,686.56 93807 08/12/2004 000854 URBAN LAND INSTITUTE 'Creating City Center':Planning 33.07 33.07 93808 06/12/2004 004504 VAIL RANCH SELF STORAGE Aug Offsite Storage: Records Mgmt 30.00 30.00 93809 08/12/2004 006807 VANIR CONSTRUCTION Jun Constr Mgmt Svc: Comm.Theater 53,021.01 53,021.01 93810 08/12/2004 004261 VERIZON Jul root-5509 general usage 146.84 Jul root-1540 O.T. Prk Lot 89.78 Jul xxx-1999 general usage 35.19 Jul ro -0049 general usage 31.02 Jul xxx-5840 general usage 30.38 Jul xxx-5780 general usage 30.38 Jul xxx-2629 Naggar 28.01 Jul )=-2670 911 Auto Dialer 27.96 Jul xxx-2730 Elevator 27.96 447.52 93811 08/12/2004 004279 VERIZON CALIFORNIA INC. Jul access -CRC phone line 348.48 Jul access-Rvsd Cc phone line 311.15 659.63 93812 OS/12/2004 004595 WESTERN MUSEUMS ASSOCI annual mbrshp:HP/WO:4146/4147 125.00 125.00 93813 Oat1212004 002109 WHITE CAP INDUSTRIES INC Misc Supplies for PW Maint Div 190.14 190.14 93814 08/12/2004 004829 W ILSON GROUP LLC, THE Aug State lobbyist svcs for City Issues 3,500.00 3,500.00 93815 08/12/2004 000348 ZIGLER, GAIL Reimb:TP/Dpt Mtgs/Smr Movies supp 176.22 176.22 Grand total for UNION BANK OF CALIFORNIA: 873,495.18 Page:11 apChkLst Final Check List Page: 1 08/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 93515 08/05/2004 001515 A S A P Old Town weed abatement svcs 3,400.00 3,400.00 93516 08/05/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 93517 08/05/2004 004064 ADELPHIA July high speed Internet svcs 93518 O11105/2004 006915 ALLIES PARTY EQUIPMENT Hot Summer Nights equip rental Hot Summer Nights equip rental Movie night equipment rental 93519 08/05/2004 002877 ALTA LOMA CHARTER LINES SMART Sea World excursion bus sv 93520 08/0512004 003810 AMERICAN ASSOCIATION OF M Membership: Wendell Ott 86066 93521 08/05/2004 004431 AMERICAN PAYROLL INSTITU Membership: Monica Jorgenson 103 93522 Oa/0512004 000936 AMERICAN RED CROSS 93523 08/05/2004 007939 ANDERSON, RUSTY 93524 08/05/2004 000101 APPLE ONE, INC. 93525 08/05/2004 001323 ARROWHEAD WATER INC 93526 08/05/2004 003203 ARTISTIC EMBROIDERY Lifeguard training supplies:Aquatics Refund: Music- Instant Piano Temp help PPE 7/17 Wills Temp help PPE 7/3 Alexander Temp help PPE 7/17 Alexander Temp help PPE 7/10 Alexander Temp help PPE 7/24 Bryant Temp help PPE 7/10 Alexander Bottled wtr sews ® City Hall Bottled wtr sews 0 West Wing Bottled wtr sews 0 SMART prgm Bottled wtr sews 0 Chaparral Pool Bottled wtr sews @ CRC Bottled wtr sews @ TCC Bottled wtr sews 0 TESC Pool Bottled wtr sews @ T.Museum Planning Commission's Shirts 93527 08/05/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Clements,B. 14781145 21.12 40.95 217.32 217.32 110.58 601.50 196.30 165.00 8.00 50.00 697.60 377.52 333.96 261.36 94.50 84.38 732.95 456.01 129.21 101.00 84.15 60.79 42.40 38.66 44.00 21.12 40.95 545.22 601.50 196.30 165.00 8.00 50.00 1,849.32 1,645.17 59.26 44.00 Page:1 apChkLst O8105/2004 12:17:12PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check R Date Vendor Description Amount Paid Check Total 93528 08/05/2004 002713 BALLOONS GALORE C.Museum balloon decorations 448.24 448.24 93529 O8/052004 007940 BEBOUT, LINDA Refund: Music -Instant Piano 50.00 50.00 93530 08/05/2004 007942 BELLO, CHRISTINE Refund: Music -Instant Piano 25.00 25.00 93631 08/05/2004 003222 BROCKMEIER, CAROL Reimb:Accela Cf:7/18-22J04 297.10 297.10 93532 08/05/2004 004081 BUSINESS FURNITURE GROUP 6 Chairs for Planning Department 1,594.28 1,594.28 93533 08/05/2004 007941 BUTEAU, VARVAH Refund: Ex- Queen Mary 60.00 60.00 93534 08/05/2004 006908 C C & COMPANY INC Entertainment for Employee Picnic 135.00 135.00 93535 08/05/2004 001178 C M S BUSINESS FORMS INC Admin Citation fors: Code Enforce 1,544.13 1,544.13 93536 08/05/2004 005321 CALIF ASSOC OF CODE Ann'I CACE Sem:10/5-8:Parker,M. 395.00 Ann'I CACE Sem:10/5-8:Cole, T. 395.00 790.00 93537 08/05/2004 000674 CALIF CONTRACT CITIES 04/05 Annl Dues: Shawn Nelson 560.00 560.00 93538 08/05/2004 000837 CALIF DEPT OF FRANCHISE T Deduction: PIT-552981879 215.47 Deduction: PIT-552981879 168.64 Deduction: PIT-552981879 98.97 483.08 93539 08/05/2004 004971 CANON FINANCIAL SERVICES, Jul lease for Stn 83/Stn 12 copiers 6,930.78 Aug lease for Stn 83/Stn 12 Copiers 6,930.78 Aug lease for Stn 73 Copier 328.63 Jul lease pmt for Stn 73 Copier 328.63 14,518.82 93540 08/05/2004 007937 CASTANEDA, LISA Refund: Level 1 Swim Lessons 30.00 30.00 93541 08/05/2004 004381 CENTER FOR HEALTHCARE ACLS Training Certificates 50.00 50.00 93542 O11105/2004 005417 CINTAS FIRST AID & SAFETY PW mntc First Aid supplies 141.73 141.73 93543 08/05/2004 007W CLARK, BRIAN B. Refund: Eng Depst: TR3883 Lot 198 995.00 995.00 93544 08/05/2004 003739 COTTON BRIDGES ASSOCIATE May -Jun General plan update svcs 7,415.39 7,415.39 Page2 apChkLst Final Check List Page: 3 08/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 93545 08/05/2004 004123 D L PHARES & ASSOCIATES Aug rent for police storefront 2,186.14 July rent for police storefront 2,086.14 4,272.28 93546 08/05/2004 001393 DATA TICKET INC June Parking citation processing 218.19 June parking citation processing 200.00 418.19 93547 08/05/2004 002990 DAVID TURCH & ASSOCIATES August Federal lobbyist Svcs 3,000.00 3,000.00 93548 08/05/2004 004417 DISCOUNT SCHOOL SUPPLY Imagination wrkshp toddlers furniture 93549 08/05/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 7/23 Grove Temp help PPE 7/9 Gutierrez 93550 08/05/2004 000395 ECONOMIC DEVELOPMENT CO FY 04105 Economic Devel funding 93551 08/05/2004 005115 ENTERPRISE RENT A CAR INC TVM Summer Explorers van rental TVM Summer Explorers van rental 93552 W05/2004 006487 EUROPEAN CAFE & VINEYARD Employee Otdy Luncheon 93553 08/05/2004 002797 EXPERTEES"""""` 93554 08/05/2004 000166 FEDERAL EXPRESS INC Code Enforcement Uniforms Dignitary's shirts from City Council Code Enforcement Uniforms Deduction: PIT-552981879 Deduction: PIT-552981879 Deduction: PIT-552981879 Express mail services 1,038.29 2,213.60 1,190.27 22,500.00 139.68 139.68 2,121.39 861.86 674.55 395.88 -98.97 -168.64 -215.47 78.56 1,038.29 3,403.87 22,500.00 279.36 2.121.39 1,449.21 78.56 Page3 apChkLst Final Check List Page: 4 O6/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93555 08/05/2004 003347 FIRST BANKCARD CENTER 003716 SO CAL CINEMAS HP Day camp Movie excursion 880.00 006937 SOUTHWEST AIRLINES HP Aidare:League CS:7/28.30: Fox 644.10 001256 MARRIOTT HOTEL HP HU:League CS:7/28-30: Fox 548.07 000845 NATIONAL LEAGUE OF CITIES FIR '04 NLC Conf:11/30.12/4 430.00 007315 INLAND CASH REGISTER HP New cash register tmg svcs 378.00 001060 HYATT RR Hotel for Long Beach Cf 7/6 212.80 001256 MARRIOTT HOTEL RR Hotel for Monterey Cf 7/14 182.69 007946 PEONY CHINESE CUISINE DU Refshmnts: Planning Comm Mtg 166.60 002534 CATERERS CAFE AE Refreshments: Staff Team Bldg 126.40 007949 WESTERN ARTS ALLIANCE HP Mb: Hartman Parker 000041 100.00 003716 SO CAL CINEMAS HP Day camp Movie excursion 96.00 002534 CATERERS CAFE HP Refshmnts:Library design Comm 95.72 000152 CALIF PARKS & RECREATION S HP Theater Mgr advertising svcs 75.00 003964 OFFICE DEPOT BUSINESS SVS JS Misc office supplies: Council 61.14 007023 HUNGRY HUNTER DU Refshmnts: General Plan Advisory 56.85 007029 BLACK ANGUS GY Refrshmnts: Traffic Safety Mtg 54.09 007048 ORIGINAL ROADHOUSE GRILL GY Refrshmnts: HR Tech Orel board 53.05 007401 VOLKER LUTZ ENTERPRISES, I GY Refrshmnts:ADA Tmg Mtg 27.21 006937 SOUTHWEST AIRLINES RR add't airfare fees:'04 Mayor Cf:7/ 16.00 4,203.72 93556 08/05/2004 001135 FIRST CARE INDUSTRIAL MED New hires pre -employment physicals 103.00 103.00 93557 08/05/2004 007934 FIRSTLINE INC. Refund: Security depst Picnic Shelter 93558 08/05/2004 004239 FISHER SEHGAL YANEZ INC June reimbursable: Old Town Theater 93559 08/05/2004 007682 FLYING ADVENTURES City tourism ad in Flying Adventures 93560 08/05/2004 007691 GIANT RV Police ATVs enclosed trailer 93561 08/05/2004 005566 GLADSTONE, LESLIE T., TRUS Tower Rental FY 02/03 & FY 03/04 100.00 100.00 1,843.75 1,843.75 1,250.00 1,260.00 6,496.19 6,496.19 6,476.13 6,476.13 Page:4 apChkLst Final Check List Page: 5 08/O5/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check M Date Vendor Description Amount Paid Check Total 93562 08/05/2004 007935 GRIEBE, MICHELLE Refund: Toddler Swim Lessons 40.00 40.00 M63 08/05/2004 004053 HABITAT W EST INC July svos to restore Lg Cnyn habitat 93564 O11105/2004 007938 HAIGLER, TAMMY Refund: Parent & Me Swim Lessons 93565 08/05/2004 000186 HANKS HARDWARE INC Hardware supplies: TCSD Hardware supplies: PW St Mntc Hardware supplies: Aquatics Hardware supplies: C.Museum Hardware supplies: Old Town Hardware supplies: T. Museum Hardware supplies: Sr. Center Hardware supplies: PW Inspectors Hardware supplies: Fire Sins Hardware supplies: CRC Hardware supplies: City Hall 93566 O11105/2004 007936 HESSELGESSER, MICHELLE Refund: Gymnastics -Early Tumblers 93567 08/05/2004 001407 INTERVALLEY POOL SUPPLY I Pool sanitizing chemicals 93568 08/05/2004 007944 JARMON, JAMETRA Refund: Aquatics- Private Lesson 93569 O11/05/2004 000203 JOBS AVAILABLE INC Theater Mgr Recruitment ad 93570 08/05/2004 007933 JOHNSON & LEASURE LLP Refund witness fee not needed 93571 08/05/2004 003046 K F R O G 95.1 FM RADIO 93572 08/05/2004 007276 K G T V 93573 08/05/2004 007861 KHAZAELI, JAVID, M. 93574 08/0512004 000548 KIPLINGER LETTER, THE 93575 Oa/05/2004 003631 KLEINFELDER INC 93576 08/05/2004 004122 KRUEGER, KIMBERLEE broadcasting of Hot Summer Nights Hot Summer Nights website ad broadcasting Street Painting Event Hot Summer Nights entertainment Finance Subscription:Calif Letter June prgss: R.C.Bridge Widening Reimb: Accela Conf:7/18-21 558.33 30.00 1,164.19 831.55 192.88 155.16 81.36 76.75 41.90 40.07 36.74 33.84 32.95 88.00 353.96 40.00 55.20 450.00 1,536.00 150.00 150.00 300.00 73.00 1,863.00 113.62 558.33 2,687.39 88.00 353.96 40.00 55.20 450.00 1,536.00 300.00 300.00 73.00 1,863.00 113.62 Pages apChkLst O11I05/2004 12:17:12PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93577 08/05/2004 000209 L & M FERTILIZER INC Fire Prevention plans & files cart 307.09 307.09 93578 08/05/2004 001719 L P A INC June design prgss:T.Library Prjt 52,817.01 June design prgss:T.Library Pdt 40,331.73 March design prgss:T.Library Pqt 14,619.61 March design prgss:T.Ubrary Pdt 3,720.00 June design prgss:T.Library P6t 2,275.41 113,763.76 93579 08/05/2004 007943 LEHTO, MICHELLE Refund: Sol Adv Camp tmsfr Skyhawk 26.50 26.50 93580 08/05/2004 000482 LEIGHTON CONSULTING INC June Geotech svcs R.C.Rd Widening 4,127.50 4,127.50 93581 08/05/2004 003782 MAIN STREET SIGNS Street name signs/ovedays 247.83 247.83 93582 O1110512004 004141 MAINTEX INC Custodial Supplies: City Hall 118.56 Custodial Supplies: CRC 14.83 133.39 93583 08✓05/2004 001967 MANPOWER TEMPORARY SER Temp Help PPE 6/27 LK/AA/JD/JN 3,868.97 3.868.97 93584 08/05/2004 004803 MAPLOGIC CORPORATION ArcGIS Maplex (win) Single:GIS Div 2,015.00 2,015.00 93585 OS/0512004 007951 MARSH, VALERIE Refund:Excur/reen-Raging H2O 60.00 60.00 93586 08105t2004 006736 MARTINEZ, LOURDES Refund:Toddler Swim Lessons 30.00 30.00 93587 08/05/2004 007214 MAUREEN KANE & ASSOCIATE Tech TracUClerk Tm:9/7-10/04 1,760.00 1,760.00 93588 08/0512004 007947 MCKNIGHT, NANCY L. Refund: business license ovrpmt 35.00 35.00 93589 08/05/2004 003800 MCLAUGHLIN ENGINEERING Prgs pmt #10: J.Wamer Rd Impr 309,901.66 Credit: Exceeds contract argmnt -34,264.41 275,637.25 93590 08/05/2004 006571 MELODY'S AD WORKS Mrkting svcs: Hot Summer Nights 3,000.00 3,000.00 93591 08/05/2004 004208 MILANOS Rfrshmnts: Council Mtg: 7127/04 225.00 225.00 93592 08/05t2004 007870 MILLER, ROBERT Refund:Beginning Golf 105.00 105.00 PageB apChkLst Final Check List Page: 7 08/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93593 08/05/2004 001384 MINUTEMAN PRESS Ltrhead/Envelopes: T. Mus.lrCSD 860.81 ENVELOPES: MPSC/TCC/CRC/C.H. 783.83 Envelopes/Stationary:Finance 313.39 Business Cards: Tem. Citizen volunte 147.18 Envelopes: City Mgrs Dept. 142.75 2,247.96 93594 08/05/2004 004534 MOBILE SATELLITE VENTURES Aug EOC Stn Satellite Phone Svcs 70.75 70.75 93595 08/05/2004 007673 MOROVISION NIGHT VISION Night vision scope:Police 12,349.77 12,349.77 93596 OatO5/2004 001986 MUZAK -SOUTHERN CALIFORN Jul "ON -HOLD" Phone music:City Hall 120.86 Aug "ON -HOLD" Phone music:City Hall 120.86 Aug music broadcast:Old Town 64.86 306.58 93597 08/05/2004 006077 N T H GENERATION COMPUTIN Engineering Time:SAN support:6/29 877.50 877.50 93598 Oat05/2004 002292 OASIS VENDING City Hall Coffee/Kitchen Supplies 210.06 210.06 93599 08/05/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 229.76 City Vehicle Repair/Maint Svcs 171.62 City Vehicle Repair/Maint Svcs 88.84 City Vehicle Repair/Maint Svcs 80.74 570.96 93600 08/05/2004 007931 PALMER, CYNTHIA Ldscp Reimb: Pechanga Pkwy 100.00 100.00 93601 08/05/2004 001880 PELI GUARD PRODUCTS Lifeguard Swimsuits 162.10 162.10 93602 08/05/2004 001999 PITNEY BOW ES ink for postage machine: Stn 84 104.19 Sep -Dec Postage Meter Rental: Stn 8 63.85 168.04 93603 08/05/2004 000254 PRESS ENTERPRISE COMPAN Jun Display Ads: RDA/TCSD 4,384.50 Jun Recruit Ads for H.R. Dept. 2,937.27 7,321.77 93604 08/05/2004 003697 PROJECT DESIGN CONSULTAN 5/10-6/6 Prof Svcs: SR79 Medians 5,245.00 5,245.00 93605 08/05/2004 004529 QUAID TEMECULA HARLEY-DA Police motorcycle purchase 8,717.54 8,717.54 93606 08/05/2004 002012 R D 0 EQUIPMENT COMPANY Back Hoe Maint: PW Maint Div 75.02 75.02 93607 08/05/2004 004792 R H A LANDSCAPE ARCHITECT Consulting Svcs: V.Ranch Park 450.00 450.00 93608 Oa/05/2004 004457 R J NOBLE COMPANY Prgs Pmt #6:R.C.Rd Widening 213,343.85 213,343.B5 Page:? apChkLst Final Check List Page: 8 OB/OS/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 93609 08/05/2004 000262 RANCHO CALIF WATER DIST Jul 01-99-02003-0 Floating Mir Jul 02-79-10100-1 NW Sports Prk 93610 08/05/2004 000947 RANCHO REPROGRAPHICS Blueprints:Winch. Rd Widening Bluepdnts:V.R.Middle School Bluepdnts:V.R.Middle School Blueprints: Sports Complex Blueprints:Winch. Rd Widening 93611 08/05/2004 007955 RAND, ANGELICA Refund:Music-Intro to Guitar 93612 08/O5/2004 004584 REGENCY LIGHTING Electrical Supplies: C. Museum Electrical Supplies: C. Museum 93613 O11105/2004 002110 RENTAL SERVICE CORPORATI equip maint: PW Maint Div equip maint: PW Maint Div 93614 08/05/2004 003773 REUBEN H FLEET SCIENCE CE SMART Excursion: 7/15/04 93615 08/05/2004 000266 RIGHTWAY Jul equip rental - Paseo Park Jul equip rental - Lng Cyn Crk Prk Credit: Svcs rendered through 7/10 Credit: Svcs rendered through 7/10 93616 08/05/2004 000362 RIVERSIDE CO ASSESSOR Jun assessor maps: B&S Dept. Credit: 3 maps returned 93617 08/05/2004 000353 RIVERSIDE CO AUDITOR LAFCO cost allocation svcs 93618 08/05/2004 000357 RIVERSIDE CO Apr -Jun Traf Sgnt/Safety Lighting Mnt 93619 08/05/2004 007830 ROAD BUILDERS INC Prgs Pmt #1:Pechanga Pkwy Ph II 93620 08/05/2004 007950 ROGERS-QUACKENBUSH, CO Refund:Day Camp 93621 O6/05/2004 005107 RUSSELL, ELIZABETH 93622 O11105/2004 007346 SAN DIEGO STATE U 93623 08/05/2004 006615 SCAN NATOA INC 93624 Oa/05/2004 007932 SEDA, TIFFANY Refund:Level 4/5 Swim Lessons FY 03104 tower rental-Temeku Lookou FY 04/05 membership dues:P.Ruse Refund:Level 2 Swim Lessons Amount Paid 2,044.95 97.24 461.60 115.40 49.46 37.66 8.24 135.00 204.08 100.60 808.11 43.10 220.20 60.78 59.79 -15.19 -40.79 12.00 -9.00 4,455.68 35,730.00 162,933.30 108.00 30.00 3,600.49 75.00 30.00 Check Total 2,142.19 672.36 135.00 304.68 851.21 220.20 64.59 3.00 4,455.68 35,730.00 162,933.30 108.00 30.00 3,600.49 75.00 30.00 PageB apChkLst Final Check List Page: 9 08/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check p Date Vendor Description Amount Paid Check Total 93625 08/05/2004 006554 SHAFFER, FRED Perfonnance:Hot Smr Nights: 7/9,30, 900.00 900.00 93626 O11105/2004 004609 SHREDFORCE INC Document Shred Svcs:P.D. O.T. Stn 24.00 24.00 93627 08/05/2004 004814 SIMON WONG ENGINEERING I Jun Dsgn Svcs:Main Street Bridge 5,980.93 5,980.93 93628 08/05/2004 007952 SKINNER, ROBERT Refund:Day Camp 288.00 288.00 93629 O11105/2004 000645 SMART 8 FINAL INC Supplies:ee luncheon/new hires 78.58 Roe Supplies: SMART Prgm 12.21 90.79 93630 08/05/2004 000537 SO CALIF EDISON Jul 2-00-397-5042 City Hall 7,632.13 Jul 2-20-798-3248 C. Museum 2,363.20 Jul 2-024502-8077 Maint Fac 2,145.49 Jul 2-10-331-2153 TCC 1,203.58 Jun 2-19-683-3263 Various Mfrs 1,047.91 Jul 2.00-397-5067 Various Mtrs 923.65 Jul 2-22-575-0876 O.T. Front St. 239.59 Jul 2-18-528.9980 Santiago Rd 48.04 15,603.59 93631 08/05/2004 000282 SO CALIF MUNICIPAL ATHLETI Softball Rulebooks:Sports Prgm 900.00 900.00 93632 08/05/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: City Facilities 285.00 Pest Control Svcs: OakhilVLa Serena 102.00 387.00 93633 08/05/2004 005786 SPRINT 6/15-7/14104 Cell Phone Svcs 6,244.93 Phones:C.WJT.TIPlanning 1,563.16 Credit: Warranty Replacement -646.49 7,161.60 93634 08/05/2004 000293 STADIUM PIZZA Rfrshmnts: Marg Prk:SMART Prgm 62.98 Rfrshmnts: Temeku Prk:SMART Prgm 62.98 Rfrshmnts: Pala Prk:SMART Prgm 62.97 Rfrshmnts: V.Ranch Prk:SMART Prg 62.97 251.90 93635 08/05/2004 004420 STATE COMP INSURANCE FUN July 2004 workers' comp premium 75,846.90 75,846.90 93636 Oa/05/2004 007953 STRANGE, CYNTHIA Refund:Day Camp 190.00 190.00 93637 08/05/2004 007948 SVETE, TAWNY Refund: Ex: Queen Mary 30.00 30.00 93638 08/05/2004 000305 TARGET STORE Rec Supplies: Summer Day Camp 256.46 256.46 Pages apChkLst Final Check List Page: 10 08/05/2004 12:17:12PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93639 08/05/2004 006465 TEMECULA AUTO REPAIR Medics Vehicle Repair/Maint Svcs 1,449.90 Fire Prev Vehicle Repair/Maint Svcs 339.51 Fire Prev Vehicle Repair/Maint Svcs 28.75 1,818.16 93640 08/05/2004 000307 TEMECULA TROPHY COMPAN Name tag/Nameplate: G. Youmans 17.51 17.51 93641 08/05/2004 007954 TERHORST, LINDA Refund: Ex: Queen Mary 60.00 60.00 93642 08/05/2004 007956 THOMPSON, CARA Refund:Exercise-Belly Dance Int. 35.00 35.00 93643 O11105/2004 003862 THYSSENKRUPP ELEVATOR. Jul -Sep Inspect/Svc Elevator:T.MusJC 900.00 Jul InspecVSvc Elevator: Maint Fac 125.00 1,025.00 93644 08/05/2004 004981 UNISOURCE SCREENING 8 7/1-15t04 Background Screening Svc 96.00 96.00 93645 08/05/2004 007926 V R SERVICES Repair 3 recliners @ Stn 92 200.00 200.00 93646 08/05/2004 004261 VERIZON Jul xxx-1408 P.D. O.T. Stn 367.39 Jul xxx-2016 general usage 104.36 Jul xxx-9897 general usage 89.78 Jul xxx-3526 Fire Alarm 83.87 Jul xxx-2676 general usage 27.96 673.36 93647 08/05/2004 004789 VERIZON INTERNET SOLUTION Internet svcs:xx7411 72.29 Internet svcs:xx0544 72.29 144.58 93648 08/05/2004 000339 WEST PUBLISHING CORP Jul City Hall Judicial Updates 86.20 Jun City Hall Judicial Updates 60.34 146.54 93649 08/05/2004 006661 WILLIAMS, SUSAN Reimb:Accela Conf:7/18-22/04 367.93 367.93 93650 O11105/2004 006410 WILSON, DOROTHY Refund:Day Camp/Teen Day Camp 191.00 191.00 93651 08/05/2004 003776 ZOLL MEDICAL CORPORATION Defibrillators for Medic Engines 41,586.96 41,586.96 93652 08/05/2004 005195 ZOOLOGICAL SOCIETY Wild Animal Prk: SMART prgm:7/14 859.00 Animal Education:8/07: C. Museum 150.00 1,009.00 Grand total for UNION BANK OF CALIFORNIA: 1,129,483.15 Page:10 apChkLst Final Check List Page: 11 O8/05/2004 12:17:12PM CITY OF TEMECULA 138 Checks in this report. Grand Total All Checks: 1,129,493.15 Page:11 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CE CITY MANAGER 109/ CITY OF TEMECULA AGENDA REPORT TO: City Council Ok FROM: Gran tes, Assistant to the City Manager DATE: August 24, 2004 SUBJECT: Memorandum of Understanding for Emergency Ambulance Services PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU) between the Cityof Temecula and the Countyof Riverside, Emergency Medical Services (EMS)Agency, for joint monitoring of Ambulance Services. BACKGROUND: The Riverside County Board of Supervisors earlier this year approved a Master Ambulance Agreement with American Medical Response (AMR) for emergency ambulance services. Under this agreement, AMR will provide emergency ambulance services to all areas of the County, including the City of Temecula, from April 1, 2004 through June 30, 2009. The adoption of this MOU is necessary to replace the existing MOU and will remain in place until the County contract with AMR expires on June 30, 2009. This MOU will formally recognize the City of Temecula's right to mutually review the operations of AMR, with the EMS Agency, to ensure that ambulance services provided to residents in the City meet the required standards as spelled out in the contract between the County and AMR. Currently, staff meets quarterly to review the performance of AMR to ensure that they are meeting their required service goal of responding to 90% of all calls within 10 minutes. AMR has been performing above this minimum goal for the last several years and staff is satisfied with AMR's performance to date. This MOU will allow staff to work with the EMS agency to ensure that AMR is performance remains above the acceptable standards as required in the Contract between the County and AMR. FISCAL IMPACT: There is no fiscal impact for approving this MOU. Attachment: Resolution 04- RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY • DEPARTMENT OF PUBLIC HEALTH FMFRGFNCY MEDICAL SERVICES AGENCY April 15, 2004 Susan Jones, City Clerk City of Temecula PO Box 9033 Temecula, CA 92589-9033 Dear Ms. Jones: Enclosed are three (3) copies of the City of Temecula's Memorandum of Understanding (MOU) for Joint Monitoring of Emergency Ambulance Services. This will replace the existing MOU which expired on June 30, 2003. Please sign and return all three (3) copies to: Riverside County EMS Agency ATTN: Mary Kaylor PO Box 7600 Riverside, CA 92513-7600 One (1) copy of the MOU will returned to you after signature by the County of Riverside representative. Please contact me at 909-358.5029 should you have any questions. Sincerely, Mary Kaylor Assistant EMS Agency Director enclosure 4065 County Circle Drive, Riverside, CA 92503 • Mailing Address: P.O. nos 7600, Riverside, CA 92513-7600 Phone 909.358.5029 • TDD 909.358.5124 • Fax 909.358.5160 • rivcoenis.org MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas — American Medical Response Master Contract' (hereafter referred to as "the Contract'). The City of Temecula herby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: A. The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the Contract. B. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group as described in #2 below. 2. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee from the unincorporated areas, and the EMS Agency Director or designee. The term of this agreement shall begin April 1, 2004 and run through June 30, 2009, or throughout the term of the Contract if extended with the emergency ambulance provider. 4. There shall be no assessment to the City for the costs of administering the Contract or this MOU. Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. 6. City may request modified services as provided by the Contract, subject to negotiated costs or savings, and EMS Agency approval. MOU Page 2 of 2 City will invoice the County of Riverside EMS Agency annually for payment of penalties. 8. All monies collected by City under terms of this MOU will be used only for EMS system enhancements. 9. Ambulance rates will be set in accordance with County and Community Health Agency (CHA) policy with input from the involved cities. 10. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party in the MOU. 11. The participants agree to cooperate in carrying out the purposed and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. No party hereto, however, shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. Name Title Signature County of Riverside Title Signature Date Date MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas — American Medical Response Master Contract' (hereafter referred to as "the Contract'). The City of Temecula herby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: A. The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the Contract. B. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: 1. The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group as described in #2 below. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee from the unincorporated areas, and the EMS Agency Director or designee. 3. The term of this agreement shall begin April 1, 2004 and run through June 30, 2009, or throughout the term of the Contract if extended with the emergency ambulance provider. 4. There shall be no assessment to the City for the costs of administering the Contract or this MOU. 5. Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. 6. City may request modified services as provided by the Contract, subject to negotiated costs or savings, and EMS Agency approval. MOU Page 2 of 2 City will invoice the County of Riverside EMS Agency annually for payment of penalties. 8. All monies collected by City under terms of this MOU will be used only for EMS system enhancements. 9. Ambulance rates will be set in accordance with County and Community Health Agency (CHA) policy with input from the involved cities. 10. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party in the MOU. 11. The participants agree to cooperate in carrying out the purposed and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. No party hereto, however, shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. Name Title Signature County of Riverside Title Signature Date Date MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas — American Medical Response Master Contract" (hereafter referred to as "the Contract"). The City of Temecula herby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: A. The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the Contract. B. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group as described in #2 below. 2. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee from the unincorporated areas, and the EMS Agency Director or designee. 3. The term of this agreement shall begin April 1, 2004 and run through June 30, 2009, or throughout the term of the Contract if extended with the emergency ambulance provider. 4. There shall be no assessment to the City for the costs of administering the Contract or this MOU. Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. City may request modified services as provided by the Contract, subject to negotiated costs or savings, and EMS Agency approval. MOU Page 2 of 2 City will invoice the County of Riverside EMS Agency annually for payment of penalties. 8. All monies collected by City under terms of this MOU will be used only for EMS system enhancements. 9. Ambulance rates will be set in accordance with County and Community Health Agency (CHA) policy with input from the involved cities. 10. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party in the MOU. 11. The participants agree to cooperate in carrying out the purposed and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. No party hereto, however, shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. Name Title Signature County of Riverside Title Signature Date Date ITEM 4 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: August 24, 2004 SUBJECT: Settlement Agreement Clarifying Provisions of the Riverside County Multiple Species Habitat Conservation Plan Concerning Agricultural Operations RECOMMENDATION: Thatthe CityCouncil approve the Settlement Agreement for the Riverside County Farm Bureau, et al. v. County of Riverside et al. and authorize the Mayor to execute the Settlement Agreement on behalf of the City. SUMMARY: The proposed Settlement Agreement clarifies that the Western Riverside County Multiple Species Habitat Conservation Plan does provide take authorization and environmental impact mitigation for biological impacts to covered species for all current and future agricultural operations, except when commercial uses are proposed for agricultural lands. While the City of Temecula is not a party to the litigation, it is the desire of the Plaintiffs, County and the cities which are part of the MSHCP that all cities and the County interpret the MSHCP in a consistent and uniform fashion. The clarifications which are part of the Settlement Agreement will have very little effect on the City of Temecula as there are few substantial agricultural operations being conducted within the City. BACKGROUND: On June 17, 2003, the Riverside County Board of Supervisors approved the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). Since that time, the County and cities within the Plan Area approved the Plan, Implementing Agreement, and a mitigation fee. On June 22, 2004, the Federal Fish and Wildlife Service also has approved the Endangered Species Act section (10)(a)(1)(B) which puts into place the Federal permits required to implement the MSHCP. The MSHCP provides a process by which public and private projects in Western Riverside County can comply with the requirements of the Endangered Species Act. The MSHCP calls for the payment of a Mitigation Fee to acquire habitat conservation property to replace the habitat land being developed and other measures which will mitigate the impact of development on habitats for endangered species. On July 17, 2003, the Riverside County Farm Bureau along with Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, Murdock Alberhill Ranch Limited Partnership, and the Property Owners RJAgenda Reports/MSHCP Settlement Report 8 24 1 challenging the legality of the MSHCP (Riverside County Superior Court Case No. 396565). As currently worded, the Farm Bureau believes the MSHCP may be misinterpreted as requiring current and all future agricultural operations to comply with MSCHP habitat mitigation measures as a condition of receiving take authorization for covered species under the MSHCP. These habitat mitigation measures include surrey, mitigation, adjacency requirements, determination of critical habitat, and MSHCP Mitigation Fee. The purpose of the Settlement Agreement is to clarify: (1) that the MSHCP take authorization for covered species for all current and future agricultural operations is applicable to agricultural operations without the need to comply with the MSHCP habitat mitigation measures, except when commercial uses are proposed for agricultural lands; and (2) the terms and procedures under which the MSHCP provides take authorization for covered species under the MSHCP for commercial uses on agricultural properties. The provisions contained in the Settlement Agreement are non -substantive corrections and clarifications of the EIR/EIS, MSHCP, Implementation Agreement, and MSHCP Mitigation Fee Ordinance. Neither the City of Temecula nor other cities participating in the MSHCP are parties to the Farm Bureau litigation. However, the Settlement Agreement clarifications should be implemented consistently and uniformly throughout the areas subject to the MSHCP. Therefore all of the cities will be approving the Settlement Agreement as a means of implementing these clarifications. The clarifications which are part of the Settlement Agreement will have very little effect on the City of Temecula as there are few substantial agricultural operations being conducted within the City. FISCAL IMPACT: None ATTACHMENT: Settlement Agreement R.'/Agenda Reports/MSHCP Settlement Report 8 24 i SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into'between the County of Riverside, ("County"), the Western Riverside County Regional Conservation Authority ("RCA"), the City of Perris, City of Murrieta, City of San Jacinto, City of Hemet, City of Temecula, City of Beaumont ("Cities") and the Riverside County Farm Bureau ("Farm Bureau") The parties to this Agreement are sometimes referred to herein individually as "Party" and collectively as the "Parties." RECITALS A. On June 17, 2003, the County approved the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") and its associated Implementing Agreement, and certified the final MSHCP Environmental Impact Report/Environmental Impact Statement ("EIR/EIS" ). All capitalized terms not otherwise defined herein shall have the meaning given such terms in the MSHCP. B. On July 22, 2003, the County approved Ordinance No. 810.2 establishing the MSHCP Mitigation Fee. C. The Cities have approved the MSHCP, Implementing Agreement and MSHCP Mitigation Fee and made responsible agency findings for the EIR/EIS. D. The Farm Bureau is a nonprofit mutual benefit corporation whose purpose is to work toward the solution of the problems of the farm, farm home, and rural community, such as perceived adverse impacts to existing and future Agricultural Operations that may result from implementation of the MSHCP as it is currently worded. The Farm Bureau represents, protects and advances the social, economic, and educational interests of farmers within the County and State of California. E. On July 17, 2003, Farm Bureau, along with Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, Murdock Alberhill Ranch Limited Partnership, and the Property Owners Association of Riverside County filed suit against the County and its Board of Supervisors in Riverside County Superior Court ("Court"), Case No. 396565 ("Action"). F. Implementation of the MSHCP by the County and Cities will avoid and/or mitigate the adverse environmental impacts to Covered Species under the MSHCP that could result from land use activities within their respective jurisdictions, including current and future Agricultural Operations, to comply with the National Environmental Policy Act ("NEPA"), California Environmental Quality Act, ("CEQA") and the federal and California Endangered Species Acts by conserving and managing land for Covered Species and habitat protection purposes. The MSHCP provides take authorization by the Service and DFG for current and future Agricultural Operations throughout the County and Cities pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act (16 U.S.C. § 1531 et seq.), and Natural Community Conservation Planning Act (Cal. Fish and Game Code Section 2800, et seq.) and environmental impact mitigation for biological impacts to Covered Species under CEQA (Cal. Public Resources 1 of 7 Code section 21000, et seq.) and NEPA (42 U.S.C.A. section 4321, et seq.) without the need to comply with MSHCP survey, mitigation, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee, except that Expansion of Existing Agricultural Operations must comply with such MSHCP requirements in order to obtain take authorization and impact mitigation under the MSHCP unless the Expansion of Existing Agricultural Operations requiring a discretionary permit is a.) less than 50% of 1.) the existing developed building square footage or 2.) the area subject to existing permitted uses on the entire landholding (plus the area subject to uses similar to the proposed use if a discretionary permit was not previously required for the proposed use), or b.) less than two acres in size. Notwithstanding the foregoing, these exemptions do not apply to discretionary permits for projects on land that is not then included in the Agricultural Database and is being newly converted to Agricultural Operations. Expansion of Existing Agricultural Operations that do not qualify for these exemptions are defined as "Commercial Uses on Agricultural Properties." The MSHCP provides take authorization under certain terms and conditions, as clarified by this Agreement, for Commercial Uses on Agricultural Properties. G. As currently worded, the Farm Bureau believes the MSHCP may be misinterpreted as requiring current and all future Agricultural Operations to comply with MSHCP survey, mitigation, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee, as a condition of receiving take authorization for Covered Species under the MSHCP. One purpose of this Agreement is to clarify: that the MSHCP provides take authorization and environmental impact mitigation for biological impacts to Covered Species under CEQA and NEPA for all current and future Agricultural Operations without the need to comply with MSHCP survey, mitigation, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee, except; for Commercial Uses on Agricultural Properties; and the terms under which the MSHCP provides take authorization and environmental impact mitigation for Covered Species under the MSHCP for Commercial Uses on Agricultural Properties. The provisions contained within this Agreement are non -substantive corrections and clarifications of the EIR/EIS, MSHCP, Implementing Agreement, and MSHCP Mitigation Fee Ordinance. Moreover, the RCA shall ensure that participating cities apply the MSHCP and the Implementing Agreement as clarified by this Agreement. H. The County and Farm Bureau will enter into a stipulated judgment on terms consistent with the provisions of this Agreement in order to resolve a portion of the Action. NOW THEREFORE, in consideration of the mutual covenants, agreements, representations, and warranties contained in this Agreement, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Clarifications/City Approval. The County, RCA , and the Cities agree to clarify through this Agreement the provisions of the MSHCP, Implementing Agreement, and MSHCP Mitigation Fee Ordinance raised by the Farm Bureau as set forth in this Agreement and Exhibit A. The County, RCA and the Cities shall implement the MSHCP and the Implementation Agreement consistent with the MSHCP as clarified by this Agreement. The County and Farm 2 of Bureau shall use their best efforts to obtain the approval of this Agreement by the Cities within ninety days of execution by the County and Farm Bureau. 2. MSHCP Compliance and Consistency. In implementing the MSHCP, the County, RCA and the Cities will contribute to the preservation of the economic viability of Agricultural Operations as a means of preserving agricultural resources in Western Riverside County. Accordingly, except for the restricted circumstances of Commercial Uses on Agricultural Properties, Agricultural Operations are exempt from the MSHCP's mitigation requirements including, but not limited to, biological surveys, adjacency requirements, Criteria, Habitat Acquisition and Negotiation process, MSHCP Mitigation Fee, and any other MSHCP regulations which may be adopted by the County, Cities, Service or DFG. All Agricultural Operations are deemed to be consistent with the provisions of the MSHCP, as long as the landowner or agricultural operator complies with the terms of the MSHCP as clarified consistent with this Agreement. 3. Further Cooperation. The Parties agree to promptly execute and deliver any and all additional papers, documents, instruments, and other assurances, and to do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the Parties to this Agreement. 4. Authority to Sign. Each Party represents and warrants to each other Party that its signatory to this Agreement has the authority to bind the Party, and this Agreement does bind the Party. 5. Remedies. Any Party may institute legal action to cure, correct or remedy any uncured default, to enforce any covenants or agreements herein, or to obtain any remedies consistent with the purpose of this Agreement. In the case of breach or default by any party, any other party specifically reserves the right to invoke the Court's continuing jurisdiction pursuant to Section 7 below to enforce the terms of the Stipulated Judgment. 6. Attorneys' Fees. In addition to the remedies set forth in Section 5 above, in the event of any such legal action involving or arising out of this Agreement, the prevailing Party shall be entitled to recover from the losing Party, reasonable litigation expenses, attorneys' fees and costs incurred. The Parties shall bear their own costs of litigating the Action and negotiating this Agreement. 7. Settlement/Stipulated Judgment. The County, RCA and the Cities, respectively, have complied with applicable laws, regulations and policies prior to approving this Agreement. Prior to approving this Agreement, the County, Cities and the RCA, respectively, have determined that approval and implementation of this Agreement is exempt from CEQA and directed that, within five business days of their respective approvals of this Agreement, Notices of Exemption be filed and posted pursuant to State CEQA Guidelines section 15062. Within five days of execution of this Agreement by the County, the County and Farm Bureau agree to file a joint stay of proceedings or other equivalent document, to stay the Action. Within five days of the execution of this Agreement by the County and Farm Bureau, the County shall deliver a letter to Jim Bartel, Field Supervisor of the Carlsbad office of the United States Fish and Wildlife Service ("Service') and Ron Rempel, Deputy Director of the Califomia Department of Fish and 3 of Game ("DFG") in substantial conformance with the letter attached as Exhibit B requesting the Service and DFG to issue the permits and biological opinion on the MSHCP as clarified by Exhibit A and Attachment 1 to this Agreement. Within the later of forty five. days after the County, RCA, and the Cities execute this Agreement, or forty five days after the Service and DFG provide written confirmation of their issuance of the permits and biological opinion based upon the MSHCP as clarified by Exhibit A and Attachment 1, in substantial conformance with the letter attached as Exhibit "C," neither of which is then the subject of legal challenge, County and Farm Bureau will petition the Court to enter. an order in the Action containing the provisions of this Agreement, directing that the order will be included in the judgment entered in the Action, and maintaining continuing jurisdiction to enforce the provisions of this Agreement and the order and judgment thereon. The order and Stipulated Judgment shall be substantially in the form of Exhibit D. The Parties agree that the Court shall reserve and retain full jurisdiction, power, and authority to enable the Court upon noticed motion of either County or Farm Bureau, to make such further orders or directions to enforce, protect, or preserve the rights of the County and Farm Bureau consistent with the terms of this Agreement; to hear any legal challenge to the clarifications as a related case; and to issue such additional orders. and/or injunctions to prevent injury to the interests of the County or Farm Bureau that might result from any change in the MSHCP or Implementing Agreement materially different from this Agreement adversely affecting Agricultural Operations within the County. The RCA agrees to be bound by the terms of the Stipulated Judgment. The County and the Farm Bureau agree to be bound by the terms of the Stipulated Judgment and to submit themselves to the continuing jurisdiction of the Court in the Action to specifically enforce the provisions of this Agreement and the order and judgment thereon. The County, RCA and Farm Bureau agree to fully cooperate in defending this Agreement and the order and judgment thereon from any and all legal or administrative actions instituted by any third party challenging the approval or validity of this Agreement or any of its provisions and any action taken or decision made hereunder. Each party retains the right to make all reasonable decisions with respect to its representation in any such legal or administrative proceeding. 8. No Effect on Other Petitioners and Plaintiffs. The Parties acknowledge that this Agreement and the stipulated judgment will not settle the Action with respect to, and will not affect, any of the petitioners and plaintiffs in the Action besides Farm Bureau. 9. Actions in Furtherance of the MSHCP. Providing that all Parties comply with this Agreement, and all Parties, the Service and DFG implement the MSHCP consistent with this Agreement, Farm Bureau agrees not to file any litigation, or sponsor or fund any initiative, preventing or challenging the County, Cities or RCA's approval of the MSHCP, or the Service's and DFG's issuance of the permits or biological opinion on the MSHCP, expected to occur within the next six months. This Section shall not be interpreted to bind any member of Farm Bureau or to prevent Farm Bureau from acting in any manner to support or defend any of its members or to protect Farm Bureau's interests in future proceedings related to the implementation of the MSHCP. 10. Prior Negotiations and Understandings. This Agreement supersedes all prior negotiations and understandings of any kind with respect to the subject matter hereof between the Parties and contains all the terms and provisions of the agreement between the Parties with respect to the subject matter hereof. The Parties acknowledge that there are no oral 4 of TLMR Fax:9099552003 Jun 3,2004 08:31 P.02 understandings, statements or stipulations between any of them bearing upon the effect of this Agreement which have not been incorporated herein. No waiver, modification, amendment, discharge or change in the terms of this Agreement shall be valid unless the same is in writing signed by the Party against which the enforcement of such waiver, modification, amendment, discharge or change is sought. 11. Neutral Interpretation. Each Party and each Party's legal counsel has reviewed this Agreement, and the customary rule of construction to the effect that any ambiguities in this Agreement are to be resolved against the drafting Party shall not be employed in interpreting this Agreement. 12. Severability. The provisioris of this Agreement are severable, and if one or more provisions should he determined to bejudicially unenforceable, in whole or in part, the remaining provisions thereof shall nevertheless be binding and enforceable and the Parties will negotiate in good faith amendments to replace the unenforceable provisions and restore the original purpose and intent of this Agreement 13. Recitals and Exhibits. Recitals A through H above and Exhibits A, B, C and D and Attachment 1 hereto are incorporated by reference and deemed to be a part of this Agreement. 14. Effective Date. This Agreement is effective upon its execution by all Parties ("Effective Date"). IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement as of this day of 2004, COUNTY OF RIVERSIDE COUNTY rQQRD OF S BRVISORS — AOWZo i By: Ch Ri rside County Board o upervisors Date: ATTEST: Clerk of the Board By: Deputy 507 GARY ORSO, COUNTY ASSESSOR By. o/Y w Gary Ors , County Assessor Date: J� r ) -1--9 / RIVERSIDE COUNTY FARM BUREAU CITY OF PERRIS LE ATTEST: City Clerk 0 CITY OF HEMET a ATTEST: City Clerk 0 WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY By: Date: CITY OF MURRIETA By: Date: ATTEST: City Clerk By: CITY OF TEMECULA By: Date: ATTEST: City Clerk in 6 of CITY OF BEAUMONT 0 Date: ATTEST: City Clerk By: APPROVED AS TO FORM: Special Counsel to County of Riverside CITY OF SAN JACINTO ATTEST: City Clerk By: Mich�et.r.C..f.4 Jackson DeMarco & Peckenpaugh Attorneys for Riverside County Farm Bureau 7 of EXHIBIT A CLARIFICATIONS TO MSHCP AND IMPLEMENTING AGREEMENT The County, RCA, and the Cities agree to the following clarifications to the MSHCP, Implementing Agreement, and MSHCP Fee Ordinances as follows: A. MSHCP Survey, Mitigation and adjacency requirements, Criteria and HANS process (MSHCP Sections 6.213, 6.2E, 6.217; Implementing Agreement Sections 11.3.2, 11.3.5, 113.6) 0 The MSHCP survey, mitigation, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee shall apply only to extend Take Coverage those Agricultural Operations consisting of construction of Commercial Uses on Agricultural Properties, defined below. The MSHCP as clarified by this Agreement shall extend Take Coverage and environmental mitigation for impacts to and take of all Covered Species and habitat in connection with all other Agricultural Operations as defined in the MSHCP and Implementing Agreement on existing farms, ranches and dairies, including changes in Agricultural Operations and crop types, whether or not a discretionary permit or City Ministerial Permit is needed, without the need to comply with MSHCP mitigation requirements including, but not limited to, the Joint Project/Acquisition Review Process (as set forth in Section 6.6.2 of the MSHCP), policies for the Protection of Species Associated with Riparian/Rivarine Areas and Veinal Pools (as set forth in Section 6.1.2 of the MSHCP), policies for the Protection of Narrow Endemic Plant Species (as set forth in Section 6.1.3 of the MSHCP), additional Survey Needs and Procedures (as set forth in Section 6.3.2 of the MSHCP); Urban/Wildlands Interface Guidelines (as set forth in Section 6.1.4 of the MSHCP), Best Management Practices and the siting and design criteria (as set forth in Section 7 and Appendix C of the MSHCP), additional vegetation mapping (as set forth in Section 6.3.1 of the MSHCP), or MSHCP Local Development Mitigation Fee (as set forth in Section 8 of the MSHCP and in the MSHCP Fee Ordinance). The definition of Existing Agricultural Operations is clarified such that 1.) the Agricultural Database shall include all current agricultural landholdings that are part of Agricultural Operations, not just the tilled portion of the landholding; and 2.) all current and future actions taken to comply with federal and/or state environmental requirements and laws on Agricultural Operations are included within the definition of Existing Agricultural Operations. The County and the RCA, shall not release identifying information on Agricultural Operations from the Agricultural Database or applications to be included in the Agricultural Database, except as required by law. In order to protect landowner confidentiality, RCA shall, when compiling I of 5 reports concerning the MSHCP Agricultural Operations Database, format them alphanumerically. RCA shall protect the privacy of sensitive personal and business information made available for their review by agricultural landowners and operators while providing site -specific information for MSHCP evaluation purposes. Landowner identifying information shall not be submitted for the public record. RCA shall inform employees responsible for handling MSHCP Agricultural Operations Database records in writing of the requirements set forth above. Documents substantiating Agricultural Operations in connection with the Agricultural Operations Database shall be made available for RCA's review, but -RCA shall not collebt or maintain such documents as part of the RCA's files. The County Agricultural Commissioner will develop an outreach program to explain the provisions and benefits of the Certificate of Inclusion and the Farm Bureau will assist as deemed appropriate in Farm Bureau's sole judgment. As part of such a program, the County Agricultural Commissioner, in coordination with the RCA, shall prepare a pamphlet outlining the MSHCP's provisions regarding Agricultural Operations, including examples of how the abbreviated HANS process set forth in Section E below will be implemented. MSHCP requirements will not be applicable to an Expansion of Existing Agricultural Operations that is a.) less than 50% of. 1.) the existing developed building square footage; or 2.) the area subject to existing permitted uses on the entire landholding (plus the area subject to uses similar to the proposed use if a discretionary permit was not.previously required for the proposed use) or b.) less than two acres in size. Notwithstanding the foregoing, these exemptions do not apply to discretionary permits for projects on land that is not then included in the Agricultural Database and is being newly converted to Agricultural Operations. "Commercial Uses on Agricultural Properties" are the Expansion of Existing Agricultural Operations that do not qualify for these exemptions. B. The MSHCP provides Take Authorization and environmental impact mitigation for biological impacts to Covered Species under CEQA and NEPA for all current and future Agricultural Operations without the need to comply with MSHCP survey, mitigation, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee, except, for Commercial Uses on Agricultural Properties; and the terms under which the MSHCP provides take authorization and environmental impact mitigation for Covered Species under the MSHCP for Commercial Uses on Agricultural Properties. The provisions contained within this Agreement are non -substantive corrections and clarifications of the EIR/EIS, MSHCP, Implementing Agreement, and MSHCP Mitigation Fee Ordinance. Moreover, the RCA shall ensure that the Cities apply the MSHCP and the Implementing Agreement as clarified by this Agreement. Certificate of Inclusion (MSHCP Sections 6.213, 6.2C, 6.2F; Implementing Agreement Sections 11.3.2, 11.3.3, 11.3.6; Appendix F) 2 of The County shall revise the proposed Certificate of Inclusion as depicted in Attachment 1. C. Conditions for Take Authorization on New Agricultural Lands (MSHCP Section 6.2F; Implementing Agreement Section 11.3.6) The County shall provide for denials of Agricultural Grading/Clearing Exceptions to be communicated in writing to the applicant and an adequate opportunity shall be provided for appeal to a review panel. The County and Farm Bureau will develop a mutually agreeable appeals process for consideration by the Board of Supervisors at a noticed public hearing within ninety (90) days after entry of the stipulated judgment. A Williamson Act Contract or similar restriction on land is not required to obtain Take Authorization for Agricultural Operations as set forth in Section 11.3.4(a)-(e) of the Implementing Agreement; rather the list of information set forth in Section 11.3.4(a)-(e) describes the types of information adequate to establish Existing Agricultural Operations that may be submitted for review by the RCA at the election of the agricultural property owner or operator. The five-year requirement set forth in Section 6.2F of the MSHCP and Section 11.3.6 of the Implementing Agreement shall not be applicable to 1) projects currently within an agricultural zone established by Ordinance No. 348, 2) projects whose building footprint will be wholly within property previously tilled as part of the Existing Agricultural Operations, 3) new agricultural activities including agricultural leases on properties for which a Development project has been approved, or 4) agricultural leases on property that is not identified for conservation in the context of the MSHCP criteria. The definition of New Agricultural Lands is clarified to consist of Agricultural Operations on vacant lands within the Criteria Area that are converted to Agricultural Operations and have not either previously been included in agricultural landholdings or used for Agricultural Operations within the past five years, or included on the Agricultural Operations Database and further that they do not require a discretionary permit or other discretionary authorization. D. 10,000 Acre Cap on Take Authorization for New Agricultural Lands Within Criteria Area (MSHCP Section 6.2F, 6.2G; Implementing Agreement sections 11.3.6, 11.3.7) 0 Secondary agricultural uses on parcels of 5 acres or less on Single-family home lots will receive Take Authorization pursuant to the permit issued for the residential parcel or development and will not count toward the 10,000 acre New Agricultural Lands Cap (as allowed to increase pursuant to the Amendment Process set forth in MSHCP Section 6.10), and will not 3 of trigger application of the MSI4CP mitigation requirements including, not limited to, biological surveys, adjacency requirements, Criteria, HANS process, and MSHCP Mitigation Fee. Permit forms for small Agricultural Operations shall be amended to identify whether the operations are located on a single-family residential lot. 0 When the RCA determines that approximately 50% of the New Agricultural Lands Cap within the Criteria Area has been converted to New Agricultural Lands, it shall seek approval of an amendment from the Wildlife Agencies to increase the New Agricultural Land Cap. E. HANS Process (MSHCP Section 6.2E, 6.2F; Implementing Agreement Sections 11.3.5, 11.3.6) 0 Except for expansion of Existing Agricultural Operations for construction of Commercial Uses on Agricultural Properties, all other Agricultural Operations are exempt from the HANS Process unless property owner or operator requests HANS review. If there are insufficient funds to acquire the land for the Conservation Area through the HANS Process, then the proposed Agricultural Operations may proceed, with Take Coverage extended to them under the Permits without the application of any of the MSHCP mitigation requirements including, but not limited to, biological surveys, adjacency requirements, Criteria, HANS Process, and MSHCP Mitigation Fee, provided the proposed Agricultural Operations is not a Commercial Use on Agricultural Property. In conjunction with Farm Bureau, the County and Cities, with input from the RCA as appropriate shall identify property that may have the potential for use as tenant farming and dry land fainting in the Criteria Area. As requested by a property owner, operator or tenant farmer, the County or Cities shall undertake a limited HANS analysis of property based upon existing information solely to determine if all or a portion of the property could be used for interim farming The County or Cities as appropriate shall complete such a process within fifteen business days of submission of such a request. The County Planning Director or City Planning Director, respectively, shall be the designated contact for such requests Upon completion of this process, the County or Cities shall indicate whether the subject property is desirable for conservation pursuant to the MSHCP. The County Planning Director or City Planning Director, respectively shall make this determination. If the property is not desirable for conservation, then the five year period set forth in Section 11.3.6 of the Implementing Agreement and Section 6.217 of the MSHCP shall not be applicable If the property is desirable for conservation, then the five year period set forth in Section 11.3.6 of the Implementing Agreement and Section 6.2F of the MSHCP will be applicable. 4 of F. MSHCP Fee (County and Cities MSHCP Fee Ordinance; Implementing Resolution) The County and Cities shall implement or amend applicable County and City Fee Ordinances and Implementing Resolutions as necessary to accomplish the following: 0 Agricultural Operations (including but not limited to grading, clearing and grubbing activities for agricultural crops, ponding areas, berms and other water quality protection structures) are exempt from the application of the MSHCP Mitigation Fee, except for new construction of Commercial Uses on Agricultural Properties. The County will prorate the MSHCP Fee for Commercial Uses on Agricultural Properties based upon the acreage or portion thereof impacted as defined and set forth in the Application submitted by the Property Owner or operator, not necessarily the entire acreage of the Applicant's property unless completely impacted. Residential homes in rural and agricultural zoning classifications will pay applicable residential MSHCP Mitigation Fee. Credit will be provided in the full amount for any fees assessed for new projects on property that has already paid MSHCP Mitigation Fee. 527932.1 5 of5 SETTLEMENT AGREEMENT Attachment 1 CERTIFICATE OF INCLUSION The United States Fish and Wildlife Service and the California Department of Fish and Game have issued Permits pursuant to the federal Endangered Species Act and the California Natural Community Conservation Planning Act (collectively "Permits") authorizing "Take" of certain species in accordance with the terms and conditions of the Permits, the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") and the associated Implementing Agreement. Under the Permits, certain activities by [appropriate part of entity] are authorized to "Take" certain species, provided all applicable terms and conditions of the Permits, the MSHCP and the associated Implementing Agreement are met. As the owner/operator of the property depicted on Exhibit "1," attached hereto and incorporated herein by this reference, you are entitled to the protection of the Permits €ef the prepesedsstiites asset #e�z;'With respsst to any to Take of species as identified in the MSHCP in connection with Agricultural Operations. In the event that the property depicted in Exhibit "1" is used for other purposes without the express consent of the [appropriate Permittee], Take Authorization under the Permits will automatically cease. Such authorization is provided as described in the Permits, the MSHCO and the Implementing Agreement. By signing this Certificate of Inclusion, you signify your election to receive Take Authorization under the Permits in accordance with the terms and conditions thereof. This Certificate of Inclusion does not give state and federal agencies additional regulatory control over the signatory nor require the signatory to provide additional information not called for in the Certificate of Inclusion, but instead ensures compliance with 50 Code of Federal Regulations, section 13.25(d). Coverage under the Permits will become effective upon receipt of the executed Certificate of Inclusion by the Western Riverside County Regional Conservation Authority (RCA"). In the event that the subject property is sold or leased, the buyer or lessee must be informed of these provisions and execute a new Certificate of Inclusion. F019 l Fax:9099552003 Hpr 19 2004 16:2b N.02 Co-ri April 19, 2004 VIA U.S. MAIL Ron Rempel Deputy Director Department of Fish and Game Habitat Conservation Division 1416 Ninth Street, Room 1342B Sacramento, CA 95814 Jim Bartel Field Supervisor United States Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 SIDE EXHIBIT B BOARD OF $UPERVISORS BOB BUSTER •es.uio aOH N E TAVAGLIONE Ys(mo JAMFS A. VENABLE 9GLW0 ROY WISON ass(wc MARION ASHLEY ..-W d Re: Clarification of Provisions for Agricultural Orations in the Western Riverside County Multiple Species Habitat Conservation Plan Gentlemen: The County of Riverside has been in extensive settlement negotiations with the Riverside County Farm Bureau concerning litigation on the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP'j. As part of these negotiations, the Farm Bureau has asked the County to clarify various provisions concerning the MSHCP's application to agricultural operations. We request that you review the attached list of these clarifications. and revised Certificate of Inclusion (Exhibit "A" and Attachment 1) and determine whether in your opinion they are consistent with the MSHCP. We also request that you consider the MSHCP as clarified by these documents when issuing the applicable permits and Biological Opinion. COUNTY ADMPII9TBATIV6 CENTER • FIFTH FEDOR • 4090 LEMON STREET • RNERSIM CALUW2M 92501 Inf�mt—hlbd/ww.<oxNwideerm I LMH Fax:9U99S5ZUU6 Hpf 1y ZUU4 1b:L( r. W Ron Rempel Jim Bartel Page 2 April 19, 2004 Please call me should you have any questions. Sincerely, Roy Wilson Chair, Riverside County Board of Supervisors cc: Riverside County Board of Supervisors Mr. Richard Lashbrook, Transportation and Land Management Agency Ms. Cindy Domenigoni, President, Riverside County Farm Bureau Mr. William Katzenstein, Riverside County Counsel Ms. Karin Watts Bazan, Riverside County Counsel Ms. Michelle Ouellette, Best, Best & Krieger LLP EXHIBIT C [TO BE PLACED ON JOINT DFG AND SERVICE LETTERHEAD] XX, 2004 VIA U.S. MAIL Mr. Roy Wilson Chair, Riverside County Board of Supervisors 4080 Lemon St., 5th Fl. Riverside, CA 92502-1646 Re: Clarification of Provisions for Agricultural Operations in the Western Riverside County Multiple Species Habitat Conservation Plan Dear Supervisor Wilson: This letter is in response to your correspondence dated April XX, 2004. As you know, the Wildlife Agencies have issued the appropriate permits and Biological Opinion for the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). Pursuant to your request, when issuing the permits and Biological Opinion, the Wildlife Agencies considered the MSHCP as clarified by Exhibit "A" and Attachment 1 to your April XX, 2004 letter. If you have any further comments or questions, please do not hesitate to call us. Sincerely, Jim Bartel, United States Fish and Wildlife Service Ron Rempel, California Department of Fish and Game RVPUB\MKS\666921.2 cc: Riverside County Board of Supervisors Mr.. Richard Lashbrook, Transportation and Land Management Agency Ms. Cindy Domenigoni, President, Riverside County Farm Bureau Ms. Michelle Ouellette, Best, Best & Krieger LLP RVPUB\MK5\666921.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "D" SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE . RIVERSIDE COUNTY FARM BUREAU, -a nonprofit mutual benefit corporation, CASTLE & COOKE LAKE ELSINORE OUTLET CENTERS, INC., a California corporation, PACIFIC CLAY PRODUCTS, INCL., a Delaware corporation, CASTLE & COOKE CORONA, INC., a California corporation, GATEWAY BUSINESS PARK, LLC, a California limited liability company, MURDOCK ALBERHILL RANCH LIMITED PARTNERSHIP, a California limited partnership, and PROPERTY OWNERS ASSOCIATION OF RIVERSIDE COUNTY, a nonprofit mutual benefit association, Petitioners and Plaintiffs, vs. COUNTY OF RIVERSIDE, apolitical subdivision of the State of California; RIVERSIDE COUNTY BOARD OF SUPERVISORS, locally elected officials, and DOES I through 100, inclusive, Respondents and Defendants. Case No. INCR 396565 [Assigned for all purposes to the Hon. Lawrence W. Fry] [PROPOSED] JUDGMENT PURSUANT TO SETTLEMENT AGREEMENT Complaint Filed: July 17, 2003 [PROPOSED] JUDGMENT PURSUANT TO SETTLE,�vIENT AGREEMENT I This Court having reviewed the; Stipulation for Entry of Judgment executed and filed herein by 2 petitioners and plaintiffs Riverside County Farm Bureau ("Farm Bureau)"), on the one hand, and 3 respondents and defendants County of Riverside and Riverside County Board of Supervisors 4 (collectively, "County"), on the other hand, and the Court further having reviewed the file in this 5 matter and GOOD CAUSE APPEARING, 6 IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 7 The Court hereby finds and determines that: 8 1. Background. 9 In April, 2004, Farm Bureau, County, the Western Riverside County Regional 10 Conservation Authority ("RCA") and the cities of Perris, Murrieta, San Jacinto, Hemet, Temecula 11 and Beaumont ("Cities") entered into a Settlement Agreement to resolve that portion of the 12 Action concerning Farm Bureau. The RCA and the Cities were not parties to the Action. 13 Nevertheless, the RCA agreed to be bound by the terms of this Stipulated Judgment. 14 2. Terms of the Judgment. 15 The terms of the Settlement Agreement attached hereto as Exhibit "A" are incorporated 16 into this Stipulated Judgment. 17 3. Past Attorneys' Fees, Costs and Litigation Expenses. 18 Each party shall bear all its own costs, attorneys' fees, and related expenses associated 19 with litigating the Action through the date of entry of this Stipulated Judgment. 20 21 22 23 24 25 26 27 28 -2- [PROPOSED) NDGMENT PURSUANT TO SETTLEMENT AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Exercise of Police Power. To the extent applicable in this Judgment, the parties acknowledge and agree that the County is exercising its present police power in entering into this Judgment and in fulfilling its obligations thereto. In addition, this Judgment and the provisions hereof are in the interests of the parties in this action, the citizens of the County and Cities and the general public. APPROVED AS TO FORM ONLY. Dated: 12004 JACKSON, DeMARCO & PECKENPAUGH By: Michele A. Staples, Esq. Gregory P. Regier, Esq. Attorneys for Petitioners and Plaintiffs RIVERSIDE COUNTY FARM BUREAU, et al. Dated: 2004 BEST BEST & KRIEGER, LLP By: Michelle Ouellette, Esq. Attorneys for Respondents and Defendants COUNTY OF RIVERSIDE; COUNTY BOARD OF SUPERVISORS THE CLERK IS ORDERED TO ENTER THE FOREGOING JUDGMENT Dated: Lawrence W. Fry JUDGE, RIVERSIDE COUNTY SUPERIOR COURT (PROPOSEDIJUDGMENT PURSUANT TOSETTLEMENT AGREEMENT ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: August 24, 2004 SUBJECT: First Amendment to Agreement Between City of Temecula and PELA for Landscape Plancheck and Inspection Services PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the First Amendment for landscape, plancheck, and inspection services for an amount of $11,500. BACKGROUND: The Community Development Department Planning Division utilizes the services of a consultant as an extension of staff to provide landscape review and inspection services. The City Council approved the current contract with PELA on July 8, 2003 in the amount of $100,000.00 to cover the costs of reviewing landscape plans and performing inspections. The landscape review services are provided on a cost recovery basis. The Planning Department requests a line item during the City's annual budget process to fund the on going task of landscape review as part of the development process. The landscape contractor invoices the City and payment for his services come from that specific line item. Fees paid by the applicant during the development process are paid to the General Fund, which offset the invoiced amounts paid by the City to the landscape contractor. The development activity for this past fiscal year was greater than anticipated and resulted in additional plan reviews and inspections. This contract amendment is needed in order to close out the Fiscal Year 03-04 landscape plans review and inspections. FISCAL IMPACT: Existing appropriations are available in the Planning Department Fiscal Year 2003-04 budget to cover the additional cost of $11,500.00. ATTACHMENTS: First Amendment to Agreement Between City of Temecula and PELA for Landscape Plancheck and Inspection Services. RABROWNSVandscapeTELA contract amendment #1 8-24-04 .doct FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PELA FOR LANDSCAPE PLANCHECK AND INSPECTION THIS FIRST AMENDMENT is made and entered into as of August 24, 2004 by and between the City of Temecula, a municipal corporation "City' and PELA ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 8, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for consulting services (landscape plancheck and inspection)" ("Agreement"). B. The parties now desire to increase the payment for services in the amount of Eleven Thousand Five Hundred Dollars and no Cents ($11,500.00) and amend the Agreement as set forth in this Amendment). 2. Section Four (4) of the Agreement is hereby amended to read as follows: PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Eleven Thousand Five Hundred Dollars and no Cents ($111,500.00) for the term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\BROWNSMandscape\Amendment Agreement 8-24-04.doci IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Michael S Naggar, Mayor ATTEST: BY: Susan W. Jones, CIVIC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R:\BR0VVNSMandscape\Amendment Agreement 8-24-04.dOC2 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CE CITY MANAGER- ` moo 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: August 24, 2004 SUBJECT: Procurement of Fire Department Panasonic Toughbook Tablet PCs RECOMMENDATION: That the City Council authorize the purchase of eight (8) Panasonic Toughbook Tablet PCs from GTSI Corp for the total amount of $43,459.55. DISCUSSION: Two years ago the City's Fire Department implemented Plant Equipment's Orion MapMobile software on 16 Fujitsu 3500 Pen Tablets. These devices were integrated into front line emergency fire response vehicles. All fire vehicles have tablet computers with digital mapping capabilities and the ability to access pre-plan/floor plan images stored within the computer. In order to adhere to the City's mobile computer inventory amortization schedules, this procurement of eight tablet computers will be replacing older systems in order to stagger the rate of replacement and ensure that new equipment is entered into emergency vehicles on a consistent basis. Panasonic Tablet PCs are available on a US Communities approved agreement. The competitively quoted price is provided by an authorized US Communities contractor. Under this agreement it would be within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county, or local governmental agency empowered to expend public funds. Therefore, this purchase is exempt from competitive bidding requirements. Staffs research has determined that the US Communities price is the most competitive. Also, it has been determined that the US Communities program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. FISCAL IMPACT: Adequate funds were appropriated in the 2004-05 Fiscal Year Budget for the Information Services Capital fund. Attachment: Quote Provided by GTSI 08/13/04 Quote Provided by GTSI 08/13/04 CITY ITEM DESCRIPTION UNIT PRICE TOTAL PM 900 MHZ (CENT) 10.4 XGA TM w/ Digitizer 40 8 CF-18BCAKCMM GB, 256MB, intel 802.11BWLAN, GPS, BLTH, $ 4,615.00 $ 36,920.00 SPRT, 1XRTT, 8 CF-W MBA40256F 256MB Memory for CF 29,73 51 $ 98.00 $ 784.00 8 CF-VNP006U Stylus Pen for CF-18 $ 22.74 $ 181.92 8 CF-AA1623 AC Adaptor for CF-R1 $ 77.62 $ 620.96 Subtotal $ 38,506.88 Extra Equipment 4 CF-VNPOO6U Stylus Pen for CF-18 $ 22.74 $ 90.96 8 CF-VZSU30U Battery for CF-18 $ 203.06 $ 1,624.48 Subtotal $ 1,715.44 TOTAL $ 40,222.32 TAX $ 3,117.23 Install and Configure $ 120.00 GRAND TOTAL $ 43,459.55 All Prices are based on US COMMUNITIES CONTRACT #RQ03-605674-16A ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: �4William G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Accept the Declaration of Dedication and execute the Quitclaim Deed whereby City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for La Serena Way Storm Drain, Stage 1 (Tract Map No. 2337T — Temeku Hills) PREPARED BY: M' Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LA SERENA WAY STORM DRAIN STAGE 1 (TRACT MAP NO. 23371) BACKGROUND: The La Serena Way Storm Drain, Stage 1 has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on November 14, 1989 by the District, The County of Riverside and The Buie Corporation. In order for the District to accept the storm drain for maintenance the City of Temecula needs to accept two Declarations of Dedication that were both recorded January 10, 1990, as Instrument Nos. 12032 and 12033, dedicated for construction of this facility, and execute the attached quitclaim deed conveying the drainage easements to the District. Upon City Council acceptance of the drainage easements and execution of the quitclaim deed the quitclaim deed will be forwarded to Riverside County Flood Control and Water Conservation and County of Riverside Board of Supervisors for their approval. FISCAL IMPACT: The City will be relieved of maintenance responsibility. ATTACHMENTS: 1. Resolution No. 2004- 2. Declaration of Dedication — Recorded Instrument No. 012032 3. Declaration of Dedication — Recorded Instrument No. 012033 4. Quitclaim Deed with Attachments A & B and Exhibits "A" & "B" R1AGENDA REPORTS\2004\082404\RCFC&WCD Drainage Easementsla Serena Way.DOC 1 i RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR LA SERENA WAY STRORM DRAIN STAGE 1 (TRACT MAP NO. 23371) 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: A. La Serena Way Storm Drain Stage 1, Project No. 7-0-0315 was constructed in La Serena Way and Spyglass Hill Lane to convey storm runoff from Tract 23371 (Temeku Hills); B. Two Declarations of Dedication, recorded January 10, 1990 as Instrument Nos. 012032 and 012033 were dedicated for the construction of this facility; C. Riverside County Flood Control and Water Conservation District is prepared to accept the La Serena Way Storm Drain Stage 1 for maintenance in accordance with the terms of the Cooperative Agreement, executed on November 14, 1989 by the District, The County of Riverside and The Buie Corporation. D. Accepting the two Declarations of Dedication and executing the quitclaim deed to convey the drainage easements to the Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to accept said Declarations of Dedication and execute the quitclaim deed all as attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts said Declarations of Dedication and execute the quitclaim deed all as attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of August 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk RAAGENDA REP0RTS\2004\082404\RCFC&WCD Drainage Easementsla Serena Way.DOC 2 (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of August, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\AGENDA REPORTS\2004\082404\RCFC&WCD Drainage Easementsla Serena Way.DOC 3 ,.,_.. I.,,.....;. Jill ;i i; P. TR 23371, Margarita Golf Course, Proj. / 7-0-301, on sites / NewrW at renew J, and tian w: Uertlde Cosq /fired C.w1 CONSENT TO RECORDING sad Wowt nwDirRlrt p yvarraaent code Swoon 7050) 033 Ither k Cfihh"da :'THIS a To CERTIFY aat ar aome tl aMW. Of aM CWq tl tbouer cmuware. tear err arw. oft nromaaes tlar Dwwaw tl DaaCOae n ee�ct ma.e�Wr b rwmAe "W"'e. I = RgOD!<DiNG // /1 SEcrroA/ 3.3 of �M f Oars: iota c4mrwea*= Dimafet. sold IF a`y�'� L. A f.En.�A trErn 7_3 m d1w w be teeeed�wYiaaa la► V 0 L�o .� (Gvrt Cede dIDD)• CCC ? rtltl Cork of C4 so" or agwvImmI O ay DECLARATION OF DEDICATION Margarita Village Development Company, a California joint venture comprised of Nevada -Rancho California, Ltd., ■ California limited partnership and Buie-Raacho California, Ltd., -a California limited partnership . f HEREBY #VWVOCABLY DEDiCATE)S) IN PERPETUITY to Dte Public an EaEamanl br Ota wnbutfiM we. topair, recons icbM Inapeon.OP1000M1 ana d M&Mnan0l r*• t ttiAr.tn and all appuftnam works• irttWOing ingren and *gross Vweto, *Cross"Certain tat property seuated in the Crony of Riverside. & w a Calibmia described as (lbws: See legal descriptions attached hereto as Exhibit "A" and made a part hereof. Margarita Village Development Company, t a California joint venture By: Nevada -Rancho California, Ltd., a California limited partnership By: Nevada Capital Ltd., - a Cali ornia co ra n, General Partner Date (title) By: Buie -Rancho California, Ltd., a California limited partnership By: The Buie Corporation, a Ca/ a corporation, Ceneral Yaztner By: �S _ Date A p (title) r t 12032 a STATE OF NEVADA ) )ss. COUNTY OF CLARE ) On November 9, 1989, before me, COLLEEN JOBNSON the undersigned, a Notary Public in and for said State, personally appeared JAMES R. LESLIE, IV, known to me to be the President of NEVADA CAPITAL, LTD., a corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of NEVADA—RANCHO CALIFORNIA, LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the joint venturers of MARGARITA VILLAGE DEVELOPMENT COMPANY, the joint venture that executed the within instrument, and acknowledged to me that, such corporation executed the same as such partner, that such partner executed the same as such limited partnership, that such partnership executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. COLLEEN M. JORNSON NOTARY PUBLIC STATE OF CALIFORNIA ) ) Se COUNTY OF-SAN DIEGO ) On thiszt day of before ma, Carol L. Ford, a Note state, personally appeared �j� personally known to me (or prove satisfactory evidence) to be the .•y y'; N011Ni PUAIL r STATE Of Nkl^1DA County of Clark Colleen M. Johnson ar kKskassa lmsn lass 00. 19M 12032 ✓E,%BE� 19�, bl_c and for said :o me on the basis of President, aa4 of THE BUIE CORPORATION, the--_ corporation that executed tha within instrument and known to me to be the parsons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of BUIE-RANCHO CALIFORNIA,' LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the joint venturers of MARGARITA VILLAGE DEVELOPMENT CORPORATION, the joint venture that executed the within instrument, and acknowledged to NO that such corporation executed the same as such partner, that such partner executed the same as such limited partnership, that such partnership executed the same as such joint venturer and that such joint venture executed the same. WITNESS mY hand and official seal. 01:FKXU SEAL GAROLLFORD �. yoa�iF.a.aaoo 12032 3050 Chicago Avenue Suite I00 Riverside, CA 92507 (714)782-0707 J - 10583 RICK ENGINEERING COMPANY EXHIBIT "A" STORM DRAIN EASEMENT By: DR/JZ Chk. DB Date August 14, 1989 Page 1 of 1 Legal Description TC Rat. Co. Order No Data Closer. Rev. By A storm drain easement being a portion of Parcel 4 of amended Parcel Map 21884 in the County of Riverside, State of California as shown by map on file in Book 152, Pages 22 through 31 inclusive of Parcel Maps, Riverside County Records described as follows: A strip of land being 32.00 feet wide, lying 16.00 feet on either side of the following described line. Commencing at the centerline intersection of Via Aguila and La Serena Way per said map; thence Westerly along the centerline of La Serena Way South 73029'04" West 83.60 feet to the beginning of a tangent 850.00 foot radius curve concave Southerly; thence Westerly along said curve through a central angle of 11032'48" a distance of 171.30 feet; thence South 28003143" East 44.00 feet to the Southerly 44.00 foot half street sideline of La Serena Way per said map to a point on -a non -tangent _ 90.00 foot radius curve concave Easterly, a radial bears North 71004'01" West said point also being the TRUE POINT OF BEGINNING,• thence Southerly along said curve through a central angle of 03010'59" a distance of 5.00 feet; thence South 15045'WI West 60.14 feet to the beginning of a tangent 45.00 foot radius curve concave Northwesterly; thence Southerly along said curve through a central angle of 4504359" a distance of 35.92 feet; thence South 6102859" West 8.50 feet to the Westerly line of Parcel 4 per said map, said point being the Point of Termination. The sidelines of said easement shall be lengthened or shortened to begin at the Southerly sideline of La Serena Way and shall be lengthened or shortened to end on the Westerly property line of Parcel 4 per said map. � �� QROFESS/pN4\ Robert A. Stockton R.C.E. 33591 °C N0. C033591 2 License Expires 6-30-90 OF. 06-30-90 � �315— SOE� 9 RE103 4189 . Ii-2f-w .00.00' . . 171. SO' + u.W 12032 PARCEL 4 AMENDED PM. NO.21864 1 r P. M. 152i 22-31 i r I r COURSE TABLE I No. A a SEARING MDIUS DIST. 01 AK 1 I dNCK :11.of S.1d . E 114�� . 20.1r Yi` A ELK s.W' SsAr is is 4 nfalA 1* •.10' ' I IZ a 1 .3 � ... 1 Q EASEMENT NOTES. �. � �mTO MATED STATES OF AMERICA ki MIST. SIIS S SfN2 g &1O SOVINERN CAl11OlNIA lOISOM . Q MST. w!a •J &TO SIETSOf01JTAN WATER .SON-23-SI To 99TEOFOLrtAN WATER SON=S7-tf-Sl TR{R IOIMQSEOINNG J EAD) P�s1�-L -7i1S S 3 '^ �STOIIM dWN EASEMENT 4 \ \ Qt �\ k \ o TpOFESSt\\ _ .,h•P� ♦ � l) Fps � s Iq. COJ1591 s Elf. W O-N 'lF DF CP�IEOP `E(HIBIT'.8M RIVERSIDE COUNTY FLAOD CONTROL AND WATER CONSERVATION DISTRICT STORM DRAIN EASEMENT -_® ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: q�4illiam G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Accept the Declaration of Dedication and execute the Quitclaim Deed whereby City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for Margarita Road Storm Drain (Tract Map No. 23371) PREPARED BY: WRonald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN (TRACT MAP NO. 23371) BACKGROUND: The Margarita Road Storm Drain has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on November 14, 1989 by the District, The County of Riverside and The Buie Corporation. In order for the District to accept the storm drain for maintenance the City of Temecula needs to accept two Declarations of Dedication that were both recorded January 10, 1990, as Instrument Nos. 12029 and 12030, dedicated for construction of this facility, and execute the attached quitclaim deed conveying the drainage easements to the District. Upon City Council acceptance of the drainage easements and execution of the quitclaim deed the quitclaim deed will be forwarded to Riverside County Flood Control and Water Conservation and County of Riverside Board of Supervisors for their approval. FISCAL IMPACT: The City will be relieved of maintenance responsibility. ATTACHMENTS: 1. Resolution No. 2004- 2. Declaration of Dedication — Recorded Instrument No. 012029 3. Declaration of Dedication — Recorded Instrument No. 012030 4. Quitclaim Deed with Attachments A & B R:WGENDA REPORTS\20041082404\RCFC&WCD Drainage Easements. Margarita Road.DOC 1 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE DECLARATION OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR MARGARITA ROAD STORM DRAIN (TRACT MAP NO. 23371) 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: A. Margarita Road Storm Drain, Project No. 7-0-0315 was constructed in Date Street to convey storm runoff from Tract 23371 (Temeku Hills); B. Two Declarations of Dedication, recorded January 10, 1990 as Instrument Nos. 012029 and 012030 was dedicated for the construction of this facility; C. Riverside County Flood Control and Water Conservation District is prepared to accept the Margarita Road Storm Drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on November 14, 1989 by the District, The County of Riverside and The Buie Corporation. D. Accepting the Declaration of Dedication and executing the quitclaim deed to convey the drainage easement to the Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to accept said Declarations of Dedication and execute the quitclaim deed all as attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts said Declarations of Dedication and execute the quitclaim deed all as attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of August 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk RAAGENDA REP0RTS\2004\082404\RCFC&WCD Drainage Easements.Margarita Road.DOC 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of August, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:WGENDA REPORTS\2004\082404\RCFC&WCD Drainage Easements.Margarita Road.DOC 3 TR 23371, Margarita Golf Course, Proj, d 7-0-301, on sites CONSENT TO RECORDING (Govemmanl Coen 6a' 1 7050) Ties Is TO a"ry to re trees of t,seream at er carer a IMenge torureea. en ae am below. YM reeranan aer tMewsw ar Dasaame 0 Whte to areas m rerwsne a taeaW. CaYd (i1ijf�r IT Lcriou 3.3 ax AA660t iY&M 7.3 0 0ERUD A MALONEY N Clark a er saner taeeaeaed sad eetara so: O IO IUeaeeide alar D{IYka r��% T" 1IG Timhw=l16 Y Mtkelass: of 1 i* ahm Ce"Cloem sr.edde Dir*kt, sei is added Y be ee.erMd e,YMt lea (Gres c V I DECLARATION OF DEDICATION R1111111`1111 — - Margarita Village Development Company, a California joint venture comprised of Nevada -Rancho California, Ltd., a California limited partnership and Buie -Rancho California, Ltd., a California limited partnership i HEREBY IRREVOCABLY DEDICATEIS) IN PERPETUITY In the Publb an Eassmsm for ns eorotrucoon. use. repair.r*cw vucbon,NapacbMopetatimwWTaildenmoo1 she atom Amin and all aWimnant woks, ftW ing uprefi and s ress tMrab, across Out ceMin real proparq situated al the Cou" of Rwersida. Sme o1 Caulorw deattiWd as bllowa: - See legal descriptions attached hereto as Exhibit "A" and made a part hereof. J. Margarita Village Development Company, a California joint venture v? By: Nevada -Rancho California, Ltd., a California limited partnership By: Nevada pital Ltd., a Ca fo is co orati , General Partner By: Date. -L i BY: Buie -Rancho California, Ltd., a California limited partnership By: The Buie Corporation, a 5AUfarnia. corporation, General Partner By: �_ Y. 2�,. Date (title) pgQCE� t � 73/S- SoY 1202,9 STATE OF NEVADA ) .)ea. COUNTY OF CLARK ) On November 9, 1989, before me, COLLEEN JOHNSON the undersigned, a Notary Public in and for said State, personally appeared JAMES H. LESLIE, IV, known to me to be the President of NEVADA CAPITAL, LTD., a corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of NEVADA—RARCNO CALIFORNIA* LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the joint venturers of MARGARITA VILLAGE DEVELOPMENT COMPANY, the joint venture that executed the within instrument, and acknowledged to me that, such corporation executed the same as such partner, that much partner executed the same as such limited partnership, that such partnership executed the same assuch joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. COLLEEN M. JOEN N NOTARY PUBLIC STATE OF CALIFORNIA ) ) as COUNTY OF SAN DIEGO I) NOTARI PUBLIC STATE OF NEVADA County of Uadc Colleen M. Johnson tly AtewMmnl Fmplm Jum w, low 12029 On this 4 day of /oel f/�rE.�/.ri� ; 1 , before me, Carol L. Ford, a Notary pub is in -And sai� state, personally appeared j '_� .Wa.- personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, mk+ of THE BUIE CORPORATION, the corpora --t on that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of SUIE-RANCHO CALIFORNIA,' LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the joint venturers of MARGARITA VILLAGE DEVELOPMENT CORPORATION, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, that such partner executed the same as such limited partnership, that such partnership executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. �, _ W Cana Emo. Ames.two 12029 3050 Chicago Avenue ,- J suite 100 RICK ENGINEERING COMPANY Riverside, CA 92507 (714)792-0707 J - 10583 EXHIBIT "A" STORM DRAIN EASEMENT By: DR/jZ Chk. DB Date: August 14, 1989 Page 1 of 5 Legal Description TC Net. Co. Order No. Date Deecr. Rev. By A storm drain easement being a portion of Parcels 1, 2 and 3 of amended Parcel Map 21884 in the County of Riverside, State of California as shown by map on file in Book 152, Pages 22 to 31 inclusive of Parcel Maps, Riverside County Records and a portion of Metropolitan Water District fee property per document recorded December 13, 1967 as Instrument No. 109720 (Metropolitan's fee property per Grant Deed No. 142-4-1) described as follows: Parcel "Alt A strip of land being 22 00 feet in width lying 12.50 feet North and West of and 9.50 feet South and East of following described line from the TRUE POINT OF BEGINNING to Point "A' then a strip of land being 20.00 feet in width, lying IZ50 feet West of and 7.50 feet East of said line from Point "A" to Point "B"; then a strip of land being 25.00 feet in width lying 12.50 feet Northerly of and 12.50 feet Southerly of said line from Point 'B" to Point "E"; .then a strip of land being 29.00 feet in width, lying IZ50 feet Northerly of and 16.50 feet Southerly of said line from Point 'B" to Point "F; then a strip of land being 25.00 feet in width, lying 12.50 feet Northerly of and 12.50 feet Southerly of said line from Point "F' to the Point of Termination; all as measured at right angles and parallel with the following described line: Commencing at the centerline intersection of Rancho California Road and Margarita Road per said map, said point being on a non -tangent 1900.00 foot radius curved centerline of said Margarita Road concave Easterly, a radial bears North 86036'27" West; thence Northerly along said curve through a central angle of 0902942" a distance of 314.87 feet; thence North 12°53'15" East 55.22 feet; thence South 77006'45" East 55.00 feet to the Easterly 55.00 foot half street side line of Margarita Road per said map, said point being the TRUE POINT OF BEGINNING; thence South 77106'45" East 12.50 feet; thence North 12053'1511 East 525.00 feet to the herein described Point "A'; thence North 12053'15" East 361.02 feet to the herein described Point 'B" said point being the beginning of a non- "E103 419 12029 /\C 3050 Chicago Avenue I/_—� Suite 100 Riverside, CA 92507 (714)782-0707 J - 10583 RICK ENGINEERING COMPANY EXHIBIT "A" STORM DRAIN EASEMENT By: DRrz Chk. DB Date: August 14, 1989 Page 2 of 5 Legal Description TC Nat CO. Order No. Dab Dow. Rev. By tangent 347.50 foot curve concave Southeasterly a radial bears North 60009'59" West; thence Northeasterly along said curve through a central angle of 27050'01" a distance of 168.81 feet to the herein described Point "C", said point being 12.50 feet South of as measured at right angles and perpendicular to Metropolitan Water District's fee Right -of - Way per said documents; thence parallel to said Right -of -Way North 57040'02" East 198.89 feet to the herein described Point 'D"- thence continuing parallel to said Right -of -Way North 57040'02" East 315.98 feet to the herein described Point "J'; thence continuing parallel to said Right -of -Way North 57040'02" East. 690.00 feet to the herein described Point 'K', thence continuing parallel to said Right -of -Way North 57040'02" East 587.95 feet to the herein described Point "E"; thence parallel to said Right -of -Way North 53006'08" East 796.79 feet to a 4.00 foot jog in the sideline of said Right -of -Way; thence South 3605352" East 4.00 feet to the herein described Point ' F ; thence parallel to and 12.50 feet as measured at right angles to said Right -of -Way North 53006'08" East. 941.55 feet to the Point of Termination. The sidelines of said easement shall be lengthened or shortened to begin at the Easterly sideline of said Margarita Road and shall terminate at right angles through the Point of Termination. Parcel "A-1" A strip of land being 25.00 feet in width lying 12.50 on each side, measured at right angles and parallel with the following described centerline: Beginning at the above described Point "D"; thence North 12040'02" East 19.52 feet to the beginning of a tangent 45.00 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 39014'W' a distance of 30.81 feet to a point on a REI03 4M 12029 3050 Chicago Avenue Suite 100 Riverside, CA 92507 (714)782-0707 J - 10583 RICK ENGINEERING COMPANY EXHIBIT "A" STORM DRAIN EASEMENT By: DRCz Chk. DB Date: August 14, 1989 Page 3 of 5 Legal Description TC Ret. Co. Order No. Data Dour. Rev. By reverse tangent 606.00 foot radius curve concave Easterly; thence Northerly along said curve through a central angle of a 1810358" a distance of 191.08 feet to the herein described Point "G"; thence North 08030'W" West 47.10 feet, to the beginning of a tangent 1394.00 foot radius curve concave Westerly-, thence Northerly along said curve through a central angle of 10D51'42" a distance of 264.26 feet to the beginning of a reversing tangent 59.00 foot radius curve concave Easterly-, thence Northerly along said curve through a central angle of 5505930" a distance of 57.66 to the herein described Point 14"; thence continuing Northeasterly along said curve through a central angle of 1r27'03" a distance of 12.82 feet; thence North 49004'51" East 161.54 feet to the beginning of a tangent 894.00 foot radius curve concave Northwesterly; thence Northerly along said curve through a central angle of 2900451" a distance of 453.75 feet; thence North 20D00'00" East 165.97 feet to the beginning of a tangent 906.00 foot radius curve concave Easterly-, thence Northerly along said curve through a central angle of 10008'31" a distance of 160.37 feet; thence North 30°14'22" East 29.00 feet to the Southerly 44.00 foot half street sideline of South General Kearny Road per said map, said point also being the Point of Termination. The sidelines of said easement shall be lengthened or shortened to begin at right angles through the Point of Beginning and shall be lengthened or shortened to terminate on the Southerly sideline of said South General Kearny Road. Parcel "A-2" A strip of land being 20.00 feet in width lying 10.00 feet on each side, measured at right angles and parallel with the following described centerline: Beginning at the above described Point 'IT'; thence North 35047'31" West 147.30 feet to the Southeasterly 44.00 foot half street side of La Serena Way per said map, said point also being the Point of Termination. RE103 4189 12029 3050 Chicago Avenue Suite 100 Riverside, CA 92507 M 4) 782-0707 J - 10583 RICK ENGINEERING COMPANY EXHIBIT "A" STORM DRAIN EASEMENT By: DR/jZ Chk. DB Date: August 14, 1989 Page 4 of 5 Legal Description TC Ref. Co. order No. Date Dever. Rev. By The sidelines of said easement shall be lengthened or shortened to begin at right angles through the Point of Beginning and shall terminate on sideline of said La Serena Way. Parcel "A-3" A strip of land being 20.00 feet in width lying 10.00 feet on each side, measured at right angles and parallel with the following described centerline: Beginning at the above described Point "J"; thence South 32°19'58" East 19.50 feet to the Point of Termination. The sidelines of said easement shall be lengthened or shortened to begin at the Southerly sideline of said. Parcel "A" and shall terminate at right angles through the Point of Termination. Parcel "A-4" A strip of land being 20.00 feet in width lying 10.00 feet on each side, measured at right angles and parallel with the following described centerline: Beginning at the above described Point'W'; thence South 32°19'58" East 19.50 feet to the Point of Termination. RE103 4189 u 12029 3050 Chicago Avenue Suite 100 Riverside, CA 92S07 (714)782.0707 J - 10583 RICK ENGINEERING COMPANY Mr1:4011.3 By: DRCz Chk. DB Date: August 14, 1989 Page 5 of 5 Legal Description TC Ret. Co. Order No. Date Dour. Rev. By The sidelines of said easement shall be lengthened or shortened to begin at the Southerly sideline of said Parcel "A" and shall terminate at right angles through the Point of Termination. Robert A: Stockton R.C.E. 33591 License Expires 6-30-90 1PP N e9 QtIOFESS/oN4\ No. co09 w. a m OF POIV—G e- f RE103 4489 im ........... illllll fflummmm .29n5pq I SIOUTH 'OF TV PARCEL 2 -73 —25 1 STORM DRAIN EASEMENT '—PARCEL Wl' CkIRSE TABLE - He. OR SEARING XAOI US -061. 09 A&C LffMH U7.30• it mwW 12.42. 'Is SEE iiHI01TVMR EAKWNTS NICK�EFUN8 001111111111WLIKY EXHIBIT RIES onmL wdwwwwimmw.wuwvwvcmw.pLAPwAm RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT STORM DRAIN EASEMENT PFzxzcT mwmm 103113 SCALE 1*6100' DATE Tl 5 7z PARCEL 2 AMENDW P III NO 216" Phi 152122 -01 rv��0 �T 12023 -- >r , - '� PARCEL 3 16 . VW9L -A-4- PARCEL 1 C .A-3. AND • >IIMeOAeRA �� ''arllWi - to OM ll� OF A KA OW. 31q • �Yo >tou111�rN g0lprw► wp . OR1N0P0UTAN SON-t-el e�feDP0lITAN.N/q!6 tCN-)h-Zr^el W �• •. O = "ANN* Iaauf D0r.0R AfC IM101M ale r :.�� 1 - 101NTY•-+4 ..a ,!e•� �' 'rill` el allll�w'ierP 1�1se• • --M'�IF/erP _ . `Male' #XN3TA • ,` wICKif0M/IN1fI1Y ana.rel...a+.r.rol.•...Prii.r�. OV RSIDE CO1MfTY f1LM CON1100 ' - ...ea.e... �..�•.....rw....' - A" HATER COpEERVATKIN DISTRICT WORM DRAIN EASEMENT AMENDED P.M. NO.2188 P.M. 152/22.31 PARCEL d 12029 g OF TNNATION I 4 i J / PARCEL 3 -A• L W C"Tfl T fMPrT1AE. T.IIIST'I LSEE EMMIT'1C' FOR EASEMENT ROTES al CMSE TABLE N.. &OR.WAONG LAMUS 'OUT. ORARC ~tl T=fREhL� wc.Tr EXHIBIT `�' NNW anxro v aMa .wa.w•.Lw.ww.•.�.Aw.RaA. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT `r STORM DRAIN EASEMENT 12029 s� I / / / (PAD I , PARCEL f�ARcE,.. 7�5- rx�q--- I ^ �• p / AMENDED \Oory`ry P. M, No. 21BS4 P, MA5222-31 COURT f 'T'r�• PARCEL A• Ir IEMENT 8 3 I 1 " 3 1. Las AND STREETS EAST OF MAR(IARITA ROAD M TRACT 23771+6 UN4MCORDEDAT THIS TIME. N •-56-27�W R. SEE ERNIRIT'Ca FOR EASEMENT NOTES. .. IRAD 1 r \ o COURSE TABLE No. IN Olt MAKING RADIUS DIST.0IARCIAN67I �l''OO\�, -: 1 /RE3=Q" NOD.00• 114.RT . E R12RSL13( E1.E2' . rE' 1 R �LTF 7T�YI 2TSROI-0Y 347.11' • am" EXHIS "B" p� � RIVERSIDE COUNTY FLOOD CONTROL• �►L AND WATER CONSERVATION DISTRICT "^STORM DRAIN -EASEMENT. PFO1°�r0563 ' - - xr^a� a 1•:]nn' nips 1 / R:Y 1999 V17 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: (William G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Execute a Quitclaim Deed whereby the City quitclaims All Rights and Interests in and to a Certain Drainage Easement for La Serena Way Storm Drain, Stage 1 at Seminole Street as offered by a Declaration of Dedication for Tract Map No. 23371 — Temeku Hills Development PREPARED BY: Ronald J. Parks, Deputy Director of Public Works )C,Steve Charette, Associate Engineer DATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING A QUITCLAIM DEED WHEREBY THE CITY QUITCLAIMS ALL RIGHTS AND INTERESTS IN AND TO A CERTAIN DRAINAGE EASEMENT FOR LA SERENA WAY STORM DRAIN, STAGE 1 AS OFFERED BY A DECLARATION OF DEDICATION FOR TRACT MAP NO. 23371 — TEMEKU HILLS BACKGROUND: The La Serena Way Storm Drain, Stage 1 has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on November 14, 1989 by the District, The County of Riverside and The Buie Corporation. In order for the District to accept the storm drain for maintenance the City of Temecula, under separate Resolution, accepted a Declaration of Dedication recorded January 10, 1990, as Instrument No. 12033 (copy attached), dedicated for construction of this facility, and executed a quitclaim deed conveying the drainage easement to the District. During the tentative map process for Tract Map 23371 a drainage easement located at the southerly end of Spyglass Hill Lane was offered to the public in the form of a Declaration of Dedication. As part of Tract Map 23371-11 the roads were re -configured resulting in a change in location of the drainage facilities in relation to said drainage easement and a change in the street name at this location from Spyglass Hill Lane to Seminole Street. Specifically, a portion of the drainage easement as described in the said Declaration of Dedication is no longer needed for public use. Staff therefore recommends execution of a quitclaim whereby the City quitclaims all rights and interests in a portion of the easement at the southerly end of Seminole Street more specifically described in Exhibit "A" and "B" attached. R:\AGENDA REPORTS\2004\082404\RCFC&WCD Drainage Easements.Seminole Street.DOC 1 FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 2004- 2. Declaration of Dedication — Recorded Instrument No. 012033 3. Quitclaim Deed with Exhibits "A" & "B" RAAGENDA REPORTS\20041082404\RCFC&WCD Drainage Easements.Seminole Street.DOC 2 RESOLUTION NO. 2004-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING A QUITCLAIM DEED WHEREBY THE CITY QUITCLAIMS ALL RIGHTS AND INTERESTS IN AND TO A CERTAIN DRAINAGE EASEMENT FOR LA SERENA WAY STORM DRAIN, STAGE 1 AS OFFERED BY A DECLARATION OF DEDICATION FOR TRACT MAP NO. 23371 — TEMEKU HILLS 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: A. La Serena Way Storm Drain Stage 1, Project No. 7-0-0315 was constructed in Seminole Street (formerly Spyglass Hill Lane) to convey storm runoff from Tract 23371 (Temeku Hills); B. A Declaration of Dedication, recorded January 10, 1990 as Instrument No. 012033 was dedicated for the construction of this facility; C. A portion of the drainage easement as described in said Declaration of Dedication is no longer needed for drainage purposes due to subsequent re -configuration of streets and drain facilities as part of Tract Map No. 23371-11; D. Executing the quitclaim deed to forever quitclaim all right, title, and interest in and to the drainage easement serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to execute a quitclaim deed described in Exhibit "A" and shown on Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby executes the quitclaim deed described in Exhibit "A" and shown on Exhibit "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of August 2004. ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) Michael S. Naggar, Mayor RAAGENDA REPORTS\2004\082404\RCFC&WCD Drainage Easements.Seminole Street.DOC 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of August, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RMGENDA REP0RTS\20041082404\RCFC&WCD Drainage Easements.Seminole Street.DOC 4 ' Ta 23371, Margarita Golf Course, CONSENT TO RECORDING (Gwammert C000 Saceon 70501 Tw5 IS TO CERTar sus ar soma 1M swo.nne sr M C""y m Rwenee ww. w. eeM aw neew. w ee rycmeegn m ew Denwaem et Doftsw tl eu o tr om" tl swans s amerw Dmed 91141A9 AV SEctrou Z9 001 A46AIDA clam 7.3 M C09RA DA U40NEv Cbm of 0u-goals go Eu 'roJ. 17-0-301 .�,(g,,on sites Ri�afle as clad C+sOE OEM M: u. Pt a+~Mss 1033 Ylsest.Gse-.W- D"ick _V4 Z e DECLARATION OF DEDICATION Margarita Village Development Company, a California Joint venture comprised of Nevada -Rancho California, Ltd., a California limited partnership and i4 Buie -Rancho California, Ltd., a California limited partnership i Marshy Irrevocably dedlcate(s) In perpetuity to the public for flood control purposes, including Ingress and egress, that certaln real property situated In the County of t Riverside, State of California. described as follows: J ..�i. See legal description attached hereto as Exhibit "A" and made a part hereof. Margarita Village Development Company. a California Joint venture By: Nevada -Rancho California, Ltd., ... .. .. •. �, a California limited partnership By: Nevada ap1u1 L[d., f a Ca11 rnla eorp nt1 , Cenral Partner Date: (title) (7 By: Buie -Rancho California, Ltd., - a California limited partnership i A By: The Buie Corporation, r a Calif.s ettorp"'Ption, General Partner o By: LV T• 1�.. �_ Date• Lao,., :bn.eT (title) FWE�c �f 7315'5e)(o 1• 12033 STATE OF NEVADA ) COUNTY OF CLARK ) On November 9, 1969. before me, COLLEEN JOHNSON the undersigned, a Notary Public in and for said State, personally appeared JAMES S. LE'SLIE, IV, known to ■e to be the President of NEVADA CAPITAL, LTD., a corporation, the corporation that executed the within instrument, known to ■e to be the persona who executed the within instrument on behalf of said corporation, said corporation being known to at to be the general partner of NEVADA-RANCHO CALIFORNIA, LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the joint venturers of MARGARITA VILLAGE DEVELOPMENT COMPANY, the joint venture that executed. the within instrument, and acknowledged to me tbat,-such corporation executed the ease as such partner, that such partner executed the same as such limited partnership, that such partnership executed the same as such •li joint venturer and that such joint venture executed the same. � WITNESS m7 hand and official seal. .q. NOTARIPUBLIC STATE OF NEVADA coom it John" �• COLLEEN.M. JOHNSAN NOTARY .PUBLIC rr A/sswesebPmJsm Bk Np. M*w 12033 STATE OF CALIFORMIA ) II ).ss COMM OF SAN DIEGO ) ji I• On this 8 day of Y6V&g!pe be_ .I�. !!�� rryy o Personao nallyLappearid9AGlSer . c:ae�for �sai st ate, personally known to as (or proved to so on. • ass of . `—"-- — satisfactory evidence) to be the pr•sid•nt,.- corporation execute of-4- instrumentAand known to ae.to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to a• to be the general partner of EF)IE-RANCao CALIFORNIA,- LTD., the limited partnership that executed the within instrument, said partnership being.known to ae to be one of the joint venturers of NARGMTh VILLAGE DMLOpILENT CORPORATION, the Joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, that such partner executed the alas as such limited partnership, that such partnership executed the vane as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. oer +. E10, 1z o..mp.A.ms.,teo e 12033 2050CMuCo Avenue Suite 100 Riverside. CA 92507 (714) 792-0707 RICK ENGDmEuNG COMPANY Legal Description J - 10583 EXHIBIT "A" STORM DRAIN EASEMENT By: DRfjz Chk. DB n«. By Date: August 14, 1989 Page 1 of 2 A storm drain easement being a portion of Parcel 4 of amended Parcel Map 21884, in the County of Riverside, State of California, as shown by map on file in Book 152, Pages 22 to 31 inclusive of Parcel Maps, Riverside County Records described as follows: A strip of land being 34.00 feet in width lying 12.20 feet to the Southwest of and 21.80 feet to the Northeast of the following line from the Point of Beginning to Point "A" then a strip of land 30.00 feet in width, lying 1250 feet to the Southerly of and 1750 to the Northerly of the following line from point "A" to the Point of Termination described as follows: Commencing at the centerline intersection of Camino Corto and La Serena Way per said map; thence Southwesterly along said centerline of La Serena Way per said map South 36059'38" West 2357 . feet; thence South 53000'22" East 44.00 feet to the Southeasterly 44.00 foot half street sideline of La Serena Way per said map said point also being the TRUE POINT OF BEGINNING, thence South 51050'00" East 105.55 feet to the herein described point "A"; thence South 5105OW East 192.05 feet to the beginning of a tangent 306.00 foot radius curve concave Northerly; thence Easterly along said curve through a central angle of 35055'00" a distance of 19L82 feet; thence South 8r45'W' East 127.49 feet to the beginning of a tangent 714.00 foot radius curve concave Southerly; thence Easterly along .said curve through a central angle of 22045'00" a distance of 283.50 feet; thence South 65°WW' East 121.91 feet to the beginning of a tangent 400.00 foot radius curve concave Southerly; thence Easterly along_ said curve through a central angle of 2r5252" a distance of 194.65 feet; thence South 37°07'W' East 33.78 feet to the beginning of a tangent 450.00 foot radius curve concave Northerly; thence Easterly along said curve through a central angle of 1000051" a distance of .78.65 feet to a point on the Westerly 50.00 foot half street sideline of Meadows Parkway (formerly known as Kaiser Parkway) as shown on said map, said point being the Point of Termination. u . NORSuit Chicago Menuc Suitt 100 Rivemide. CA 92507 (714)762.0707 J - 10583 RICK ENGWEEmNG COMPANY 12033 EXHIBIT W STORM DRAW EASEMENT By: DRCz Chk. DB Date: August 14, 1989 Page 2 of 2 Legal Description na1. Order No. We oaaer. Haw. By The sidelines of said easement shall be lengthened or shortened to begin at the Easterly sideline of La Serena Way per said map and shall be lengthened or shortened to terminate on the Westerly sideline of Meadows Parkway per said map. Robert A. Stockton cya N0. t501 R.0 E. 33591 W 830-00 License Expires 6.30-90 PC-, rC,-- 7315- SAC., + 1=33 Igo � � • A r w YI s IdENOEC P.M.Ne.�iee4 M. I52/2.2-31 t� 41 Sd {TORN "A"$ •�7r, i� <AKMENT I_ ,If .`�tl:>..:.:. ��;� ♦ Mid �._ PARCEL 4 SNMQ MST Of IA MINA WAY AM OIItT Of RAIS MS[IMAt Ip K 1111E 1SMl. j� ;� ` curt; TAM1F w.. at r110 smut Mr. Me �c was t �iKIE � Kb t ORltFt✓il M.SI • i•' N.T. EXHISIT•06• aMOKs�.n�wor+r � .r....r.•r1+nNww� •.....r. OVERSIOE r C011NTIS1l7AOS OONRfDL•' • AND WATER CONSERVATION OMRICT•••••"••••••'"'•••••••'•••'«�••• STORM 9RANI EASEMENT. 340 : .100' UATSr L A Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Project No.: 7-0-0315 Tract No.: 23371 La Serena Way SD, Stg. 1 RCFC Parcel 7315-507 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim all right, title and interest in and to the easement as described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, situated in the City of Temecula, County of Riverside, State of California, which was a portion of the Declaration of Dedication recorded January 10, 1990 as Instrument No. 012033, records of the Recorder's Office, Riverside County, State of California. Vacation over portions of APNs 953-440-003, 953-440-004, and 953-440-029 Date ATTEST: Susan W. Jones, City Clerk CITY OF TEMECULA, a municipal corporation: MICHAEL S. NAGGAR, Mayor (SEAL) VACATION STORM DRAIN EASEMENT TRACT 23371-11 EXHIBIT "A" A portion of the land described by a Grant of Easement recorded January 10, 1990 as Instrument No. 12033, Records of the County of Riverside, within the City of Temecula, State of California, said land being within Lots 85, 86 and 115 per Tract 23371-11, as filed in Book 275, Pages 48 through 55 inclusive, of Maps, Records of said Riverside County, within said City of Temecula, more particularly described as follows: COMMENCING at the most Northwesterly corner of said Lot 85, said corner being on the Southeasterly variable half width sideline of Seminole Street per said Tract 23371-11, said comer also being the beginning of a non -tangent 47.00 foot radius curve, concave Westerly, a radial bears South 47° 10'09" East; THENCE Southwesterly along said sideline, the Northwesterly line of said Lot 86 and the arc of said curve through a central angle of 05 e20'56" a distance of 4.39 feet to the TRUE POINT OF BEGINNING; THENCE South 65 °00'00" East 86.29 feet to a point on the Westerly 50.00 foot half width sideline of Meadows Parkway as shown on said Map, said point being the beginning of a non -tangent 1450.00 foot radius curve, concave Northeasterly, a radial bears South 62°03'33" West; THENCE Southeasterly along the arc of said curve, and said sideline through a central angle of 7°29'21" a distance of 189.53 feet to a point on the Southwesterly sideline of said Grant of Easement said point also being the cusp of a non -tangent reverse 462.50 foot radius curve, concave Northeasterly, a radial bears South 37' 11'49" West; THENCE Northwesterly along the arc of said curve and said Southwesterly sideline, through a central angle of 15'41'02" a distance of 126.60 feet; THENCE North 37e07'08" West 33.78 feet to the beginning of a tangent 387.50 foot radius curve, concave Southwesterly; THENCE Northwesterly along the arc of said curve through a central angle of 15 e54'29" a distance of 107.59 feet to a point on said variable half sideline of Seminole Street, said point being the beginning of a non -tangent 47.00 foot radius curve, concave Northwesterly, a radial bears South 30e02'32" East; THENCE Northeasterly along the arc of said curve and said sideline through a central angle of 11 e46'41 ", a distance of 9.66 feet the TRUE POINT OF BEGINNING. Containing 0.12 acres, more or less. '0 r� �QP""S'ON Robert A. Stockton, R.C.E. 33591 Q� S p AN ST q�Fy License Expires 6-30-2002 5 4c .1. Date: 8 �9• ¢ No. C033591 z 2 C FAI 3193\legals\ I 93sd.wpd 1M' Exp. 06-30-02 * ✓ I Jd �Tq�OF/ret 1F0P�\P ((Exo.1O46_30-02 "ESS/(',,\ t No. C0335912 CIVI\ �P OF CAL\10'// No. DIRECTION --------------------- L1 N 37007'08" W No. DELTA --------------------- Cl 11'46'41" 88 3-7 o 0 o/ k A.ds _. �D 96 JJ A �oN 115 PORTION OF - INST. NO. 12033 REC. 1-10-1990 TRACT 337J-1J NIS 27,5/4 -555 9J -3J 9 J ' D97 ISTANCE \ ---------- 33.78' RADIUS LENGTH, ------------------ 47.00' 9.66' 1J6 I I o M /c'Z Al a N 1 0 w C,r?] 1 c=)j 50, N 1 W ]RICK ENGM EKING COMPANY EXHIBIT 'Be 3950 rnloopo warns VACATION STORM DRAIN -EASEMENT Suite 100 Hivw3l0s. Col Vorn to 92507 (909) 782-0707 SCALE: 1'z40' nATF-.11ll V 9Q 1QQ ITEM 10 APPROVAL CITY ATTORNEY _r DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ,/City Manager/City Council FROM: / // �/Villiam G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Authorize Temporary Street Closure of Main Street between Old Town Front Street and Pujol Street for the "Temecula -On -Stage" event scheduled for September 4, 2004 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works/City Engineer. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Uteve Charette, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE "TEMECULA-ON-STAGE" EVENT SCHEDULED FOR SEPTEMBER 4 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The "Temecula -On -Stage" event is scheduled for September 4, 2004 from 6:00 PM to 11:00 PM with the actual street closure scheduled between 6:00 AM to 11:00 PM. This first-class event will showcase the area's top chefs and wineries along with a variety of performances from local musicians, vocalists, actors and dancers. This event will be the focal point of the Labor Day weekend in which visitors will enjoy all that Temecula Valley has to offer at a discount, by purchasing a special passport provided by local businesses who partnerwith the event. Through this event, the organizers of "Temecula -On -Stage" will participate in the funding process to assist the Theatre Foundation in its efforts to promote a Community Theatre in Old Town Temecula. The event will require assistance from the Public Works Department by providing support services for the street closure, public safety monitoring, and the permit process. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the RAAGENDA REPORTS\2004\082404\Temecula-on-Stage Street Closure.DOC closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights -of -way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for this specific event, "Temecula -On -Stage", to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction -related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisorydevices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2004 2. Vicinity Map RAGENDA REPORTS\2004\082404\Temecula-on-Stage Street Closure.DOC RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND PUJOL STREET FOR THE "TEMECULA-ON-STAGE" EVENT SCHEDULED FOR SEPTEMBER 4, 2004 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES THE CITY COUNCIL OF THE CITYOF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City of Temecula sponsors the "Temecula -On -Stage" event, for which such temporary street closure on Main Street between Old Town Front Street and Pujol Street promote the safety and protection of persons using or proposing to use that street for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Main Street for the "Temecula -On -Stage" event scheduled for September 4, 2004; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve the temporary street closure of Main Street forthe "Temecula -On -Stage" event, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit the temporary street closure of Main Street for the "Temecula -On -Stage" event scheduled for September4, 2004, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 241h day of August, 2004. ATTEST: Susan W. Jones, CMC City Clerk Michael S. Naggar, Mayor R:\AGENDA REPORTS\2004\082404\Temecula-on-Stage Street Closure.DOC [SEAL] 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.2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 24th day of August, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RA AGENDA REPORTS\2004\082404\Temecula-on-Stage Street Closure.DOC 88 �■ : ��! \ / (a rD k } �0'Em k�\� ) ±� ,| ¢ �§.���§�/j ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN, CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /WV Villiam G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Tract Map No. 31042 located on the south side of State Route 79 South, approximately nine hundred (900) feet east of Jedediah Smith Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Kendra Hannah, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 31042 in conformance with the Conditions of Approval BACKGROUND: Tract Map No. 31042 is a two (2) lot subdivision for condominium purposes located on the south side of Highway 79 South, approximately nine hundred (900) feet east of Jedediah Smith Road. Tract Map No. 31042 is a subdivision of Parcel 8 and Parcel 14 of Parcel Map No. 30468 whereby 21.44 acres will be subdivided into a two -lot condominium map. Monuments associated with Tract Map No. 31042 have already been set with Parcel Map No. 30468, and all offsite improvements are being completed with Parcel Map No. 30468, therefore, no bonds are required. On January 29, 2003, the City of Temecula Planning Commission approved Tentative Tract Map 31042, with the appropriate Conditions of Approval. The underlying Development Plan PA01-0611 was approved by the City of Temecula Planning Commission on May 1, 2002 and the site is now being developed. The Developers, A & S Temecula Creek Village, LLC, A California Limited Liability Company and Temecula Creek Village, LLC, A California Limited Liability Company, have met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report for Parcel Map No. 31042 3. Project Vicinity Map 4. Tract Map No. 31042 R:\AGENDA REPORTS\2004\082404\TM 31042.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 31042 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Not Required. This fee is not required by RCFCD in this area. Paid. This fee was collected prior to issuance of building permits. R:WGENDA REPORTS\2004\082404\TM 31042.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 31042 DATE: Auaust 24.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0 $ 0 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 0 $ 0 Monumentation $ - $ 0 DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ Not Required $ Paid $ 56.00 $ 4.00 $ 790.00 $ 250.00 $ 1100.00 $ 0.00 3 R:VAGENDA REPORTS\2004\082404\TM 31042.doc N Ji��s`rb d 00 3 , R• P �- )a d r- P o U � 5 QP � LLI N o Q ly 0 a U O z o W�rc U Z • ' 5 W N H � w a ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /AA� Nilliam G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Winchester Road Widening, Project No. PW00-27 Acquisition Agreement — California Bank and Trust PREPARED BY: RECOMMENDATION Attar, Principal Engineer That the City Council: Approve and authorize the Mayor to execute substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and California Bank and Trust, as successor -in -interest to First Pacific National Bank, for the acquisition of certain real property in the amount of $59,500.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On July 22, 2003, the City Council approved the Appraisal Report and authorized the City Engineer and the City's Property Agent, to make offers and negotiate the acquisition of certain real properties required for the construction of the Winchester Road Widening, Project No. PW00-27. The attached Purchase and Sale Agreement describes the details for the acquisition of the real property interests necessary to construct the improvements for the future Winchester Road Widening. The purchase amount of $59,500.00, is the amount negotiated and within the limits authorized by the City Council. Upon the approval of the Purchase and Sale Agreement and the close of escrow, the City will own the easement on APN 909-282-012. Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. RAagdrpt\2004\0511\PW02-23 purchase of BP West Coast FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004 budget. Adequate funds are available in Account No. 210- 165-608-5700 for the total acquisition cost of $59,500.00 plus the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Agreement of Purchase and Sale R:\agdrpt\2004\0511\PW02-23 purchase of BP West Coast RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 24 h day of August, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor R:\agdrpt\2004\0511\PW02-23 purchase of BP West Coast 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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 24th day of August 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RAagdrpt\2004\0511\PW02-23 purchase of BP West Coast PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND CALIFORNIA BANK & TRUST (WINCHESTER ROAD WIDENING PROJECT) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of August _, 2004 by and between CALIFORNIA BANK & TRUST, as successor -in -interest to First Pacific National Bank ("Seller"), and the CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. Seller is the owner of that certain real property commonly known as 41615 Winchester Road, Temecula, California, and identified as Assessor's Parcel Number 909-282- 012-5 and legally described on Exhibit "A" attached hereto (referred to hereafter as the "Property"). On July 29, 2003 the Buyer delivered to Seller an offer (the "Offer") to purchase a portion of the Property for a permanent public street easement ("Street Easement") and a temporary construction easement ("License"), each as more particularly described in Exhibits "B" ("Street Easement Area") and "C" ("Easement Area"), respectively, attached hereto and made a part hereof (together, the "Subject Property Interests") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B. Buyer intends to use the Subject Property Interests for public purposes, specifically for the California -Winchester Road Widening Project Number PW 00-27 ("Project"). Buyer intends to construct street and street related improvements in the Street Easement Area acquired by Buyer after the Close of Escrow. Buyer will use the Easement Area in connection with construction of the Project. C. Seller desires to sell and Buyer desires to buy, the Subject Property Interests on the terms and conditions set forth herein. ""NOW THEREFORE, in consideration of the foregoing premises, operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Subject Property Interests to Buyer, and Buyer agrees to buy the Subject Property Interests from Seller, on the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price for the Subject Property Interests to be paid by Buyer is the sum of Fifty -Nine Thousand Five Hundred Dollars ($59,500) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for Buyer's interest in the Street Easement. Escrow Holder shall also request two copies each of all 597060.06/SD G 141-055/8-5-04/kmd/c w instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Seller shall grant the Street Easement to the Buyer, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Street Easement Area; and (b) Those non -monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller may elect, but shall have no obligation, to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow or Seller elects not to cause such exceptions to be removed, Buyer may, at Buyer's option, either accept the Street Easement subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, all monetary encumbrances other than liens for property taxes not yet due and payable shall be subordinated to the Street Easement. 4. Easement Deed and Temporary Construction Easement. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow (i) an Easement Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Street Easement, substantially in the form attached hereto as Exhibit D and (ii) a Temporary Construction Easement, substantially in the form attached hereto as Exhibit "E". 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Street Easement granted to Buyer subject only to the Permitted Title Exceptions. (b) Escrow Holder shall have received Buyer's written notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and (c) Seller shall have deposited in Escrow the Easement Deed and Temporary Construction Easement required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow agreed to by both parties as necessary or proper for issuance of the Policy, including the Easement Deed. 597060.0610 C3141-055/8-5-04/kmd/cw -2- 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Easement Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date, which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Subject Property Interests from any source whatsoever shall be solely that of Seller, except as provided in Section 8 below. Buyer shall pay all escrow costs. 7. Escrow Charees and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, any endorsements, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Easement Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Between the Opening of Escrow and the Close of Escrow or earlier termination of this Agreement, Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Street Easement Area, including, but not limited to, the right to perform non- invasive soil and geological tests of the Street Easement Area and an environmental site assessment thereof. Buyer shall give Seller reasonable written notice before going on the Property. In connection with such entry, Buyer: (1) shall perform any investigation or other work by Buyer during the Seller's non -business hours; (2) shall perform all work in a safe manner; (3) shall not permit any hazardous condition to remain in the Property; (4) shall repair any damage or disturbance to the Property; and (5) shall keep the Property free and clear of all mechanics' or materialmen's liens arising out of Buyer's activities. Buyer shall indemnify, defend, protect and hold Seller and its partners and affiliates and their respective officers, directors, shareholders, employees, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments (including, attorneys' fees and court costs), whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property, which is in any way connected with Buyer's or its employees', agents' or contractors' inspections or non -permanent improvements involving entrance onto the Property pursuant to this Section. This obligation shall survive the Close of Escrow. Upon termination of this Agreement or the Close of Escrow, whichever occurs first, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Subject Property Interest to Buyer, violates or shall violate any 597060.06/SD c 14"55/9-5-0ank,,,d/c. -3- contract, agreement or instrument to which Seller is a party, or which affects the Subject Property Interests except with respect to the CCR's for the Property, and the sale of the Subject Property Interests herein contemplated does not require the consent of any party not a signatory hereto. (b) There are no written or oral leases or contractual right or option to lease, purchase in and to the Street Easement Area or any part thereof. (c) Seller has no current, actual knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Street Easement Area. 10. FULL PAYMENT OF ALL OBLIGATIONS OF CITY (a) It is understood and agreed between Seller and Buyer that the payments and obligations made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all Subject Property Interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, pre -condemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. (b) This Agreement arose out of Buyer's efforts to acquire the Subject Property Interests through its municipal authority. The parties agree that this Agreement is a settlement of claims in order to avoid litigation. Seller, on behalf of itself and its successors and assigns, hereby fully releases Buyer, its officials, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Subject Property Interests or any preliminary steps thereto (collectively, "Claims"). (c) Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected as a result of Buyer's efforts to acquire the Subject Property Interests, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all Claims arising from or related to Buyer's efforts to acquire the subject Property Interests which they may have under 5970MO&SD C3141-055/8-5-04/kmdkw 4- California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding anything to the contrary, the foregoing shall not limit Seller's remedies in the event of the Buyer's breach or default of its obligations in this Agreement. (d) This section shall survive the Close of Escrow. 11. Contineencies. (a) Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Subject Property Interests shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (i) That as of the Close of Escrow the representations and warranties of Seller contained in Section 9 of this Agreement are all true and correct. (ii) The delivery of all documents pursuant to Section 4 hereof. (iii) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's interest in the Street Easement subject only to the Permitted Title Exceptions. (iv) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Street Easement Area or the underlying real property that Buyer might perform pursuant to Section 8 prior to the Close of Escrow; and (v) Seller's delivery to Escrow Holder of merger documentation establishing California Bank and Trust as the successor -in -interest to First Pacific National Bank- (b) Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow: (i) Prior to the Close of Escrow, Buyer shall provide a letter to Seller from the applicable City department confirming and commenting to the effect that the Property will be conforming as it relates to setback requirements after conveyance of the Street Easement to Buyer pursuant to this Agreement. J/ 597060.06/SD C3141-055/5-5-04/kmd/ew -5- 12. Additional Representations by Buyer. As additional consideration for this Agreement, Buyer hereby covenants and agrees to the following for the benefit of Seller, which covenants and obligations shall survive the Close of Escrow: (a) Buyer agrees that no portion of the parking facilities of the Property will be used for construction staging purposes and construction workers will not park on the Property in connection with the construction of the Project. (b) Buyer will make every effort to minimize interference with access to the Property during the construction of the Project. (c) Buyer agrees to place signs along Winchester Road indicating that the businesses remain open during the construction of the Project. (d) Buyer will remove and relocate Seller's existing monument sign and entrance sign at driveway at Buyer's sole cost and expense, to a location approved by Seller, which approval shall not be unreasonably withheld. (e) Buyer shall be solely responsible for obtaining any approvals from the Association that may be required for any improvements proposed in the Street Easement Area. (f) Except as expressly provided in Section 8, no improvements shall be constructed by Buyer in the Street Easement Area until after the Close of Escrow. (g) Buyer has reviewed improvement plans designed by Ward B. Maxwell and approved on July 28, 2004, Drawings ST 1-4 for Project No. PW00-27 and landscaping elevation plans prepared by Vincent Di Donato dated June 4, 2004, Sheet 2 of 6 ("Plans") for the improvements proposed to be constructed by the Buyer in the Street Easement Area or on Seller's Property. The Buyer shall provide Seller with notice of any material changes proposed to the Plans, which Seller shall have the right to review and approve. Seller's approval shall not be unreasonably withheld. In the event Seller fails to provide written notice of approval or disapproval (and if disapproval, a detailed statement of reasons why it is being disapproved) within five (5) business days of receipt of the proposed changes, Seller shall be deemed to have approved such changes. (h) Buyer agrees to reevaluate the transition lane between Enterprise Circle North to the point past the driveway to the Property at the Seller's request after the Project is completed if safety issues arise, including impacts on ingress and egress to the Property. Buyer agrees to consider Seller's future concerns regarding the operation of the transition lane between Enterprise Circle North to the point past the driveway to the Property, as may be appropriate. (i) Buyer will repair and/or replace any hard or softscape damaged by work related the Project, with all repairs to match existing improvements at the Property, including the run-off trench for the driveway. 0) Buyer will remove all trees currently located on the Property as part of the Project and replant new trees as provided in the Plans, subject to the change in location of the proposed new trees as shown on the diagram attached hereto as Exhibit "P". 597060.06/SD C3141-055/8-5-04/k.&cw -6- (k) Buyer shall indemnify, defend, protect and hold harmless Seller and its affiliates and their respective officers, directors, partners, employees, successors and assigns from and against any and all claims, damages, awards, judgments, liabilities, obligations and expenses (collectively, the "Claims") arising out of, resulting from, or relating to the Project. 13. Certification of Non -Foreign Status. Seller covenants to deliver to Escrow a certification of Non -Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non -defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property Interests, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non -defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non -defaulting party shall be without prejudice to the non -defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: City Manager COPY TO: Richards, Watson & Gershon 355 South Grand Avenue, 40`h Fl. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: California Bank & Trust 300 Lakeside Drive, 8th Floor Oakland, CA 94612 Attn: Victoria Underwood COPY TO: California Bank & Trust 11622 El Camino Real, Suite 200 San Diego, CA 92130 Attn: David L. Russell 597060.06/SD C314I-055/8-5-04/kmd/cw Gov COPY TO: Allen Matkins Gamble & Mallory 501 West Broadway, 9`h Fl. San Diego, California 92101 Attn: Kari M. Prevost, Esq. ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, California 92501 Attn: Linda Keneston 16. Broker's Commissions. Each party represents and warrants to the other party that no brokers or finders have been employed or are entitled to a commission or compensation in connection with this transaction as a result of the action or agreement of the indemnifying party. Each party agrees to indemnify, protect, hold harmless, and defend the other party (and its partners and affiliates and their respective officers, directors, shareholders, employees, agents, successors and assigns) from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 19. Miscellaneous. (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. 597060OS5/8- �/(/ C3141-055/8-5-04/kmd/cmr -8- Ie/—�,(//J /V/ (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Intemretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) City Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terns of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other ply. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 12 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 12 hereof. [REMAINDER OF THIS PAGE LEFT BLANK] 597060.06/SD C3141-055/8-5-04/kmd/cmr -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER: CALIFO$,NIA BANK & TRUST By: avid Russell Senior Vice President — Director Corporate Real Estate Facilities Un Vice President — Leasing Corporate Real Estate Facilities is Ind", CITY OF TEMECULA, a municipal corporation: Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: �v Peter M. Thorson G' City Attorney 597060.06/SD C3141-055/8-5-04/kmd/cw -i0- EXHIBIT "A" Legal Description of the Property PARCEL A Order No. 9724040 PARCEL 15 AND THAT PORTION OF PARCEL 26 OF PARCEL MAP 19582-2, AS SHOWN BY MAP ON FILE IN BOOK 147 OF PARCEL MAPS, PAGES 3 THROUGH 6 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 16 AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 16 NORTH 41 ° 51' 27" WEST 225.10 FEET; THENCE NORTH 44° 37' 02" WEST 225.00 FEET; THENCE NORTH 450 22' 58" EAST 38.00 FEET; THENCE SOUTH 440 37' 02" EAST 191.00 FEET; THENCE NORTH 450 22' 58" EAST 144.63 FEET; THENCE SOUTH 41 ° 51' 27" EAST 244.85 FEET; THENCE SOUTH 04° 21' 41 " WEST 33.24 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 16 SOUTH 480 08' 33" WEST 156.78 FEET TO THE POINT OF BEGINNING, PURSUANT TO PARCEL A OF LOT LINE ADJUSTMENT NO. PA96-0015, RECORDED MAY 31, 1996 AS INSTRUMENT NO. 96-201038, OFFICIAL RECORDS. PARCEL B AN EASEMENT FOR RECIPROCAL INGRESS AND EGRESS OVER THAT PORTION OF PARCEL "B", AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT PA96-0015, RECORDED MAY 31, 1996 AS INSTRUMENT NO. 201038, OFFICIAL RECORDS, ALSO BEING A PORTION OF PARCEL 26 OF PARCEL MAP 19582-2, AS SHOWN BY MAP ON FILE IN BOOK 147 OF PARCEL MAPS, PAGES 3 THROUGH 6 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 26, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF ENTERPRISE CIRCLE NORTH; THENCE ALONG SAID RIGHT OF WAY NORTH 45° 22' 58" EAST 38.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 45° 22' 58" EAST 15.00 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 44° 37' 02" EAST 176.00 FEET; THENCE NORTH 450 22' 58" EAST 130.35 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY OF ENTERPRISE CIRCLE NORTH; THENCE ALONG SAID RIGHT OF WAY SOUTH 41 ° 51' 27" EAST 15.02 FEET; THENCE LEAVING SAID RIGHT OF WAY SOUTH 450 22' 58" WEST 144.63 FEET; THENCE NORTH 44- 37' 02" WEST 191.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C AN EASEMENT FOR DRAINAGE PURPOSES OVER THAT PORTION OF PARCEL "B", AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT PA96-0015, RECORDED MAY 31, 1996 AS INSTRUMENT NO. 201038, OFFICIAL RECORDS, ALSO BEING A PORTION OF PARCEL 26 OF PARCEL MAP 19582-2, AS SHOWN BY MAP ON FILE IN BOOK 147 OF PARCEL MAPS, PAGES 3 THROUGH 6 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 26, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF ENTERPRISE CIRCLE NORTH; THENCE ALONG SAID RIGHT OF WAY NORTH 450 22' 58" EAST 38.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE LEAVING SAID RIGHT OF WAY SOUTH 44° 37' 02" EAST 191.00 FEET ALONG THE PARCEL LINE BETWEEN SAID PARCELS "A" AND "B"; THENCE CONTINUING ALONG SAID LINE NORTH 450 22' 58" EAST 144.63 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT 597060.06/SD EXHIBIT "A" C3141-055/8-5-04/kmd/cmr -I- Order No. 9724040 OF WAY OF ENTERPRISE CIRCLE NORTH; THENCE ALONG SAID RIGHT OF WAY NORTH 41 0 51' 27" WEST 15.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 410 51' 27" WEST 16.02 FEET; THENCE LEAVING SAID RIGHT AY S TH 450 22' 58" WEST 113.06 FEET; THENCE SOUTH 440 37' 0 AST 16.00 FE T; THENCE NORTH 450 22' 58" EAST 112.23 FEET TO THE TRIJE POINT OF BEGINNING. Assessor's Parcel Wo: 909-282-012-5 597060.06/SD EXHIBIT "A" C3141-055/5-5-04/kmd/cmr -2- EXHIBIT "B" Permanent Street Easement Area LEGAL DESCRIPTION FOR STREET DEDICATION (WINCHESTER ROAD) BEING A PORTION OF PARCELS 16 AND 26, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6 INCLUSIVE, RECORDED DECEMBER 2, 1987, ALSO DESCRIBED AND PARCEL 'A' OF LOT LINE ADJUSTMENT NO. PA96-0015 RECORDED MAY 31, 1996 AS INSTRUMENT NO. 96-201038 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 'A', THENCE ALONG THE SOUTHEASTERLY LINE THEREOF; 1. NORTH 48008'33" EAST 156.78 FEET TO AN ANGLE POINT IN SAID SOUTH- EASTERLY LINE, THENCE ALONG THE EASTERLY OF SAID PARCEL'A' 2. NORTH 04021'41" EAST 33.24 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 'A' 3. NORTH 41051'27." WEST 16.62 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE 4. SOUTH 04021'41" WEST 39.92 FEET; THENCE 5. SOUTH 48008'33" WEST 151.96 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID PARCEL 'A', THENCE ALONG SAID SOUTHWESTERLY LINE 6. SOUTH 41051'27" EAST 12.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2,291 SQUARE FEET OR 0.053 ACRE, MORE OR LESS. 597060.06/SD EXHIBIT "B" C3141-055/8-5-04/kmd/c. -I- EXHIBIT 'B' PARCEL V LLA PA96-0015 \\ NI NOWAE � MEND AOM49WN - AREA: aOW Aa OR 22M IF. n- POO PoNr w sEm m YPARCEL U A-PJA96-0075_... .__ oll 4Q � Yew � �� • / 0\ EASEAAENT NOTES � \ A 13' MW PRWAIE EAZW94T FOR REOPRO AL 14W5 AND E1YaSS PER NST. Na 4E.T472 RM 14/2s/0& © A 16' WE FRYAIE EASDRENr FaR ONAMAGE - HAYVSE5 PER LAST. ma 4047J RM 12/24/D4 ®AN EISEIeff N FAWR OF SOVM M OWFMOA , WSW COIPANY FUR WCOMRCIMD ELEC1R1CA1. , SLPPLY SYSIEIFS AND CL'4GAAACAMN S7S/ENS PIR Wr. Na J41987 REC Ij/D2/$7. / 60 LAND SG ©AN ELSaOfT M FAWR CF SIOURIF7N CAlA`ORMA / / / 9��Z�S A. bGRAa^,, FASCW COWANY FOR (SSWO" SEEM a1L SUPPLY STS W AND COIAAA19C171QY SYSIFYS / PER MST. Na PF M RM 02/UB/Ol. / , / / * RM 7178 ® AN EMB NT FOR NA11 WMNCE OF LVOSCAPMD / G� - Eq. /2-3f-03 - FIR MST. Na 251100 RM 12/1J/U 1// PRWBLTDffifCiNCONSULTAMIS ��� ,��� S-/J•+o3 CCJJ FYr.o.ein.Q..iw.m.nvs -- 4s4w rtua. Pu.R Asw. aw. rro t`.+...+a w .ssao SWTi A NAW La 7170 DALE n 095'4a PAX 665."07 f1k7ASMAIRM.EM IM 12/W/W T'\SURVEY\2310.06\PLATS\2310PD6-I.dwg 909-2e2-012 597060.06/SD EXHIBIT "Bn C3141-055/8-5-04/kmd/cmr -2- EXHIBIT "C" Temporary Construction Easement Area LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT AREA BEING A PORTION OF PARCELS 16 AND 26, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6 INCLUSIVE, RECORDED DECEMBER 2, 1987, ALSO DESCRIBED AND PARCEL'A' OF LOT LINE ADJUSTMENT NO. PA96-- 0015 RECORDED MAY 31, 1996 AS INSTRUMENT N0..96-201038 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY'CORNER OF SAID. PARCEL'A', THENCE ALONG THE SOUTHWESTERLY LINE THEREOF 1. NORTH 41051'27" WEST 12.00 FEET 2. NORTH 48008'33" EAST 3. NORTH 04021'41" EAST 4. SOUTH 48008'33" WEST TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY LINE 151.96 FEET; THENCE 28.91 FEET; 172.83 FEET THENCE TO A POINT IN SAID SOUTHWESTERLY LINE OF SAID PARCEL'A; THENCE 5. SOUTH 41051'27" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3,248 SQUARE FEET OR 0.075 ACRE, MORE OR LESS. 597060.06/SD EXHIBIT "C" C3141-055/8.5-04/kmd/cmr -I- EXHIBIT 'B' N N Q% PARCEL 'B' LLA PA96-0015 \ \� NOSME tEGEND ARY 1:� J C04571KOMW EASpplf AYEA 6.M AG 3248 SE, POC Powr OFC018omw �WW 1ROF MW OF SMWAR0 PARCEL 'A' \ \ 4Gti�, \ NCO tea\ ,r Q A IS' N AE PR7YAIE GISELPIi iOR M2MR702 N. ` fMORESf AND ED�S P'FR 6fSf. /AfA MW72 REF ® A 96' MOE PRNAIE EA.SFAQ/f FOR ORAM44E 1P08 / PIM = PFR Mr. Na 483473 RM 1yY4/D& AN ® S YSM �ANrIV EFOR OVFRGfi EW E=DVM- &MY-Y SMIW AND C018RA6a/1NW S1SiW FV? MSf. NO. J41987 RM iI7DY/67. ©AN EAS dWr N FAWR OF SOURERN G4W M6A MMW ~ANY AN G'mFROROfGN7 EIEDiRICAf. SLFMY sts/tvs AND 4010AAWCAna SYSTEMS PER Wr Na 046M RM MP/Dfl/V. / ® A 21' 610E EASBOWT FUR NAMRNANCE OF LAN05T,~ MR RM Na 28MOO RM / V� �j 12/73/U G� ICJ -PRQWCrORMWaC. 4;>T �roi pRs uro P s. > `' a �san Soo R ram T1uy 13, R003 - 10,55u - ----- -- - " SF,O LAND S0A' `�eo,�{ N• hp��i^a �y NAP * Na 7173 00. 12 M-03 or OAu f/171 7178 DATE 909-282-012 597060.06/SD EXHIBIT "C" C3141-055/8-5-04/kmd/c= -2- EXHIBIT "D" Street Easement Deed RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attn: City Clerk FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE $ 6103 and 27383 (Space Above For Recorder's Use) No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code §6103 APN: 909-282-012 [ ] ALL [XI PORTION GRANT OF EASEMENT DEED THIS EASEMENT DEED (this "Easement Deed") is made as of this _ day of 2004, by CALIFORNIA BANK & TRUST, as successor -in -interest to First Pacific National Bank ("Grantor"), to and for the benefit of the CITY OF TEMECULA, a Political Subdivision ("Grantee"). 22. Grant of Easement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, and to its successors and assigns, a perpetual, non-exclusive, appurtenant easement and right over, under and across a portion of that certain real property owned by Grantor located in the City of Temecula, County of Riverside, State of California (the "Easement Area"), for purposes of a street and improvements necessary thereto. The Easement Area is legally described in Exhibits "A", and depicted in Exhibits "B", attached hereto and made a part hereof. 23. Benefit of Easement. The Easement granted hereby is for the benefit of Grantee and its successors and assigns. 24. Grantee Responsible for Costs of Easement. Grantee shall be solely responsible for all costs related to the construction, repair and maintenance of the Easement Area, and any other professional fees associated with the work and all other obligations of Grantee contemplated by this Easement Deed. 597060.06/SD C3141-055/8-5-04/kmd/c w 25. Duration of Easement. The Easement shall continue in perpetuity. 26. Indemnification by Grantee. Grantee covenants and agrees that it shall indemnify, defend, protect and hold harmless the Grantor, its officers, directors, members, agents and/or employees and its successors and assigns from and against any and all liability, loss or damage to which the Grantor, its officers, directors, members, agents and/or employees may be subjected to as the result of the rights granted herein or the existence or presence of the structures and improvements covered and/or contemplated by this Easement Deed or any act or omission by Grantee, its officers, members, agents or employees arising out of the exercise by Grantee, its officer, members, agents or employees of any of the rights granted to Grantee by this Easement Deed. 27. Compliance with Laws. Grantee covenants and agrees that it shall at all times construct, maintain, use, repair and operate the Easement Area in compliance with any and all applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of the courts, permits or permit conditions. 28. Permitted Use. Grantee shall use the Easement Area solely for the above -stated purposes and for no other use, purpose or purposes whatsoever. 29. Reservation by Grantor. SPECIFICALLY EXCEPTING AND RESERVING the right, to be exercised by the Grantor and its successors and assigns, and by any other party who has obtained, or may obtain, permission or authority from Grantor or its successors and assigns to do so: (a) to operate, maintain, repair, renew and/or relocate any all existing wires, fiber optic cables, piped, and other facilities of like character, over or under the surface of the Easement Area; and (b) from time to time to construct, operate, maintain, repair, renew and/or relocate upon the Easement Area additional facilities of the character described in clause (a) of this paragraph, consistent with the right granted herein, without in any instance being required to obtain the consent of Grantee the same as if this Easement Deed had not been executed; provided, however, that in the exercise of such rights, Grantor shall use reasonable care not to materially interfere with or block the use of the Easement Area or to damage any fencing or, other improvements located thereon. 30. Miscellaneous. (a) Waiver. If Grantor or Grantee fails to insist on the strict observance by the other party of any of the provisions of this Easement Deed, neither party shall be precluded from subsequently enforcing this Easement Deed or be held to have waived any such provision. (b) Relationship of the Parties. Nothing in this Easement Deed shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent, partnership, joint venture, landlord and tenant or any other association between Grantor and Grantee other than the relationship described herein. (c) Entire Agreement. This Easement Deed, including all exhibits hereto (which are hereby incorporated herein by reference for all purposes), contain the full and final agreement of every kind and nature whatsoever between the parties hereto concerning the subject matter set forth herein and all preliminary negotiations and agreements of any kind are merged 597060.06/SD C3141-055/8-5-04/kmd/cmr -2- herein. This Easement Deed may not be changed, amended or modified in any manner other than by a written amendment or modification executed by and between Grantor and Grantee or their respective successors and/or assigns. (d) Captions. The captions used in this Easement Deed are for convenience only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the meaning of the provisions of this Easement Deed. (e) Partial Invalidity. If any provision of this Easement Deed or the application thereof shall be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Easement Deed in its application shall not be affected by such partial invalidity but shall be enforced to the fullest extent permitted by law as if such invalid or unenforceable provision was never a part hereof. (f) Applicable Law. This Easement Deed shall be construed in accordance with the laws of the State of California and the parties agree that jurisdiction for all actions hereunder shall lie in the State of California. (g) Costs of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Easement Deed, the prevailing party in such action shall be entitled to recover from the losing party all of the prevailing party's costs of suit, including, but not limited to, reasonable attorneys' fees awarded by the court. (h) Successors and Assigns. All rights, obligations and liabilities herein given to or imposed upon any party hereto shall extend to the permitted successors and assigns of any such party. (i) Time of Essence. Time is of the essence of each provision of this Easement Deed in which time is an element. 0) Counterparts. This Easement Deed may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Easement Deed. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 597060.06/SD C3141-055/8-5-04/kmd/cw -3- IN WITNESS WHEREOF, the Grantor has caused this Easement Deed to be executed as of the day and year first above written. "GRANTOR" California Bank & Trust By: David Russell Senior Vice President — Director Corporate Real Estate Facilities By: Victoria Underwood Vice President — Leasing Corporate Real Estate Facilities 597060.06/SD C3141-055/8-5-04/kmd/cmr 4- CERTIFICATE OF ACCEPTANCE EASEMENT DEED This is to certify that the interest in real property conveyed by the within deed or grant to the City of Temecula, a municipal corporation, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA, a municipal corporation 597060.06/SD C314 1 -05 5/8-5-04/kmd/= -5- STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On before me, a Notary Public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (SEAL) 597060.06/SD C3141-055/8-5-04/km&c= -6- EXHIBITS A AND B LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA 597060.06/SD C3141-055/6-5-04/km&c= _']_ EXHIBIT A LEGAL DESCRIPTION FOR STREET DEDICATION (WINCHESTER ROAD) BEING A PORTION OF PARCELS 16 AND 26, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6 INCLUSIVE, RECORDED DECEMBER 2, 1987, ALSO DESCRIBED AND PARCEL 'A' OF LOT LINE ADJUSTMENT NO. PA96-0015 RECORDED MAY 31, 1996 AS INSTRUMENT NO. 96-201038 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL'A', THENCE ALONG THE SOUTHEASTERLY LINE THEREOF; 1. NORTH 48008'33" EAST 156.78 FEET TO AN ANGLE POINT IN SAID SOUTH- EASTERLY LINE, THENCE ALONG THE EASTERLY OF SAID PARCEL'A' 2. NORTH 04021'41" EAST 33.24 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 'A' 3. NORTH 41051'27." WEST 16.62 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE 4. SOUTH 04021'41" WEST 39.92 FEET; THENCE 5. SOUTH 48008'33" WEST 151.96 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID PARCEL 'A', THENCE ALONG SAID SOUTHWESTERLY LINE 6. SOUTH 41051'27" EAST 12.00 FEET TO THE POINT OF BEGINNING. CONTAINS 2,291 SQUARE FEET OR 0.053 ACRE, MORE OR LESS. 597060.06/SD EXHIBIT A C3141-055/8-5-04/kmd/cmr -I- EXHIBIT B GRAPHIC DEPICTION OF EASEMENT AREA EXHIBIT 'B' \ UNFrY la scut LEG= �1� AVICAI -CF pJ - aaSS / IIA PA9 PARCEL 'S' \\ i Aa Ca 2"1 SF. \ \\ \\ \� POD PONT OF BE1aIVNIM. 446 \��` 0-1 92 �Y ; PARCEL W \ \ 4 NCO t moo. Q� Q\ EASEMENT NOTES A IS' EASEL&!?. RECPRO ,�\ i S AAPRlGRE N4RES5 ANO EGRESS PER NST. Ka 485472 REa. K R 1z/2s/ti9, A le WE PRNAIE EASMENT PUR ORANAW RMFOSES PER MT. Na 48.T47J RM 12A4/9a / AN EA.SEle T N FAIVR OF Sp VeW OUM WA EDISON COWANY FOR UAIERGROPHO LiECROCAt SEMY StSTEIYS AND CORM OWAMW SISIELS PER HST. Na 341987 REa I2/"7. , ©AN EASElkINTN FA10R OF SOURAW QUODWAWSW COWANY FOR COI / / / SWPLY SYSTEMS AAD S1SIEi15 / PER HST Na 045762 18 a 02,A8/111. © AN EMENENT FOR MAWTO ANOE OF LAN0S1CAPNG PER WT.. Na 281100 Ra 12/15/SSPFDJBCn)BW p 4iP+crC /,lo�Vj ►unwi&ww ri8 aewre`N8 4s"o Aup n.l.. o.t+.. 8wn. m l ercwa a at6ao SCE wnna•aaae rAX W-6507 �y T-\SURVEY\2310.06\PLATS\231OP06-I.dwg May 13, 2003 - I1,04an Em, LS N78 0.11E 12/31/OJ 909-282-012 597060.06/SD EXHIBIT B C3141-055/5-5-04/kmNc. -I- EXHIBIT "E" Temporary Construction Easement Agreement CITY OF TEMECULA Temporary Construction Easement (This easement is not to be recorded) APN: APN #909-282-012 SITE ADDRESS: 41615 Winchester Road PROJECT: Winchester Road Widening -Project No. 00-27 THIS EASEMENT, made this_ ("Grday of _2004, California Bank & Trust, successor -in - interest to First Pacific National Bank antor") and acknowledged owner of the land on which this Temporary Construction Easement is a part, hereby grants to the City of Temecula ("Grantee"), a municipal corporation operating under the general laws of the State of California, a Temporary Construction Easement ("TCE") over, under, across and through that portion of Grantor's property ("TCE Area") as legally described on Exhibit "A" and shown on Exhibit "B" attached hereto and by this reference herein incorporated. The purpose of the Temporary Construction Easement is to allow Grantee, as part of the construction of curb, gutter, sidewalk, signal work and storm drain improvement for the above - referenced Project to enter upon Grantor's property for the purpose of constructing the road and related improvements in the right-of-way, as shown on City of Temecula Engineer's Drawing No. ST-4, prepared by Ward B. Maxwell dated May 25, 2004, Project No. PW-00-27; provided, however, that no permanent improvements may be made in the TCE Area. Nothing herein shall permit any right of egress and ingress over, under or upon the Property other than in the TCE Area. Grantee is responsible for the repair and restoration of Grantor's existing landscaping, irrigation systems and other improvements, located on Grantee's property, that may be damaged during Grantee's use of this Temporary Construction Easement. The Grantor acknowledges that work performed by the Grantee is in the interest of public good. Grantee shall use reasonable efforts to use the TCE Area in a manner so as to minimize interference with business operations and ingress and egress to the property. The City shall not permit any liens to stand against the Property for work done or materials furnished in connection with the Project. This Temporary Construction Easement shall be valid for a term of twelve (12) months from the commencement of construction, and upon the expiration of such term shall cease and automatically terminate and this Easement shall be null and void and of no further force and effect. 597060.06/SD C3141-055/8-5-04/kmd/cw GRANTOR CITY OF TEMECULA Signature, Owner(s) of Record William G. Hughes Director of Public Works/City Engineer Name(s) Print Mailing address City, State & Zip Business Phone After hour's Phone Number Exhibit List: Exhibit A -Legal description Exhibit B-Drawing of the area in use NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED 597060.06/SD C3141-055/8-5-04/kmd/cmr -2- EXHIBIT A LEGAL DESCRIPTION 101:3 TEMPORARY CONSTRUCTION EASEMENT AREA BEING A PORTION OF PARCELS 16 AND 26, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6 INCLUSIVE, RECORDED DECEMBER 2, 1987, ALSO DESCRIBED AND PARCEL 'A' OF LOT LINE ADJUSTMENT NO. PA96-- 0015 RECORDED MAY 31, 1996 AS INSTRUMENT N0..96-201038 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY 'CORNER OF SAID. PARCEL'A', THENCE ALONG THE SOUTHWESTERLY LINE THEREOF 1. NORTH 41051'27" WEST 12.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY LINE 2. NORTH 48008'33" EAST 151.96 FEET; THENCE 3. NORTH 04021'41" EAST 28.91 FEET; 4. SOUTH 48008'33" WEST 172.83 FEET 5. SOUTH 41051'27" EAST 20.00 FEET THENCE TO A POINT IN SAID SOUTHWESTERLY LINE OF SAID PARCEL 'A; THENCE TO THE TRUE POINT OF BEGINNING. CONTAINS 3,248 SQUARE FEET OR 0.075 ACRE, MORE OR LESS. 597060.06/SD EXHIBIT A C3141-055/5-5-04/kmd/c. -I- EXHIBIT B GRAPHIC DEPICTION OF EASEMENT AREA EXHIBIT 'B' / / QPeLLA PARCEL 015 \N ti \ EA�6IENT N� QP¢Gw Q A IS' NQE FWAYE E'AS0&Wr FOR REQFRWW / AND EMWW PER FM NA 4W472 REA © A IN' NW AQIVAIE EASBW FOR MWAGE ROWS= PER Mr. Na 483473 REA f2/24/D6 AN EA �AN'FFtlM1x2ER EIECFUR SPRY SYSiELS AND 00NIfN8CArI0N S7S/E1ES PEN Wr. NR S4M87 REA 12/h2/87. ©AN EAS9aW N FAKR OF SI(RIAW CN-FUMA l XVW ~ANr FAQ IAlOER4:tOfAW EtEORBCAC SFRr S7SIw AND AOMNIIIACAINLQ S1SIEMS PER &M Na 0F8782 SM 02/OB/SV. ® A 2f' NW EAS38:Nr FOR MAAIIENANCE CE 14NDSL^~ PER "ASC Na 2811W RM �1 �8� R ,10D Mb �B IAX�tD6 66h J!O A At6f0 140r 13, Z003 - 10,5za fN NO SME NAMES mfOPARr WSIMAM L1r EASE16Fr AREA OA78 AA 5249 SF. POO POW OF O010ElIcoef7 �ww 184E Pow OF8fl7NIW0 Q,� PARCEL 'A' LCA. PA88'= = N � A * NO. 7173 Ep: 12-31-M 9FCA�1f " MOWTl78 DATE 909-282-012 597060.06/SD EXHIBIT B C3141-055/8-5-04/kmd/cmr -1- M EXHIBIT F 1 WL. 0 ra. W. I Y t am- ►. Y4. SOY � r4O. c. 'A• • S1' uS b i.h {/'may l • 1 b Mt. ^ A. .' ��' / �/ I•I / /� .61 CITY 'OF TEMECULA mrAOMKW OF PUeuc WORDS CITY OF TEMECULA L�� WINCHESTER ROAD WIDENING 1 ar�n INUCHO 1d1 110. AM AMRSON AVC. PLANTING PLAN ghost 2 or • niWt ..h, Orland 9y I O.own By Cho hoo Oy VINCUR 0 00"AM U-� Nu. 9017 597060.06/SD EXHIBIT F C3141-055/8-5-04/kmd/cmr -I- ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER % CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Award of Construction Contract for Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 PREPARED BY: Ward B. Maxwell, Associate Engineer RECOMMENDATION: That the City Council: Award a construction contractforthe Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 to Riverside Construction, Inc. in the amount of $1,607,570.00. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $160,757.00, which is equal to10% of the contract amount. 3. Approve an appropriation in the amount of $775,000.00 from General Fund Capital Reserves to the Winchester Road Widening at Jefferson Avenue Intersection Project, Project No. PW00-27 BACKGROUND: The improvements along Winchester Road will include street widening from Jefferson Avenue to Enterprise Circle North and South, modification of the existing median, retaining walls, commercial driveway approaches, curb and gutter, and landscaping. The improvements along Jefferson Avenue will include; widening southbound Jefferson Avenue from Winchester Road 400 feet to the north, construction of approximately 900 feet of raised medians, commercial driveway approaches, curb and gutter, and landscaping. The project will also include utility relocations, signing and striping, and traffic signal modifications. The proposed construction will provide a dual left turn pocket from eastbound Winchester Road to northbound Jefferson Avenue, along with an additional through lane for eastbound traffic. In addition, the work on Jefferson Avenue will provide a dual left turn pocket for southbound Jefferson Avenue traffic to eastbound Winchester Road. These improvements will increase the efficiency of the intersection and provide for safer turning movements on Jefferson Avenue. An appropriation of $775,000.00 from General Fund Capital Reserves is necessary to cover the construction costs for this project. RAAGENDA REPORTS�20041082404\PW00-27award new.DOC Two (2) bids for the project were publicly opened on August 19, 2004. The results are as follows: Riverside Construction, Inc. $1,607,570.00 All American Asphalt $1,722,722.00 Staff has reviewed the bid proposals and found Riverside Construction, Inc. of Riverside, California to be the lowest responsible bidder for this project. Riverside Construction, Inc. has satisfactorily completed work for the City before and other agencies as well. The specifications allow forty five (45) working days for the completion of this project. A copy of the bid summary is available for review in the City Engineer's office. The Engineering estimate for this project is $1,280,000.00. Increases in labor and materials costs have been raising overall construction costs approximately 25-30%. FISCAL IMPACT:The Winchester Road Widening Project is a Capital Improvement Program Project and funded with Development Impact Fees -Public Facilities, and Capital Project Reserves. An appropriation of $775,000.00 from General Fund Capital Reserves is necessary to cover the construction costs for the Winchester Road Widening at Jefferson Avenue Intersection Project. The base amount of the contract is $1,607,570.00 adding 10% contingency of $160,757.00 for a total construction cost of $1,768,327.00. la■LTd'1 ilAk1t&3 1. Location Map 2. Project Description 3. Contract RAAGENDA REPORTS\2004\082404\PW00-27-award ne .DOC M O .r z� 0 Y a a 0 aw+ o 0 0 o a F y O O N V U ffi fH fH NA U4 h9 W S 00 r' CD N �b O N 0 O O N O eOe{{ O O O 0 0 7 l� O N 7 M b T b 00 p Q t% fH fH fH 69 Hi fA u rn v�i 0000 v cl 7 c �A v�i Noo fiq ffl .5 en W o •� q C O •y •O U U A F CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW00-27 WINCHESTER ROAD WIDENING THIS CONTRACT, made and entered into the 24thday of August, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Riverside Construction, Inc., hereinafter referred to as "CONTRACTOR." W ITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW00- 27, WINCHESTER ROAD WIDENING , Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW00-27, WINCHESTER ROAD WIDENING. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW00-27, WINCHESTER ROAD WIDENING. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R:ICIP1ProjectsTW00-271SpecificabonslContrad The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW00-27, WINCHESTER ROAD WIDENING All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION SIX HUNDRED SEVEN THOUSAND FIVE HUNDRED SEVENTY DOLLARS and NO CENTS ($1,607,570.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Forty -Five (45) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. B. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of CONTRACT C-2 R:ICIPIProjectsIPW00-27\SpecificafionslContract the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. C. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. D. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. CONTRACT C-3 RAC IP1Projects1PW00-271Specifcafions\Contract 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT C-0 R:ICIPIProjects\PW00-2ASpecifcabonslContract 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 CONTRACT CS R:\CIP\ProieGts\PW00-27\Specifcatons\Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Riverside Construction, Inc. 111 North Main Street Riverside, CA 92501 (951) 682-8308 Donald M. Pim, President/Manager George J. Olivo, Corporate Secretary (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CE R:ICIPTrojectsIPW00-2nSpecifcatonslContrect ITEM 14 ORDINANCE 04-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ZONING AND HISTORIC PRESERVATION STANDARDS FOR THE OLD TOWN SPECIFIC PLAN (PLANNING APPLICATION NO. 03-0158) WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on February 8, 1994, the City Council of the City of Temecula approved the Old Town Specific Plan to guide the revitalization of Old Town Temecula; and WHEREAS, the Old Town Specific Plan created the Old Town Local Review Board to assist in the implementation of the Plan and to periodically suggest ways to improve the Specific Plan; and WHEREAS, the Old Town Local Review Board identified a number of areas where supplemental design guidelines could be necessary and worked with City Staff to develop detailed amendments to the Specific Plan; and WHEREAS, the Planning Commission considered these proposed amendments on June 16, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; WHEREAS, the City Council considered these proposed amendments on August 10, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, BE IT RESOLVED that the City Council Section 1. Approval of the Zoning Standards, The City Council for the City of Temecula hereby adopts the Zoning Standards for the Old Town Specific Plan that are located in Section III of the Old Town Specific Plan and contained in Exhibit A. Section 2. Approval of the Historic Preservation Requirements. The City Council for the City of Temecula hereby adopts the Historic Preservation Requirements for the Old Town Specific Plan that are located in Section V of the Old Town Specific Plan and contained in Exhibit B. Section 3. Environmental Determination. A detailed Initial Environmental Study (IES) checklist was prepared for the update of the Old Town Specific Plan. The analysis identified no significant impacts on the environment. The IES and Notice of Intent to Adopt a Negative Declaration was circulated for public review between May 24, 2004 and June 17, 2004. The City Council has previously adopted a Negative Declaration for this project. Section 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any R:/Ords 2004/Ords 04-08 sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law.. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 24'h day of August, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] 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 the foregoing Ordinance No. 04-08 was dulintroduced and placed upon its first reading at a regular meeting of the City Council on the 10` day of August, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 24`h day of August, 2004 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJOrds 2004/Ords 04-08 III. LAND USE AND DEVELOPMENT STANDARDS CONTENTS: A. Introduction B. Establishment of Land Use Districts and Map C. Land Use Regulations D. Site Development Standards E. Relationship of the Specific Plan to Other Codes F. Supplemental and Special Use Standards G. Sign Regulations H. General Provisions and Regulations A. INTRODUCTION Page 1114 Page III-1 Page III-4 Page III-10 Page III43 Page III-14 Page III-24 Page 111-29 The Old Town Specific Plan area is comprised of eight land use districts. Each district establishes permitted land uses and development standards which are intended to implement the goals, policies and objectives of this Specific Plan, as contained in Section H, and the City's General Plan. These land use regulations and development standards constitute the primary zoning provisions for the Old Town Specific Plan area. B. ESTABLISHMENT OF LAND USE DISTRICTS AND MAP Specific Plan Land Use Districts. The following Land Use Districts (Planning Areas) are hereby established within the Old Town Specific Plan area: ❑ Highway Tourist Commercial (HT) District ❑ Old Town Civic (OTC) District ❑ Tourist Retail Core (TRC) District ❑ Community Commercial (CC) District ❑ Tourist Serving Residential (TSR) District ❑ Medium Density Residential (MDR) District ❑ High Density Residential (HDR) District ❑ Open Space (OS) District The Specific Plan Land Use Map (Exhibit III-1) depicts the boundaries of each land use district within the Specific Plan area. Old Town Specific Plan III - I Old Town Temecula Specific Plan Exhibit III-1 Proposed Land Use Districts Map 2. Descriptions of Land Use Districts. a. Mjzhway Tourist Commercial (HT). The Highway Tourist Commercial designation is intended to provide for those uses that are located adjacent to major transportation routes and may be oriented to the needs of tourists and recreation enthusiasts. Highway Tourist Commercial development should be located at appropriate locations, and developed as clusters of commercial development rather than as shallow commercial frontage along major streets. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience stores, and gift shops. The facilities should be well landscaped and provide an attractive visual image. b. Old Town Civic (OTC). The Old Town Civic designation is intended to provide for public and quasi -public uses such as parks, city offices, police/fire stations, public day care centers, senior citizen centers, community centers, museums, and similar facilities. C. Tourist Retail Core (TRC). The Tourist Retail Core designation is intended to provide for those uses that support and compliment the pedestrian -oriented core. The designation typically includes small scale, boutique -type retail businesses. Service and office uses are generally allowed on either the second floor or on non -Old Town Front and non -Main Street parcels. Residential uses are allowed as ancillary uses when located above the ground floor or in the rear of the lot. Tourist retail uses are generally small businesses occupying no more than 5,000 square feet. Typical uses may include gift shops, restaurants, small hotels, bed and breakfasts, mixed use, antique shops, small hardware/decorator stores, museums, art galleries, flower shops, jewelry shops, clothing shops, custom furniture items, and similar retail uses. d. Community Commercial (CC). The Community Commercial designation includes retail, professional office, and service -oriented businesses that serve the entire community. Community commercial areas typically include neighborhood commercial uses, as well as, larger retail uses including department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. e. Tourist Serving Residential (TSR). The Tourist Serving Residential designation is intended to provide for the wide range of tourist serving overnight accommodations which include senior housing, bed & breakfasts, hotels, motels, motor courts, rental cottages, and hostels. Eating places would be allowed as accessory uses. Camping and R.V. parks would not be allowed. Town Specific Plan III - 3 f. Medium Density Residential (MDR). The Medium Density Residential designation (7 to 12 dwelling units per acre) is intended to provide for the development of attached and detached residential development. Typical housing types may include single family detached, single family zero lot line, patio homes, duplexes, townhouses, condominiums, garden apartments and conventional apartments. g. High Density Residential (HDR). The High Density Residential designation (13 to 20 dwelling units per acre) is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, condominiums, garden apartments, and conventional apartments. h. Open Space (OS). The Open Space designation includes both public and private areas of permanent open space along the floodways of Murrieta Creek. This designation is intended to include lands acquired by exaction, easement, fee, and other methods sanctioned by State and Federal law for parkland, for preservation of biological and cultural resources, and for protecting public safety from flood hazards. 3. Land Use District Boundaries Where boundaries of the land use districts appear to follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to follow existing property lines, they shall follow said property lines and shall not bisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries with the Open Space Land Use District along the channel of Murrieta Creek may bisect adjacent parcels. C. LAND USE REGULATIONS This section includes a matrix ('fable III-1) which lists the land uses and indicates whether or not each use is permitted (P), conditionally permitted (C), or prohibited (-) in each of the land use districts within the Specific Plan area. When exceptions have been established, they are so noted at the end of the table. Permitted uses for the Medium Density Residential (MDR), High Density Residential (HDR), and Open Space (OS) Planning Areas shall be the same as identified in the Development Code for the Medium Density Residential, High Density Residential and Open Space/Conservation zones, respectively, as periodically amended. Old Town Specific Plan III - 4 TABLEIH-1 LAND USE MATRIX LIST OF USES TSR HT OTC TRC CC A Adult entertainment businesses - - - Animal hospital - - - Antique sales - - - P Appliance sales and repair - - - Ep Art, photographic studios, galleries, school supplies - - C P Athletic, aerobic and health gyms and weight reducing clinics - - Auction houses - P C Auditoriums/concert/convention halls C P P Auto service station P Auto Related (including motorcycles): Sales or rental (with ancillary repair facilities in a totally enclosed area) Service and repair Parts and supplies (no on -site repair) Specialty retail I C - C - - - P P P P P Awnings and canvas goods, sales and service (within an enclosed building) P B Bake (retail only) P, P P P Banks, savings and loans, financial institutions (new uses in excess of 1,250 sq. ft. must provide sufficient off-street parking.) P P P Barber shopP P Bar and cocktail lounge (incidental food service only) C C C Beauty colleges Beauty shop P P P Bed and breakfast P P Bicycle rentals - P P P Bicycle sales - P P P Billiard/pool centers - P Blood bank - P Blueprint and photocopy services - P P Book, gift, stationary, newspaper sales P Bowling alley Bridal shops/tuxedo and costume rentals P Business colleges and professional schools 4#P P Business and office services P P Butcher shop P I P Old Town Specific Plan 111- 5 TABLE3H•1 LAND USE MATRIX LIST OF USES TSR 5 HT OTC TRC CC C Cabinet making - P Camera and film sales (including limited film rocessin ) P P1 P Candy and confectioneries - P Car wash - full service - P Car wash - self service - P C Carpet and floor covering - P Catalog sales - P Catering services - P P Check cashing services - P P P China and glassware sales - P P Clothing and apparel sales - P Clubs, lodges and meeting halls P P Coin and stamp dealers P P Communications and microwave installations Community care facilities C Computers and video equipment P P Convalescent homes Convenience market (with or without the sale of alcoholic beverages) P P3 P Cosmetologist P P Costume rentals P P Cultural/artist exhibits, and an sales: P C P D Dance halls and discotheques C C C Dance schools and studios P Day care centers P P P - P Delicatessens and sandwich shops - P P Department stores - P - P Dispensing opticians - P P Discount/club membership stores - Drapery and curtain sales - P Drug stores and pharmacies - P P P Dry cleaning and laundry - C P E Educational and tutorial centers P P Electric equipment and supplies (within an enclosed building) P Equipment sales and rental F Farmers market C C Feed, grain and tack sales 113 Old Town Specific Plan III - 6 TABLE III.1 LAND USE MATRIX LIST OF USES TSR HT OTC TRC CC' Finance and insurance offices P P p2P Fishing supply stores P Floor covering sales - P Florist shops P 17P Fortune telling, spiritualism or similar activity P p2P Funeral parlors - Furniture and home furnishings P P Furniture and upholstery repair and supelies Furriers P, P G Game Arcades C C Garden equipment, supply, sales and service - Gift, novelty, souvenirs P P P Governmental offices P P P P Grocery store and market (retail only) P P Grocery store, wholesale Gun sales - P P H Hardware stores P P Health food stores P Pi P Hearing aids - 32 P Hobby and craft shops P P Home improvement centers Hospitals P Hospital equipment sales and rental agencies Hotels/motels P P P P I Ice cream and yogurt shops/soda fountains P' P Interior decorating shops P Instant printing and photo copying services P P Insurance agents, brokers and services P I P P4 P J Janitorial supplies P Jewelry sales P P K Kitchen equipment sales P L Laboratories, medical and dental P Laundromats P Laundry service C P Lighting fixture shops P Liquor stores C C C Lithographic services P P2P Old Town Specific Plan III - 7 TABLE III 1 LAND USE MATRIX' LIST OF USES TSR 5 HT OTC TIW CC Locksmith stores P P Luggage and leather goods - P P P Lumber yard - M Machine tools and sales - Mail order businesses - P P Mail services, postal boxes for rent P P Marine sales/service Medical equipment sales Membership clubs and organizations C Message centers P Mini -storage Mobil home sales Mortuaries Motorcycle sales and service Movie theaters - P P P Music, dance and exercise stores/studios - Pz P N Newspaper offices - P2 P Newsstand - P P, P Night Clubs (with live entertainment) - C C C Nurseries and garden supply stores P -R7rsing homes O Office, business machine sales P2 P Orthopedic devices sales 134 P P Paint, glass, and wallpaper sales - P Paper productsales P, P Parkin lots/garages P C C C P Parcel shipping/copy/fax center - P P Pawnshop - Performing arts theater - P P Pet sho s - P P Phonographic/CD/tape/record store - P P Photo -developing stores - P P, P Photographic studios P 1123P Picture framing shops P P Pin ball and electronic game arcades C C C Plumbing and equipment supplies Private schools Professional and medical offices P P I P Old Town Specific Plan III - TABLEIII-1 LAND USE MATRIX. LIST OF USES TSR' HT OTC TRC CC Reserved R Radio and TV sales P P Radio and TV broadcasting CZ P Real estate office P P Pz,3 P Recording studios P P Recreational vehicle sales - Recycling facilities Religious institution C C C Religious materials sales P P Residential, attached and detached P Restaurants: Without a full bar, entertainment, or dancing (includes the incidental serving of beer and wine only) With entertainment, dancing, and/or serving beer, wine and distilled spirits P P P1 P C C C C Restaurant, fast food without a drive-thru P P P Restaurant, fast food with a drive-thru C - lio—orning and boarding houses P S Second hand/thrift stores P, P Security and commodities brokerage firms P P. P Sewing supplies and fabrics P, P Senior citizen housing P Shoe sales and repair P, P Shoeshine stand P Sign shops P Skating rinks Sporting oods stores P, P Sports and recreational facilities - P P Stationery stores - P P, P Swimming pool ands a, sales and supplies - T Tailor shops - PyliP Tanning salons P P P Taxidermists P P Telephone and communications store P P Theaters P Pi P Ticket a enc /entertainment P P, P Tile sales P Tobacco shops P Old Town Specific Plan III - 9 TABLE III-1 LAND USE MATRIX; LIST OF USES TSR HT;' OTC TRC CC Toy sales P P Travel agencies P P Trophies and awards P Truck sales/rentals Typewriter and business machine sales and service P2 P U Reserved V Vending machine sales and service Veterinarian C Video sales and rentals PJ P W Watch and clock repair Pi P Wedding chapels P P Wine tasting facility P X Reserved Y Reserved Z Reserved P Use is permitted by right in this planning area C Use is permitted with a Conditional Use Permit in this planning area - Use is not Permitted in this planning area 1 Use is limited to under 5,000 gross square feet. 2 Use is limited to either the second floor (or higher) or to non -Old Town Front and non - Main Street parcels. 3 Use is limited to under 2,500 gross square feet. 4 Subject to the standards contained in Chapter 17.40 of the Temecula Municipal Code. 5. Non-residential projects in the Tourist Serving Residential Planning Area must either retain a .predominantly residential character or be developed as a mixed use project. D. SITE DEVELOPMENT STANDARDS This section contains the development standards tables for the Specific Plan. Table III- 2 contains the site and development standards for the Highway Tourist Commercial (HT), Community Commercial (CC), Tourist Retail Core (TRC) and Tourist Serving Residential (TSR) Land Use Districts. Table III-3 contains the site and development standards for the Medium Density Residential (MDR), High Density Residential (HDR), Old Town Civic (OTC), and the Open Space (OS) Land Use Districts. Old Town Specific Plan III -10 Table III-2 DEVELOPMENTSTANDARDS COMMERCIAL LAND USE DISTRICTS HT TRC/TSR CC Lot Size and Densit Minimum Lot Area (square feet) 10,000 3,500 8,000 Maximum Dwelling Units per Acre 1 0 NR z 0 Lot Dimensions Minimum Width at Required Front Setback Area 60 feet 25 feet 60 feet Minimum Corner Lot Width 100 feet 50 feet 60 feet Minimum Depth 80 feet 80 feet 80 feet Minimum Frontage at Front Property Line 80 feet 25 feet 60 feet Setbacks Minimum Front Yard 25 feet 0 ° 0 ° Maximum Front Yard N/A 10 feet s 20 feet Minimum Comer Side Yard 10 feet 0 0 Minimum Interior Side Yard 0 0 0 Minimum Rear Yard 10 feet 0 10 feet Minimum Accessory Building to Interior Side Yard 10 feet 10 feet 10 feet Minimum Building Separation 0 0 0 Other Maximum Stories/Height 3/50 feet 3/50 feet 6 2/30 feet Maximum Lot Coverage 70% 100% 70% Minimum Required Landscaped Open Space 20% 0% 6 10% Maximum Fence, Wall or Hedge Height 6 feet 6 feet 6 feet Minimum Private Open Space/Unit N/A 150 sq. ft. N/A 1. This requirement does not apply to existing legal lots. 2. As a Mixed Use Project on the upper floors and in the rear lot areas only. 3. Building shall be setback exactly ten feet if no covered arcade or porch is provided at the front of the building. 4. If a continuous porch or arcade (minimum 8 feet wide) is provided at back of sidewalk (public right-of-way) 5. The maximum building height in the TSR Planning Area is limited to 2 stories or 30 feet. The requirements of Section III.F.8 also apply increases in building height in this Area. 6. Landscaping of the front yard for residential projects in the TSR Planning Area is required. Limited accent landscaping should be provided whenever possible in all other circumstances. Old Town Specific Plan III - 11 TABLE III-3 DEVELOPMENT STANDARDS RESIDENTIAL & PUBLIC LAND USE DISTRICTS MDR "I HDR OTC OS Lot Area and Density Minimum Lot Area (square feet.) ' 7,000 7,000 None None Maximum Dwelling Units per Acre 12 20 N/A N/A Lot Dimensions Minimum Width at Required Front Setback Area 40 feet 30 feet 0 0 Minimum Average Lot Width 1 50 feet 50 feet 0 0 Setbacks Minimum Front Yard 20 feet 20 feet 10 feet 10 feet Minimum Comer Side Yard 15 feet 15 feet 0 0 Minimum Interior Side Yard 15 feet 2 15 feetz 0 0 Minimum Rear Yard 20 feet 20 feet 10 feet 10 feet Minimum Accessory Building to Interior Side Yard 5 feet 5 feet 5 feet 5 feet Minimum Separations Between Buildings One Story 10 feet 10 feet 20 feet 0 Two Story 15 feet 15 feet N/A N/A Three Story 20 feet 20 feet N/A N/A Other Requirements Maximum Height 35 feet 50 feet 18 feet 18 feet Maximum Lot Coverage 35% 30% 50% 5% Minimum Required Landscaped Open Space 25% 30% 10% 80% Minimum Private Open Space/Unit 200 sq.ft. 150 sq.ft. N/A N/A 1' This requirement does not apply to existing legal lots. 2 The sum of both side yard setbacks. Distance between structures not less than 10 feet. 3 Higher maximum densities may be allowed by the City Council pursuant to the Village Center provisions described in the General Plan. Old Town Specific Plan III -12 E. RELATIONSHIP TO OTHER CODES 1. Development Code Many provisions of the Development Code (Municipal Code) will continue to apply in the Old Town Specific Plan when they do not conflict, undermine, or counteract the provisions of the Specific Plan. For purposes of consistency and clarity, special regulations or standards that are not addressed in this Specific Plan will be used by the Director of Planning to guide and control development in the Old Town area. Examples of Development Code provisions that apply to development with Old Town include, but are not limited to, the following: ■ The Administration of Zoning — Chapter 17.03, as amended ■ Permits — Chapter 17.04, as amended ■ Development Plans — Chapter 17.05, as amended ■ Supplemental Development Standards - Chapter 17.10, as amended ■ Off -Street Parking and Loading — Chapter 17.24, as amended ■ Water Efficient Landscape Design - Chapter 17.32, as amended ■ Telecommunications Facility and Antennas - Chapter 17.40, as amended 2. Conflicts Between the Specific Plan and Development Code Where there is a conflict between the regulations of the Development Code and this Specific Plan, the regulations provided herein shall prevail. Where direction is not provided in this Specific Plan, the provisions of the Development Code shall prevail. The development standards contained herein are minimum requirements. This provision shall not be used to permit uses, architectural styles or procedures not specifically authorized by this Specific Plan or the Development Code. 3. Other Applicable Codes and Codes All construction and development within the Specific Plan area shall comply with applicable provisions of the California Building and Fire Codes and the various related mechanical, electrical, plumbing codes, and the subdivision ordinance, as adopted by the City Council. In cases of a conflict between the provisions of any such code and this Specific Plan, the provision which most serves to protect health, safety, and welfare of the community shall apply and the Director of Planning shall resolve the conflict utilizing the Goals and Objectives of this Specific Plan. Town Specific Plan 111-13 4. Other Special Regulations and Standards Examples of other codes and regulations that specifically apply to development within Old Town include, but are not limited to, the following: Adult Business Ordinance Mount Palomar Lighting Ordinance Subdivision Ordinance F. SUPPLEMENTAL AND SPECIAL USE STANDARDS The following supplemental development standards apply to development within the Old Town Specific Plan. The supplemental and special use standards include sidewalk cafes, vending carts, mixed use development, and bed and breakfast facilities, as well as other general supplemental requirements. 1. Sidewalk Cafes a. Intent. Sidewalk cafes on public streets can enhance the pedestrian ambiance of Old Town and are encouraged. For the purposes of this section, a sidewalk cafe is defined as any group of tables and chairs, and related decorative and accessory devices, situated in the public sidewalk or along the private porches and arcades in connection with the consumption of food and beverage sold to the public from an adjoining indoor restaurant. b. Sidewalk Cafes Permitted. A sidewalk cafe may be permitted only in land use districts which allow indoor restaurants. A sidewalk cafe may be located on public sidewalks, private porches, courtyards and arcades immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled. C. Development Plan and Encroachment Permit Required. Sidewalk cafes may be permitted with the approval of an Administrative Development Plan, in conformity with the requirements of the Specific Plan, and with approval of an Encroachment Permit for areas located with the public right-of-way. Both of these permits may be denied, approved, or approved subject to conditions of approval. Old Town Specific Plan IT -14 d; Requirements. Sidewalk cafes shall comply with the following requirements. i. An indoor restaurant may be permitted to operate only one sidewalk cafe and each sidewalk cafe shall be confined to a single location on the sidewalk. ii. A sidewalk cafe may be permitted only where the sidewalk or porch is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. There shall be a minimum 48" clear distance free of all obstructions, in order to allow adequate pedestrian movement. SIDEWALK SIDEWALK ,. CAFE iii All outdoor dining furniture in the public right-of-way, including tables, chairs, umbrellas, and planters, shall be movable. iv. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music, or speakers shall be reviewed at the time of application for a Development Plan. V. No signage shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella valance. vi. Sidewalk cafes do not require the provision of additional off-street parking. Old Town Specific Plan 111- 15 vii. If a physical barrier is required by the Department of Alcoholic Beverage Control to serve alcoholic beverages, the design and permanency of the barrier shall be approved by the Director. The physical barrier needs to conform with the design guidelines in Section IV of the Specific Plan. e. Conduct of Business and Hours of Operation. All sidewalk cafes shall comply with the following performance standards. A sidewalk cafe may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant. ii. The outdoor preparation of food and busing facilities is prohibited at sidewalk cafes. iii. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. iv. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove trash and litter as it accumulates. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. V. All furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors whenever the indoor restaurant is closed. vi. The City shall have the right to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City. f. Suspension or Revocation. The development plan and encroachment permit may be suspended or revoked, following notice to the permittee and a public hearing, upon a finding that one or more conditions of approval for the permit or the requirements of this section have been violated, or that the sidewalk cafe is being operated in a manner which Town Specific Plan 111-16 constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe. 2. Vending Carts a. Purpose. Outdoor vending carts on private property promote public interest by contributing to an active pedestrian environment. However, reasonable regulation of outdoor vending carts is necessary to protect the public health, safety, and welfare. The purpose of this section is to set forth the conditions and requirements under which outdoor vendors may be permitted to operate on private property within the Specific Plan area. b. Vendor Permit Required. It shall be unlawful to sell, or offer for sale, any food, beverage or merchandise on any property within the Specific Plan area without first obtaining a Vendors Permit. Applications for a vendors permit shall include a description of the type of merchandise or food to be sold, a detailed description and photograph of the cart, and the approval of the owner of the site where the cart will be located. Vending Permits shall be reviewed and approved by the Director of Planning. The Director may apply any conditions necessary to protect the public health, safety, and welfare. C. Vending Cart Requirements. Vending carts shall comply with the following requirements. i. All vending carts shall be located only on privately owned, developed commercial property. There should be at least 150 square feet of useable or recognizable plaza or courtyard area for each vending cart. ii. The design and appearance of the vending cart shall be consistent with the carts in use between 1890 and 1920 in a character consistent with the Design Standards in Section IV of the Specific Plan. Colors used in conjunction with any vending carts located in the Old Town Specific Plan area shall be consistent with the Sherwin-Williams Preservation Palette. iii. Any umbrellas or accessory items used with vending carts shall be made from high quality canvas, utilize a monochromatic color scheme consistent with the Preservation Palette and have no written or graphic advertising. iv. No cart shall exceed 4 feet in width, 8 feet in length, and 8 feet in height. Old Town Specific Plan 111-17 V. Vending carts should be free of all obstructions within a six-foot perimeter. vi. No advertising, except the posting of prices and product identification is permitted on any vending cart. The total allowable square footage for vendor cart signage shall not exceed four square feet on up to two opposing sides of the cart. d. Conduct of Business and Hours of Operation. All vending carts shall comply with the following performance standards. i. Operate only between 6 a.m. and 10 p.m. unless in conjunction with an approved special event. ii. All items for sale to shall be placed only in, on or under the vending cart. No additional merchandise preparation or sales table, crate, carton, rack, or any other device to increase the selling or display capacity of the cart shall be used unless it has been approved in writing by the Director of Planning. iii. Shall not solicit or conduct business with persons in motor vehicles. iv. Shall not operate any loud speaker, public address system, radio, sound amplifier, or similar device. V. All vending carts shall require an approved City of Temecula business license. vi. Vending carts selling food or beverages shall comply with the requirements of the Health Department and shall provide a trash receptacle for public use. vii. Shall clean up the area around where the vending cart had been. This includes removing and disposing of all trash or refuse. viii. The Director of Planning may require that the vending cart be removed from the location and stored out of public view when not in use. Old Town Specific Plan 111- I8 e. Denial. Suspension or Revocation of a Vending Permit. Any license may be denied, suspended, or revoked in accordance with the procedures in the Development Code for any of the following causes: i. Fraud or misrepresentation contained in the application for the license. ii. Fraud or misrepresentation made in the course of carrying on the business of vending. iii. Conduct of the licensed business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare, or morals or inconsistent with any conditions of approval. iii. Conduct of the business which is contrary to the provisions of this section or the conditions of approval. 3. Mixed Use Projects a. Purpose. The development of mixed use projects can present unique design issues not encountered in more conventional single use projects. The primary design issue relates to the need to successfully balance the requirements of commercial and residential uses. Typical examples include: a residential uses need for privacy and security, with the needs of commercial uses for access, visibility, parking and loading. For the purpose of this Specific Plan, mixed use projects are defined as developments which combine both commercial and residential uses or structures on a single lot, or as components of a single development in the Tourist Retail Core and Tourist Serving Residential Planning Districts. The uses may be combined either horizontally or vertically on the site. This means with office and residential uses on upper floors with retail on the ground floor, or with commercial uses on the primary street and residences on the rear of the property. b. Conditional Use Permit Required. A mixed use project may only be established after first obtaining a Conditional Use Permit, as described in the Development Code, and in conformance with the requirements of this section. Old Town Specific Plan III -19 C. Limitations and Requirements. i. Mixed use projects that provide commercial space on the ground floor with residential units above (vertical mix) are encouraged though residential units behind commercial space (horizontal mix) are also allowed. ii. The number of residential dwelling units shall be based on the carrying capacity and design characteristics of each project. iii. Residential units may not occupy ground floor space fronting on Old Town Front or Main Streets. iv. Structures with heights greater than two stories shall set back on the street frontage sides for the third floor portion of the structure a minimum of 10 feet. V. All roof mounted equipment shall be screened in accordance with the requirements of the Development Code. Special consideration shall be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses. vi. If onsite resident parking is provided, separate access drives and parking facilities should be provided for residential uses and commercial uses whenever possible. vii. Residential visitor parking and commercial parking may be located within the same location/facility. 4. Bed and Breakfast Establishments a. Purpose. The purpose of this Section is to provide standards for the development/operation of Bed and Breakfast establishments in Old Town. b. Requirements. All Bed and Breakfast Establishments in Old Town shall comply with the provisions contained in Chapter 17.10 of the Temecula Municipal Code, except for the minimum lot size and the requirement that the primary residence be the principle use of the site. Old Town Specific Plan 111- 20 C. Supplemental Requirements. In addition to the requirements stated above, the following shall also apply to Bed and Breakfast Establishments within the Specific Plan. i. Off-street parking shall be provided at a ratio of one space for each bedroom available for rent in addition to the parking required for the primary dwelling unit. This requirement can be satisfied through a centralized public parking lot if the owner participates in a parking assessment district and the facility is located nearby. ii. Signage shall be limited to one on -site sign not to exceed 6 square feet in area. The sign may be freestanding. iii. The exterior appearance of the structure housing the Bed and Breakfast should be either a Queen Anne (Victorian), Bungalow, or other residential style of building in existence in the early 1900's. 5. Minimum/Maximum Storefront Width For purposes of regulating the development of, and the division of existing storefronts, no storefront facing a public street shall be less than 20 feet wide or more than 100 feet wide. 6. Minimum Commercial/Office Building Subdivision Size For purposes of regulating the permanent subdivision of the interior (floor to ceiling walls) of an existing storefront on the first floor, no building in the Specific Plan area shall create interior retail space intended for business purposes less than 500 gross square feet. Exceptions to this requirement may include restrooms and storerooms. 7. Loading Facilities Loading and unloading facilities shall be visually screened from access streets and adjacent properties and constructed in a manner to reasonably contain and restrict emission of noises typically attributed to such function. When screening of loading and unloading facilities is physically not possible, the facilities shall be architecturally integrated into the overall design of the building. 8. Building Height Increases The City Council may approve increases in building height, above the number of floors and total height in Tables III-2 and III-3, for any project that complies with the architecture and design guidelines and achieves the objectives, goals, and policies of the Old Town Specific Plan. Old Town Specific Plan III - 9. Roof Mounted Equipment All roof mounted equipment shall be screened in accordance with the requirements of the Development Code. Special consideration shall be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses. 10. Parking Requirements To minimize the amount of land committed to parking lots within the Old Town area, not all uses within the Specific Plan will be required to provide onsite parking. In most cases, the determination whether or not parking will be required will be based upon the Land Use District and the type of business. When onsite parking is required, the standards contained in Chapter 17.24 of the Temecula Municipal Code will normally be used to determine the number of required parking spaces. The following is a list of Land Use District parking requirements within the Old Town Specific Plan. o Tourist Retail Core District — Onsite parking is required only for hotels, motels, and banks and financial institutions that are more than 1,250 square feet is size. (The parking requirement for bed and breakfast establishments are contained in Section III.F.4.c of this Specific Plan.) ❑ Community Commercial District — All uses shall provide onsite parking. ❑ Highway Tourist Commercial District — All uses shall provide onsite parking. ❑ Old Town Civic District — Onsite parking should be provided when practical. ❑ Tourist Serving Residential District — Onsite parking is required only for hotels and motels. (The parking requirement for bed and breakfast establishments are contained in Section III.F.4.c of this Specific Plan.) ❑ Medium Density Residential District — All uses shall provide onsite parking. o High Density Residential District — All uses shall provide onsite parking. ❑ Open Space District — Onsite parking should be provided when practical and appropriate for the use. However, the Director may require assembly uses with high parking demands to provide additional off-street parking. In making this determination the Director can consider the size and location of the proposed use, the hours of operation, the availability of nearby on- and off-street parking resources, and its proximity to other assembly and restaurant uses. Old Town Specific Plan III - 22 11. Parking Location Restricted Locating parking lots between the front property line and any building is prohibited in the Tourist Retail Core planning area. 12. Vehicle Access Restricted Direct vehicle access shall not be allowed from a private property onto Old Town Front Street and Main Street (between Old Town Front Street and Murrieta Creek). Vehicular access from a private parking lot to Old Town Front Street or Main Street shall be to a side street or public parking areas. The Director of Planning may allow exceptions only in case of landlocked properties. 13. Pujol Access Standards Due to the higher volume of anticipated traffic on Pujol Street, the following standards are provided: a. Driveways on adjacent properties shall be placed as far from one another as possible; b. Only one driveway per Pujol frontage shall be allowed, except for emergency access, on lots with under 200 feet of Pujol Street frontage; C. Additional driveways shall only be allowed on lots with over 200 feet of Pujol frontage; and d. Driveways on the same property shall be located at least 250 feet apart. 14. Exterior Lighting a. All exterior lighting fixtures shall comply with the requirements of the Mount Palomar Lighting District. b. All lighting of the building, landscaping, parking lot, or similar facilities, shall be so shielded and directed as to reflect away from adjoining properties. C. Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting loading, storage areas, and similar service locations. d. It is highly desirable and recommended for tenants and property owners to utilize low voltage "tivoli" or, "dazzler" to decorate building facades. Old Town Specific Plan III - 23 G. SIGN REGULATIONS The intent of these regulations is to establish specific standards for all exterior signage that will ensure continuity, consistency, and harmony with the architectural quality of the Old Town environment as it may have appeared in the early 1900's. 1. Applicability These regulations shall apply to all signage within the Tourist Retail Core and Tourist Serving Residential areas of the Specific Plan. Signage within the Highway Tourist Commercial District, Community Commercial, Medium Density Residential District, and High Density Residential Land Use Districts shall comply with the sign requirements contained in the Development Code and the Signage Design Guidelines contained in Section IV.J of the Specific Plan. 2. Permit Required Unless specifically stated in these regulations, a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan. 3. Prohibitions No person shall erect, re -erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or permit the same to be done contrary to, or in violation of, the provisions of these sign regulations. All signs not expressly permitted by this Section are prohibited. No application for sign permit or other application for a prohibited sign shall be accepted, acted upon, or approved. 4. Prohibited Signs in Old Town ❑ Freestanding signs on lots with less than 300' of road frontage ❑ Roof mounted signs ❑ Animated signs, including time and temperature displays ❑ Rotating, moving, emitting, or flashing signs ❑ Balloon signs ❑ Ambient air balloons ❑ Internally illuminated signs, including front and back lit awning and window locations ❑ Neon tube signs ❑ Window signs above the second story ❑ Paper, cloth, or plastic streamers or bunting - except holiday decorations ❑ Formed plastic or injection molded signs ❑ Statues used for advertising ❑ Traffic sign replicas 0 Vehicle signs Old Town Specific Plan III - ❑ Any sign prohibited by the Development Code and not expressly permitted in this Specific Plan 5. Permitted Signs ❑ Wall Mounted Signs (business identification) ❑ Supergraphics ❑ Monument Signs ❑ Window Signs ❑ Under Canopy Signs ❑ Awning Signs ❑ Projecting Signs ❑ Indirectly Illuminated Signs ❑ Temporary A -Frame or Sandwich Board Signs 6. Sign Standards a. Wall Mounted Signs. Maximum of one square foot per linear frontage foot of business establishment. To be located no higher than the lowest of the following points: • 25 feet above grade; • Bottom of the sill line of the second floor windows; or • Cornice line of the building. b. Supergraphics. The purpose of allowing wall supergraphics is to allow the advertising or depiction of products that may have been available in an 1890's marketplace. A supergraphic is a mosaic, mural, painting, graphic art, or combination thereof which is professionally applied to a building that does not contain any brand name, product name, letters of the alphabet spelling or abbreviating the name of any product, company, profession, or business, or any logo, trademark, trade name, or other commercial message. Maximum size shall not exceed 60% of wall surface. C. Monument Signs. A maximum of one double sided sign per street frontage if said street frontage is over 150 feet. Height of sign shall not exceed 6 feet above grade. Width shall not exceed 4 feet. Each tenant placard shall not exceed 12 inches" high. Sign may only be indirectly illuminated, internal illumination is prohibited. No monument signs are allowed if the street frontage is less than 150 feet. d. Permanent Window Signs. On ground level, coverage shall not exceed 20 percent of the total window and door area visible from the exterior of the building; on second level, coverage shall not exceed 30 percent per window. (No window signs are permitted above second floor). Old Town Specific Plan III - 25 e. AwningSigns. igns. On ground floor level; 20 percent maximum coverage allowed of the total exterior surface area of each awning. On the second floor level and above; 10 percent maximum coverage allowed of the total exterior surface area of each awning. Internal illumination prohibited. f. ProjectingSigns. igns. One per business allowed; maximum size may not exceed 3 square feet and shall not extend more than 3 feet from the wall surface. No illumination is allowed. Projecting signs shall only be attached to buildings, not to poles or other signs. Projecting signs may encroach into the public right-of-way a maximum of 3 feet subject to the approval of the Director of Planning. Old Town Specific Plan III - g. Under Canopy Signs. One per business allowed under a canopy, roof, covered walkway, or porch; maximum size of 3 square feet per door entrance; minimum of 7 feet of vertical clearance shall be required from walking grade to the bottom of the sign. h. Temporary Signs. Temporary grand opening and special event signs are allowed for each business establishment on the exterior wall. Signs shall not be attached to any other freestanding element (porch balustrade, garden wall, tree, monument sign, vehicle, etc.). Signs shall be constructed of cloth, canvas, or other durable material. Plastic or vinyl banner signs are not permitted. The use of neon colored/day glow banner signs is also prohibited. All temporary signs, except for A-Frame/Sandwich Boards, shall abide by the provisions of the Ordinance Regulating Temporary Signs, as amended. i. A-Frame/Sandwich Board Sign. One A -frame or sandwich board sign allowed per property on Friday, Saturday, Sunday, and nationally designated Monday holidays. The size shall not exceed 3.5 feet high and 2 feet wide. A -frame signs shall not block the sidewalk and may not be illuminated. No permit is required for A -frame and sandwich board signs which comply with these provisions. Old Town Specific Plan III - 27 Menu Boards. One menu board, up to 4 square feet in area, is allowed for each restaurant or other eating establishment. Menu Boards may contain only the name of the establishment and the food available inside. The menu board must be located on a wall adjacent to the main customer entrance. Appropriote location for menu board . sign k. Multi -Tenant Project Signs. Any project that proposes to provide space for more than one tenant shall indicate the size and approximate location of all signs to be erected on the property at the time of initial application. Signs shall be shown on elevation drawings with accurate dimensions provided. Old Town Specific Plan III - 28 H. GENERAL PROVISIONS AND REGULATIONS The following regulations apply within all land use districts in the Old Town Specific Plan area. 1. Land Use Determinations. Whenever a particular type of land use is not listed in Table 1II-1, the Director of Planning shall determine if that unspecified land use is consistent with the overall intent of the district, in which the use is proposed; and is consistent with other permitted or conditional uses in that district. The Director's determination shall be final. 2. Nonconforming Uses and Structures. Where, at the time of passage of this Specific Plan, a lawful use of land or structure exists which would not be permitted by the regulations imposed by this Specific Plan, such use or structure may be continued indefinitely unless one of the following is involved: ❑ If the nonconforming use vacates the property and the nonconforming use is not reestablished within one year, the use shall not be reestablished. ❑ If the nonconforming use voluntarily vacates the property after the year 2013 for any reason, a nonconforming use shall not be reestablished. ❑ If more than 50% of a nonconforming structure is damaged or destroyed, the nonconforming structure shall not be reestablished. ❑ If more than 25%, but less than 50%, of a nonconforming structure is damaged or destroyed, the structure may be replaced if the exterior of the repaired structure substantially conforms to the architectural standards contained in Section IV of this Specific Plan. 3. Adaptive Re -use Parking Waiver. In order to preserve historic or unique existing buildings in the Old Town Specific Plan area, additional off-street parking shall not be required for the use or intensification of use for these buildings. These designated historic buildings and structures are identified in the Old Town Historic Preservation District Ordinance (Section V.0 of the Specific Plan). 4. Public Right -of -Way Encroachments. In order to accomplish the overall design theme required by this Specific Plan, it may be appropriate to allow certain building accessories (e.g. awnings, trellises, stairs to porches, or projecting signs) to encroach into the public right-of-way. The Director may approve such encroachments under the Development Plan approval process provided in the Development Code. Old Town Specific Plan III - 29 5. Temporary Use Permits. Permits for temporary uses in the Old Town area shall conform with the provisions of Section 17.04.020 of the Temecula Municipal Code except that the outdoor display and sales of merchandise, customarily sold by the permanent Old Town business, is limited to four events per year. Each event is not to exceed four (4) consecutive days. 6. Setback Area Encroachments. Adjustments to setback requirements of up to 25% may be approved or conditionally approved by the Director of Planning if it can be demonstrated that the encroachment is otherwise compatible with the Specific Plan, and will enhance the overall appearance of the project or serve a particular useful function for the general public. Common examples of these encroachments include awnings, canopies, marquees, trellises, stairs, and other similar desirable architectural items. 7. Violations. It shall be unlawful for any person to violate any provision of this ordinance. Any person violating any provision of this ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted. Any person so convicted shall be, guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; and guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second infraction. A third and any additional violation shall constitute a misdemeanor offense and shall be punishable by a fine not to exceed $1,000.00 or 6 months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting any violation. Old Town Specific Plan 111- 30 V. OLD TOWN HISTORIC PRESERVATION DISTRICT CONTENTS A. Purpose Page V-1 B. Establishment of the District Page V-1 C. Building Permits and Prohibitions Page V-1 D. Old Town Local Review Board (OTLRB) Page V-2 E. Old Town Local Historic Register Page V-3 F. Certificate of Historic Appropriateness Page V-6 G. Care and Maintenance Page V-8 H. Additional Violation Provisions for Historic Structures Page V-9 A. PURPOSE Protecting the cultural heritage and historical architectural resources found in Old Town is part of the overall goal for the revitalization of Old Town and the protection of the community's heritage. The Old Town Specific Plan also gives owners of eligible historic properties relief from the contemporary municipal codes, ordinances, taxes, and laws levied on newer contemporary structures. B. ESTABLISHMENT OF THE DISTRICT The boundary of the Old Town Historic Preservation District shall be coterminous with the boundary of the Old Town Specific Plan. C. BUILDING PERMITS AND PROHIBITIONS 1. Within the boundaries of the Old Town Historic Preservation District no person shall demolish, remove, relocate, alter, cause to be altered, or modify any designated historic building or structure without the issuance of a Certificate of Historic Appropriateness. 2. Within the boundaries of the Old Town Historic Preservation District, no person shall alter, or cause to be altered, any designated historic building or structure, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness. 3. Within the boundaries of the Old Town Historic Preservation District, no person shall relocate, or cause to be relocated, alter, or cause to be altered, construct, or cause to be constructed, any building or structure, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness. Old Town Specific Plan V -1 4. Within the boundaries of the Old Town Historic Preservation District, no building permit shall be issued unless a Certificate of Historic Appropriateness is first issued in compliance with the provisions of this Chapter. 5. Interior building changes to non -historic building and structures that do not effect the buildings exterior are not required to obtain a Certificate of Historic Appropriateness. 6. Nothing in this section shall be construed so as to exempt any person from complying with any other provision of law. D. OLD TOWN LOCAL REVIEW BOARD (OTLRB) 1. The Old Town Historic Preservation District shall have an advisory review board known as the Old Town Local Review Board to provide input into all major projects within the Old Town Specific Plan. The Director of Planning may also provide the Board with information on major projects adjacent to Old Town that may have the potential to effect the Old Town area. 2. The Old Town Local Review Board shall be composed of five members and one alternate (who shall serve in the absence of any member). Board members shall be appointed by the City Council for terms of 3 years. The member terms shall be staggered so that all the members of the Old Town Local Review Board are not appointed at the same time. All members shall exhibit an interest in and knowledge of the history and architecture of the Old Town Historic Preservation District. At least one member shall be knowledgeable in architectural and construction techniques. Members shall serve without pay. 3. The Old Town Local Review Board shall hold regular public meetings and establish such rules as may be appropriate or necessary for the orderly conduct of its business. Three members shall constitute a quorum. At its first meeting of the year, the Board members shall elect a Chairman and Vice Chairman (who will officiate the meetings when the Chairman is absent), who shall serve for terms of one year. 4. The Old Town Local Review Board shall have the following powers and duties in addition to those otherwise provided in this ordinance: a. Provide for pre -application conferences with individuals interested in constructing or altering property within the Old Town Historic Preservation District. The purpose of these conferences shall be to familiarize the applicant with the historic significance and related architectural themes of the district. b. Utilize the adopted Old Town Specific Plan Design Guidelines in the review of applications as part of process to make determinations of consistency and appropriateness with the specific plan. Use the Design Guidelines as a basis for approving or denying applications for a Certificate of Appropriateness. Old Town Specific Plan V - 2 C. Explore means for the protection, retention, and use of any significant structures, natural features, sites, and areas in the district including but not limited to appropriate legislation and financing by independent funding organizations, or other private, local, state, or federal assistance. d. Serve as an advisory resource to all agencies of the City in matters pertaining to the Historic District, and to encourage efforts by, and cooperation with individuals, private organizations, and other governmental agencies concerned with preservation of the district's architectural, environmental, and cultural heritage. e. Render advice and guidance, upon request of the property owner or occupant regarding construction, restoration, alteration, decoration, landscaping, or maintenance of any structure, natural feature, site or area within the district. f. Encourage public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretative programs. E. OLD TOWN TEMECULA LOCAL HISTORIC REGISTER 1. The City Council has identified the following historic buildings and structures in the Old Town area. These building and structures are officially designated on the Local Historic Register for the City of Temecula. All buildings on this list are eligible to receive any and all benefits authorized by the State of California for designated historic structures. The use of the Historic Building Code is specifically authorized. 2. The list of Designated Historic Buildings and Structures is as follows. The locations of the designated historic buildings and structures are also shown on Exhibit V-1. A. Saint Catherine's Church, 1920 B. Welty Building, 1897 C. Machado Store, 1910 D. Clogstone Restaurant, 1932 E. First National Bank, 1914 F. Palomar Hotel, 1915 G. Alec Escallier House, 1927-28 H. Burnham Store, 1902 I. Friedeman Meat Market, 1901 J. Welty Hotel, 1891 K. J.D. Welty, 1936 L. Arviso House, 1920 M. Unnamed residence, 1928 N. Bill Friedeman House, 1922 28314 Mercedes Street 28659 Old Town Front Street 28656 Old Town Front Street 28676 Old Town Front Street 28645 Old Town Front Street 28522 Old Town Front Street 41852 Main Street 42051 Main Street 42050 Main Street 42100 Main Street 42081 3rd Street 41915 4th Street 422516th Street 422916th Street Old Town Specific Plan V - 3 O. Nienke House, 1936 28575 Pujol Street P. McConville House, early 1890's 28585 Pujol Street Q. Albert Nienke House, early 1920's 28649 Pujol Street R. G.A. Burnham House, early 1880's 28653 Pujol Street S. Al Otto House, 1882 28717 Pujol Street Saint Catherine's Church building (Historic Building "A") was relocated to Sam Hicks Monument Park in 1992. The Bill Freideman House (Historic Building "O") was relocated on the same site in 2003 as part of housing project sponsored by the City Redevelopment Agency. 3. Since the initial adoption of the Old Town Specific Plan, a number of previously designated historic structure were determined to be substantially dilapidated and/or unsafe and it was determined that these historic structures could not be rehabilitated. The following is a list of designated historic structures that were demolished since the Plan's initial adoption 1994. This listing has been provided for historic documentation purposes only. a. Harry Walters House, 1930's, 28535 Pujol Street Removed in 1996 b. Unnamed residence, 1920, 28735 Pujol Street Removed in 1999 C. Knott's Garage, 1910, 28545 Old Town Front Street Removed in 2000 d. Angel Ramirez House, 1926, 28731 Pujol Street Removed in 2002 e. Fred Ramirez House, 1920, 28725 Pujol Street Removed in 2002 Old Town Specific Plan V - 4 t Old Town Temecula Specific Plan Exhibit V-1 Historic Structures Map A. Seim CeBarine's Church, 1920 B. Wally Bulking, 1897 C. Medredo Store, 1910 D. Clogstcne Restaurant 1932 E. Find National Bank, 1914 F. Palamer Hole, 1915 G. Also Escalller House, 1927-28 H. Bumhern Store, 1902 I. Frledeman Meat Market 1901 J. Wetly Hotel, 1891 K J.D. Wetly, 1936 L. ArWo House, 1920 M. Unnamed residence, 1928 N. Bill Frledeman House, 1922 O. Nlenke House, 1936 P. McConville House, early 1890's O. Albert Menke House. early 1920's R. GA Burnham House, early 188D9 S. Al Oeo House, 1682 J 28314 Mercedes Street 28659 Old Town Front Street 28656 Old Twit Front Street 28676 Old Town Front Street 28645 Old Town Front Street 28522 Old Town From Street 41852 Mein Sheet 42051 Mein Street 42050 Main Street 42100 Main Street 42081 3rd Street 41915 4th Street 42251 661 Street 42291 6th Street 28575 Pulol Street 28585 Pulol Street 28649 Pu)d Street 28653 Puld Street 28717 Puld Street A400 0 400 800 Feet N r9glslkdlkerwbaPgeasbldtown_8_lesrorle amrdues.elx F. CERTIFICATE OF HISTORIC APPROPRIATENESS No existing building or structure may be altered or demolished, and no new building or structure constructed without the prior approval of a Certificate of Historic Appropriateness pursuant to the provisions of this Section. 2. Certificates of Historic Appropriateness may be issued either by the Director of Planning or the Planning Commission or City Council as part of the approval process for any development within the Old Town Specific Plan. The determination of who approves the Certificate of historical Appropriateness shall be based upon the approval authority established by the Development Code for the accompanying application. No development application for Level Two projects in Old Town, as described below, may be approved without a recommendation from the Old Town Local Review Board. 3. For the purposes of implementing the provisions of the Old Town Specific Plan there are two levels of Old Town development project. The first category is the ministerial or minor projects, referred to as Level One projects. The second category is for non - ministerial and major projects, also called Level Two projects. a. Level One Projects do not require the review and recommendation of the Old Town Local Review Board. Level One projects may be approved by administrative (staff only) review following the Director of Planning's determination to grant a Certificate of Historical Appropriateness. Typical examples include the following: • Interior changes or alterations to historic structures; • Re -landscaping around existing structure; • Re -roofing of an existing building; • Additions and remodels to non -historic single family residences; • Exterior architectural modifications to an existing commercial, office, or residential building effecting less than 25% of the front or street side exterior facade; • The demolition to non -historic buildings and structures; • New signs up to 12 square feet in size; and • Changes in the copy of previously approved signs. The Director of Planning, at their sole discretion, may forward Level One projects to the Old Town Local Review Board when unique circumstances, or the sensitivity of adjacent historic structures or land uses indicate the potential for an adverse aesthetic impact. Old Town Specific Plan V - 6 b. Level Two Projects have the potential for significant aesthetic impacts. Level Two Projects shall always require review by the Old Town Local Review Board prior to action by the approving authority. Typical examples of Level Two projects include, but are not limited to, the following: • Multi -family residential projects; • New commercial and office projects; • Exterior architectural modifications to an existing commercial, office, or residential building when 25% or more of the front or street side exterior facade is affected; • The alteration to a designated historic structure; • The demolition of, or substantial alteration to, a designated historic structure (requires Planning Commission approval); • New signs over 12 square feet; • Mini -monument signs located on architectural features that exceed the standard height requirement of four feet; and, • The removal of a specimen oak tree with a 10 inches or greater trunk diameter. 4. All applications shall be filed on the forms and in a manner determined by the Director of Planning. Applications shall not be accepted unless they are accompanied by the appropriate filing fee and such information and drawings as may be required by the Director of Planning. All applications for Certificates of Historic Appropriateness shall be signed by either the owner of the property or a person authorized by the owner. All drawings shall be signed by the architect responsible for the design and must be in sufficient detail to show the proposed design for the site. This includes the architectural design and elevations (including signs), proposed materials, textures and colors (including material samples), and the site layout (including all improvements affecting appearances, such as walls, walks, terraces, plantings, accessory buildings, signs, lights, and other similar elements). 5. Following the receipt of a complete application, the Director of Planning shall schedule a meeting of the Old Town Local Review Board within 60 days and provide the Board with a staff report, including a copy of the site plan and elevations. The Board shall review the application material and make a recommendation to approve or deny, with or without conditions, any requests for a Certificate of Historic Appropriateness to the approval authority designated by the Development Code. Old Town Specific Plan V - 7 6. In considering applications for Certificates of Historic Appropriateness, the Old Town Local Review Board shall make the following findings: a. That the proposed structure is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city and is designed for the protection of the public health, safety, and general welfare. b. That the proposed structure is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. C. In the event of the proposed demolition of a designated historic building or structure, the Board shall also be required to find that applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure can not be effectively repaired or retrofitted. The expiration date for a Certificate of Historic Appropriateness shall be the same as expiration date for the accompanying planning application, as may be extended pursuant to the provisions of the Development Code. If the Development Code does not specify an expiration date, the project which the Certificates of Historic Appropriateness was approved shall commence construction within three years of the date of approval or the Certificate of Historic Appropriateness shall become null and void. No extensions of time will be allowed for these projects. G. MAINTENANCE AND CARE 1. The owner, occupant, or other person in actual charge of an building or structure on Old Town Temecula Local Historic Register shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designation statement, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. 2. Nothing in the requirements of section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated Old Town Temecula Local Historic Register building of structure that does not involve a change in design, material, or external appearance thereof. Old Town Specific Plan V - 8 H. ADDITIONAL VIOLATION PROVISIONS FOR HISTORIC STRUCTURES 1. In addition to the general violation provisions in Section IH.H.7 of the Specific Plan, any person who demolishes, alters or removes a building or structure on the Old Town Temecula Local Historic Register, that person and the owner shall be required to restore the building, site, or structure to its original condition and setting prior to the violation within ninety days. Any action to enforce this provision may be brought by the city or any other interested party. This civil remedy shall be in addition to, any criminal prosecution and penalty and any other remedy provided by law 2. If any person demolishes or removes an building or structure on the Old Town Local Historic Register in violation of this section, no building or construction related (including grading) permits or permits to use the property as a parking area or other commercial venture shall be issued for a period of up to seven years, at the City Council's discretion, based on the significance of the resource from the date of demolition, except to replicate the lost resource. The failure to adequately maintain a designated historic building or structure can also be considered to constitute the unauthorized demolition of a building or structure on the Old Town Temecula Local Historic Register. For the purpose of this section, the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition. The owner shall have the burden of providing an earlier date, if entitlement to an earlier date is claimed. The owner shall have the affirmative obligations to plant grass, to provide a temporary irrigation system to maintain such landscaping and to prevent the accumulation of debris and waste on the property during the interim period. Old Town Specific Plan V - 9 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 10, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:33 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington ABSENT: 0 DIRECTORS: None Also present were Assistant General Manager Jim O'Grady, Assistant City Attorney Curley, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of July 13, 2004 — continued from the July 27, 2004 meeting; 1.2 Approve the minutes of July 27, 2004. 2 Arts Council Community Grant Agreement IcixKePlIT, t�9T.1091Nk 2.1 Approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Director Roberts and electronic vote reflected approval with the exception of Director Nagger who abstained with respect to 1.1 and Director Stone and President Washington who abstained with respect to 1.2. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. RAMinutes. csd\081004 GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:34 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 24, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] R: Vrt in utes. csd\0 S 1004 ITEM 2 CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: August 24, 2004 SUBJECT: Award the Construction Contract for Project No. PW04-10CSD Veteran's Memorial Project PREPARED BY: William G. Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer Jon Salazar, Assistant Engineer RECOMMENDATION: That the Board of Directors 1. Award a construction contract for Project No. PW04-10CSD Veteran's Memorial Project, to SFM Constructors, Inc. in the amount of $160,000.00 and authorize the President to execute the contract. 2. Authorize the City Manager to approve change orders notto exceed the contingency amount of $16,000.00, which is equal to 10% of the contract amount. 3. Approve an appropriation in the amount of $40,000.00 from General Fund Capital Reserves to the Veteran's Memorial Project, Project No. PW04-10CSD. BACKGROUND: On July 27, 2004 the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The "Veteran's Memorial Project" or `Walk of Remembrance" will be located at the Temecula Duck Pond. This memorial is to recognize and honor those who served our nation in the armed forces. The memorial design is titled "Letters Home" and the steps and wheelchair ramp leading to the memorial will be dedicated as the "Paths of Honor". The design conceptwas completed bythe artist, Chris Pardell, and the Board of Directors has previously approved a contract for that portion of the work with Mr. Pardell. The work includes grading the site, constructing the wall and the steps, installing the landscaping, irrigation, the necessary utilities, and light fixtures. The artist's work, including the art piece, the letters, and the engraved pavers, will be coordinated with this construction. An appropriation in the amount of $40,000.00 from General Fund Capital Reserves to the Veteran's Memorial Project is necessary to cover the construction costs for this project. R:\AGENDA REPORTS\2004\082404\PW04-10CSD AWARD.DOC One (1) bid was received and publicly opened on Thursday, August 19, 2004. The results were as follows: SFM Constructors, Inc. $160,000.00 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found SFM Constructors, Inc. of Temecula, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that SFM Constructors, Inc. has satisfactorily performed similar type of work in other cities. The Engineer's estimate for this project was $146,000.00. The specifications allow forty-five (45) working days, but no later than November 4, 2004, for the completion of this project. FISCAL IMPACT: The Veteran's Memorial Project is a Capital Improvement Program Project funded through Capital Reserves and Development Impact Fees — Open Space & Art for Fiscal Year 2004-2005. An appropriation of $40,000.00 from General Fund Capital Reserves is necessary to cover the construction costs for the Veteran's Memorial Project. The base amount of the contract is $160,000.00; adding a 10% contingency of $16,000.00 for a total construction cost of $176,000.00. ATTACHMENT: 1. Project Location 2. Project Description 3. Contract RAAGENDA REPORTS\2004\082404\PW04-10CSD AWARD.DOC T it Iff cn U 0 0 a y O 00 0�6 8 N O O N O O O N 0 0 N 0 o So y^ ° o U a+ O Fn F � O O 619 E09l b911 N TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-10CSD VETERAN'S MEMORIAL PROJECT THIS CONTRACT, made and entered into the 241h day of August, 2004, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and SFM Constructors, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04- 10CSD, VETERAN'S MEMORIAL PROJECT, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW04-10CSD, VETERAN'S MEMORIAL PROJECT. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW04- 10CSD, VETERAN'S MEMORIAL PROJECT. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT CA-1 RACIPIPROJECTSNW041PW04-10CM Veterans MemodaMesign%ontract.dot and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW04-10CSD, VETERAN'S MEMORIAL PROJECT All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED SIXTY THOUSAND DOLLARS and NO CENTS ($160,000.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty five (45) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shal the City Manager is hereby authorized by changes or additions to the work in an established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: I be approved by the City Council, except that the City Council to make, by written order, amount not to exceed the contingency as A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall CONTRACT CA-2 RACIPTROJECTS1PW041PW04-10CSDVeterans MemodaMesgn\Contractdot be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The District hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond November 4, 2004 which is the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. An incentive of one thousand dollars ($1000.00) per day for each calendar day, up to ten thousand dollars ($10,000.00), will be given for project completion prior to November 4, 2004. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per CONTRACT CA-3 RACIPIPROJECTS1PW041PW04-10CSD Veterans MemodaMesign\Gontraddot diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. The project will be finished no later than November 4, 2004. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 RACIMPROJECTS1PWMM04-10CSD Veterans MennodaMesignlContrad.dot 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT CA-5 RACIPIPROJECTSTW047W04-10CM Veterans MemodallDesigMrontrad.dot 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590 CONTRACT CA-6 RACIPIPROJECTS1PW CM04-10CSD Veterans MemodaWesgnlContract.dot IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR SFM Constructors, Inc. P.O. Box 890485 Temecula, CA 92589 (951) 693-0265 L. Patrick Burtt, President :0 Print or type NAME Print or type Title (Signatures of two corporate officers required for Corporations) DATED: APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA COMMUNITY SERVICES DISTRICT IN Chuck Washington, President CONTRACT CA-7 RACIPIPROJECTSIPW041PW04-10CSD Veterans MemodarOesigMContracldot ITEM 3 APPRO CITY ATTORNEY DIRECTOR OFFIN CITY MANAGER R CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: August 24, 2004 SUBJECT: Acceptance of Landscape Easement Deeds from Property Owners within Tract 19872 Adjacent to Pechanga Parkway PREPARED BY: Barbara Smith, Management Analyst Un— DATION: That the City Council: 1. Accept 24 Landscape Easement Deeds from property owners within Tract 19872 adjacent to Pechanga Parkway. 2. Authorize the City Clerk to record the Landscape Easement Deeds. BACKGROUND: On June 24, 2003 the City Council approved a resolution that ratified a property owner election to bring Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final into a Temecula Community Services District (TCSD) landscape maintenance district. The new landscape maintenance area will include an expanded parkway along Pechanga Parkway and within the westerly right -of way of Via Gilberto. Subsequently, landscape plans have been designed and approved and on August 10, 2004 City Council accepted and approved a contract for America West Landscape, Inc. to install the landscaping. The area between the sound wall and Pechanga Parkway's right-of-way from Loma Linda to Via Gilberto requires a landscape easement from each property owner in order for TCSD to install and maintain the landscaping. Attached are 24 of the required 28 landscape easements needed for this project. It is our intention to continue trying to obtain the remaining four (4) easements from the property owners that have been either unwilling or unable to provide TCSD with a notarized landscape easement. Should TCSD be unable to obtain the rest of the easements the landscape plans will be altered to exclude areas outside of Pechanga Parkway's right-of-way and the property owners will continue to have maintenance responsibilities. R:\smithb\Pechanga Parkway Easements\Swff Report -Acceptance Easement 1.doc 08/17/2004 The annual assessment to fund the maintenance of this new landscape district (Service Level C) is twenty dollars ($20.00). However, for Fiscal Year 2004-2005 we anticipate that the improvements will be completed by January 2005 and for this initial year in the district, the property owners will only be assessed at a rate of $10.00. FISCAL IMPACT: The installation of the landscaping at a cost of $219,554.50 will be funded from AD 159 and CFD 03-3 Wolf Creek. The on -going maintenance of the landscaping will be funded from Service Level C assessment revenue collected from the property owners of Tract Map Nos. 19872-1, -2, -3, -4, -5 and Final on their property taxes. ATTACHMENTS: 1. Vicinity Map 2. Copy of Easement Deeds RAsrttithb\Pechanga Parkway Easements\Staff Report -Acceptance Easement Ldoc 08/17/2004 Loma Linda Tract 11 200 0 200 F" Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gary Michael Houser and Dena Christensen Houser, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this t )- day of t1'uL X , 2004. Houser r Dena Christe en Houser EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 3.00 FEET OF LOT 5, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 3.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 5, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ooc PLS 7731, EXPIRES ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 sly EXPIRES:12-31-2005 l`oF AOVO C:\0201900.01\legal descriptions\TR 19872-1 LOT 5.doc LOT 1 12> I O T 4 I DUL CE CT. NORTHEASTERLY 3.00' OF LOT 5, TR. 19872-1 LOT 5 h5 CUPENO LN-1 `-4 RAINBOW CYN. RD. CLUBHOUSE DR.� MASTERS DR. l MURFlELD DR. LOAM LINDA ROAD Wi CONSUELO MASKUAZ IT. \ COMDmO c ®W1 GILBI � 19C/N/TY A4W NOT TO SCALE \�O SCALE 1=40' /Fr>FNQ PREPARED UNDER 7HEQSUPE�R 510N OF ® LANDSCAPE EASEMENT 5� G •2i�. S- is - 04 ROBERT C. OLLERTON P.L.S. NO.. 7731 DALE EXPIRES 3-31-05 RECORD OWNER.• GARY MICHAEL HOUSER & DENA CHRISTENSEN HOUSER PREPARED BY COZ40 & FOX, INC. 151 S. 01MAR9 ST. HEMET, CA 92544 (909) 652-4454 mo CITY OF TEMMA Cal WAVY S1J�'lY MOW EXAM "B" SHEET 1 OF 1 107'.61W .i,v mmomm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of II l Ync � } ss. JJJ On ;i4a q —before me, i505,111, h w• `` ht2eSf Aj,3 ttry EdbI JG Date Name and Title of CRcer (e.g., "Jane Doe, Notaily Public') personally appeared SUSAN w. JONES Commission # 1383549 Notary Public - California Riverside County 6MyCommE)0esNovl8.20176 Place Notary Seal Above r ❑ personally known to me Kproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within Instr ent an acknowledged to me that they xecuted the same in their authori capacity(ies), and that by histlhe their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to perso�Is78lying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documf nt Title or Type of Document:: Lek inLi5lapN rliW n+erwnCe. &se YY Document Date: -71146 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 3 ed 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-5827 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Abed Bader, a Married man as his sole and separate property ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this Ll J� day of / < 2004. Signature: Abed Bader Bader EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 5.00 FEET OF LOT 6, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 5.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 6, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: f v. V`XXjjt-g'\ 5 - /S -O¢ Nil LAIy-�, ROBERT C. OLLERTON DATE yy`�t c. 01 PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 PLS 7731 L % -�3%-O C:\0201900.01\legal descriptions\TR 19872-1 LOT 6.doc 0 SCALE- 1 "=40' L D—r Ae -� g l DUL i CT. corn & FOX, /NC. 151 S GIR 59 ST. 11EMET, CA 91544 (909) 651-4454 NORTHEASTERLY 5.00' OF LOT 6, TR. 19872-1 LOT 6 CUPENO LN.p RAINBOW CYN. RCLUBH�c . DR. LOMA LINN ROAD VIA CONSUELO MASKIMZ CT.2rN COMOTILO L VIA GILBi N VIC/N/IY Af4P NOT TO SCALE PREPARED UNDER IHE SUPERI7SION OF ® LANDSCAPE EASEMENT OBERT C. OLLERTON P..L.S NO.. 77J1 DAIS EXPIRES- J JI-05 ]zalos ORIWN BY s A- _ . P R.0. SHEET 1 OF 1 ./IV romonn171 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of } ss. On )5 200 , before me, Dae g� meai cer(egblic')^ personally appeared &a ohm Names) of Signer(s) SHELLEY A. MUELLE11 _61MVC0rnM.ExPkw0Nun13,2007[ Commlaslon N 1405218 Notary PubAcC01lfomla fterakle Cty ❑ personally known to me C4_pn5ved to me on the basis of satisfactory evidence to be the personp%� whose nameA 6,1ma subscribed to the within instrument and acknowledged to me that(Wisha they executed the same in Qhis�herlttreir authorized capacity(, and that by &hefltMr signature(*n the instrument the personK, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �Sign�of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document:1 Document Date: / — % ,5 - 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: M RIGHT THUMBPRINT OF SIGNER 01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chat avorth. CA 91313-2402 Pmd. No. 5907 Reader: Call Toll -Free 1-800-876�827 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula this line DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Antonio A. Ocampo and Ruth B. Ocampo, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed thi If-� day of .�u r1L 2004. Signature: OJ6 Ahtortio A. OeWnpo Signature: o "2,, Ruth B. Ocampo State of California ) ss. County of Riverside On i V 6 before me, aryl Notary Public, personally appeared Anfifio kjAth campy , proved to me on the basis of satisfactory TONI OCAMPO N Comm. 81421551 rn NOTARY PRBLIC•CAlMM N Orange County My Comm. txpeeY hmel,2n7 (SEAL) 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, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE9iP my hand and official seal. OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on 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: Signers Other Than Named Above: Capacity(ies) Claimed by Signers(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner- ❑ Limited ❑ ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conserval ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT BEING A PORTION OF LOT 7, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154 PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP; THENCE SOUTH 45°38'08" WEST, A DISTANCE OF 17.12 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 27°55'29" WEST, A DISTANCE OF 35.65 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT; THENCE SOUTH 82°04'35" EAST, A DISTANCE OF 6.51 FEET ALONG SAID NORTHERLY LINE TO THE NORTHEASTERY CORNER OF SAID LOT; THENCE SOUTH 47'44'36" EAST, A DISTANCE OF 30.38 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO THE POINT OF BEGINNING. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 1W PL5.7731 j G • ou- 5 - 6 - 04 %P'fsos ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 FAAL%t P EXPIRES: 12-31-2005 C:\0201900.01\legal descriptions\TR 19872-1 LOT 7.doc 1 0T5 _ OULCE CT LOT 7 L J. O SCALE > "=40' CUPENO LNG �9 RAINBOW CYN. RD. CLUBHOUSE DR. 4r .0 MASTERS DR. MUREIELD DR. LGMA UNDA ROAD V14 CONSUELO MASKUAZ CT. COMOTILO CT. WI GILBS N VIC/N/IY AlgP NOT TO SCALE rJ r 28 P.O.B. UNE DATA (i S4538'080W 17.12'r? 2Q N27-55129"W 35.65' PREPARED UNDER THEt �SnU•P�ER14S/ON OF ® LANDSCAPE EASEMENT 30 S82'04'35"E 6.51' V • & - 04 POR POINT OF BEGYNN/NC Q S47'44'36"E 30.38' ROBERT C. OLLERTM P.L.S. NO.. 77J1 DATE EXPIRES- J—J1-05 PREPARED BY COZ40 & FOX, INC. 151 S. MUD ST. HEMU C4 92544 (909) 652-4454 IA •r v AA i. 12-91-05 / ORIWN BY stir R.0. S)V&7 1 OF I FILE 19872-1 LOT 7.DNC Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Daniel Michael Martin III, a Single man ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and m rked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this/_Z--/!ay of 2004. Signature: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 17.00 FEET OF LOT 28, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 17.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 28, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: L LA ROBERT C. OLLERTON DATE 'k- PLS 7731 PROFESSIONAL LAND SURVEYOR NO. 7731 EPIRES EXPIRES: 12-31-2005 7�-�-12 C:\0201900.01\legal descriptions\TR 19872-1 LOT 28.doc 15 �C� sTg7c pf 79(S) CUPENO LN. RAINBOW CYN. RD. CLUBHOUSE DR.Q c cl MASTERS DR. r A MURFlELD DR. LOMA UNDA ROAD A q<1 VIA CONSUELO �? MASKUAZ CT. N, COM011LO CT. A G VIA GILBERTO 1 �CiNnr ,� NOT TO X&F LOT 7 ,� hh LOT 28 LOT 29 \ LOT 30 LOT 31 SCALE.• 1=50' �yoo �fD.t �Q PREPARED UNDER THE SUPPERWYON OF ® LANDSCAPE EASEMENT gtj-�G . akk� 0-- /8 - df ROBERT C. OLLERTON P.LS NO. 7731 DAZE EXPIRES- 3--31-05 /1)7)I� �7 //I�7)/�7/r��/ RECORD OWNER ,ypL LMp QT O /C/�LIiUM DAMEL MICHAEL MARAN l// sip sp ys q c o .per � GZ:IYwA//Y SOPNGiS G67ACl RBGMMnON EXMM CozAD &FOX, /NC. 12-31-05 oeawR er.• EXAMBIr To 151 S. MVP ST. s� VO 3� R.O. HEWT, CA 92544 9r8 i t p (909) 652-4454 op caq,T. 04-2W4 SHEET 1 OF I RILE 19672-1 LOT 2B,9W dN. 0201.90 OI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo ss. County of On On per: ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person,(Wwhose name(pY�i are subscribed to the within instrumen and acknowledged to me thae she/they executed the same in 4Di her/their authorized capacity, and that by 'her/their signature,Won the instrument the persoq*1 or the entity upon behalf of which the person.�y acted, executed the instrument. WITNES y hand and official seal. ZZLOAP sign � m uElk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on 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(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary A iaWn • 9350 De Soto Ave., P.O. Boy 2402 • ChapmM, CA 91313-2i • x natty not ,.ory Pei. W. 507 Reonler. Cell TW Free iE 876-6027 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hugo Lozano and Melinda Lozano, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this 2— day of 2004. Signature: 7 2 O y Hugo LqVno 1� Signature: It U alinda Lozano EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 14.00 FEET OF LOT 30, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 14.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 30, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ICf 11/J� G•�X 5-i8-o4 ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 PLS 7731 EXPIRES 12.3/. ps C:\0201900.01\legal descriptions\TR 19872-1 LOT 30.doc �t �J01 7 RECORD OWNER- H000 LOZANO & MALINDA LOZANO PREPARED BY COZAD & FOX, INC. 151 S. 01W,0 ST. 11EMET, C4 925M (309) 052-4454 '00 \4 CUPENO LN.J IDR RAINBOW CYN. RD.CLUBHOUSE . ��c MASTERS DR. r MURFIELD DR. LOMA LINDA ROAD WI CONSUELO MASKL4IZ CT. COMOTILO C Q WI GILBI PR PARED UNDE//R��THE S PERNS/ON OF G, RZ S-19-04 ROBERT C. OLLERTON P.L.S. NO. 77JI DATE EXPIRES.• ,- 31-05 i SCALE 1 =50' ® LANDSCAPE EASEMENT REG 11 * EXH/B/T "B'° 12-31-05 DRAWN BY \sT,- hU i13�P R.O. 04-2004 ' SNEET 1 OF 1 FILE 19872-1 LOT JODW .LN O7O1900,91 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ p ; ss. County of tiP�/1��-"`� On /������f2 i� before me, Dv� i9t, e N wTale personally appeared iu4o //1 Gd10 ,i "M0..Q N..(Q of Signetls) SHELLEY A. MUELLER Commlulon # 1405218 VMNofary Pudtc - Caltlomla _ Riverside County yComm.ExpkeSMor13,20071i1 ❑ personally known to me oved to me on the basis of satisfactory evidence to be the perso (s whose narri is/E(o subscribed to the within instrument and acknowledged to me that executed the sam n hisfher r authorized capacit ies , and that by hisfhe� signature on the instrument the person cs), r the entity upon behalf of which the personWe acted, executed the instrument. WITNESS my hand and official seal. J �.� Signature of Notary Pub. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: a !��� Q � 2 Q n it • [ 0-a� Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Aaeodatbn • 9350 De Soto Ave., P.O. S. 2402 • ChaswaM, CA 91313-2402 • w ratlana9mtery.ag Prod. No. 5907 Reorder. Cell Ta rm 14I00-9186e27 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mary Louise Perez, a Widow ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this =- day of Qf Q, _ , 2004. Mary • f Perez 4 EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 14.00 FEET OF LOT 31, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 14.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 31, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ROBERT C. OLLERTON DATE \ONAL LAND PROFESSIONAL LAND SURVEYOR NO. 7731 ��h���t G. EXPIRES: 12-31-2005 O O � a PLS 7731 j + EX�o5 C:\0201900.01\legal descriptions\TR 19872-1 LOT 31.doc PAL _� ROAD SCALE 1 "=50" i(�/1/i urh COZ40 & FOX, INC. 151 S. GIRARO ST. HEMET, CA 92544 (909) 852-4454 `_flVl CUPENO LN.J %�G4 RAINBOW CYN. RD. CLUBHOUSE DR.�cf, MASTERS DR. MURRELD DR. LOMA LINDA ROAD VIA CONSUELO MASKUAZ CT. COM017LO CT VIA GILBEF WaNIY AG4P NOT TO SCALE PR,EP'AREq UNDER ME SUPEROSION OF LANDSCAPE EASEMENT G.cul5-118-101' ROBERT C. OLLERTON P.L.S. NO.. 77JI DA7E EXPIRES- 3-JI-05 , 12-31-05 OR9WN Br- 04-2004 1 SHEFT J OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On DOy before me, De pQ� personally appeared :Paiu SHEUMA. MUELLER Commisslon # 140.521 B WNotary Publk - Calffomla Rwrade County MyComm. Exptes Mar 13, 211U7 ❑ personally known to me moved to me on the basis of satisfactory evidence to be the person whose name G4ar� subscribed to the within instru ant and acknowledged to me that heA&they-executed the same in NisAhj rhhair authorized capacity(ies ; and that by hisft:(9)/vfeTr signature(s),gKthe instrument the personfsf or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �igneture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Oom OQ !Aa-'n� 4-K ` t� + D-t � Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner —❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 19W NaWr el Notary Aswclation • 9M De Soto Ave., P.O. Box 2402 • Chatswo0h, CA 91313-21 • vrcrx.natonalnotary.ory Prof. No. 507 ReoNer. Call Toll -Free 1 600A]fiti02] Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mary Louise Perez, a Widow ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this J/— day of , 2004. Signature: 4n��u,/ Mary Lou46 Perez �— EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 12.00 FEET OF LOT 32, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 12.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 32, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: wc-cu-,"' 5-/8-0¢ ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 C:\0201900.01\legal descriptions\TR 19872-1 LOT 32.doc C19L40 & fVV /K. 151 S. OIW49 ST. //EMET, C4 925" (909) 652-4454 SCALE- / =50' CUPENO LN.J '%t�q RAINBOW CYN. RD. CLUBHOUSE DR.Q A(WERS DR. MURRELD DR. LOAM UNDA ROAD NA CONSUELO "- 94SKW2 CT5 COMOIILO m cu PREPARED UNDER INE SUPERWYON OF ® LANDSCAPE EASEMENT " G.Ou - 6-29-04 Amur a OLLER76N P.L.S. NO. 77.Y'1 DA7E COWS- 3--JI-05 * RIMS "LION ,k EXMES 1 iL31-05 W7 OF Twc&A awn sus AMM EXIAB/T T JF SHEET 1 OT 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 010'3V before me, U Bid. personally appeared rZo SHELLEY - MUELit < CQMnMWlon9p14052Ia Notary public - California Riverside County My Comm, FxpBes Mar 13. 2007 and Tile of Of imr of.D.'Jade Doe. Notary ❑ personally known to me NI'poved to me on the basis of satisfactory evidence to be the person(s) hose name (ell %are - subscribed to the within instru ent and acknowledged to me thatthey-executed .his/ their the same in - authorized capacity(i9of,and that by NsAiDehheir signature( on the instrument the person(§ror the entity upon behalf of which the persol�w acted, executed the instrument. WITNESS my hand and official seal. greNre of Notary Pull c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y� Title or Type of Document:f�CDyg C /r (Q-c/`./� 3 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 01999 National Notary Manoiat'on- 9350 De Soto Aei., P.O. Box 2W , ChatswoM, CA 91313-21 -w ntliorelnoteryory Prod. No. 5907 Reader Call Toll -Free 1-900-e7S 7 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard A. Meech, A Single man ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attachedAereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this 7 day of J—UVG , 2004. Signature: l� Richard A. Meech State of California ) ss. County of Riverside On o0 before me,y, d Mw1kNotary Public, personally appeared /uck� 0. -h J ANotto AMUELLEn #1406218llc - CalllomloideCuntyplies Mai 13, 20071 SHEUEY A MVELLER CommLmlon M 1405218 z 3 V Notary Publk - commia 5_ Y Riverside County M1' Comm. Expires Mar 13, 2007 (SEAL) proved to me on the basis of satisfactory evidence to be the person( whose name 60/are subscribed to the within instrument and acknowledged to me that /shemey- executed the same in hl /heNtlieirauthorized capacity, and that by hl /herftheir signature on the instrument the person, or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. ,lL ","uA 9 Q� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f.?M. Document Date: 6 • i, o V Number of Pages: Signers Other Than Named Above: Capacity(ies) Claimed by Signers(s) Signer's Name: i! Individual ❑ Corporate Officer Title (s): Achtuvd Me-Lc-4 ❑ Partner - ❑ Limited ❑ ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservat ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 33, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 33, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ROBERT C. OLLERTON DATE SOON c "4 s PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 r�s 7731 0 2up-ps C:\0201900.01\legal descriptions\TR 19872-1 LOT 33.doc 0 SCALE 1'=50' \ �O I DT -9 29 � r CIA PREPARED BY COZ40 & FOX, INC. 151 S 01RARD ST. HEM T, C4 92544 (909) 552-4454 L JT 32 LOT 33 LOT 34 CUPENO LN.-_) RAWB0W CYN. RD. CLUBHOUSE DR.Q^Cf MASTERS DR. MURFlELD DR. LOAM LINDA ROAD WI CONSUELO A. MASKUAZ CT. COMORLO C VLI CILBI N 14C/N/IY ,IG4P NOT 10 SCALE I 1f.�ENQ WPARLONDER THE SUPER�N OF ® LANDSCAPE EASEMENT OBERT C. OLLERTON P.L.S NO.. 7731 DATE EXPIRES- 3--31-05 eQ,Ds`eg� c REGIS7RATi0N EXPMES 12-31-05 ORW `.r Ay _,.. .a R.O. EXIMB/T To FIRRA KM Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Leopoldo Hernandez and Brenda Hernandez, Husband and Wife and Elizabeth Totman, a Married woman as her sole and separate property, all as joint tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and mqrked Exhibit "B" instrument has been executed this 4e— day of 664 v U Signature: GG — Leopoldo Hernandez Signature:� l,_� „��._r . _- _ETFen, Signature: 2jZZJ Eliz bet otman IN WITNESS WHERE OF; this , 2004. EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 10.00 FEET OF LOT 34, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 34, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ��V1� G • �1� 5-/8 -oq• ROBERT C. OLLERTON DATE LA 0\ PROFESSIONAL LAND SURVEYOR NO. 7731 �yy��� p p<<Fs� EXPIRES: 12-31-2005 0 0° P7731 2 off. pt LS EXPIRES � Z-1�• f C:\0201900.01\legal descriptions\TR 19872-1 LOT 34.doc © 15 9r,47F �, 79 S) SCALE- 1"=50' PEED _PALA ROAD CUPENO LN. RAINBOW CYN. RD. �y CLUBHOUSE DR. MASTERS DR. Cl . in MURTIELD DR. LOW LINN ROAD W1 CONSUELO MASKUAZ CT. COM0DLO CT.. W1 CILBERR7 N HuNIY MP N� r)�� NOT TO SCALE Ag 33 o �f„ Zo LOT 36 LOT LOT L 3-5 34 LOT 36 l��J 1� 7 ESPLEmooRLOT A'3 37 P&PAR&D MADE? I7Yf - SUUPERNSION OF ® LANDSCAPE EASEMENT f44 ROBERT C. OLZERTON P.L.S NO. 7731 DA7F EXPIRES- 3-31-05 RECORD OWNER' NAL LAryD CITY OF TE"CM LEOPOLDO HERNANDEZ & S�° s� BRENDA HERNANDEZ e4�y o�4g� °' °t,°� [7F- m cAlPAiM erREGLSTRAIT°' EXH/B/T "B" t 19IA0 ct FOX, /NC. t2-3� os R4WN BY.IS/ S 01WO STs.D.T At1 PA ML7, CA 92544OP CALIQ(909) 652-4454 D4-2004 SHEET 1 OF 1 RLE.• 19872-1 LOT NOW JAI 02019D0.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On V taro, before me, A� a . � V, g 'Jane TP bW4 7�Ue halo and ➢tle of OXicer (a.9 Jane Notary Publi' personally appeared d: ' a >t d �-,L" 'no4cw y SNELLEYA MUELLER _ CommWbn M 1405218 -i Notary Public - Catllom10 Rlveiside County MYComm. Expires Mar 13, 2007 ❑ pars nally known to me 114,froved to me on the basis of satisfactory evidence to be the person s) whose name(0+9/40 subscribed to the within instrument and acknowledged to me that he/she/executed the same in hl~tfiiauthorized capacity, and that by h�aft signature(sybn the instrument the persoH(s), cr the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Jh a:%.mod . �'M I,� 61 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedDocument Ac10ca'a Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1099 Naacnal Notary Association • MO De Solo Ave., P.O. Box 2402 • ChatueoM, CA B131i2402 • wnw.natbnalruteryory Prod. No. 5907 Recaner: Call Toll F ae 1-B00-aTB862T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i6 � ss. On '3 2-0 1I Date personally appeared before me, .�-}u.d n11n9� 1 Sato WC. , . Name aM Title of OR�cer (e.g.,'Jane Doe, ry Public ) All SHE 6AMUELLER Commission M 1405218 Plofary Public - Califomla RNenldiiCounty MyComm. EzpYes Mar 13.2007 Place Notary Seal Above ❑ personally known to me GLpnoVed to me on the basis of satisfactory evidence to be the person( whose name) C%/are subscribed to the wit" instrument and acknowledged to me ath 1/shelthey executed the same in /her/their authorized capacity(imf, and that by (9/her/their signatureon the instrument the personw, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL (/ Signahre of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 3 RIGHT THUMBPRINT OF SIGNER 01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chateeorth, CA 9131 &2402 Prod. No. 5907 Reorder.. Call Toll -Free 1-800E76-6827 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Albert H. Abbott and Sandra M. Abbott, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this day of 14 1— >---� , 2004. Signature: 4w4 /-z� Albert H. Abbott EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 8.00 FEET OF LOT 35, OF TRACT 19872-1, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 7 THROUGH 12, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 8.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 35, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 C:\0201900.01Uegal descriptions\TR 19872-1 LOT 35.doc A�i / R SAW /Xi/� ,gay er COZAO & FOX, INC. 151 S. OIRARD ST. HEMET, CA 92544 (909) 852-4454 Sf 0 SCALE.• 1 "=50' CUPENO LN-i '°may RAINBOW CYN. RD. CLUBHOUSE I �MASTERMURFlR.LOMA LINDD WI CONSUELO MASKUAZ CT. COMOTILO T WI CII 19872-2 154/7- 12 P��R;;E'�PA/RO UNDER THE SUPERNSION OF ROSSRT C. OLLERTON P.L.S NO.. 77JI DATE EXPIRES.• 3-JI-05 AiLB, 154/-13-18 lE� ® LANDSCAPE EASEMENT RFGEXPIM 5nAlI°N EXH/B/T "B" 12-31-05 DM#N BY SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Q v-%-D- i50 ? before me, a -M�A9� Date /I� Winne and Title of ^icer_fe g'.,'�Ja_n Doe, Notary personally appeared ah4c-t( -4 Name(a) of Signer(s) SHELLEYA MUELLER _ CommMslon # 140521 S . -i Notary Public - CoUfomla Rlvealcle County QMy Comm. Expires Mar 13.2007 ❑ personally known to me [L.proved to me on the basis of satisfactory evidence to be the perso (s) whose nam s) is/6@ subscribed to the within instrument and acknowledged to me that heMhe(&i I xecuted the same in eu authorized capacit fe and that by hs{her/ fr signature n the instrument the perso, or the entity upon behalf of which the persoKDS acted, executed the instrument. WITNESS my hand and official seal. 9natura of hoary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: tt C J� Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary AnoGaWn • 93N De Sob Ave., P.O. Box 2402 • Chaua fth, CA 913132a • www.netionelnobry.wg Pied. No. 5937 eeerder. Call Tall -Free 1-80P876o 7 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space Recorder's DOCUMENTARY TRANSFER TAX IS NONE, Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jose Luis Beltran and Raulene Marie Beltran, Husband and Wife, as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hQreto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this —day of Jvh,o , 2004. State of California ) ss. County of Riverside On 1 ?M 'lf before me, � I101e' f" ffQMtiNotary Public, personally appeared proved to me on the basis of satisfactory evidence to be the persons whose (SEAL) named is/are subscribed to the within instrument and acknowledged to me that 4%kyhe/they executed the same in --His/her/their authorized capacity, and that by -bis/Her/their signature on the instrument the person(( r the entity upon behalf of which the person(s) acted, executed the instrument. WITITNNE.SS- my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on 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: Signers Other Than Named Above: Capacity(ies) Claimed by Signers(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - 0 Limited ❑ ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservai ❑ Other: Signer is Representing: 0 Individual ❑ Corporate Officer Title (s): ❑ Partner - 0 Limited 0 General ❑ Attomey-in-Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT BEING A PORTION OF LOT 8, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP; THENCE SOUTH 47°44'36- EAST, A DISTANCE OF 94.35 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO THE NORTHEASTERLY CORNER OF SAID LOT, ALSO BEING THE BEGINNING OF THE WESTERLY CORNER CUTBACK LINE OF VIA CONSUELO AS SHOWN ON SAID MAP; THENCE SOUTH 42.15'24- WEST, A DISTANCE OF 1.00 FOOT; THENCE NORTH 51 `39'24- WEST, A DISTANCE OF 94.29 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT; THENCE NORTH 40`03'51- EAST, A DISTANCE OF 7.44 FEET ALONG THE NORTHWESTERLY LINE SAID LOT TO THE POINT OF BEGINNING. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT -B° AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 5- 7- o ¢ ROBERT C. OLLERTON DATE i°� PLS 7737 PROFESSIONAL LAND SURVEYOR NO. 7731 %t•3% 05 EXPIRES: 12-31-2005 m C:\0201900.01\legal descriptions\TR 19872-2 LOT 8.doc N40'03'51'E 7.44' J7i��; P.O.B. LOT ry9 8 S4215'24'W 1.00' (N.T.S.) LOT r �r�l "fir, f', LOT Jr� CUPENO i RAINBOW CYN. LOT J RD. CLUBHOUSE DR. M4SI DR. MURFlELD DR. LOM4 LINDA ROAD WI CONSUELO MA.SKUAZ CE: . COM017LO CT. Wl GILBEF hN GPREPARED UNDER 771E SUPERVISION OF. 1 LANDSCAPE EASEMENT SCALE- 1 ""=40' C 5- -7- 0¢ P 08. POINT OF BEGINNING ROBERT C. OLLERTON P.L.S. NO. 77JI DA7E EXPIRES: 3--JI-05 N.T.S. NOT TO SCALE W om ,aPEo er'I EXH/B/T "B" COW & FOX, INC. 1? 7t-0S U21WN BY 151 S GhWO ST. HEMET, C4 925" 9� oR CNS (909) 652-4454 Qa1F a-1a1+ -%U7 1 OF 1 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas M. Zatto, a Married man, as his sole and separate property ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this QD day of , 2004. ----------- Signature: Thorn alto EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT BEING A PORTION OF LOT 9, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP; THENCE NORTH 47°44'36" WEST, A DISTANCE OF 94.47 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO THE NORTHEASTERLY CORNER OF SAID LOT, ALSO BEING THE BEGINNING OF THE EASTERLY CORNER CUTBACK LINE OF VIA CONSUELO AS SHOWN ON SAID MAP; THENCE SOUTH 87`52'57" WEST, A DISTANCE OF 34.92 FEET ALONG THE NORTH LINE OF SAID LOT AND SAID CORNER CUTBACK LINE TO THE NORTHWESTERLY CORNER OF SAID LOT AND END OF SAID CORNER CUTBACK LINE; THENCE SOUTH 05'56'54" WEST, A DISTANCE OF 6.24 FEET; THENCE NORTH 87°52'57" EAST, A DISTANCE OF 30.40 FEET, PARALLEL WITH THE NORTH LINE OF SAID LOT AND SAID CORNER CUTBACK LINE OF VIA CONSUELO; THENCE NORTH 42`15'24- EAST, A DISTANCE OF 7.18 FEET; THENCE SOUTH 47'44'36" EAST, A DISTANCE OF 94.01 FEET, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 42'15'24" EAST, A DISTANCE OF 1.00 FOOT ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO THE POINT OF BEGINNING; THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPA D/UNDER THE SUPERVISION OF: yy0��t C. of-z'% PLS 7731 j ROBERT C. OLLERTON DATE EXPIRES PROFESSIONAL LAND SURVEYOR NO. 7731 s i? 7 S EXPIRES:12-31-2005 OF AUF C:\0201900.01\legal descriptions\TR 19872-2 LOT 9.doc ''l \ LOT / / X CUPENO LN.-� RAINBOW CYN. RD. CLUBHOUSE DIROAD 4'�? AlAS1ER YURI . LOW LIND WI CONSUELO ,",,7Ci C000411.0 CT.. vu cILBLx 19C/N/lY AL4P NOT TO SC4LE \ OO ti SCALE- 1 "=50' LOT A 3 4 P.O.B. �11.� LOT Roy, h J�(�E DATA 9 O1 S 87'52'57" W 34.92' LOT 5 2O S 05.56'54" W 6.24' O3 N 87.52'57" E 30.40' J L (77 LDT ® N 42.15'24" E 7.18' (NTS) 2 27 5O N 4215'24° E 1.00'(NTS)Q PREPARED UNDER HT}ES�U�PfRWS/ON OF ® LANDSCAPE EASEMENT CO G . )4)6.4 q'04 P.O.B. POINT OF BEGINNING ROSERT C. OLLERTON P.L.S. NO.. 7731 DATE (NTS) NOT TO SCALE EXPIRES- 3-31-05 MW O O� lAft CITY OF Tf"MA TNOMAS M. ZATTO °�'AL� 6CaNWAVY MAW p57AICT PREPARED BY * ,''�,�,TT°N * EXH/B/T "B" COZ40 & FOX, 1NG: �z-3I-03 OR4l{iV BY 151 S 01R4RD ST. 333� tir R.O. HEWT, GA 92544 9r� OP CAU4°� (909) 552-4454 >£ 04-1G74 SHEET I OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - ss. County of On C)Oq before me, �%U1D uL �.%�7 R �wni%1O-A^,/ w�-f-L Data ��11 ame a,W THIe of OXioar (e.8 '�ane Doe. Notary Pu i— ct l personally appeared �/m Name(s) of aigne,(s) SHELLEY A- MUELLER _QC7mrn*'a= 81CNoykClla RNerslde County My Comm. Exphes Mar 13, 2007 ❑ personally known to me PI —roved to me on the basis of satisfactory evidence to be the person whose name 4AO subscribed to the within instrument and acknowledged to me that®/sheAliey executed the same in is efoheir /�a]uthorized capacity(ies} and that by G' /herAMir signaturexon the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Nolary PUBIk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Xd_✓! !Je Gtpz Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: WME 'Am ❑ Individual Top of Numb here ❑ Corporate Officer — Title(s): ❑ Partner — E Limited E General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 19" Natbnal Nolary AteaGation • 93N De Soto Am., PO. Box 24M • CheSwoM, CA 9131320 • x nationehrotary.a,9 Pmtl. W. 5997 Reader. Cell Toll -Free tdllRa7&98V Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Juan Garcia Canseco hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit 'B" IN WITNESS WHERE OF; this instrument has been executed this -;M5 day of , 2004. Signature: aAA- Ct N 3ua1n & r-CI OL- C an Se co Signature: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 1.00 FOOT OF LOT 27, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 27, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 773' EXPIRES: 12-31-2005 C:\0201900.01\legal descriptions\TR 19872-2 LOT 27.doc LOT J I DT -J J L D r 11,o 26 CZFP`��O�P 1 �pOO pip gG LOT 19872-2 \ 27 LOT 25 CUPENO LN.J4 F RAINBOW CYN. RD. CLUBHOUSE DR. c MASTERS DR. r MURnaD DR. LOMA LINDA ROAD VIA CONSUELO MASKUAZ CT. \ CoMomo C WI GILBI N VIC/N/IY Al4P NOT TO SCALE L 0 T 2 8 J JVLE3, SCALE.• 1=40" \ O PREPARED IJNDER THESUPERNSION OF ® LANDSCAPE EASEMENT (N'� 6.04)6, 5-/8-o4 OBERT C. OLLERTON P.L.S N0. 77JI DATE EXPIRES.• 3--JI-05 o1ypL LA,yo _. CITY OF TF�1,'Cll d BRYAN F. IF, ua_ a cawo m 59ow a57Wr FRAN L . ASHE CanSeco ok49���� pr ,4Rm er RAlON"04-2W4 EXHIBIT W-v COZ40 & FOX, INC. 11253i-0s 151 S 01WO Sr 'T Np, i�3� to HEMET, C 4 92544 A� CALl4�� (909) 652-4454 SHEET 1 OF 1 171F- 1072-2 LOT 27DW .IN 020190001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California A . _ County of ss. `TU.�`��D Dn d9. 2-00 before me, so - 77) t,a� Date NVhe and Title of Officer (e., -Jane Doe, Notary Publicl personally appeared SHElLEYA MUELLER Commbdon 8 1405218 Notary Public • Colifomlo Riverside County -W0fury Comm. Elrpkea Mar 13, 2007 Place Notary Seal Above Neonate) of Signer(s) ❑ personally known to me GLpfoved to me on the basis of satisfactory evidence to be the person whose named &are subscribed to the within instrument and acknowledged to me that/shefthey executed the same in (ElAer/ilaeir authorized capacity(ieg), and that by Q/herkheir signature(4 on the instrument the personK, or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: '/— Z 9, d Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER LN 01997 National NotaryAssociation • 93W De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: call Toll -Free "00-876.6527 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rosie Mousser, a Married woman as her sole and separate property ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hg to and rked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this `3y —day of 2004. Signature: 4.Ca U�✓ R sie Mousser EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 1.00 FOOT OF LOT 28, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 1.00 FOOT SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 28, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: V 5"'/B-049 PL57731 ROBERT C. OLLERTON DATE E FIRES i .IRES PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 C:\0201900.01\legal descriptions\TR 19872-2 LOT 28.doc LOT 27 LOT 28 �°ooF. �0 SGP�F1 LOT 29 LOT 30 ma LOT 38 CUPENO LN, RAINBOW CYN. A LOT 39 CLUBHOUSE DR.3 MASTERS DR.� MURRaD DR. LOAM LINDA ROAO VIA CONSUELO MASKUAZ CT.J COMOTILO VIA Gil WOW JW NOT TO MAY f.�r2 O PREPARED UNDER THE SUPERNSION OF ® LANDSCAPE EASEMENT G. 5-a9-04 SCALE 14-40' R06ERT C. OLLERTON P.L.S NO.. 77T DALE EXPIRES- 3--JI-05 P,q� Y�2B a�"O" EXIMB/T f1IBJ7 COZ40 & FOX, INC. 2-31-05 I RAMN BY 151 S 01MR9 ST. sT No 3� ti� .O. HEMET CA 91544 9� OA CAL�QO� (909) 651-4454 1E -1Gb4 SNP 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California f 1 �A1�IL11 } as. County of J.. rr On O 2 ` before me, i0y1� • CYLUJuil �l66✓Ul �e Date tl Title antle of Officer (e.g. 'Jab. Doe, NOUry Pu" 1`/ personally appeared Name(s) of Signer(s) ❑ personally known to me G-Jroved to me on the basis of satisfactory evidence SHELLEYA. MUELLER hillon # 140521E Notary Public - California Rlverslde County My Comm. Expires Mar 13. 2007 to be the person whose namo)<�ifflare- subscribed to the within instrument and acknowledged to me that 46*4�e they executed the same in +0s6ei/their authorized capacity((, and that by his/Ge�/ther signature on the instrument the person(s), or the entity upon behalf of which the person(Sf acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of NMary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �2n0�QJJ1llAr-�Q �J �� d r-�+ Xt Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natimel Notary Aeeodaflon • 9M Do Soto Ave., P.O. Box M2 • Chat rlh, CA 9131 M2 • rv»w.nationabnlar,.,g Prod No. 507 Reoreor, Cell Tdl-Free 1-BODB)8-60Y1 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line for DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Terry Kristine Kendall, a single person ("Grantor") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached Pereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this day of M t, , 2004. Signature: Terry Krisf Kdndall EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT BEING A PORTION OF LOT 38, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP; THENCE SOUTH 09.10'19- WEST, A DISTANCE OF 18.23 FEET ALONG THE EASTERLY LINE OF SAID LOT; THENCE NORTH 49"11'49- WEST, A DISTANCE OF 11.27 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT; THENCE NORTH 47.06'08" EAST, A DISTANCE OF 15.62 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: rC .0.,1cA-h 5- 7-0¢ LAND ROBERT C. OLLERTON DATE y5��t C. O((F� PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 ode PLS 7731 EXPIRES y ia• ro5 C:\0201900.01\legal descriptions\TR 19872-2 LOT 38.doc P AAA R0p0 CUPENO LN.--) `� RAINBOW CYN. RD. CLUBHOUSE DR. Q �� SEE DETAIL ""� °R" f, AIURFlELD DR. �` / r� l LOMA UNDA ROAD ♦ ' � m CONSUELO (��r O J �>>> MASCOMonLO z t c 1 LOT (� -r VM CILBI 39 N VICWY MP NOT TO SGLE LOT 29 LOT 30 / L bT 31 \ P.0.B:���so18.23' "w 8.23 N47'O6 LOT 38 LDT 37 *1 9" SCALE1'=50' N49'11'49"W 11.27'Q DETAIL PREPARED UNDER THE SUPERNSION OF ® LANDSCAPE EASEMENT SCALE: 1 "=20' P 08 POINT OF BEGINNING OBERT C. OLLERTON P.L.S. NO. 7731 DATE EXPIRES." 3-31-05 CUM &" FOX, 1A'C" 151 S" 01R P ST. HEW M 925" (909) 852-4454 RBCLSiRA3YONEXH/B/T "B" t2-31-05 OR4WN BY." .a ON SHEET 1 OF 7 Parcel name: 19872-2 LOT 38 North: 3958.6479 East : 6064.3826 Line Course: 5 09-10-19 W Length: 18.23 North: 3940.6510 East : 6061.4768 Line Course: N 49-11-49 W Length: 11.27 North: 3948.0155 East : 6052.9458 Line Course: N 47-06-08 E Length: 15.62 North: 3958.6479 East : 6064.3886 Perimeter: 45.12 Area: 87.50 sq.ft. 0.002 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0060 course: N 89-58-44 E Error North: 0.00000 East : O.00S97 Pj'ecision 1: 7,520.00 1 State of California ss. « County of Riverside ;s On / 1 ;W't before me, ' Notary Public, personally appeared ;r z I-el(rq—(Pnda l( proved to me on the basis of satisfactory Con mn + M 13"144 hlotary Pubic - Collfoo faverskle County'_ _ (SEAL) evidence to be the person() whose name( is/ate subscribed to the within instrument and acknowledged to me that h#she/th4 executed the same in ho/her/th4ir authorized capacity, and that by h} /her/th�ir signature on the instrument the person($), or the entity upon behalf of which the person(p) acted, executed the instrument. WW1 ESS my aInd official seal. 7%I ll'I i m Q _ OPTIONAL III Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doi Title or Type of Document: Document Date: s1 K !L. 1 t i_ oc�L Number of Pages: Signers Other Than Named Above: Capacity(ies) Claimed by Signers(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited ❑ ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservai ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PJ Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula for Recorder's DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kevin L. Feeney and Christina Feeney, Husband and Wife, as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attache1d1,4ereto and Marked Exhibit "B" IN WITNESS 1 instrument has been executed this _L+_ day of Rt) q QSs i 2004. Signature:��—,e, Kevin L. Feeney Signature: kw, - Christina Feeney WHERE OF; this State of Cal'rfomta County of 0 rain Gf, } On % 0before me, � 2(i Lcwl '5 Q 12711C2 no-6( RBI; DaM Nm o T al OIRwr HA.'JYM on, personally appeared 0 T OMsLEWIS i DRAKE 3 i) NOTARY PUBt1C-CAl1FORNIAfl RIVERSIDE COUNTY A COMM. EXP. APRIL 30, 2007 Pbw Nod,y Sol Abaw ❑ personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose nam s) istare subscribed to the within Instrument and acknowledged to me that.Wshetthey executed the same in b.[atherttheir authorized ca ac(ies), and that by jiis/herttheir s' natu s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and and official seal. Sipl•bn of Nab" RA11e OPTIONAL Thwo Nte mb madm below is nor required by raw, x may prove valuable to pwsom M V om me doraarrenr and coaid prevent baNduranr Mm" and msftdlmerd of mts form to anodw dmffnenr. Description of Attached Document I ^ Titlen or Type of Document: T F/1 ( � '(��� �p � I n I ETXMj DocumentDate: N)CAly4-1' 'UD Number of Pages: Signer(s) Other Than Named Above: Capactty(ies) Claimed by Signer Signer's Name: ❑ Individual MENEM ❑ Corporate Officer — TRIe(s): Top of thumb here ❑ Partner —❑ limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 IM NrmRI NO" Astk w-9 00a aNa AW P.M de-ChMmo,. GM lbeg2•wanrwreNmya Pailb.ypw Raar Cr Wtw HwiN1O'!) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l } County of ss. J On $_(1(4-10 Date personally appeared Place Notary Seal Above before me, 1L/ tom x A . n U�J1JLcn . % 1 t/�tC Na and Title of ORcer (e.9,.'3ane oe, Notary Publi rr ( ❑ personally known to me 5Kproved to me on the basis of satisfactory evidence to be the personas'( whose nameo (ss)'ere subscribed to the within instrument and acknowledged to me that-hel�hsithey executed the same in t/their authorized capacity(ipsrf and that by k' h r/their signature(s)'on the instrument the person, o, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DQQec�ument -- -- ��� � Title or Type of Document: /n6^01&O� ( ✓y�dcl M^ A-e-( Ea- �� P-ckt Document Date: `/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Tttle(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: I RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-80M7M827 EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 15.00 FEET OF LOT 39, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 15.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 39, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: 'Iq � ANAL LAN\ ROBERT C. OLLERTON DATE o o PROFESSIONAL LAND SURVEYOR NO. 7731 d °` I. S »ai o EXPIRES:12-31-2005 + E or C:\0201900.01\legal descriptions\TR 19872-2 LOT 39.doc N pfC 'O CUPENO LN. �r RAINBOW CM. J r RD. CLUBHOUSE DR.� cl L r - MASTERS OR. cf LOT 8 \ MURFlELD DR. LOMA LINDA ROAD29 A VIA CONSUELO MASKUAZ CT. COMOTILO CT. 7 VIA GILBERTO— 3 0 WQN/IY ,IL4P r l� NOT TO SCALE LOT 38 LOT 39 �c LOT 40 � 0� �13' 1� I J7 oTc ��o 841 LOT \ \ 1E� N PRfR4Rf4 UNDER THE SUPERVISION OF ® LANDSCAPE EASEMENT G..� S-/8-0¢ SCALE 1'=50" R08ERT C. OLLERTON P.L.S. NO.. 77JI DATE EXPIRES- 3-JI-05 KEN L. OWNER La KEVIN L. FEENEY cF S1°IyAL yp OF sG L'f 7'�jiMM cawso" OYRIS171VA FEENEY ws os� °� �4 leams SnP S �7ACl PREPARED BY * "E°ES °" *"Of-,9" EXHIBIT "B" COM �' FOX, INC. 1731-05 151 S. MUO ST. sj yO NEMET, CA -02544 9� OA CALSf0 (909) 652-M-54 Mal I OF 1 FILE 19972-2 LOT 39.ONC dN A917MI M Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Edward J. Wilson and Deborah L. Wilson, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this 19 day of Tuv4 e- , 2004. Signature: Edward J. Wilsor MAI) /l _. il�� EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 40, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 40, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: Ujc.c(�� Ole ROBERT C. OLLERTON DATE rro.,!S��- PROFESSIONAL LAND SURVEYOR NO. 7731 73� 2 EXPIRES:12-31-2005 kU j' 1 s001 C:\0201900.01\legal descriptions\TR 19872-2 LOT 40.doc 1w 67 2-2 CUPENO IN.--3 %DR.4eq, RAINBOW CYN. RD. CLUBHOUSE MASIERS OR. r MUMELD DR. LOMA UNDA ROAD WI CONSUELO MASKUAZ CT. COM077LO C KA DILBI lE�NP PREPARED UNDER 7HE SUPERNS/ON OF ® LANDSCAPE EASEMENT wC, © 5-/8 • og OBERT C. OLLERTON P.L.S NO.. 7731 DAIS SORES- J JI-05 aRmaQm er `�°�"`A'I°N EXH/B/T AvgCOZ40 & FOX, INC.i2-si-0s OR4WN Br. 151 S.MOP Sr�) g� �P R.O. HEMET, CA 92544 OF CAI, (909) 02-4454 a�>E' a4-xn* SHfu I OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of `/(��<�l ss. On -nC_ / before me, �,/ 7)ot Dal nnE ii a of Officer (e Dotary Put personally appeared n A- # 1405218 - California County Bs Mar 13.2C SHELLEY A. MUELLER _ Commission # 1405218 awcomm.ExpiresMal,113,2007 Notary Public - California Rlvemlde County ❑ personally known to me 9-5-roved to me on the basis of satisfactory evidence to be the person se whose nam s) ism subscribed to the within instrument and acknowledged to me that he/sheAt executed the same in-hisfher/900 authorized capacity( and that by hisfher/ el signature on the instrument the persorf(8 , or the entity upon behalf of which the persor (os acted, executed the instrument. WITNESS my hand and official seal. �Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Title or Type of Document:640 d f2G��1 l C� tiY A W Document Date: 6) Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: DIM Natural NotaryAssodelbn • 9350 De Soto Am., P.O. Box 2402 • ChaWaonh, CA 91313-2402 • rrxx.netiomlmlary.olg Prof. No. 5907 Remtler. Cell Tell -Free 1-BOPB]&882) Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rachel D. Aldape, a married woman as her sole and separate property ("Grantor") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this D3 day of SIN , 2004. • (;�s. 1, , Q_%1, • State of California } ss. County of Riverside On 6 • a � • Q before me, , Notary Public, personally appeared d cj . n n ' C' ..a,-. Qofl is p" I proved to me on the basis of satisfactory MICHAELA A. BALLREICH Commission # 1385694 Notary Public - California Riverside County My Comm. EoesDec4, 2gO6 evidence to be the person whose name* is/aOb- subscribed to the within instrument and acknowledged to me that *she/th6 executed the same in h*her/thkir authorized capacity, and that by fkher/th�rr-signature on the instrument the personA or the entity upon behalf of which the person(, acted, executed the instrument. WITNESS my hand ands official seal. (SEAL) - &k IJ t -(, OOf.a t� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Date: 1c�4,— Number of Pages: Signers Other Than Named Above: Ll Capacity(les) Claimed by Signers(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited ❑ ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservat ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title (s): ❑ Partner - ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 41, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 41, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: W6. V 5 �8'O� �NAI LAlyp,1 ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 K PLxS 77E31 + ETA • f/poi CA0201900.01\legal descriptions\TR 19872-2 LOT 41.doc 15 CUPENO LN. RAINBOW CYN. RD. CLUBHOUSE DR.�c cr \ MASTERS DR. MURRELD DR. LOT LOAM LINDA ROAD A, 30 VIA CONSUELO MASKUAZ CT. COMO17LO CT. B `! f� WI GILBERTO 1 WIN/lY AL4P NOT TO SCALE LOT 40 LOT 41 All. • l� f LOT ` o; 42 ` LOT �O 43 SCALE1`=56t PREPARED UNDER THE SUPERNSION OF ® LANDSCAPE EASEMENT C'• S-iB-o4 OBERT C. MERTON P.L.S. NO.. 77JI DAIS EXPIRES.- 3 31-05 R oCITY OF TF,�'CUI.EI RACHEL HEL D. ALDAPDAPE sS�°�ALc•Lo[�� sG�camwim Mom fis=7 t.. PREPARED BY * 1t� ON * '' EXH/B/T "B" COZ40 & FOX, INC.. 12-31-05 DR9WN BY 151 S C1MAV ST. p A �g� � B.O. HEMET, CA 92544 9T8 7 0 (909) 652-4454 Op CALl4 Qq�. 04-2004 SNLFT 1 OF 1 RM 19872-2 LOT 41.ONC -N.. 020190001 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula above this line DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Phillip M. Beckman and Joni K. Beckman, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this to day of \7Z& L , 2004. Signature: C- rn p M Phillip M. 13eckman Signature:y� 10 i K. Beckman EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 42, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 42, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: I��L G •®Ul�+�h S-�B-o4 ROBERT C. OLLERTON DATE PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 PLS 7731 i `3% OS C:\0201900.01\legal descriptions\TR 19872-2 LOT 42.doc LOT 39 �r,. LOT /40 CUPENO LN. j RAINBOW CYN. RD.- CLUBHOUSE DR. MASTERS DR. cj MURFlELD DR. LOMA LINDA ROAD W1 CONSUELO MASKUAZ Ci COAMODLO 6 W1 GILBI N VIC/N/lY AL4P NOT TO SCALE LOT LOT 42 LOT LOT 43 44 O � \ SCALE 1 "=50' �Q PREPARED UNDER THE SUUPERNS/ON OF ® LANDSCAPE EASEMENT W6,0( y'49'04 ROBERT C. OLLERTON P.L.S. NO. 7791 DATE EXPIRES: 3--31-05 RF°°N � ExHrBir ABA COW & FOX, INC.1231-05 DRAWN Br- 151 S. 01RUP ST. sj P C13i �� 3� P R.O. HEMET, CA 92544 N� O (909) 652-4454 L47E. 04-2004 �� 1 OF 1 RM' 19872-2 LOT 42DNC .LN WOM"Of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 6 Zd0 before me, �Q `fide, y Date /�—me. Ttle of 011cer (e.g.,'Jam Doe, Notary Public personally appeared 'I /Lt.2.�Jyo �i b1,� ckgl o-al d ;)6arw X. f7kcky" ll—, Nan (s)of Sgmr(s) SHELLEY A MUELLER Commission # 1405218 Notary Public - CaliforniaRNeYside County QwComim.ExpiresMorI3,20071 ❑ personally known to me D-proved to me on the basis of satisfactory evidence to be the person whose nam(A-WQ subscribed to the within instrS�ent and acknowledged to me that he/sheAR* executed the Sam in hWAeer/1%i authorized capacity( and that by h slher� signature on the instrument the person the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. /)iti.9-�-L+--�i - igneture of Noary PUNic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: O) e1C)'i coy2-tr `i}'(A n -n cA C ✓ � 0-4 3 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . a ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1999 Nabo NoMq Asecdal • 938o De Soto Ave., P.O. N x 20 2 • Chet 0, CA 9131324 • vmw.natbe wmi .ory Prod. No. M7 Reor .. Cell Toll -Free 1- 876i 7 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jesus Muratalla and Jamie L. Muratalla, Husband and Wife, as joint tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this (o day of u 2004. Signature: amie L. Murata l EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 43, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 43, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: °NAL LA ROBERT C. OLLERTON DATE O o PAS 7731 I PROFESSIONAL LAND SURVEYOR NO. 7731 IRES EXPIRES: 12-31-2005 / /•O C:\0201900.01\legal descriptions\TR 19872-2 LOT 43.doc 15 top ,,�'A slAnt' R7/Ey��� 79(S) CUPENO LN. RAINBOW CYN. RD. a CLUBHOUSE OR.4 aMASTERS DR. MURFlELD DR. "Jp LOMA UNDA ROAD 4,9 M CONSUELO MASKUAZ CT. COM011LO C M GILBI / J r NC/N/IY W 4 y NOT TO SC F 4or 43 TR, 19372-2 "I'll 43 11 pp OF �Jr M,E3, J54/j3-- j,8 `� IRECORD OWNER.• ZSUS MURATALLA & JAWE L. MURATALLA COZ40 & FOX, 19W 151 S. GIRQ9 ST. HEW CA 92544 (909) 652-4454 n a � 55 SCALE 1 "=50' PREPARED UNDER THE SUPERNSION OF ® LANDSCAPE EASEMENT NOW C. OLLERTON P.L.S NO.. 7731 DATE EXPIRES- 3-31-05 F*,VAlg77i��! * l �oN� *� 12-31-05 1 EMB/T ABA Op SR£ET I OF 1 JUHAT State ofLS .l l I YOV n t o County of ss. Subscribed and sworn to (or affirmed) before me this �D day of y, a�, by tlf* FAVA27A Carwwrbnr 1458%1 �+ nth Year y n ^ •^mayFUft • q a MUM CMnilit MlyCamm.'; JIan24,20081 (2) J [1�M i Q igner(c) 1 . (" LA, Y0. �u0� I' Name of Signer(st Signature of Notary Public OPTIONAL Though the information in this section is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document AUMIMILIMMMI '' Top of thumb here Tap of thumb here Title or Type of Document: Document Date: / Lot D4-4 Number of Pages: Signer(s) Other Than Named Above: tj/A O 1999 National Nola Association •-- rY 9360 De Soto Ave., P.O. Be.B2462 • Cnar��.,,.nn re o. o.., .,,.,. ""'"•" +��� Hoarder: Call Toll -Free 1-800-876-6827 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula this line DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Arnold R. Barrera and Concepcion Barrera, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this \S day of 6 (1 tip— , 2004. Signature: O[(/Yl,(}d j�JIA/lti° Arnold R. Barrera Signature: Concepci Barrera EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 47, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 47, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT -W AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: p4c w�' -.f /9 a 4 . L LA ROBERT C. OLLERTON DATE 55��a C. p!( s PROFESSIONAL LAND SURVEYOR NO.7731 EXPIRES: 12-31-2005 nkc PLS 7731 { E PIR Q s C:\0201900.01\legal descriptions\TR 19872-2 LOT 47.doc 15 1 Slq� 79(S) �c OR �c CUPENO LN. LOT RAINBOW CYN RD. CLUBHOUSE DR.�c cr 44 lV , MASTERS DR. r MURRELD DR. LOW LINDA ROAD VIA CONSU£LO L J T MASKUAZ CT. COMO17LO CT. if 5 VIA GILBERTO N VIC/N/IY Al4P LOT NOT TO SCALE 46 LOT NORTMEpFO1Y^� l �y,6 47 „oo 0 a LOT n 48 3 55 O � LOT o49 O �i LOT SCALE 1"=50' 50 �r2 PREPARED UNDER THE SUPERKSION OF ® LANDSCAPE EASEMENT G. a 5-1f o ROBERT C. OLLERTON P.L.S. NO. 77JI DATE EXPIRES.• 3--31-05 ARNOLDRMOROWNER.• S`oxAL L 4 vo 1p M7 OF TES' M ARNOLD R. BARRERA & CONCEPCION BARRERA 4�s �w�� C. o p �A E ! CAMKWY MOW A57W PREPARED BY * RROIS1RA710 xx *'' :°�■°, COZ40 & FOX, INC. 1 aW V By EXHIBIT "B" 151 S. G/BARD ST. R.O. MEW CA 92544 N� OF CAL1Q�� (909) 652-4454 pg7E 04-2004 SW7 / OF I fRM' 19872-2 LOT 479K dN. 0201900.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On r /S'y y before me, jk _X `Jr' • � l , T� Date � . _ -I nr� mama and rile of offlwr (a.9.. •3ana We, otan Publi[') v� personally appeared WUu� UCt /1Jz(/lA Nana(s) or Signer(s) SHEILEY A. MUELLER Commisslon # 140521 B Z S Notary Public - California 5_ z Riverside County QMy comm. Expires Mar 13, 2007 ❑ pers nally known to me roved to me on the basis of satisfactory evidence to be the personksf whose name Were - subscribed to the within instrument and acknowledged to me thaiji executed the same in �'hls)(her/trteir authorized capacity(Ws), and that by Q/her/liseir signatureKon the instrument the person(, or the entity upon behalf of which the persoW acted, executed the instrument. WITNESS my hand and official seal. - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (kPA9C0a4, Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notery Association • 9350 De Soto Are., P.O. Box 24M • Chatsw dh, CA 91313-2402 • x nationalnotaiyoq Prod. No. 5907 Reorder. Call Toll -Free 1-BW-B]0-082] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � } ss. County of -�_O ��-d ��1 L J On = nt 1 (b 2-00`i before me, 61 Date a antl Tale of OXicer (e.g.,'Jane Doe. Notary personally appeared �YIU-PC_-Or Name(s) of Signega) ❑ personally known to me �oved to me on the basis of satisfactory evidence to be the person(.ei whose name/) Dare - subscribed to the , within instrument and acknowledged to me that helffil hey executed the same in NeCe)/their authorized capacity(i"� and that by -his/C&Rth6 signature(yKon the instrument the person(a� or the entity upon behalf of which the person(s'f acted, executed the instrument. WITNESS my hand and official seal. 6kignaWn of Nolery Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AA Document Date: U Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 109 National Notary Aesoaanon • 93150 De Solo Ave., P0. Sox 2do2 • Ch=mdh, CA 91313-24 • wmv.na5omfnoto,o,, P,otl. No. 5907 Reorder: Cell Toll -Fred iE 76532] Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald L. Halstead and Susan M. Halstead, Husband and Wife, as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been execute this 15 rA day of JkNG 2004. Signatu . Q Ronald L. Halstead Signatur Susan M. Halstead EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 11.00 FEET OF LOT 48, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 11.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 48, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B° AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: „'1 6.0 t". s•i8-04 ROBERT C. OLLERTON DATEo� s PROFESSIONAL LAND SURVEYOR NO. 7731 EXPIRES: 12-31-2005 coe PLS 7731 C C:\0201900.01\legal descriptions\TR 19872-2 LOT 48.doc 15 cA SlA7F RTE, 79(g) PC 6 pR, AfC CUPENO LN. aRAINBOW CYN. RD. r CLUBHOUSE DR. J r a MASTERS DR. MURFlELD DR. �r LOMA LINDA ROAD A WI CONSUELO MASKUAZ Cl M077LO CT.. LOT CO WI GILBERTO 46 T�f y `���� �J VIC/N/lY AL4P NOT TO SCALE L 0 T ^f7 EAS��jY48 � NORTM a LOT cl� 48 o LOT 49 55 r y `X,,6 LOT 50 SCALE. 1'=50' WA To PREPARED UNDER THE SUPERWSION OF ® LANDSCAPE EASEMENT 944C. © 5-i8-o4 ROSERT C. OLLERTON P.L.S NO.. 77 I DATE EXPIRES- J JI-05 REGYJRv owNm CITY OF TEJIEOM RONALD L. HALSTEAD & SlOtIAL Lgyp fL GL7NKN/lY SU' PMt7SS A67JBG7 SUSAN M. HALS7EA0 oQ�So�gg� °p��A� e phumm BY REG ON COZ40 & FOX, 1AC 12-31-05 DR1WN BY. 151 S. CIRARD ST. mr No 33� r R.O. HEW CA 92544 N� OP CA0, (909) 652-4454 a41E 04-2004 SNP 1 OF 1 me 19672-2 LOT 480NC dN. 0201900.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California j ss. County of J�, �I � p On b - /5 - D Ll' before me,��! Date e. Tile of OXiOfficer(e.g., fma sd �crin —'J ne Doe, Nmary Pu c ) personally appeared 1 ()w`V Nao me(s� of Signer(a) ❑ personally known to me bj.ry ved to me on the basis of satisfactory evidence to be the persono whose nam(a isl: rQ subscribed to the within instrument and acknowledged to me that he/she/t >e executed the same in hkh%er/f0P authorized capacity(os and that by his/her/t(D signature(Dn the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. signature of Nolery PUMb OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:p`�c>,.%z= Document Date: l ') CYO y Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing O IM Nadmal NoMa Mso Yatbn • 93 De Soto Ave., P.O. Box 24M • CliatmM, CA 91313-2402 • w natlomlmWryory Pmtl. No. 5907 Reorder Cell ToI Free 1.800.07ea8V Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jose A. Rodriguez and Rosa M. Rodriguez, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right- of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached yh,�reto and rl d Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this L4% day oe stint 12004. Signatur b7/ 6 & p a j' fib--- ose A. Rodriguez 4-1 gignature: ! i'' 3[ i� i Rosa M. Rodriguez r , EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT THE NORTHEASTERLY 6.00 FEET OF LOT 49, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BOUND BY A LINE PARALLEL WITH AND 6.00 FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 49, SAID NORTHEASTERLY LINE ALSO BEING THE SOUTHWESTERLY LINE OF PALA ROAD AS SHOWN ON SAID MAP. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: ROBERT C. OLLERTON DATE h�o� C. o PROFESSIONAL LAND SURVEYOR NO. 7731 ,'��� �FP� EXPIRES: 12-31-2005 i° PLS 7731 y 1P 3EI 'as C:X0201900.01\legal descriptions\TR 19872-2 LOT 49 1.doc 15 G1 sglf 79(S) DR pfC CUPENO IN. aRAINBOW CYN. RD. a R. CLUBHOUSE D J -r 1 MASTERS DR. 1 MURFlELD OR. if J LOMA LINDA ROAD p VIA CONSUELO MASKUAZ CT. COMOTILO CT. LJ7 VA GILBERTO Af 6 r3, 19`G%7� J 14C/N1Y AW NOT TO SCALE L DT 47 LD7 a c� 48 v � ;o LOT NORTMOfs OR�49 O ��,� 49 6.00 55 LOT 50 SCALE. 1 A=_ I w VIA GILBERT PiEPARED 1I NDER THE SUPPERNSION OF ® LANDSCAPE EASEMENT R08LrRT C. OLLERTON P.L.S. N0. 7731 DATE EXPIRES- 3-31-05 RECORD owN AL L CITY OF TE�'M ✓OSE A. RODRIGUEZ & Flo s� _ l�IIAiC1117ysDow G57ar ROSA M. RODRIGUEZ QQS � c c. o � pA E e PREPARED 9Y * REGI57YLA77ON * i • S EXHIBIT "B" COZ40 & FOX, INC. 12-31-05 "WN BY HEMET, [ 9 544 mr9� 71'5 O 1Q R.O. (909) 652-4454 op cnLle a 7 04_2�4 SHEET 1 OF 1 FILE.• 19872-2 LOT 49.1.DMC dN. 0201AV OI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Q a County of ss. T (L�J'Q�LO'�D^� On L)-P-(_ 15 ,ZOO `) before me, Data personally appeared Q 1=. O. • <i �56sG `mil SHELLEYA, MUELLER Commlaslon # 1405218 -� NotaryPublic - Califomla _ Riverside County My Comm. Expbes Mar 13, 2007 ❑ personally known to me lor 'proved to me on the basis of satisfactory evidence to be the persono whose name -ts/ice subscribed to the within instrument and acknowledged to me that he/she/the executed the same in hief4ef/tt(0 authorized capacity and that by Nall �' signatur son the instrument the perso or the entity upon behalf of which the personQ acted, executed the instrument. WITNESS my hand and official seal. -X%'77ujj Stratum of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on 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: �' �s' 1 Number of Pages: —3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top o1 thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Muccatflon • 93W Da Solo Ave., PO. Box 2Go2 • ChebxoM, CA 91313-202 • mvnnat onalnc ary.ory Poi. No. Seen Re abler Call Tull -Free 1�376e927 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hector M. Gonzalez and Teresa Gonzalez, Husband and Wife as Joint Tentants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment and plant material over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A" which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this 3 day of AU�uaT , 2004. Signature: 9(yVj G(2 Hector M. GUnzalez Signature`Qlr Q-sc, A - G.MnZOA�U. Teresa Gonzalez 5/7/2004 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT BEING A PORTION OF LOT 50, OF TRACT 19872-2, AS SHOWN BY MAP ON FILE IN BOOK 154, PAGES 13 THROUGH 18, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT, ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF PALA ROAD; THENCE SOUTH 47°44'36" EAST, A DISTANCE OF 30.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO THE MOST NORTHEASTERLY CORNER OF SAID LOT, ALSO BEING THE BEGINNING OF THE CORNER CUTBACK LINE OF VIA GILBERTO AS SHOWN ON SAID MAP; THENCE SOUTH 04°50'26" EAST, A DISTANCE OF 34.13 FEET ALONG THE EASTERLY LINE OF SAID LOT AND SAID CORNER CUTBACK LINE TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT, ALSO BEING THE END OF SAID CORNER CUTBACK LINE; THENCE SOUTH 42'47'23" WEST, A DISTANCE OF 36.28 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 47° 12'37" WEST, A DISTANCE OF 0.70 FEET; THENCE NORTH 42°47'23" EAST, A DISTANCE OF 34.59 FEET, PARALLEL WITH SAID SOUTHEASTERLY LINE TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 30.60 FEET A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 45°44'58" WEST ; THENCE NORTHWESTERY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°10'32", AN ARC LENGTH OF 34.27 FEET TO THE END OF SAID CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 70°04'30" WEST; THENCE NORTH 47'44'36" WEST, A DISTANCE OF 28.63 FEET, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT, AND SAID SOUTHWESTERLY LINE OF PALA ROAD TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT; C:\0201900.0IVegal descriptions\TR 19872-2 LOT 50.doc 5/7/2004 Page 2 of 2 THENCE NORTH 42*15'24" EAST, A DISTANCE OF 6.00 FEET ALONG SAID NORTHWESTERLY LINE TO THE POINT OF BEGINNING. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: `? �G V V �-�4-� 5- 7- 04 a PLS 7737 ROBERT C. OLLERTON DATE i 3i o5 PROFESSIONAL LAND SURVEYOR NO. 7731 sf EXPIRES:12-31-2005 C:\0201900.01\legal descriptions\TR 19872-2 LOT 50.doc PALA SEE DETAIL LOT LOT 50 %J RECORD OWNER.' HECTOR M. 66WZALEZ & TERESA GONZALEZ PREPARED Br COZ40 & FOX, IAV. 151 S CIRARD ST. HEMET, C4 92544 (909) 652-4454 01 CUPENO LN.--1 RNNBOW CYN. RD. CLUBHOUSE DR. ° , MISTERS OR. r MURFlELO DR. LOMA LINDA ROAD VfA CONSUEL0 MASKUAZ CT. \ COMOIILO C VIA GILB! N I�IC/N/TY A(4P NOT TO SCALE laWRI LOT 50 LINE DATA 1 S 47'44'36" E 30.79' 2 S 04'50'26" E 34.13' O3 S 42'47'23" W 36.28' ® N 4712'37" W 0.70' 50 N 42'47'23" E 34.59' © N 47'44'36" W 28.63' 7O N 42'15'24" E 6.00' p=64.10' R=30.60' L=34.27' NOT TO SCALE PREPARED UNDER' IT -HE SSUPERl9SLON OF LLQ LANDSCAPE EASEMENT c DUB. - �� 7-a* P.QB. POINT OF BEGINNING ROBERT C. OLLER70Y P.L.S. NO.. 77JI DATE EXPIRES.- 3-JI-05 ♦A / * oNl / EXH/B/T "B" 1 33t-05 DR4NV BY `m> .�. _ . a R.O. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 Qw-tE � } ss. County of �/ J On lr Z�y, before me,1" A -,Mz -t- -Alp Y)04D-fV-1 ate (/' Name and Title of Officer (e.g., 'Jane Doe, Ndtary PubliC) personally appeared SHELLEy A. MUELLER Commimlon # 1405218 z S Notary Public • California Y_ 2 Riverside County My Comm. Exptre3 Mar 13. 2007 Place Notary Seal Above 14 ❑ personally known to me C9-Proved to me on the basis of satisfactory evidence to be the person(o whose names isfaoi) subscribed to the within instrument and acknowledged to me that he/she/t eQ)executed the same, in his{her/th@P authorijet4 capacity(es, and that by h6gier/,heif signature&on the instrument the persor((s) the entity upon behalf of which the person(ST acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Cl Signature of Nolary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 01997 National Notery Association • 9350 De Soto Ave., P.O. Box 2402 • Cbatsv ortb, CA 91313-2402 Prod. No, 5907 Reorder: Cell Toll -Free 1-800 76-6827 TCSD DEPARTMENTAL REPORT CITY ATTORNEY DIRECTOR OF FI CITY MANAGER _ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors f FROM: Herman D. Parker, Director of Community Service` DATE: August 24, 2004 SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary Harveston Community Park is located in the Harveston Development, a large Specific Plan development in the northern part of the City east of Interstate 15. The park site will include two dedicated full size lighted soccer fields; 2 lighted ball field with 90' bases; age appropriate play areas; a group picnic area; community building; restroom/concession/maintenance building; parking with approximately 300 spaces; benches; tables; drinking fountains and walkways. This park site is progressing well in the construction phase and is scheduled for completion in October of 2004. RHA Landscape Architects has prepared the construction documents for the improvements to Vail Ranch Park Site "C" Pablo Apis Park adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. A contract for the construction project was awarded on May 11, 2004. Staff anticipates construction will begin in the next 30 days. The conceptual Master Plan for the Wolf Creek Sports Complex is complete. The 43 acre park will offer parking, restroom/concession buildings, maintenance building, four lighted basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and walkways. This project is currently in final plan check and staff anticipates this project will go out to bid in 30 days. A Ground Breaking Ceremony for the Veteran's Memorial was held on July 4, 2004. The artist is currently working on the bronze sculptor. Staff anticipates construction to begin on the hardscape in the next 30 days. It is anticipated this project will be complete in November 2004. On October 28, 2003, the City of Temecula was awarded the library grant application in the amount of $8,500,000. A kick-off meeting has been scheduled with the State and City staff. The design development packet was submitted to the Office of Library Construction. Plans are currently being reviewed by DSA. In addition, staff has been meeting with representatives from the Friends of the R AZIGLERG\XDEPTRPW804. doc Library discussing donor opportunities in the new library. The entire design committee has convened to discuss donor opportunities and furnishings. The Erie Stanley Gardner exhibit at the Temecula Valley History Museum is currently in plan check. This project recreates Erie Stanley Gardner's office in his Temecula residence known as Rancho Del Pisano. The exhibit area will also include other Erle Stanley Gardner artifacts and memorabilia. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division currently has several summer programs underway including summer aquatic programs, Summer Day Camp, the S.M.A.R.T. program and the Summer Sunsets Film and Concert Series. R:\ZIGLERGVCDEPTRP710804. d0c REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 10, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:35 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS Naggar, Roberts, Stone, Washington, and Comerchero ABSENT: 0 AGENCY MEMBERS: None Also present were Assistant Executive Director O'Grady, Assistant City Attorney Curley, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 13, 2004 — continued from the July 27, 2004 meeting; 1.2 Approve the minutes of July 27, 2004. MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Roberts and electronic vote reflected approval with the exception of Agency Member Naggar who abstained with respect to 1.1 and Agency Members Stone and Washington who abstained with respect to 1.2. DEPARTMENTAL REPORT No additional comment. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS'REPORTS No comments. RAMin utes. rda\081004 ADJOURNMENT At 7:35 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 24, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMinutes. rda\081004 RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: August 24, 2004 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of August 24,2004 for the Redevelopment Department. First Time Homebuyers Proaram Funding in the amount of $100,000 is available for FY 04 —05. Residential Improvement Programs The program budget for FY 04-05 is $250,000, with $5,000 funded on 1unit. Affordable Housing The Cottages of Old Town project consists of fourteen new single-family detached homes and three rehabilitated single-family homes located on Sixth Street. The Ribbon Cutting Ceremony and Tour was held on Monday, June 7. Sixteen of the seventeen Homeowners have moved in with the last remaining one scheduled to move in sometime in September 2004. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home -ownership project within the Pujol Neighborhood. The groundbreaking was held on July 26, 2003 The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. Habitat will be submitting final grading plans, street improvements and final map to Public Works for review. RASYERSK\M0NTH LLnuly04.doc Senior Housin Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden -style apartments and project amenities, which will include a community room and swimming pool. The project is complete and the new residents are in the process of moving in. Old Town Community Theater The bid opening was held on January 14. Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in 14 months. Baily's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2"d Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Construction has begun and should be completed in the Fall 2004. Campus Project The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The facility will consist of mixed -income apartments, retail facilities, parking and participating college universities. The project should be completed in Fall of 2006. Facade Improvement/Non-Conforming Sian Program The following facade improvement/sign projects are in process or have recently been completed: • Hitching Post - Sign Program • Penfold Building - Sign Program - Completed • Homes Magazine - Sign Program — Completed RASYE RS KNONTH LLYyuly04.doc Old Town PromotionslMarketina FRIDAY HOT SUMMER NIGHTS Friday Hot Summer Nights kicked off on Friday, July 9 in Old Town Temecula. The evening featured the country blues performers, Aunt Kizzy'z Boyz at the Country Porch, the Two of Us and the Mount San Jacinto Jazz Band. Friday, July 16, featured an evening of Bluegrass with performances by Silverado and Older than Dirt. Returning to the stage, Aunt Kizzy'z Boyz performed on Friday, July 23. Rocky Zharp and the Blues Crackers took the stage on Friday, July 30 in addition to the Two of Us. The events also included a midway of carnival games for the kids at the Wild Cactus parking lot. Children participated in pitching ping-pong balls and pennies, tag floating ducks and blow bubbles for prizes. The Froggy 92.9 party jump was also at the Wild Cactus. That unusually dressed and always entertaining clown Dynamite Dave created his balloon sensations every Friday evening from 6 p.m. to 9 p.m. Friday Hot Summer Nights will continue through August 27 headlining the Lost Canyon Rangers, Rocky Zharp & the Blues Crackers, Susie Glaze & 8 Hand String Band and the very popular Aunt Kizzy'z Boyz. Additional Old Town events will be held to include Temecula On -Stage, the Quilt Festival, Fall Rod Run, Howl-O-ween in Old Town, Erie Stanley Gardner and Christmas in Old Town. RASYERSKW0NTHLLYyuly04.doc 3 OLD TOWS' TEMECULA I "days My 1pv 6 P.M. TO 9 P.M. ,,.ive Bands Every Friday July 9 AUNT KIZZY'Z BOYZ s-9 p.m.__ at the Country Porch, plus The 2 of Us +1, MSJC Jazz July 16 SILVERADO Bluegrass 6 p.m, to 9 p.m. Qn"�" at the Country Porch, plus Older than Dirt AUNT KIZZY'Z BOYZ 6-s July 23 p.m. at the � • Country Porch, plus Flamenco Guitarist Javid at Serendipity � July 30 ROCKY ZHARP & THE -BLUES CRACKERSAW �- 6-9 p.m. at the Country Porch, plus 2 of Us +1 1 Aug.OST CANYON RANGERS- western;:: , g• 6 6.9 p.m. at the Country Porch plus did Tyme Folk, And Flamenco Guitar Javid 6:d,i�t'.j�.• Aug.13 ROCKY ZHARP & THE BLUES CRACKER---� 6.9 p.m. at the Country Porch plus The 2 of Us +1 - 14 Aug. zo SUZIE GLAZE & 8-HAND STRING BAND 4= at Country Porch and Old Tyme Folk =' Aug. zy AUNT KIZZYIZ BOYZ 6.9 p.m. at Country Por�h�' plus Older Than Dirt Kids Midway with Carnival Games & Priz4w-mv Carriage Rides * Pony Rides (most nights) * Party Jump �aP a C Dynamite Dave Every Friday Night for information call (909) 694-6412 visit www.temeculacalifornia.come:--- TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUGUST 10, 2004 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:35 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, and Naggar ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, Assistant City Attorney Curley, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 16, 2004. MOTION: Authority Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Roberts and electronic vote reflected approval with the exception of Chairman Naggar who abstained. AUTHORITY BUSINESS 2 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE TEMECULA PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS R:W1n utes.tpfa%081004 Finance Director Roberts reviewed the staff report (as per agenda material), noting that these bonds are not obligations of the City but are, in fact, solely secured by the taxes levied on the properties within this District. MOTION: Authority Member Stone moved to approve staff recommendation. The motion was seconded by Authority Member Comerchero and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:38 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] RAMi n utes.tpfa\081004 ITEM 2 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Temecula Public Financing Authority FROM: Executive Director Shawn Nelson DATE: August 24, 2004 SUBJECT: Formation of Community Facilities District — Roripaugh Ranch RECOMMENDATION: It is recommended that the Authority adopt the resolutions entitled: RESOLUTION NO. TPFA 04-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH 03-02 RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) BACKGROUND: Ashby USA, LLC, a California limited liability company (the "Landowner") has requested that the Authority form a community facilities district to (i) assist in the funding of various public improvements necessitated by the construction of the Roripaugh Ranch subdivision or otherwise satisfying obligations arising from the development, and (ii) eliminate an existing County special assessment lien on property in the proposed community facilities district. The City and the Redevelopment Agency created the Authority in 2001, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the formation of community facilities districts and act as the issuer of any community facilities district bonds. The Authority will consider the adoption of two resolutions related to the formation of a community facilities district ("CFD"). The CFD will only include land owned by the Landowner, who has submitted a petition to the Authority requesting the formation of the CFD, and certain merchant builders who purchased land from the Landowner who are also expected to submit petitions to the Authority requesting formation of the CFD. The Landowner has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has previously entered into an amended and restated deposit/reimbursement agreement with the City and the Authority with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to be in a position to consider the formation of the community facilities district in September of this year, the Authority will consider adoption of two resolutions of intention relative to the proposed community facilities district. These resolutions call for public hearings on September 28, 2004 on the formation of the community facilities district and the issuance of bonds, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds and to pay administrative costs of the CFD, and describe in general terms the improvements to be financed. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. ATTACHMENTS: Resolutions (2) RESOLUTION NO. TPFA 04-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH 03-02 WHEREAS, under the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there has been submitted to this Board of Directors Petitions (Including Waivers) of the owners of real property in the Roripaugh Ranch development within the City of Temecula (collectively, the "Petitions"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District'); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petitions to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The types of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the County of Riverside, the Riverside County Flood Control and Water Conservation District, the Temecula Community Services District, the Eastern Municipal Water District, the California Department of Transportation, and with any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause one or more series of bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $55,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax in the District shall be subject to the approval of the qualified electors at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study the proposed Facilities for the District and the Prior Lien and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities eligible to be funded by the District and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, September 28, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax with the District. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, David Taussig & Associates, Inc., Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. On November 26, 2002, the City Council of the City of Temecula approved the Roripaugh Ranch Project and specifically adopted Resolution No. 02-111 making certain findings with respect to the approval and certification of an Environmental Impact Report for the Project ("Roripaugh Ranch EIR"). All of the public improvements which are to be funded by the District were described, evaluated and studied as part of the Roripaugh Ranch EIR and Council Resolution No. 02-111. No significant changes have occurred with respect to the project or the environment which require further study or which render invalid the conclusions and findings of the Roripaugh Ranch EIR. No facts exist upon which any findings pursuant to Sections 15162, 15263 or 15265 of the State CEQA Guidelines could be based to require the preparation of a subsequent EIR, supplemental EIR or addendum to an EIR. Therefore, the Board of Directors hereby determines that the contemplated formation of a community facilities district and the issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project' as defined in Section 15378 off the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, and the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 15. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work -in -kind from one or more landowners in the District or related entities, which advances may be repaid and work -in -kind may be reimbursed to the person or entity which advanced the funds or work -in -kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 24th day of August, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 24th day of August, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The District may finance all or part of the costs of the following: Murrieta Hot Springs Road Murrieta Hot Springs Road (MHSR) from the Westerly Boundary Line of Tract 29661 (existing end of pavement) to Butterfield Stage Road: Improvements include grading for full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, traffic signal(s) landscaping, irrigation, storm drain, concrete slope protection, sewer and water pipelines, and other appurtenant improvements necessary to complete MHSR. 2. Butterfield Stage Road Butterfield Stage Road (BSR) from the Northerly tract boundary to Rancho California Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, traffic signal(s), signing and striping, landscaping, irrigation, storm drain, concrete slope protection, bridges over Santa Gertrudis Creek, and Long Valley Channel, sewer and water pipelines, and other appurtenant improvements necessary to complete Butterfield Stage Road. 3. Nicolas Road 3a Nicolas Road from BSR to the Easterly Metropolitan Water District (MWD) R/W: Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping, irrigation, storm drain, underground sewer and water pipelines, and other appurtenant improvements necessary to complete Nicolas Road. 3b Nicolas Road from the Easterly MWD R/W to Liefer Road including construction of Calle Garisol realignment to Nicolas Road: Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic detour, split rail fence, street lights, signing and striping, landscaping, irrigation, sewer, storm drain, bridge over Santa Gertrudis Creek (including channel lining and transition structure to bridge), access road, exit structure and other appurtenant improvements necessary to complete Nicolas Road. A-1 4. 5. Q 3c Nicolas Road Sewer Pipeline from Liefer Road to Joseph Road: Improvements include installing a 15" main line sewer including street re -pavement, traffic detour and other appurtenant improvements necessary to complete Nicolas Road Sewer pipeline. 3d Nicolas Road and North General Kearny Road intersection signalization: Improvements include signalization of intersection, striping, traffic control and other appurtenant improvements necessary to complete the signalization. 3e Nicolas Road and Winchester Road intersection widening and signal modification: Improvements include modifications to existing traffic signal, storm drain, paving, curb and gutter, median curb, bus turn -out, striping, traffic control and other appurtenant improvements necessary to complete the intersection and signal modifications. Calle Chagos Calle Chapos from BSR to Walcott Lane: Improvements include grading half right-of-way width plus twelve feet with 2:1 slopes, paving, AC dike, storm drain and other appurtenant improvements necessary to complete Calle Chapos. Long Valley Channel Long Valley Channel from the Westerly RM of BSR to the Easterly Project Boundary: Improvements include grading of channel, flow -by detention basin, construction of drop structures, trapezoidal channel lining, transition structures to Butterfield Stage Road Bridge, rip -rap, grading and paving of access roads, fencing, and other appurtenant improvements necessary to complete Long Valley Channel. Santa Gertrudis Creek Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R/W: Improvements include a flow -by detention basin, headwalls, trapezoidal channel lining and transition structures; grading, fencing and paving for access roads; desilting and detention basins, rip -rap protection, rip -rap dissipaters, berms, grading of exit structure and other appurtenant improvements necessary to complete Santa Gertrudis Creek. Environmental Mitigation Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements: Creation of 8.2 acres of habitat within open space to include grading, access road, electrical service, irrigation, plant and seed installation and other appurtenant improvements necessary to complete resource agency conditioned environmental mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements. 8. Sports Park Sports Park at the SE corner of the intersection of North Loop Road and Butterfield Stage Road: Construct 203-acre Sports Park including grading, parking, building, lighting landscaping, irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of five (5) years or more and other appurtenant improvements necessary to complete the Sports Park. 9. Fire Station Site Grading Roripaugh Ranch Fire Station site grading Improvements include site grading and other appurtenant improvements necessary to provide a rough graded fire station site. 10. North Loop Road North Loop Road from BSR to Gate House East of BSR (Public Section only): Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, North Loop Road Bridge and other appurtenant improvements necessary to complete the public segment of the North Loop Road East of BSR. 11. South Loop Road South Loop Road from BSR to Gate House East of BSR (Public Section only): Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete the public segment of the South Loop Road East of BSR. 12. Roripaugh Valley Road (A Street) Roripaugh Valley Road Grading and Street Improvements from Murrieta Hot Springs Road to Butterfield Stage Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete Roripaugh Valley Road between Murrieta Hot Springs Road and Butterfield Stage Road. GQc? 13. Fiesta Ranch Road ( B Street) Fiesta Ranch Road Grading and Street Improvements from Roripaugh Valley Road to Nicolas Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete Fiesta Ranch Road between Roripaugh Valley Road and Nicolas Road. 14. Fire Station and Fire Apparatus Fire Station Construction and Fire Truck Purchase: Improvements include the acquisition of land for and construction of a fire station to be located at the Southeast corner of Butterfield Stage Road and the South Loop Road, and to consist of a building of approximately 9,100 square feet. Also, the equipping of the fire station, including furniture and fixtures, and the acquisition of a fire truck and other fire fighting apparatus. 15. Neighborhood Park Neighborhood Park at the SW corner of the intersection of Murrieta Hot Springs Road and Roripaugh Valley Road (A Street): Construct 5.1-acre Neighborhood Park including grading, parking, restroom building, lighting, landscaping, irrigation, open grass area, basketball court, children's play area, equipment with a useful life of five (5) years or more and other appurtenant improvements necessary to complete the Neighborhood Park. PRIOR LIEN The District may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No. 161 on the real property within the District. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the District and any bonded indebtedness of the District. 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City or any related entity, or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the District, for facilities, fees or other purposes or costs of the District on TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH RANCH) A Special Tax shall be levied and collected on all Taxable Property located within the boundaries of CID No. 03-02 Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02"). The amount of Special Tax to be levied in each Fiscal Year on a Parcel in CFD No. 03-02, commencing with Fiscal Year 2005-2006, shall be determined by the CID Administrator through the application of the procedures described below. All of the real property in CFD No. 03-02, unless exempted by law or the provisions herein, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS In addition to the capitalized terms set forth in the preceding paragraph, capitalized terms used in this Section A shall have the following meanings: "Acre" means 43,560 square feet of land. The Acres for a Parcel means the land area of the Parcel as shown on or determined from the applicable Assessors Parcel Map. Notwithstanding the foregoing, the Acres attributable to each Parcel of Residential Property that is (i) located in a Final Map and (ii) an individual single-family home lot or Condominium shall be computed by the CID Administrator by dividing the sum of the land area for all such Parcels of Residential Property in the Final Map by the number of such Parcels. The Acres for any leasehold or possessory interest shall be the Acres for the Parcel which corresponds to such leasehold or possessory interest. "Acreage Special Tax" means the special tax set forth in Section C.2 below. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 03-02, including but not limited to the following: (i) the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CID Administrator or designee thereof, or both); (ii) the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); (iii) the costs of remitting the Special Taxes to the fiscal agent or trustee for any Bonds; (iv) the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; (v) the costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; (vi) the costs of the Authority, City, or designee of complying with arbitrage rebate and disclosure requirements of applicable federal and State of California securities laws, the Act, and the California Government Code, including property owner or Bond owner inquiries regarding the Special CID No. 03-02 Page 1 of 12 August 17, 2004 Taxes; (vii) the costs associated with the release of funds from any escrow account; (viii) the costs of the Authority, City, or designee related to any appeal of a Special Tax; and (ix) an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of CFD No. 03-02. "Assessor" means the County Assessor of the County of Riverside. "Assessor's Parcel Map" means an official map of the Assessor designating parcels of land or Condominium units by number. "Authority" means the Temecula Public Financing Authority. "Board of Directors" means Board of Directors of the Authority, acting as the legislative body of CFD No. 03-02. "Bonds" means any bonds or other indebtedness (as defined in the Act), whether in one or more series, the repayment of which is secured by the levy of Special Taxes on Parcels within CFD No. 03-02. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of Special Taxes. "City" means the City of Temecula, California. "Condominium" means a residential dwelling unit meeting the statutory definition of a condominium contained in the California Civil Code, Section 1351, and for which a condominium plan has been recorded pursuant to California Civil Code, Section 1352. "County" means the County of Riverside, California. "Developed Property" means all Parcels of Taxable Property, for which a Final Map was recorded as of the January 1 and a building permit for new construction was issued as of the April 1 preceding the Fiscal Year in which the Special Tax is being levied, exclusive of Property Owner's Association Property and Public Property. "Dwelling Unit Special Tax" means the special tax set forth in Section C.1 below. "Exempt Property" means any Parcel located within the boundaries of CFD No. 03-02 which is exempt from the Special Tax pursuant to law or Section E below. "Final Map" means a subdivision of property by recordation of a (i) final map or parcel map approved by the City pursuant to the Subdivision Map Act (California Government Code CFD No. 03-02 Page 2 of 12 August 17, 2004 Section 66410 et seq.), (ii) lot line adjustment approved by the City, or (iii) condominium plan pursuant to California Civil Code 1352. "Fiscal Year" means the period starting on each July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use " means the land use set forth in the Land Use Plan. "Land Use Plan" means the approved land use plan for the Specific Plan. "Lot" means (i) any lot within a Final Map that is located at least partially within the boundaries of CFD No. 03-02 or (ii) any land within the boundaries of CID No. 03-02 that is conveyed, dedicated, or otherwise acquired by or irrevocably offered to the federal government, the State of California, the County, the City, or any local government or other governmental agency. "Maximum Special Tax" means the maximum special tax, determined in accordance with Section C, that can be levied in any Fiscal Year on any Parcel. "Non -Residential Property" means all Parcels of Taxable Property which are not classified as Residential Property, Property Owners Association Property, or Public Property. "Parcel" means a parcel (i) which is located at least partially within the boundaries of CFD No. 03-02 and (ii) to which an Assessor's parcel number is assigned as shown on an Assessor's Parcel Map. "Planning Area" means those planning areas designated by number on the Land Use Plan. "Property Owner's Association Property" means (i) any Parcel for which the owner of record, as determined from the County Assessor's secured tax roll for the Fiscal Year in which the Special Tax is being levied, is a property owner's association, including any master or sub -association, (ii) any Lot located in a Final Map that was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Map, is or will be open space, a private park or recreation facility, or a private street owned by a property owner's association, (iii) any Lot within a Final Map that is located within the boundaries of CFD No. 03-02 and was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and any Parcel for which the Land Use is private mini park or private recreation center, or (iv) any Lot or Parcel which, as of the April 1 preceding the Fiscal Year for which the Special Tax is being levied, has been conveyed, irrevocably dedicated, or irrevocably offered to a property owner's association, including any master or sub -association, provided such conveyance, dedication, CFD No. 03-02 Page 3 of 12 August 17, 2004 or offer is submitted to the CFD Administrator prior to the May 1 preceding the Fiscal Year for which the Special Tax is being levied. "Proportionately" means that with respect to a given classification of property the ratio of the Special Tax to the Dwelling Unit Special Tax or Acreage Special Tax, as applicable, is the same for all Parcels assigned to such classification. For example, levying the Special Tax Proportionately on Parcels of Developed Residential Property means that for all such Parcels the ratio of the Special Tax to the Dwelling Unit Special Tax is the same. "Public Property" means (i) any Parcel for which the owner of record, as determined from the County Assessor's secured tax roll for the Fiscal Year in which the Special Tax is being levied, is the federal government, the State of California, the County, the City, or any local government or other governmental agency, (ii) any property within a Final Map that is located within the boundaries of CFD No. 03-02 and was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and which, as determined from such Final Map, is or will be a public street, (iii) any Lot within a Final Map that is located within the boundaries of CFD No. 03-02 and was recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and any Parcel for which the Land Use is neighborhood park, sports park, educational, public institutional, habitat, flood control, or landscape slope, unless such Lot or Parcel has an underlying residential land use and the applicable public entity has provided notice to the City that it will not acquire or otherwise take ownership of the Parcel, or (iv) any Lot or Parcel which, as of the April 1 preceding the Fiscal Year for which the Special Tax is being levied, has been conveyed, irrevocably dedicated to, or irrevocably offered to the federal government, the State of California, the County, the City, or any local government or other governmental agency, provided such conveyance, dedication, or offer is submitted to the CFD Administrator prior to the May 1 preceding the Fiscal Year for which the Special Tax is being levied. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area as determined from the applicable building permit(s) issued for such structure as of the April 1 preceding the Fiscal Year in which the Special Tax is being levied. Such determination shall be final following the final inspection or certification of occupancy for the dwelling unit(s). "Residential Property" means all Parcels of Taxable Property, exclusive of Property Owners Association Property and Public Property, designated with a residential Land Use. "Special Tax" means the Special Tax levied in each Fiscal Year on each Parcel. "Special Tax Requirement" means (a) that amount with respect to CFD No. 03-02 required in any Fiscal Year to pay (i) for annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including, but not limited to, the costs of remarketing, credit enhancement, and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in CFD No. 03-02 Page 4 of 12 August 17, 2004 lieu of cash related to any such Bonds) and rebate payments; (iii) the Administrative Expenses; (iv) any reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year or otherwise reasonably expected; (v) any amounts required to establish or replenish any reserve funds established for the Bonds, and less (b) available funds as directed under the Indenture. "Specific Plan" means the Roripaugh Ranch Specific Plan (City of Temecula Resolution 02-112, Ordinance 02-13), as amended. "Taxable Property" means all Parcels which are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Property Owner's Association Property" means all Parcels of Property Owner's Association Property which are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Public Property" means all Parcels of Public Property which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Parcels of Taxable Property which are not classified as Developed Property, exclusive of Property Owners Association Property and Public Property. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with Fiscal Year 2005-2006, all Parcels shall be classified as either Taxable Property or Exempt Property. Taxable Property shall be further classified as Residential Property, Non -Residential Property, Taxable Property Owner's Association Property, or Taxable Public Property. Residential Property and Non -Residential Property shall be further classified as Developed Property and Undeveloped Property (hereinafter referred to as "Developed Residential Property," "Developed Non -Residential Property," "Undeveloped Residential Property," or "Undeveloped Non -Residential Property"). For purposes of determining the applicable Dwelling Unit Special Tax, Developed Residential Property shall be assigned to classifications one through fifteen in Table 1 below based on Residential Floor Area. If a Parcel consists of two or more Lots located in a Final Map that was recorded as of the January 1 preceding the Fiscal Year for which the Special Tax is being levied, each such Lot shall be treated as a Parcel and classified independently of the other; however, the aggregate Special Tax for the Lots will be levied on the Parcel. C. MAXIMUM SPECIAL TAX RATE The Maximum Special Tax for each Parcel of Developed Residential Property shall be the greater of the applicable Dwelling Unit Special Tax or Acreage Special Tax. If there are two or more residential dwelling units located on a Parcel, the applicable Dwelling Unit Special CID No. 03-02 Page 5 of 12 August 17, 2004 Tax for such Parcel shall be the sum of the Dwelling Unit Special Tax for each such residential dwelling unit. The Maximum Special Tax for each Parcel of Undeveloped Residential Property, Non -Residential Property, Taxable Property Owners Association Property, and Taxable Public Property shall be the applicable Acreage Special Tax. 1. Dwelling Unit Special Tax The Dwelling Unit Special Tax rates are shown in Table 1 below. �r IF- 1 3 • ] Residential 1- 400. 1 000 •1 13 • - 1>2,200 . • , 14 Residential • - - 1 1 we� unit CFD No. 03-02 Page 6 of 12 August 17, 2004 2. Acreage Special Tax The Acreage Special Tax rates are shown in Table 2 below. Developed and Undeveloped Residential Property Low Density (L) $5,620 Per Acre Low Medium Density (LM) $17,665 Per Acre Medium Density Standard (M1) $17,665 Per Acre Medium Density Clustered (M2) $17,665 Per Acre Developed and Undeveloped Non -Residential Property (NC) $8,247 Per Acre Taxable Property Owner's Association Property $17,665 Per Acre Taxable Public Property $17,665 Per Acre Notwithstanding the above, if at any time subsequent to the issuance of Bonds the Land Use Plan is amended or the zoning or configuration of the Planning Areas is otherwise amended, the CFD Administrator shall determine if the Acreage Special Taxes that may thereafter be levied are less than the sum of estimated Administrative Expenses and one hundred ten percent (110%) of the maximum annual debt service for outstanding Bonds. If the amended Land Use Plan, zoning, and/or Planning Area configuration has resulted in such a reduction, then the Acreage Special Tax for each Parcel to which such amendments apply shall be computed using the Acreage Special Tax rate(s) previously applicable to such Parcel. If the previous Land Use for any portion of a Parcel to which the amended Land Use Plan, zoning, and/or Planning Area configuration applies was not low density (L), low medium density (LM), medium density standard (Ml), medium density clustered (M2), or neighborhood commercial (NC) then the applicable Acreage Special Tax rate shall be $17,665. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property to fund the Special Tax Requirement as follows: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property, up to 100% of the applicable Dwelling Unit Special Tax in the case of Developed Residential Property and up to 100% of the applicable Acreage Special Tax in the case of Developed Non -Residential Property; CFD No. 03-02 Page 7 of 12 August 17, 2004 E. Second: If additional Special Taxes are needed after the first step, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property, up to 100% of the applicable Acreage Special Tax; Third: If additional Special Taxes are needed after the second step, the Special Tax for Parcels of Developed Property for which the Maximum Special Tax is derived from the applicable Acreage Special Tax shall be increased equally, measured on a percentage basis, from the amounts levied under the preceding Step 1 up to 100% of the applicable Acreage Special Tax (i.e., the percentage increase shall be equal for all applicable Parcels, until the Maximum Special Tax is reached); and Fourth: If additional Special Taxes are needed after the third step, the Special Tax shall be levied Proportionately on each Parcel of Taxable Property Owners Association Property and Taxable Public Property up to the applicable Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Parcel or Parcels within CFD No. 03-02 by more than ten percent (10%) per Fiscal Year. In addition, under no circumstances will the Acreage Special Tax be levied against Parcels of Developed Residential Property if the Special Taxes which may be levied pursuant to the first and second steps above are equal to or greater than sum of estimated Administrative Expenses and one hundred ten percent (110%) of the then maximum annual debt service for outstanding Bonds. The Board of Directors shall not levy a Special Tax on up to 511.11 Acres of Property Owner's Association Property and Public Property. If the total number of Acres of Property Owners Association Property and Public Property exceeds 511.11, the chronological order in which such property is classified will determine which Parcels are classified as Exempt Property and which are classified as Taxable Property. If a Lot or Parcel is no longer classified as Property Owner's Association Property or Public Property, its status as Exempt Property will be revoked. The following property shall be classified as Property Owner's Association Property or Public Property, as applicable, at the time CFD No. 03-02 is established and shall count toward the limitation of 511.11 Acres of Property Owners Association Property and Public Property set forth in the preceding paragraph: • Property Owner's Association Property and Public Property: Lots A and B (portion of Murrieta Hot Springs Road), Lot 2 (private mini park), Lot 5 (private recreation center), and Lot 8 (open space) of Tract 29353-1; Lots H and 5 (open space), Lots A through G and M through O (streets), Lots I, J, and K (flood control), Lot L (equestrian trail), Lots 2 and 9 (parks), Lots 10 and I I (school sites), and Lot 12 (fire station) of Tract 29353-2; and the property described in and conveyed to the City CID No. 03-02 Page 8 of 12 August 17, 2004 pursuant to a grant deed dated May 21, 2003 and recorded with the County as Document Number 2003-371374. Subject to Section 53317.5 of the Act, if a Lot or Parcel classified as Developed Residential Property is acquired by a public entity by any means, including by negotiated transaction, gift, devise, or foreclosure, such Lot or Parcel will notwithstanding anything else herein be subject to the Special Tax in accordance with the terms for Developed Residential Property. In addition, if a Parcel of Public Property is leased to a non -governmental entity, then the leasehold or possessory interest, in accordance with Section 53340.1 of the Act, shall be subject to the applicable Acreage Special Tax. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Special Tax may be billed directly and/or may be collected at a different time or in a different manner if necessary or convenient to meet the financial obligations of CID No. 03-02, or as otherwise determined by the CFD Administrator. The foreclosure remedies provided for in the Indenture shall apply upon the nonpayment of the Special Tax. G. REVIEW AND APPEALS Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CID Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CID Administrator deems necessary, and advise the appellant of its determination. If the CID Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. PREPAYMENT OF SPECIAL TAX 1. Full Prepayment— Developed Residential Property, Non -Residential Property, and Taxable Property Owner's Association Property The Maximum Special Tax for any Parcel of Developed Residential Property, Non - Residential Property, or Taxable Property Owners Association Property may be prepaid and permanently satisfied as described herein, provided that a prepayment may be made only if at the time of the prepayment there are no delinquent Special Taxes with respect to such Parcel and all other Parcels which are under the same ownership and located within CFD No. 03-02. An owner of a Parcel intending to CID No. 03-02 Page 9 of 12 August 17, 2004 prepay the Maximum Special Tax shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of such written notice, the CFD Administrator shall notify such owner of the non-refundable deposit determined to cover the cost to be incurred by the CFD No. 03-02 in calculating the prepayment amount. Within 10 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the prepayment amount. Prepayment must be made not less than 60 days prior to any redemption date, unless otherwise authorized by the CFD Administrator, for any Bonds to be redeemed with the prepayment proceeds. The "Full Prepayment Amount" means an amount equal to the sum of (1) Bond Redemption Amount, (2) Redemption Premium, (3) Defeasance Amount, and (4) Fees, less the Reserve Fund Credit, where the terms 'Bond Redemption Amount," "Redemption Premium," 'Defeasance Amount," "Fees," and 'Reserve Fund Credit" have the following meanings: "Bond Redemption Amount" means the principal amount of Bonds to be redeemed and equals the greater of (a) the quotient derived by dividing (i) the applicable Dwelling Unit Special Tax, in the case of Residential Property, or Acreage Special Tax, in the case of Non -Residential Property or Taxable Property Owner's Association Property by (ii) the sum of the aggregate Dwelling Unit Special Taxes (for Residential Property) and Acreage Special Taxes (for Non -Residential Property) for CFD No. 03-02 (and excluding from (ii) any Special Taxes which have been prepaid) or (b) the quotient derived by dividing (iii) the applicable Acreage Special Tax by (iv) the sum of the aggregate Acreage Special Taxes (for Residential Property and Non - Residential Property) for CFD No. 03-02 (and excluding from (iv) any Special Taxes which have been prepaid) in each case multiplied by the principal amount of outstanding Bonds rounded up to the nearest $5,000. The aggregate special taxes under (a) and (b) above means the aggregate special taxes upon completion of the development of CFD No. 03-02. Prior to the completion of the development of CFD No. 03-02, the aggregate special taxes under (a) and (b) above shall be as projected by the CFD Administrator. "Redemption Premium" means the Bond Redemption Amount multiplied by the applicable redemption premium, if any, for the Bonds to be redeemed. "Defeasance Amount" means the amount needed to pay interest on the Bond Redemption Amount until the earliest redemption date for the outstanding Bonds. Credit shall be given for any portion of the Special Tax heretofore paid by the Parcel for which the Full Prepayment Amount is being calculated and which will be, but has not yet been, utilized to pay interest and principal on the Bonds. CFD No. 03-02 Page 10 of 12 August 17, 2004 "Fees" equal the fees and expenses of CID No. 03-02 related to the Full Prepayment Amount, including, but not limited to, the costs of computing the Full Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence that the Maximum Special Tax has been prepaid. "Reserve Fund Credit" shall equal the lesser of (i) the reduction in the applicable "Reserve Requirement," as such term is defined in the Indenture, if any, following the redemption of Bonds from proceeds of the Prepayment Amount or (ii) the amount derived by subtracting the new Reserve Requirement in effect after the redemption of Bonds from proceeds of the Full Prepayment Amount from the balance in the "Reserve Fund," as such term is defined in the Indenture, on the prepayment date, but in no event shall such amount be less than zero. The CID Administrator shall remove any portion of the Special Tax which has been enrolled but not paid. With respect to any Parcel that has prepaid the Maximum Special Tax, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Maximum Special Tax and the release of the Special Tax lien on such Parcel, and the obligation of such Parcel to pay the Special Tax shall cease. 2. Partial Prepayment — Developed Property, Non -Residential Property, and Taxable Property Owner's Association Property The Maximum Special Tax for any Parcel of Developed Residential Property, Non - Residential Property, or Taxable Property Owners Association Property may be prepaid in part as described herein, provided that (i) the Bond Redemption Amount must be an integral multiple of $5,000 and (ii) at the time of the prepayment there are no delinquent Special Taxes with respect to such Parcel and all other Parcels which are under the same ownership and located within CFD No. 03-02. The "Partial Prepayment Amount" shall be computed using the methodology in Section H.1 and substituting the portion of the Maximum Special Tax to be prepaid by the Parcel for its Dwelling Unit Special Tax and Acreage Special Tax when determining the Bond Redemption Amount. The owner intending to prepay a portion of the Maximum Special Tax shall notify the CID Administrator in writing of (i) such owner's intent to partially prepay the Maximum Special Tax, (ii) the percentage by which the Maximum Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, and within 10 business days of receipt of such written notice, the CID Administrator shall notify such owner of the non-refundable deposit determined to cover the cost to be incurred by CID No. 03-02 in calculating the amount of the partial prepayment. Within 10 business days of receipt of such non-refundable deposit, the CID Administrator shall notify such owner of the Partial Prepayment CID No. 03-02 Page 11 of 12 August 17, 2004 Amount. Prepayment must be made not less than 60 days prior to any redemption date, unless authorized by the CFD Administrator, for any Bonds to be redeemed with the prepayment proceeds. With respect to any Parcel that has prepaid a portion of the Maximum Special Tax, the CID Administrator shall indicate in the records of CFD No. 03-02 that there has been a partial prepayment of the Maximum Special Tax, the amount of the Maximum Special Tax which has been prepaid, and the amount of the Maximum Special Tax which continue to be levied on such Parcel. The Bond Redemption Amount, Redemption Premium, Defeasance Amount, and Reserve Fund Credit shall be used to pay interest on and redeem Bonds in accordance with the Indenture. Notwithstanding the foregoing, no prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied in CFD No. 03-02 after the proposed prepayment is at least the sum of (i) the estimated Administrative Expenses and (ii) one hundred ten percent (110%) of the annual debt service on the Bonds, taking into account the amount of Bonds to remain outstanding after such prepayment. I. TERM The Maximum Special Tax shall be levied for a period not to exceed 50 Fiscal Years, commencing with Fiscal Year 2005-2006. K:\ChentsMemecula\Rotipaurh Ranch\RMA\CFD 2003-2 RMA 10 FINALAoc CFD No. 03-02 Page 12 of 12 August 17, 2004 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) NOTICE OF PUBLIC HEARING Notice is hereby given that on August 24, 2004, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Therein — Roripaugh Ranch 03- 02." Pursuant to the Mello -Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there has been submitted to this Board of Directors Petitions (Including Waivers) of the owners of real property in the Roripaugh Ranch development within the City of Temecula (collectively, the "Petitions'), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District'); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petitions to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map C-1 of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The types of public facilities (the "Facilities") proposed to be eligible for funding by the District and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Prior Lien," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the County of Riverside, the Riverside County Flood Control and Water Conservation District, the Temecula Community Services District, the Eastern Municipal Water District, the California Department of Transportation, and with any other public entity that will own and/or operate any of the Facilities, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause one or more series of bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $55,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise C-2 impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes for the District or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax in the District shall be subject to the approval of the qualified electors at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the facilities, the elimination of the Prior Lien, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study the proposed Facilities for the District and the Prior Lien and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities eligible to be funded by the District and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, September 28, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax with the District. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. C-3 Section 13. The firms of Fieldman, Rolapp & Associates, David Taussig & Associates, Inc., Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. On November 26, 2002, the City Council of the City of Temecula approved the Roripaugh Ranch Project and specifically adopted Resolution No. 02-111 making certain findings with respect to the approval and certification of an Environmental Impact Report for the Project ("Roripaugh Ranch EIR"). All of the public improvements which are to be funded by the District were described, evaluated and studied as part of the Roripaugh Ranch EIR and Council Resolution No. 02-111. No significant changes have occurred with respect to the project or the environment which require further study or which render invalid the conclusions and findings of the Roripaugh Ranch EIR. No facts exist upon which any findings pursuant to Sections 15162, 15263 or 15265 of the State CEQA Guidelines could be based to require the preparation of a subsequent EIR, supplemental EIR or addendum to an EIR. Therefore, the Board of Directors hereby determines that the contemplated formation of a community facilities district and the issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project' as defined in Section 15378 off the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, and the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 15. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work -in -kind from one or more landowners in the District or related entities, which advances may be repaid and work -in -kind may be reimbursed to the person or entity which advanced the funds or work -in -kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities to be funded, the prior lien to be eliminated, and the rate and method of apportionment of the special taxes for, the district are on file in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public hearing required under the Law are Tuesday, September 28, 2004, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the funding by the District of the specified types of facilities or the elimination of the prior lien will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the C-4 registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the District and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the District or levy the special taxes in the District for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the funding of a type or types of facilities, or the elimination of the prior lien on property in the district, or against levying a specified special tax in the District, those types of facilities, the elimination of the prior lien or the specified special tax will be eliminated from the proceedings to form the District. E. The proposed voting procedure shall be by special mail or hand -delivered ballot to the property owners within the territory proposed to be included in the district. Dated: September _, 2004 /s/ Susan W. Jones, CIVIC Secretary, Temecula Public Financing Authority C-5 RESOLUTION NO. TPFA 04-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein — Roripaugh Ranch 03-02," stating its intention to form a community facilities district pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing a portion of the costs of certain public improvements (the "Facilities"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the portion of costs of the Facilities and the elimination of the Prior Lien to be funded by the District (as defined below) to be not in excess of $47,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness for the District in the amount of not to exceed $55,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District') in the amount of not to exceed $55,000,000 to finance a portion of the costs of the Facilities, and the costs of eliminating the Prior Lien. Section 2. The bonded indebtedness described in Section 1 is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities, and the financing of the costs of eliminating the Prior Lien, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of one or more series of the bonds in the maximum aggregate principal amount of $55,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, September 28, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue for the District and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 24th day of August, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 24th day of August, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 04-02 (RORIPAUGH RANCH) NOTICE OF PUBLIC HEARING Notice is hereby given that on August 24, 2004, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)." Pursuant to the Mello -Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein — Roripaugh Ranch 03-02," stating its intention to form a community facilities district pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing a portion of the costs of certain public improvements (the "Facilities'), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the portion of costs of the Facilities and the elimination of the Prior Lien to be funded by the District (as defined below) to be not in excess of $47,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness for the District in the amount of not to exceed $55,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 03- 02 (Roripaugh Ranch) (the "District') in the amount of not to exceed $55,000,000 to finance a portion of the costs of the Facilities, and the costs of eliminating the Prior Lien. Section 2. The bonded indebtedness described in Section 1 is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities, and the financing of the costs of eliminating the Prior Lien, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. A-1 Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of one or more series of the bonds in the maximum aggregate principal amount of $55,000,000, bearing interest payable semi- annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, September 28, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue for the District and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in the Resolution. C. At that time and place any person interested, including persons owning property in the proposed community facilities district, will be heard upon the proposed debt issues. Dated: September_, 2004 /s/ Susan W. Jones, CIVIC Secretary, Temecula Public Financing Authority /_V ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FIN N CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Co7il FROM: Debbie Ubnoske�irector of Planning DATE: August 24, 2004 SUBJECT: Appointment of City Council Sub -Committee for the Temecula Hospital RECOMMENDATION: Appoint a City Council Sub -Committee to work with staff on the Temecula Hospital project. This request is on the Council agenda at the request of Mayor Naggar. BACKGROUND: The Temecula Hospital project is currently under review by the City. As this is a high priority and important project for the City, staff is requesting the assistance of a Council Sub -Committee to work with staff and the hospital representative to ensure that the project moves through the City in a timely manner. FISCAL IMPACT: NSA ATTACHMENTS: None R:\DEBBIE\STAFFRPT\Hospital subcommittee staff report.doc 1 DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINj CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police�`)� DATE: August 24, 2004 U SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during July 2004. The Police Department responded to 40 "priority one" calls for service during the month of July, with an average response time of approximately 6.4 minutes. A total of 5,185 calls for police service were generated in the City of Temecula during the month. During July, the Temecula Police Department's Old Town Storefront served a total of 297 customers. Sixty sets of fingerprints were taken, 33 people filed police reports and 20 people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community -oriented programs during the month. He also coordinated requests for patrol ride-alongs and conducted police station tours. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During July, the POP Teams continued their problem oriented policing approach of areas within the community and made five felony and 14 misdemeanor arrests for various crimes, including grand theft. The function of the POP Teams is to address situations that typically require extended enforcement action or certain expertise in order to solve an on -going problem within a neighborhood. The POP Teams also continued working with the homeless by assisting them in relocation efforts whenever possible and appropriate. The POP Teams stepped up enforcement again in the area of Sam Hicks Park, which has been the site for a number of homeless related complaints by the public. The traffic team reported that during the month of July there were 1136 citations issued for hazardous violations, 84 citations were issued for non -hazardous violations and 94 parking citations were issued. During the month there were nine injury traffic collisions, 35 non -injury collisions were reported and 17 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 73 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP (Stop Light Abuse Program) resulted in at least 301 citations being issued. Monthly Departmental Report— Police Department During the month of July, the POP officers assigned to the Promenade Mall handled a total of 34 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on -sight activity resulted in the criminal arrest and filings on two felony and eight misdemeanor cases. Officers Joyner and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There was only one vehicle theft and one vehicle burglary reported during the month of July at the mall. The YAT program (Youth Accountability Team) continues to be a success in part through its Youth Court program. The YAT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the program. Officer Medeiros also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of July. Officer Medeiros is currently carrying a caseload of about 30 at -risk juveniles. During the month of July, the Special Enforcement Team (SET Team), consisting of Officers Jeff Fisher and James Kaffka, continued their narcotic enforcement efforts. Officers Fisher and Kaffka made two felony and one misdemeanor arrest for various crimes, including narcotic violations. The SET Team was responsible for the recovery of more than 84 grams of marijuana and quantities of methamphetamine during July. The SET Team also wrote and served a search warrant within the City of Temecula during July. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Lori Callahan and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 491 hours of service in July. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 142 hours of service to the community during the month of July. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 142 hours specifically on patrol in Temecula during July. The Temecula Citizen Corps Program continued to make good progress during the month of July. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at Station 84. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Almost all of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. Recruitment continues and the organization's administrative and operational policies have been formalized and distributed. The TCC continues to develop nicely, with more than 125 registered volunteers, boosted recruitment and training efforts. Monthly Departmental Report — Police Department 2 The Temecula Police Department was once again involved in the planning and operations of the 4th of July Parade and the 4th of July Fireworks Show. The 4th of July fell on a Sunday this year, and the parade was scheduled for the afternoon hours instead of the usual morning start time. In spite of the heat, the crowds seemed enthusiastic and the parade progressed without incident. The same can be said for the 4th of July Fireworks Show, which took place again at the Community Recreation Center. Good-sized, but friendly crowds were the order at this event, which also was completed without incident from the police perspective. The challenge for the police department for this particular event is how to manage the traffic flow in and out of the area of the CRC, and how to best allow for quick departure from the area for the thousands of people who attend this event. The traffic plan for this event has been honed over the years, and this year the whole crowd was dispersed within about 45 minutes of the conclusion of the fireworks. That's quite an accomplishment, considering the many thousands of cars and pedestrians that are involved. Monthly Departmental Report— Police Department APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Xtirector 0 ncil FROM: Debbie Ubnosof Planning DATE: August 24, 2004 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department. CURRENT PLANNING ACTIVITIES New Cases The Division received 61 new applications for administrative, other minor cases, and home occupations and 8 applications for public hearings during the month of July. The new public hearing cases are as follows: DEVELOPMENT PLAN 2 MINOR CONDITIONAL USE PERMITS 3 CERTIFICATE OF COMPLIANCE 1 CHANGE OF ZONE 1 EIR 1 Status of Major Projects Recently Approved Projects U Stor It — An Administrative Development Plan to establish a self -storage facility within an existing 109,500 square foot commercial building on 6.74 acres located at 28401 Rancho California Road. The applicant submitted plans on March 31, 2004. A DRC meeting was held on April 29, 2004. Staff administratively approved the application on July 8, 2004. (PA04-0233 — FISK) Schafer Building — A Development Plan to construct an 8,000 square foot office building on .98 acres located on the west side of Margarita Road, approximately 1000 feet north of Overland Drive. The project was submitted on February 24, 2004. A DRC meeting was held April 1, 2004. The Planning Commission approved this project on July 7, 2004. (PA04 - 0112 — LONG) RAMONTHLY.RPT2004\7-2004 Report.doc • Hillcrest Academy — A Conditional Use Permit/Development Plan to construct a new 13,777 square foot classroom, administrative offices and multi -purpose room at 29275 Santiago Road. The project was submitted on March 5, 2004. A letter was sent to the applicant on April 9, 2004. The applicant resubmitted plans on April 30, 2004. The project was approved by the Planning Commission on June 2, 2004. (PA04-0152 — LONG) • Chaparral Map — A Tentative Parcel Map with waiver to consolidate and parcelize lots totaling 2.42 acres to follow existing building, parking lot and street divisions of the existing parcels. This application was submitted on February 23, 2004. A letter was mailed to the applicant on May 5, 2004 explaining resubmittal requirements. The application was resubmitted on June 4, 2004. Approved at the Director's Hearing on July 29, 2004. (PA04-0109 & PA04-0110-KITZEROW) Wolf Creek Planning Area 6 — An application for a Home Product Review for 127 detached single-family residences within Planning Area 6 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on January 7, 2004. A DRC meeting was held on February 12, 2004. Staff is currently reviewing revised plans. This item was approved at the July 22, 2004 Director's Hearing. (PA04-0006 — KITZEROW) • Wolf Creek Planning Area 1 — An application for a Home Product Review for 121 detached single-family residences within Planning Area 1 of the Wolf Creek Specific Plan. The project was re -submitted by Woodside Homes on March 10, 2004. Staff has provided comments to the applicant. The item was approved at the July 22, 2004 Director's Hearing. (PA04-0018 — KITZEROW) • Gosch Towing — A Minor Conditional Use Permit for the operation of a police impound yard located at 27495 Diaz Road. The applicant is currently operating under a Temporary Use Permit. Staff is currently working with the applicant to obtain proper public noticing. The project was approved at the August 5, 2004 Director's Hearing. (PA04-0013 — FISK) Merit Moving Systems — A Development Plan to construct 37,970 square foot storage and warehouse facility on 2.02 acres located on the north side of Winchester Road, approximately 1,838 feet west of Diaz Road. Project was submitted on February 23, 2004. A DRC was held on April 1, 2004. A letter was sent on April 2, 2004 summarizing DRC comments. The applicant resubmitted plans on April 6, 2004. The Riverside County Geologist is currently reviewing the Geotechnical Report, which must be complete prior to scheduling of a Public Hearing. This project was approved at the Planning Commission on August 4, 2004... (PA04-0111 — LONG) • Lamb of Life Church — A Minor Conditional Use Permit to establish a church facility at 32824 Wolf Store Road, Suite B. The project was submitted on April 12, 2004. A DRC was held on May 20, 2004. A comment letter was sent on May 24, 2004. A Director's Hearing was held on July 15, 2004 and was continued to July 22, to resolve parking issues. The Director approved this project on July 22, 2004. (PA04-0255 — LONG) Calvary Baptist Church Addition — A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi -purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicolas Road. A second DRC was held September 18, 2003. Revised plans were submitted on February 12, 2004. A DRC Meeting was held on March 11, 2004. Revised plans were RAM0NTHLY.RPT2004\7-2004 Report.doc submitted the first week of June. The application was approved at the August 4, 2004 Planning Commission meeting. (PA02-0661 — HARRIS) • Stellar's Cellar LLC A request for Public Necessity and Convenience to allow a wine tasting facility located at 2836 Front Street in Old Town. The Planning Commission made the appropriate findings on August 4, 2004. (PA04-0442 LONG) Projects Under Review Commercial Cingular Wireless — A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of a 45-foot artificial mono -palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in order to complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and has completed an initial study. Staff is currently preparing a staff report and conditions of approval. The project was approved at the April 21, 2004 Planning Commission Hearing. An appeal of the approval was filed by Valesta Ayer on May 5, 2004. Staff anticipates that the appeal will be scheduled for the September28, 2004 City Council meeting. (PA02-0717 —FISK) Palmilla Plaza Medical Office Building — A Development Plan to construct a single -story speculative medical office building on a .72-acre site, located at 29748 Rancho California Road within the existing Palmilla Plaza. The application was submitted on August 20, 2003. A DRC meeting was held on September 18, 2003. The applicant submitted revised plans on February 10, 2004. A second DRC Meeting was held on March 11, 2004. Revised plans were submitted on June 28`h. The item was approved by the Planning Director at the July 15, 2004 Director's Hearing. (PA03-0464 — HARRIS) • Butterfield Square —A Development Plan to redevelop Butterfield Square in Old Town, resulting in four two-story buildings totaling 22,048 square feet on 0.56 acres located on the southeast corner of Old Town Front Street and Third Street. The Applicant submitted plans on March 31, 2004. A DRC meeting was held on June 10, 2004. A DRC letter was sent to the applicant on July 13, 2004 and staff is currently awaiting submittal of revised plans. (PA04-0231 — FISK) Meadows Village — A Development Plan, Vesting Tentative Parcel Map and two Conditional Use Permits (drive-thru and alcoholic beverage sales) to construct an 80,677 square foot commercial center consisting of seven buildings on 9.77 acres located on the southeast corner of Meadows Parkway and Rancho California Road. The applicant submitted plans on March 22, 2004 and staff is currently reviewing the proposed project. A neighborhood meeting was held on June 3, 2004. A DRC meeting was held on July 8, 2004 and a DRC letter was sent to the applicant on July 13, 2004. Revised plans were submitted on July 22, 2004, and staff is currently reviewing the plans. (PA04-0200, PA04-0201, PA04-0202, and PA04-0203 — FISK) • Church of Jesus Christ of Latter Day Saints — An appeal of an approved Conditional Use Permit/Development Plan was filed by the "Homeowners of Temecula" on June 2, 2004.The approval will permit the applicant to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. The project was approved by the Planning Commission at the May RAMONTHLY.RPT\2004\7-2004 Report.doc 191" Planning Commission hearing. The appeal is tentatively scheduled to be heard by the City Council on September 14, 2004. (PA03-027 — HARRIS) Creekside Plaza Circle K/Unocal — An Administrative Development Plan to construct, establish and operate a service station, full service car wash and retail store within the Creekside Plaza Shopping Center. The subject property is located at the southeast corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 31, 2004. The DRC meeting was held on June 3, 2004. The applicant requested another meeting to further discuss plan revisions. The meeting was held on June 16, 2004. The DRC letter was sent on June 17, 2004. Applicant resubmitted on August 6, 2004. Comments are due August 23, 2004. Staff is currently reviewing the application. The iteration of comments was sent out on August 5, 2004. Staff is currently waiting for resubmittal. (PA04 - 0232 — CLARY) Creekside Plaza Pads 4 & 5—An Administrative Development Plan to construct, establish and operate two commercial buildings of 5,600 and 9,600 square feet respectively. The subject site is located at the southwest corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 12, 2004. The DRC meeting was held on June 3, 2004. The DRC comment letter was sent out on June 9, 2004 Applicant submitted revised plans on July 2, 2004. Staff is currently reviewing them. (PA04 - 0170 — CLARY) Roripaugh Town Center —A Specific Plan Amendment, General Plan Amendment, Conditional Use Permit and a Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. The project was resubmitted on November 12, 2003. Staff has reviewed the revised plans and at this time, the applicant has not complied with most of staff's initial comments, including: site layout, elevations, and pedestrian circulation. A Planning Commission subcommittee and Staff met with the applicant on March 29, 2004 to discuss the project. Staff sent a letter to the applicant on April 6, 2004, summarizing the issue's raised at the March 29, 2004 meeting. The applicant resubmitted plans on June 16, 2004. A DRC was held on July 22, 2004. Staff is currently waiting for revised plans as of August 10, 2004.(PA02-0364 — LONG) • Margarita Square — a Development Plan to construct an 11,274 square foot commercial building on 1.60 acres located at the northeast corner of Highway 79 South and Margarita Road. The applicant resubmitted plans on August 2, 2004 and staff is finalizing its recommendation on the project. (PA04 — 0190 - PETERS) Creekside Plaza — An Administrative Development Plan to construct, establish and operate a 2,260 square foot drive-thru restaurant on .69 acres. The subject property is located at the southeast corner of Highway 79 and Pechanga Parkway. The project was submitted on January 29, 2004. The third resubmittal packet was submitted on August 6, 2004. Comments from affected Departments are due August 23, 2004. (PA04 - 0057 — HARRIS) Exxon — A request for a Minor Conditional Use Permit for the sale of beer and wine from an existing building located at 4520 Bedford Court. The application was submitted on October 23, 2003. Staff initially requested that the applicant withdraw the application due to the project site's proximity to a church on La Paz Street. Subsequent to this, staff changed the department policy for measuring distance requirements. The project is scheduled for the August 18, 2004 Planning Commission hearing. (PA03-0609 — FISK) RAMONTHLY.RPT\2004\7-2004 Report.doc St. Thomas Episcopal Church — A Development Plan /Conditional Use Permit for a 16,983 square foot sanctuaryand a 12,768 square foot parish hall with daycare on 3.74 acres, located at 29132 Avendia de Missiones. This application was submitted on June 4, 2004. A DRC meeting is scheduled for August 12, 2004. (PA04-0394 — FISK) • Big Horse Feed — A Development Plan to construct an 8,000 square foot shade structure/hay barn located at 33320 Highway 79S. A DRC was held on April 8, 2004. Planning staff has approved the project, however building permits cannot be issued until the Fire Department process a proposed amendment to the fire code exempting agricultural buildings from the requirement to sprinkler the structure. (PA 04-0090 — PAPP) Regency Commercial — A Development Plan for a 12,407 square foot multi -tenant commercial building on 1.87 acres, located at 42079 Roick Drive. This application was submitted on July 1, 2003. A DRC meeting was held on July 31, 2003 and a letter was sent to the applicant on August 4, 2003. Staff received no response from the applicant and a follow up letter was sent to the applicant on September 2, 2003. On May 4, 2004 staff contacted the applicant via telephone and was told that a new architect was hired and a resubmittal was forthcoming. Staff is still awaiting resubmittal. Mailed a follow-up letter to the applicant on June 4, 2004. (PA03-0359 — KITZEROW) • La-Z-Boy — A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres at the corner of North General Kearney and Margarita Road. (APN 910-130-088). A DRC meeting was held August 5, 2004. Staff is waiting for revised plans. (PA04-0456 — PETERS) Moreno Road Office Building - A Development Plan to construct a two — story 7,000 square foot office building on .76 acres, located at 41919 Moreno Road. The application was submitted on July 12, 2004. The item has been scheduled for the August 19, 2004 DRC meeting. (PA04- 0470 HARRIS) Pauba Road Offices — A Development Plan to construct 2 two story office buildings totaling 18,237 square feet located at Pauba Road and Margarita Road. The office buildings will be used for retail and office space. (PA04-0476 — DAMKO) Subdivisions • Gallatin Parcel Map —A request to subdivide 2.89 acres into three lots with a minimum lot size of .92 acres located on the northeast corner of Margarita Road and DePortola Road. Gallatin Dental Group submitted the project on February 3, 2004. The project went to DRC on March 11, 2004. The project was resubmitted on August 3, 2004. Staff is currently awaiting the revised plans. (PA04-0074 — LONG) Seraphina Tract Map 32346 — A request to subdivide 28.6 acres into 67 lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road. The project was submitted on March 16, 2004. The DRC letter was sent on April 20, 2004. The applicant submitted a draft plot plan via email for staff's review on June 2, 2004. Staff reviewed draft plot plan and sent comments via email on June 15, 2004. Applicant resubmitted on July 20, 2004. Staff is currently reviewing the application. Pre-DRC is scheduled for August 10, 2004. (PA 04-0178- DAMKO) • W inCo Foods — A request for a Conditional Use Permit and findings of Public Convenience or Necessity for the sale of beer, wine and spirits from an existing building located at 40435 Winchester Road. (Old Costco building). The application was submitted on April 23, 2004 and RAMONTHLY.RPT\2004\7-2004 Report.doc staff is currently reviewing the application. Staff expects to schedule the application for the September 1, 2004 Planning Commission hearing. (PA04-0299 — FISK) Ridge Park Office TPM — A Tentative Parcel Map to subdivide a 4.88 acre parcel into three parcels with a minimum lot size of 1.52 acres, located on Ride Park Drive, south of Ridgegate Drive. A Development Plan for 3 office buildings was recently approved for this site and the proposed Parcel Map is for financing purposes. The application was submitted on May 27, 2004. A DRC letter was mailed on June 25, 2004. Staff is awaiting resubmittal. (PA04-0374 — KITZEROW) • Wolf Creek PA 16 —A Tentative Subdivision Map to subdivide 4.22 acres into 6 custom hillside lots averaging 30,000 square feet. The application was submitted on May 19, 2004 and a DRC meeting was held on July 1, 2004. A DRC letter was mailed to the applicant on July 6, 2004 and staff is awaiting resubmittal. (PA04-0358/TTM 32319 — KITZEROW) Industrial Roick/Regency Industrial Building —A Development Plan to construct an industrial building with four suites totaling 12,407 square feet on 1.87 acres on the southwest corner of Roick Drive and Winchester Road. James E. Horeca submitted the application for Regency, Inc, on July 1, 2003. A pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Staff was informed by the applicant on December 29, 2003 that there has been a change in architects. Applicant resubmitted on March 11, 2004, but the submittal package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. (PA03-0359 — KITZEROW) Temecula Industrial Park — A Development Plan to construct thirteen single -story office buildings totaling 56,900 square feet on 4.83 acres located on the west side of Business Park Drive, between Rancho Way and Rancho California Road, approximately 1,000 feet north of Rancho California Road. Scott Barone (Lot 11 BPD LLC) submitted the application on December 23, 2003. A DRC Meeting with the applicant was held on January 29, 2004. A DRC letter was sent to the applicant on February 2, 2004. The applicant submitted revised site plans on April 28, 2004, and again on March 29, 2004. A DRC was held July 15, 2004. Staff is waiting for revised plans. (PA03-0728 -PETERS) • Kearny Commerce Center — A Development Plan to construct an 86,175 square foot light industrial building on 5.55 acres located on the north side of Remington Avenue. Project was submitted on May 25, 2004. A DRC meeting was held on June 22, 2004. The DRC letter was sent June 23, 2004. The applicant resubmitted in July without fully addressing staffs comments. The second iteration letter was sent out on August 6, 2004. (PA04-0361 — DAM KO) • Temecula Corporate Heights — Applicant is requesting a sign program for a multi -tenant industrial building at 423010 Zevo Drive, just west of Diaz Road. The DRC letter was sent on May 6, 2004. Applicant submitted on May 22, 2004. Sent 2"d iteration letter on June 8, 2004. The applicant resubmitted on June 29, 2004. Staff sent 2"d iteration comment letter on August 4, 2004. Staff is currently awaiting resubmittal. (PA04-0198 - DAMKO) • Beacon Industrial- A Development Plan requesting a 15,308 square foot multi -tenant light - industrial building. The property is located at 42103 Rio Nedo, just west of Diaz Road. A Pre- DRC meeting was scheduled on May 20, 2004. The DRC letter was sent on May 25, 2004. Applicant has brought in a conceptual revised plan for staff's comment. Staff has commented RAMONTHLY.RPT\2004\7-2004 Reporl.doc on the conceptual plans and is waiting for formal resubmittal. Applicant will be submitting the week of August 9, 2004. (PA04-0149 - DAMKO) CBC Business Center— A Development Plan to construct two multi -tenant industrial buildings (Building A — 75,697 SF / Building B-56,193 SF) on 8.59 acres located on the north side of Remington Avenue, approximately 1,000 feet east of Winchester Road. The applicant submitted plans on March 1, 2004. A DRC meeting took place on May 20, 2004. A letter was mailed to the applicant on May 20, 2004. The application was resubmitted on June 28, 2004 and a letter requesting revisions was mailed to applicant on July 27, 2004. Staff is awaiting revisions. (PA04-0134 - KITZEROW) • Park Place Office: -A Development Plan to construct a 20,416 SF office building located at the southwest corner of Diaz Rd. & Winchester. The applicant submitted plans on July 14, 2004. A DRC meeting is scheduled for August 19, 2004. (PA04-0472 — KITZEROW) Mixed Use Old Town Queen Anne Victorian — A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town Front Street an Fourth Street. A DRC meeting was held on September 11, 2003. Revised plans were submitted on March 1, 2004. The project was reviewed and recommended for approval by the Old Town Local Review Board on April 12, 2004. Revised plans that were to address Public Works comments were submitted on July 28, 2004, and staff is currently reviewing the plans. (PA03-0447 — FISK) Temecula Creek Village —A zone change application to amend the text only of PDO-4 to change the schedule of Permitted Uses to allow alcohol sales in conjunction with restaurants and gift shops, located on the south side of Hwy 79 S. between Jedediah Smith Road and Avenida De Missiones. At the Planning Commission on August 4, 2004 the Planning Commission recommended that the City Council adopt the proposed change to the Development Code. This item will. (PA04-0384 — PAPP) • Temecula Creek Village —A Pre -Application for seven new office/retail/restaurant buildings on 6.88 acres located at the southeast corner of Hwy 79 S. and Jedediah Smith Road. DRC was held on August 5, 2004. DRC letter was sent August 11, 2004. (PR04-0010 PAPP) Residential Meeker Companies at Roripaugh Ranch — Appeal Application for Product Review for 113 detached single-family residences, which will offer four (4) floor plans in three (3) architectural styles. The houses are located in Planning Area 4B along Murrieta Hot Springs Road. The application was submitted on November 4, 2003. The Planning Commission approved the project with conditions on May 19, 2004. The applicant has withdrawn their appeal to the City Council. A letter was received on August 5, 2004 requesting a withdrawal. (PA03-0634 — LONG) Naron Pacific Tentative Tract Map 30434 — A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC has made a recommendation on policy for the Chaparral Area allowing 1/2- RAMONTHLY.RPT\2004\7-2004 Report.doc acre lots if it does not increase the "net' density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. Applicant has not yet submitted a revised constraint map. (PA02-0204 — PAPP) • Tierra Vista Condominiums — An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A DRC letter was provided to the applicant on August 11, 2004. (PA03-0552 — HARRIS) Quiet Meadows —A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. An Environmental Assessment (EA) has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will refile a new application. The project has been scheduled for a Planning Commission hearing on August 18, 2004. (PA03-0669, PA03-0698 PETERS) TTM 31898 - A Tentative Tract Map to subdivide 14.1 acres into 125 single-family lots with a minimum lot size of 3,000 square feet located within Planning Area 7 of the Wolf Creek Specific Plan. The project was submitted on October 23, 2003. A DRC meeting was held on January 8, 2004. A DRC letter was mailed to the applicant on January 13, 2004. The application was resubmitted. Staff recently completed a review of the project and provided comments to the applicant. TCSD comments regarding trash enclosures may require a minor redesign. This item is scheduled for Planning Commission on August 18, 2004. Staff is recommending approval. (PA03-0604 — KITZEROW) Wolf Creek Planning Area 7 — An application for a Home Product Review for 125 detached single-family residences within Planning Area 7 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on October 23, 2003. A DRC meeting was held on December 11, 2003 and a DRC letter was mailed out to the applicant on January 8, 2004. Revised plans were submitted on February 26, 2004, and staff is currently reviewing the plans. This item is tentatively scheduled forthe August 18, 2004 Planning Commission and staff is recommending approval. (PA03-0603 — KITZEROW) • Horton Continental — A Product Review for 100 single family residences including four floor plans and four architectural styles. The project is in planning area 1 of Roripaugh Ranch Specific Plan. The applicant submitted plans on Marchl , 2004 and submitted revised plans on May 25, 2004. Staff sent out comments on July 9, 2004. Requesting revisions. No change of in status as of August 10, 2004. (PA04-0133 — LONG) • Del Val Second Dwelling Unit —An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March 9, 2004. A DRC meeting was held August 5, 2004. Waiting for applicant response. (PA04-0039 — PETERS) • Estero Street — A request for a Zone Change (from L-1 to L-2) and a Tentative Parcel Map to subdivide a 1.39 acre parcel into two parcels for single family homes. The project is located at the end of Estero Street. The applications were filed on April 19, 2004. A DRC meeting was RAMONTHLY.RPT\2004\7-2004 Report.doc held on July 8, 2004. Staff is awaiting submittal of revised plans. (PA04 -0283 and PA04-0275 -PETERS) Davidson Communities — Appeal Product Review for 100 single family residences including three floor plans and three architectural styles. The project is in Planning Area 2 of the Roripaugh Ranch Specific Plan. The applicant submitted plans December 24, 2003. A DRC was held on January 22, 2004. The applicant resubmitted plans on February 19, 2004. The project was approved by Planning Commission on May 19, 2004. The applicant has filed an appeal to City Council. This project is scheduled for City Council on August 10, 2004. (PA03- 0725 — LONG ) • Temecula Ridge Apartments —A Development Plan for the addition of 20 units by adding a 3`d story to five buildings in a previously approved 220 unit apartment project. The site is located on the south side of Rancho California Road, southeast of the intersection of Rancho California Road and Moraga Road. The application was submitted on April 13, 2004. A DRC meeting was held on June 10, 2004, and a letter was mailed to the applicant on June 14, 2004. Staff is currently awaiting resubmittal. (PA04-0260 — KITZEROW) • Tortelli second dwelling unit — Application for a 753 square foot second dwelling unit located at 29243 Providence Road in Harveston. Application was submitted on June 1, 2004. The DRC letter was sent on August 2, 2004. Staff is currently waiting resubmittal. (PA04-0378-DAMKO) • Gallery Traditions —A product review for 8 single family residences including 3 floor plans and 2 architectural styles. The applicant submitted plans on June 2, 2004. DRC was held on August 5, 2004. DRC letter was sent on August 9, 2004. Waiting for applicant response. (PA04-0383 DAMKO) • Roripaugh Ranch Specific Plan Amendment - A Tentative Tract Map and Zone Change PA04- 0369, 0370, 0371. A request to change OS to LM and a tentative tract map to add 6 residential lots. SPA addresses fuel modification issues, general clean-up items such as fencing and inconsistencies. Staff sent a letter outlining concerns on June 28, 2004. No change in status as of August 10, 2004. (PA04-0369, 0370, 0371 LONG) • Harveston Neighborhood 6-A Development Plan to construct 69 attached residential condominium units on 4.7 acres, located within Neighborhood G of the Harveston Specific Plan. The application was submitted on April 21, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0077 - HARRIS) • Harveston Neighborhood 6 Tentative Tract Map — A Tentative Tract Map to subdivide 4.7 acres into attached residential condominiums located within the Neighborhood 6 of the Harveston Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0078 — HARRIS) • Harveston Neighborhood 12 A Development Plan to construct 93 attached residential condominium units located within Neighborhood 12 of the Harveston Specific Plan. The application was submitted on April 26, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0079 HARRIS) • Harveston Neighborhood 12 Tentative Tract Map A Tentative Tract Map to subdivide 5.6 acres into 93 attached residential condominiums located within Neighborhood 12 of the Harveston RWONTHLY.RP7\2004\7-2004 Repoit.doc Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0080 HARRIS) • Saratoga Ridge — A Product Review for 10 detached single family residences which offer2 floor plans, and 3 architectural styles. The project is located off Rancho Vista Road and Greentree. It was submitted on July 28, 2004. Comments are due August 19, 2004. (PA04-0488 DAMKO) • Temecula Lane — A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. The application was submitted August 4, 2004. Comments are due from affected departments on August 26, 2004. Miscellaneous • Faith Bible Church — A Minor Conditional Use Permit to establish a church facility at 42257 Avenida Alvarado. Project was submitted on April 13, 2004. A DRC was held on May 20, 2004. Staff is currently waiting for revised plans. No change as of August 10, 2004. (PA04-0266 — LONG) • Cingular Mono -Pine Wireless Antenna — A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8, 2004. Staff is currently waiting for revised plans. No change in status as of August 10, 2004.' (PA04-0285 — LONG) AT&T and Verizon Wireless —A Conditional Use PermiUDevelopment Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to eight±48' high "Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. No formal resubmittal to date. (PA02-0335 — PAPP) Meadowview Golf Course — Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The Draft EIR was submitted on April 12, 2004. Staff has transmitted document to affected City Departments for 3 week review. Staff provided EIR comment letter to applicant the week of June 7, 2004. Staff is currently awaiting comments. (PA01-0375 — PETERS) • Verizon Mono -Palm Wireless Antenna —The applicant has stated they intend to withdraw the application at the Chaparral High School Bus Maintenance Facility for a 50' light pole similar to the existing 35' light poles within the maintenance facility. The applicant has not yet submitted a letter of withdrawal. Staff will issue an Administrative closure letter. (PA02-0715 — PAPP) • Verizon Wireless Telecommunication —A Conditional Use Permit for a 60-foot high mono -pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono -pole is not an acceptable design for the area. The applicant RAMONTHLYAM2004\7-2004 Report.doc 10 indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff will meet with the applicant on August 19, 2004 to discuss design alternatives. (PA02-0637 — PAPP) Cyberzone—A Minor Conditional Use Permitforthe establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJ00-906 — FISK) Verizon Wireless Telecommunication — An Administrative Development Plan to mount six antennas on the existing Saturn Dealership Building located at 27430 Ynez Road. The applicant submitted the proposal on June 28, 2004. A DRC meeting was held July 24, 2004. Staff is recommending approval. (PA04-0455 — PETERS) Temecula Regional Hospital: A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medical/office buildings (4 stories each) and a six story hospital structure all totaling approximately 535,000 square feet, located north of Highway 79 S, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. Staff is currently reviewing the plans. The applicant requested a postponed DRC until August 19, 2004. (PA04-0462, 0463 LONG) Stringer's LLC A request for Public Necessity and Convenience to allow sale of wine in gift baskets, located at 42210 Zevo Drive. The Planning Commission made the appropriate findings on August 4, 2004. (PA04-0440 LONG) • Johnson Family Daycare — A Minor Conditional Use Permit to establish and operate a Large Family Daycare Home Facility for up to fourteen children within an existing single-family home located at 43008 Corte Cabrera. The application was submitted on April 22, 2004 and is scheduled for the August 12, 2004 Director's Hearing. (PA04-0293 — Fisk) Small Business Assistance • La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fagade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in the next two to three months. • Temecula Olive Oil Company: The Planning Department is working with this applicant on a newly designed outside patio dining area and signs that are to be submitted for review by the Old Town Local Review Board in two to three months. • Bev -Ray Camera: Staff worked with this established Old Town business owner to help bring his signs into compliance with the sign program for the Temecula Stage Stop. • Rachel' Place — Planning staff is working with this new business in order to help them obtain funding for new signs under the Fagade Improvement Program. RAMONTHLY.RPT\2004\7-2004 Report.doc 11 Special Event Permits • Summer Nights: This event, sponsored by the Temecula Redevelopment Agency, will occur on Friday nights throughout July and August. • Temecula Fall Car Show and Cruise: This event will take place on October 8 -9, 2004 in Old Town Temecula. Meetings with the applicant and City departments will be taking place during the next two months. Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: • Comprehensive General Plan Update — The Updated General Plan is scheduled for a joint meeting with the City Council and Planning Commission on August 10, 2004. (HOGAN) • Update of the Old Town Specific Plan — The Planning Commission considered the draft of the updated Specific Plan on June 16, 2004 and is recommending that the City Council approve the changes. The Specific Plan is scheduled for the Council's consideration on August 10, 2004. (HOGAN) • Hillside Development Policy — The policies are being examined for integration into the draft - grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. This item is on hold pending additional staff resources • Procedures to Implement CEQA — Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. • Surface Mining Ordinance — The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. • Traditional Neighborhood Development Ordinance — Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. • Staff is preparing a final draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." Completion of the final draft was delayed and is estimated to be the end of August. This item has not yet been scheduled for public hearing. (PAPP) • Updating of the Roripaugh Estates Specific Plan to split Planning Area 8 into 8A and 8B to resolve commercial zoning issues and minor land use changes. Staff is reviewing the Specific Plan design guidelines to determine best approach for resolving commercial zoning issues and existing land uses adjacent to Area 8. (PA97-0443 WEST) RAMONTHLY.RPT2004\7-2004 Report.doc 12 • South Side Street Improvement Project —The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. • Paloma Del Sol Specific Plan, Amendment 8.1 and Supplemental EIR — Staff is waiting for the applicant to submit a revised project schedule and the draft of the Specific Plan and Supplemental EIR. (PA03-0402,0403 —WEST) • Telecommunications Facilities — Staff has prepared a Request for Qualifications (RFQ) for consultants to evaluate the technical reports submitted by new telecommunications. (WEST) • Supplemental Development Standards (Alcohol Sales) — Staff is developing additional performance standards in order to allow for the distinction between businesses offering the sale of alcoholic beverages (beer and wine only) for non -consumption on premises and those businesses with sales of alcoholic beverages for consumption on same premises. The Police Department is contacting the State ABC for recent liquor license information to determine the type of problems we are experiencing in the community. (WEST) Update of the Citywide Design Guidelines - The consultant submitted a completed draft in February 2004. Staff just completed review and comment of the Commercial Guidelines, and is currently reviewing the Industrial Guidelines. The project is approximately 4 months behind scheduled because of previous staffing shortage. The original contract was extended for another year at July 13, 2004 City Council meeting. A consolidated list of staff comments/corrections will be sent to the consultant upon completion of Industrial Guidelines review. (PAPP) Light Industrial Development Code Amendment—. Staff is evaluating the desirability of creating new design guidelines in the Development Code to allow for "Campus" style professional offices in LI zoned areas. This item is going back to the Planning commission August 18, 2004. (WEST) • Margarita Village Specific Plan Amendment. —A minor amendment to facilitate HOA ownership of the pool complex has been submitted. (PA04-0486 WEST) • City — Project environmental reviews and permitting: o Overland Drive Extension — Staff reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Old Town Southern Gateway Landscaping Project — Request from Public Works for Environmental Determination for this project. Previous Negative Declaration has been modified because the project description has changed. The revised N.D. has been routed to Redevelopment, TCSD, and Public Works for comments. Planning has not received comments. Planning will coordinate with Public Works to schedule this item for City Council. (EA-93 — PAPP) o Murrieta Creek Multi -Purpose Trail Project —Staff is assisting the Public Works Department by preparing CEQA and NEPA documents for this project. Staff did a site walkover with biologist and CalTrans coordinator in January 2004. Staff has recommended and prepared Class 4 Categorical Exemption. (EA99 — PAPP) R:V,AONTHLY.RP112004\7-2004 Report.doc 13 o Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff recommends that a Negative Declaration be prepared. Planning will coordinate with Public Works to schedule this item for City Council. (EA107 —PAPP) Rancho California Road Widening Project — Staff has prepared a revised Initial Environmental Study that is currently under review. (EA113-WEST) 1-15 / SR79 S. Ultimate Interchange Project — Staff is working with Public Works on the NEPA/CEQA determination for this project. (EA111 WEST) General Plan Amendments PA03-0178 TERC 52, LLC —A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal will not go to hearing until the Comprehensive General Plan Update is complete. (PAPP) Margarita Village General Plan Amendment (PA040391) and Specific Plan Amendment (PA04- 0390) to change the land use designation from VL (very low - .2 to .4 du/acre) residential to LM (low medium —3 to 6 du/ac) for 18.3 acres along the west side of Butterfield Stage road, north of Chemin Clinet. This is associated with a Tentative Tract Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 SF. These applications were submitted on June 2, 2004. A DRC meeting is was held on July 8, 2004. The project was resubmitted on August 2, 2004 and staff is currently reviewing. (KITZEROW) PA04-0411, Nicolas 73 — A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-040415) to change the land use designation on 73 acres from very low density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8, 2004 and DRC was held on for July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letter the applicant was informed that staff does not support the GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. (PAPP) R:V,AONTHLY.RPTt2004\7-2004 Report.doc 14 APPROVAL CITY ATTORNEY DIRECTOR OF FIN NCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & Safetylj DATE: August 24, 2004 SUBJECT: Departmental Report July 2004 PREPARED BY: Carol Brockmeier, Administrative Assistant The month of July 2004 continued to exhibit the high level of construction activity we have been experiencing over the past few years. The following is an overview of permit and inspection activity for July 2004. Single Family Development - Tracts The City currently has 567 single family homes under construction. An additional 104 building permits were issued in July. These single family homes under construction are primarily located in the Harveston Development where 413 homes are under construction, however, the Crown Hill Development continues to be active with currently 154 homes under construction. Custom Single Family Homes Over the past year Custom Single Family construction activity has slowed. This past month 3 new custom home permits were issued bring the year's custom home permit total to 24 homes. Multi -Family Development A resurgence of multi -family construction has occurred over the past fiscal year. There are currently 29 buildings housing 408 units under construction. These projects lie on both the south and northern ends of the city. The Fountains Senior Apartment is currently in the framing stages; Old Town Senior Apartments have recently obtained their final occupancy approvals. In the south, Temecula Creek Apartments are moving along and the Temecula Ridge Apartments on Rancho California Rd. and Moraga Rd are getting underway. Commercial Development Only one new commercial permit was issued in July , however, ABC Preschool, Krispy Kreme, Hampton Inn, Islands Restaurant and 3 new commercial buildings with warehouses on Remington Ave. were completed, during the month of July. Total Permit and Inspection Activitv Staff Issued 310 building permits representing a construction valuation of $17,891,747. The inspection staff performed over 4800 building inspections in July yet were able to continue to respond to inspection requests with only 24 hours notice. CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: August 24, 2004 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of July, 2004. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report July / August 2004 Prepared By: Amer Attar Submitted by: William G. Hughes Date: August 24, 2004 PROJECTS UNDER CONSTRUCTION 1. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek 35 feet on the south and 15 feet on the north to provide four additional traffic lanes. The bridge is open butwork continues on numerous items with the biggest remaining item being installation of erosion control in the channel. The allowable working days end on September 1, 2004. 2. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. After review of McLaughlin Engineering's cost for extension of the RCWD water main on John Warner Rd, the decision was made to move forward with construction, and a reimbursement agreementwas drafted between the City and RCWD. Construction began on 8/9/04; estimated duration is 3 weeks. McLaughlin will, when waterline construction is complete, resume work on La Presa Loop, which will be constructed per the revised 'half cul-de-sac' plan, and complete paving work there and on John Warner Road from Colver Court to the westerly project limits. Projected project completion date is September, 2004. 3. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. Detector loops and final striping work completed the week of 7/19/04; Edison streetlight re -set the week of 7/26/04. WVDS cameras taken down on 8/10/04, landscaping and irrigation work continues, and continues to be an issue. At this point, most landscaping work is complete, but has not yet passed final inspection. R.J. Noble assessment of Liquidated Damages began effective 8/12/04; project completion is anticipated by 8/31 /04. 4. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. The acquisition of 4th Street right of way is complete. All environmental permits have been obtained. Construction started on 3-3-04 and the allowable working days (14 months + 16 days) extends to 5-05-05. Work is progressing on erection of structural steel and masonry walls. R:\MonNyActivityReport\CIP\2004Uuly-August.doc 5. Pechanga Parkway Storm Drain Improvements — Phase li This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). The contractor will complete the Concrete Box Culvert north of Loma Linda Road during the week of August 16. Construction south of Loma Linda Road will begin the week of August 23 and is scheduled for completion the week of September 13. A traffic detour north of Loma Linda Road will be completed by August 20. Pedestrians and school children will have a separate asphalt concrete sidewalk through the construction zone on the south side of Loma Linda Road. The asphalt concrete sidewalk will have chain link fencing on each side to guide the pedestrians and school children through the construction zone. 6. Slurry Seal Project - FY 2003/2004 This project continues the annual slurry seal program for City streets. All streets have been slurried. Additional slurry work was performed on Enterprise Circle North, Enterprise Circle South, and Overland Drive. Work is complete. Final invoice has been paid. The contractor has submitted the Maintenance Bond and Affidavit and Final Release. Diaz Road Realignment Phase I, Traffic Signals Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the other one on Rancho California Road at Business Park Drive/Vincent Moraga. Also, a northbound lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing). Contractor has completed the paving on Diaz Road. Contractor has completed most of all of the work and is waiting on the delivery of the traffic signal poles. 6. Vail Ranch Park (Near Pauba Valley School) -Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. A pre -construction meeting was held on June 7th. The contractor submitted the equipment information for review and approval. Equipment and Polygon Shade Structure have been ordered. Construction will begin in late August. 9. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. Pavement rehab work on Diaz Rd is part of this project via CCO No. 1 (per CC mtg dated 6/22/04). Construction started on 07/06/04 with concrete removals. Since they have been encountering locations with unstable soil, additional CAB & 2.5" diameter rock has been used. Griffith is to begin street reconstruction when the Traffic Control Plan is approved. This work will include weekend and night work. The cameras on Del Rio and Via Montezuma will be installed this week. 10. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. City and CA Sunset HOA did not reach amenable terms on the Landscape Maintenance Agreement. The contract was awarded June 22 to CS Legacy Construction, Inc. The preconstruction meeting was R:\MonthlyActivityReport\CIP\2004\July-August.dm held on June 28. The contractor has secured the duplicate encroachment permit from Caltrans. The Notice to Proceed was issued July 19. Excavation, rough grading, and compaction for the sidewalk are complete. Forming and concrete pouring is under way. 11. Citywide Concrete Repairs - FY 2003/ 2004 This project continues the annual citywide concrete repairs program for City streets. The contract was award at the June 22, 2004 City Council meeting. A pre -construction meeting was held on August 5th. PROJECTS BEING ADVERTISED FOR BIDS 1. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. The design is complete and the project is being advertised for bids. Bid opening is scheduled forAugust 25, 2004. 2. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The timing of the station will be impacted by the developer's ability to provide finished street grades, final site utilities, and finish all site grading. PS&E was approval and authorization to be bid was obtained at the July 13 meeting. Bids are scheduled to be opened on 08-19-04 and the anticipated award date is 9-14-04 along with consideration of CM services from proposals received on 7-08-04. 3. Veteran's Memorial This project will construct a Veteran's Memorial next to the Duck Pond. The artist and the concept have been chosen. A ceremonial groundbreaking for the projectwas held on 714/04. Bid documents were finalized and the project was advertised beginning on 8/2/04; Addendum #1 (landscaping plan) was issued on 8/11/04. Bids will be opened on 8/19/04 with project groundbreaking anticipated by 9/1/04. 4. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. Project is currently being advertised with a Bid Opening scheduled for September 16, 2004. Utility coordination continues. 5. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. In-house design and property acquisition process continues. Project is currently being advertised with a Bid Opening date scheduled for August 19, 2004. Right of Way acquisition and utility coordination continue. R:\MonthlyActivityReport\CIP\2004\July-August.dm PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements — Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance and City's Environmental Consultant to re-classify the Preliminary Environmental Document Classification (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). 100% plans should be submitted to the City by mid -September. The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. US Army Corps of Engineers (USACE) is requiring that the City process an individual permit in addition to a nationwide permit for the Wolf Valley Creek Channel. The process of the permit is in its final stages. This project was divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 2. Pechanga Parkway Landscape Improvements This project will complete the landscaping that was required as part of doing the sound walls on Pechanga Parkway. Bids were opened on July 26, 2004. The contract was awarded to America West Landscape, Inc. at the August 10, 2004 Council meeting. The award amount was $199,595.00. TCSD is obtaining the necessary right-of-way for the maintenance of the landscape area. 3. Pechanga Parkway - Muirfield Drive Traffic Signal Under this project, a traffic signal will be installed on Pechanga Parkway at Muirfield Drive. The consultant submitted 70% design plans the week of August 9. Plan check comments are being returned to the consultant on August 17. Final plans are expected to be approved & signed off within three weeks. 4. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The City was approved for funding by the State on October 28, 2003. TCSD will coordinate the submittal of plans between the architect and the State. The plans are being reviewed by Information Systems and Public Works. Previously, Building & Safety and Fire reviewed the plans and gave comments to TCSD. 90% plans is scheduled to be submitted to the State during the next period. Public Works will take the lead on all utility issues, bidding, and construction management. The various utility issues are being addressed, i.e. services, protection, relocation.. Etc. The project will be advertised for bids once the plans are approved by the State and all issues are resolved. The design of the waterline line to service the library will be completed during the next period. R:\MonthlyActivityReport\CIP\2004Uuly-August.doc 5. Pauba Road Improvements — Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is being coordinated with the library project, which resumed since State funds have been secured. A new RCW D waterline is under design to service the library project. It will tie into an existing line that ends just west of Margarita Road. The first submittal for the waterline is currently being reviewed by the City and RCWD. 6. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. The consultant submitted 30% design plans during the week of August 3 and were sent out to all utility companies for comment. Plan check comments will be returned to the consultant in approximately two weeks. 7. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Project plans and specs are 100% complete and are ready to bid. Caltrans Local Assistance group was provided with copy of submittals for the third time. We finally got confirmation that it was sent to Caltrans HQ for Authorization to Construct. 8. Fire Station -Wolf Creek Site A fire station will be built at the Wolf Creek Site. Standard Pacific Homes has posted a deposit for the redesign of the station to better match their development architecture. Due to a potential conflict with the service areas, the Pechanga Group has requested a re-evaluation of the location of the Wolf Creek Fire Station. Project is on hold pending the outcome of this re-evaluation. 9. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The City received comments from Caltrans on the Preliminary Environmental Study (PES) on April 22, 2004 and is working on addressing them. The Natural Environmental Study (Minimal Impacts) (NES (MI)) was submitted to Caltrans on April 7, 2004, no comments have been received to date. The next meeting will be held in once the PES response to comments has been completed and resubmitted to Caltrans. 10. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. PDC is making the 1st plan check (30%) corrections. R:\MonthlyActivityReport\CIP\2004Uuly-August.doc 11. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Consultant is approaching 95% PS&E. The City is preparing the Natural Environmental Study / Minimal Impact for Caltrans review. 12.Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project plans are on hold. 13. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study is complete and the City has chosen alternative no.1. (widen the south side of the entire length between Old Town Front and 1-15). An environmental assessment was sent to planning and work is progressing on finalizing a location for the wall and property acquisition. 14. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Agency comments on 30% design plans have been incorporated; progress toward 70% plans is underway. While still unresolved, the feeling among the team, with the exception of the Corps, who has been absent from meetings for several months, is that the freeboard issue is potentially a non -issue. The Corps is, however, requesting additional hydraulic analysis to support the current bridge design profile; clarification of this request is forthcoming. Per Simon Wong Engineering's updated schedule, 70% design plans anticipated 11/04, 100% design in January, 2005. 15. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facilitywill be built on the property adjacent to City Hall. Design of Field Operations Center is underway. Design of Phase 1, the parking lot, is scheduled for completion by mid October with construction scheduled to begin in December. Concurrentwith phase 1, schematic design of phases 1 & 2 (the expansion of the maintenance yard and the new building) will be progressing. Conceptual Facility plan is being submitted to Business Park POA for review. % Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The project is on -hold, except for the two traffic signals at Diaz Rd. & Rancho Way and Business Park & Rancho California Road. Right of Way acquisition process is ongoing. 17. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with recommendations was prepared. The design and locations were approved. Staff is in the final stages of preparing the construction bid documents including ADA and permitting requirements. R:\MoutWyActivityReport\CIP\2004Uuly-August.dm 18. Traffic Signal Installation — Citywide Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. Staff met with representatives of Temecula Valley Unified School District on November 20, 2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows Parkway and La Serena. Bids were opened on July 13th. The lowest bidder was DBX, Inc. with a bid amount of $329,040.00. The City Council awarded the contract at the July 27th meeting. 19. Pavement Rehabilitation Program - FY 2003/ 2004 This project continues the annual pavement rehabilitation program for City streets. This project is to be executed through a CCO under PW02-26, Jefferson Avenue Rehabilitation, Phase 11. EnGEN completed the Geotechnical Report. The scope has been revised to include full width rehabilitation of Diaz Road and to include storm drain pipe replacements. 20. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MW D easement). Staff is preparing a conceptual design for presentation to MWD (since it will be on top of their waterline). 21. Traffic Signal at SR79 South and Country Glen Way Under this project, a traffic signal will be installed on State Route 79 South at Country Glen Way. Plans and specifications will be submitted to Caltrans for their review and comment the week of August 16. 22. Long Canyon Detention Basin -Access Road This project will construct an access road to the Long Canyon Detention Basin being maintained. Preliminary research is being performed in order to begin preparing plans. 23. Pavement Rehabilitation Program - FY 2004/ 2005 This project continues the annual pavement rehabilitation program for City streets. Preliminary research is being performed in order to begin preparing plans. PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange -Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. RBF Consulting (firm that completed the Project Study Report) submitted the PA & ED Proposal. City staff and Caltrans are reviewing the proposal. R:\MontlilyActivi[yReport\CIP\2004Uuly-August.doc 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant continues to work on the Project Report. The consultant continues to work on the Project Report (PR). Currently, the consultant is working on some additional traffic studies that both FHWA and Caltrans required. Caltrans has completed their review on the results of the traffic study and now M&N will incorporate this info into the PR. In addition, the consultant is finalizing their comments from the Value Analysis and the Accelerated Construction Technology Transfer (ACTT) workshops. We are also continuing to pursue the acquisition of a number of properties to protect them from development. The work on the environmental document continues. 3. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed college, the alignment study was restarted with the existing information. The consultant is preparing a base map for the Diaz Road extension alignment. PROJECTS THAT ARE SUSPENDED OR ON -HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit -ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. 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((pp yJj wC 2 E OI j 6 N 6 L O N F N C m a N N C j m 2 0 Q L a C U 2 0 y 0 n J N 0 3 9 0 N 6 C O N y 0 N Q o E m w0 W C_ VI f 0.9 a ¢0 6 U' O1 n5 N J C N ca O T t5mE c mU E $ o 0 N o'r 12 a 2 a om-0 c'_ > c u0i N y u 9 a9i m o d �{E• 3 j L w O O E N 0 0 jp 0 O N !F m m pC rj y s d 0 0 C 0 0 O �p Ol O� C_ 4- y o at-' U C C O 3 J' T Q d y C 0 O O F1' y O' �'__ c0cv �'a m m m C 3n. m 0� m �SO 5 yr E'o 0 3 m� oa m. c ga a m u0i o>a` amm> m 9 12 a mo`o m m N¢N 9 C C 0 N U O i� N 9 N N C N N y y N C=¢ O O a O H m a0 NN O N N L" 0 0 m m N c 0 y 0 0 0 C O N 0 0 0 6 V 0 8 O Q m N 0 0 N C m y 0 y� N C O .5 OO > D! - N 6 Q y> W m CN � C N G `t a�� : :m$ 'm F-a O U Kea e, mmS$n c 10 mn�md5 L� U m p U8nd¢Sm <F° a a a a a a a a a z z z z z z z z z U W E rn m a `o F z z z z z o' W a z o P W O o 0 u.:e W > > > > ? y -" @ o- c a mJ m N m a c a o %' �'111�1�1�1Oy111 L N w jjFR�. N C co mu) n m U 0 mE inm a m m`¢ � �Uy. [t7 V :Lo 0 0 O C Q N N 5 O a m O E E ~ m a ZO' min co m 2 m m m m c o a O o co a KU0' �j m o IF w ` W H X C c E 0 0 U 0 O N 0 �+ 'O W� LL s c 5 c~ N p0(O. o. c00 do m m cc c.Q Eo E a 3 i `c c N a m a 9 m a ii 3� c J m C Q > O NCN 2m m (2— c O tp n K m o K U F. z J O ClJ 9 4 N v O N O W N O > IL > a a > a MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: bah Brad Buron, Maintenance Superintendent DATE: August 3, 2004 SUBJECT: Monthly Activity Report - July, 2004 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of July, 2004: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns Ill. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VB. STENCILING A. 295 New and repainted legends B. 365 L.F. of new and repainted red curb and striping 65 6 8 15 2,205 31 125 0 21 2,939 RWAIN AIMM(IAI RMII _1I 11. 11 1l Also, City Maintenance staff responded to 34 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 42 service order requests for the month of ,June, 2004. The Maintenance Crew has also put in 221 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of July, 2004 was $10,000.00 compared to $19,325.00 for the month of .Tune, 2004. Account No. 5402 $ 10,000.00 Account No. 5401 $ - 0 - Account No. 999-5402 $ - 0 - cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) R:WAINTAIN OAC R�-200S Y.W STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of July, 2004 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE p CO idllRA+(3[I®R. C'O 13 `GAP AAA, :nIF}NaP f <. .. _ Date: 07/04 CITYWIDE WEED ABATEMENT AND TRASH CLEAN-UP ALONG CITY R.O.W.'S # 5402 TOTAL COST $ 10,000.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST C0NTRACXOR2 .' Date: TOTAL COST Date: TOTAL COST rou C,OLS'liRAYC'1�12• Date: TOTAL COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 0 TOTAL COST ACCOUNT #5402 $ 10,000.00 TOTAL COST ACCOUNT #99-5402 0 R:UTAINTMI OAG RP112-2WSVIRYM C w m F- M J N pao 0 N UUo 70Q a pw> F U 2 H LL 2 CL 0 s 0' W r o00 oo van M _ o �n �u��noin m M 000 00 Q � O �tO UJ �OtIJ V M N N W F K W m w W W ;O W w n w O Z Ir w O U O m w m i F a W y N 7 C7 Q O O O O O O O O O yy N O N- O ON M M MO ^ N N m f0 O N O J � 7 7 fA N � W U an O z y d 0 LL a Q CO m 'a li d C coy LL C JF It H m >.F Q W N 0 NC m > H my F pm m y F $U NO c> m m �O. uVl UO U S 9O Z o E E 0 aO Z m? E a 'n E 3 p m U y U a m m o o z s a O� �? w O m m m 0 o O oo� o m 0 inm� � m 20 F-F- p r m nmU OfZamc� O to 000W o 3 LL U N J Q p m Y W N a>z¢ OVQ} z F J W J W U = W N K 2 ~ LL 40 N IL W p b:LL.N U- N O O O G M G tG O O w O di O M ow N fV A M Qi O Oi O O N M tp G W O O O O 0 0 N O id N O O O M O M O O N O O O O O M N W M 0M W AW N LL F.F aw UP) O:- �W o Oat 3 0 a) y 0� LLO y i7 Q,•Q. U in W K W'� O;Q U id 0 0 O O am O O 0 �d O Id O V O M Ir N 00 O O O N O, N N O M O M O O O O O O O G O O A O O l+l O N O O C N N O M v C09 M A M M UJ J 0W W W Nbi AM N tli lA U p N N N T N Y W G N 0 p O � U R0 d N N a d d O d a O d d p J d p J O U A C LL IL 0 �% LL W m L W LL O m a in a � c W 2 3 M N F- a N U W H LL W J U) Q O O twi U W F W J F W Z p G LLI ZZ ¢6m� O LL' 2 U -+ ¢ w W W a p U)Q y Q Y a a U w F U W W N W W O O W 3 7 LL Q 7 U N a z s z z LLd i z Ir 3 g w Q N N Z N Vl 0 p Z U) {� LL O K H CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF AUGUST, 2004 07/06/04 27635 DIAZ 7POTHOLE wl 4 A . `. y.,. ,0.E :.. t. TEMP AC 07/06/04 SB JEFFERSON AT SIZZLER 2 TEMP AC 07/07/04 JEFFERSON AT CHERRY 204 6.5 07/08/04 FRONT STREET POTHOLE 3 TEMP AC 07/08/04 JEFFERSON AT CHERRY R&R ASPHALT 195 6.5 07/12/04 DIAZ AT SARAH WAY R&R ASPHALT 58 2 07/20/04 28999 PLAZA DEL RIO R&R A.C. 32 2 07/21/04 SANTIAGO AT YNEZ A.C. OVERLAYS 860 4 07/22/04 YNEZ W/O SANTIAGO A.C. OVERLAY 240 2 07/23/04 RANCHO CALIFORNIA ROAD AT CALLE TAJO POTHOLE 6 TEMP AC 07/26/04 MARGARITA N/O WINCHESTER POTHOLE 2 TEMP AC 07/26/04 RANCHO CALIFORNIA ROAD AT CALLE TAJO R&R AC 64 3 07/27/04 MARGARITA N/O WINCHESTER R&R AC 4 2 07/27/04 41826 CARLTON WAY R&R AC 4 2 07/27/04 40685 CARMELITA CIRCLE R&R AC 15 07/27/04 FRONT STREET AC OVERLAY 24 1 07/28/04 29000 FRONT R&RAC 8 3 07/28/04 NB YNEZ AT RANCHO VISTA AC OVERLAY 480 TOTAL S.F. OF REPAIRS 2,205 TOTAL TONS 31 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JULY, 2004 07/06/04 CIEYWIDE CLEANED & CHECKED e" 37 CATCH BASINS 07/08/04 31320 CORTE RIMOLA CLEANED & CHECKED 2 CATCH BASINS 07/08/04 30235 CUPENO CLEANED & CHECKED 2 CATCH BASINS 07/19/04 CITYWIDE CLEANED & CHECKED 33 CATCH BASINS 07/21/04 CLUBHOUSE DRIVE CLEANED & CHECKED 3 CATCH BASINS 07/26/04 CITYWIDE CLEANED & CHECKED 33 CATCH BASINS 07/27/04 AREA #2 CLEANED & CHECKED 8 CATCH BASINS 07/28/04 AREA #1 CLEANED & CHECKED 7 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 125 R:UMtN MWKCWLE CATCHBASW .MULY CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JULY, 2004 07/06/04 GRAFFITI HOT SPOT LIST - CITYWIDE REMOVED p 1,137 S.F. OFGRAFFITI 07/06/04 NICHOLAS & WARBLER REMOVED 24 S.F. OF GRAFFITI 07/08/04 1 TARGET CENTER REMOVED 30 S.F. OF GRAFFITI 07/12/04 PECHANGA BRIDGE REMOVED 7 S.F. OF GRAFFITI 07/13/04 3RD STREET AT FRONT STREET REMOVED 24 S.F. OF GRAFFITI 07/13/04 PUJOL AT 6T" STREET REMOVED 1,070 S.F. OF GRAFFITI 07/14/04 FRONT STREET AT CIRCLE K REMOVED 5 S.F. OF GRAFFITI 07/15/04 WINCHESTER CREEK BRIDGE REMOVED 20 S.F. OF GRAFFITI 07/15/04 EMPIRE CREEK REMOVED 25 S.F. OF GRAFFITI 07/15/04 CALLE MEDUSA AT KAHWEA REMOVED 25 S.F. OF GRAFFITI 07/19/04 6T" STREET AT FRONT REMOVED 12 S.F. OF GRAFFITI 07/19/04 6T" STREET AT PUJOL REMOVED 200 S.F. OF GRAFFITI 07/19/04 28314 FRONT STREET REMOVED 7 S.F. OF GRAFFITI 07/26/04 6T" AT PUJOL REMOVED 205 S.F. OF GRAFFITI 07/26/04 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI 07/26/04 TARGET CENTER AT YNEZ REMOVED 65 S.F. OF GRAFFITI 07/26/04 NO. GENERAL KEARNEY AT NICHOLAS REMOVED 15 S.F. OF GRAFFITI 07/26/04 YNEZ AT SANTIAGO REMOVED 40 S.F. OF GRAFFITI 07/26/04 NO. GENERAL KEARNEY AT NICHOLAS REMOVED 1 S.F. OF GRAFFITI 07/27/04 I-15 AT WINCHESTER REMOVED 5 S.F. OF GRAFFITI 07/28/04 NICHOLAS ROAD AT VIA LOBO REMOVED 2 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 2,939 TOTAL LOCATIONS 21 R:WAfWMMWKCMPLMGRA Tl�.05UULY if co On Co lf) -IT CM N r a E D Ftiw ¢ coozA U W O O Z �z " '�-1 I b N O y ti0~0 N � eq w �Q o v�UU rl 00 OY'1 N 7 00 �D Vl Vl V N M t� —. Dcr\ N .--^-' h� OHO V oo D\ i r .r b 69 69 fA 614 69 fA �9 WW cn a ❑❑ o o o d d O°>> o u o ¢cnOZA CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JULY, 2004 in MR. ICJ V.-WAX-, \ 1.11 F.'Iffol'Als � � • Pon, ml 1 . 1• • • R:WMWMM"KC0WLTO\TREES-05VULY CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JULY, 2004 AE RE ® Q U PS I ,QE'.Q ' T WORK C„OMPT ETED 04/30/04 CORNER OF PIUTE AND HIAWATHA POTHOLE 05/03/04 06/29/04 30876 BARDMOOR DRIVE TREE 07/01/04 07/01/04 NICHOLAS ROAD AT JOSEPH ROAD CANNEL 07/01/04 07/06/04 30235 CUPENO LANE CATCH BASIN 07/08/04 07/06/04 30946 SHABA COURT SIGN REQUEST 07/06/04 07/07/04 30301 MERSEY COURT TREE 07/08/04 07/07/04 CORTE RIMOLA CATCH BASIN 07/08/04 07/07/04 32244 CORTE CORONADO STANDING WATER 07/08/04 07/07/04 44766 CALLE BANUELOS TRAFFIC CONTROL DIVIDERS 07/08/04 07/09/04 31132 CORTE ANZA TREE TRIMMING 07/09/04 07/12/04 31273 HIAWATHA COURT TREE LEANING 07/12/04 07/13/04 28145 JEFFERSON AVENUE TREE TRIMMING 07/13/04 07/13/04 41580 AVENIDA BARCA SIGN DOWN 07/13/04 07/13/04 31088 KAHWEA STANDING WATER 07/13/04 07/14/04 33230 VIA ALVARO LIFTED SIDEWALK 07/14/04 07/16/04 44730 CUPA LANE TRIM TREE 07/15/04 07/16/04 WINCHESTER AT REMINGTON CIRCLE R-1 MISSING 07/16/04 07/19/04 45457 CLUBHOUSE DRIVE STORM DRAIN CLEANING 07/19/04 07/19/04 30120 VILLA ALTURAS TREE REMOVAL 07/19/04 07/19/04 42030 MAIN STREET DEBRIS PICK-UP 07/19/04 07/20/04 PECHANGA AT MURIFIELD RAISED SIDEWALK 07/20/04 07/20/04 30930 SAWCROSS COURT TREE TRIMMING 07/20/04 07/21/04 43128 MATERA COURT STORM DRAIN CLEANING 07/21/04 07/21/04 1 SOLANA WAY NEAR DEL REY ROAD DEBRIS PICK-UP 07/21/04 07/22/04 42145 LYNDIE LANE KEYS IN STORM DRAIN 07/22/04 R�EC' 07/22/04 PALA VISTA DRIVE ROAD GRADING 07/23/04 07/23/04 31959 VINEYARD TREE 07/26/04 07/26/04 MARGARITA ROAD AT BRIDGE DECK POTHOLE 07/27/04 07/26/04 43128 MATERA STANDING WATER 07/28/04 07/26/04 31273 HIAWATHA COURT TREE 07/28/04 07/27/04 30730 AVENIDA BUENA SUERTE REPAVE STREET 07/28/04 07/28/04 27595 DANDELION COURT STREET NAME SIGN 07/28/04 07/29/04 CROWNE HILL DRIVE SIGN DOWN 07/29/04 07/28/04 46620 AVENIDA BARCA SIGN REPAIR 07/28/04 TOTAL SERVICE ORDER REQUESTS 34 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JULY, 2004 07/06/04 MEADOWS PARKWAY AT ROAL BROOKDALE 4 REPLACE R-7 ] 07/07/04 PECHANGA PARKWAY AT CLUBHOUSE REPLACE STREET NAME SIGNS 2 07/07/04 MEADOWVIEW AREA REPLACE 5 07/07/04 MEADOWVIEW AREA REPAIRED 8 07/09/04 1 REGENA PARK INSTALLED PROJECT SIGN 07/12/04 JEFFERSON N/O RANCHO CALIFORNIA ROAD INSTALLED 4 PROJECT SIGNS 07/13/04 41580 AVENIDA BARCA REPLACED R-26 07/13/04 RANCHO CALIFORNIA ROAD AT COSMIC REPLACED R-7 07/14/04 RANCHO CALIFORNIA ROAD AT JEFFERSON INSTALLED TYPE R 07/14/04 RISING HILL AT WINCHESTER REPLACED R-1 07/15/04 SOLANA REPLACED R-26 07/19/04 MORENO AT FRONTQ REPLACED R-7 07/20/04 ROYAL BIRKDALE AT MEADOWS PARKWAY REPLACED R-7, K MARKER 07/20/04 OVERLAND AT YNEZ REPLACED R-7, K MARKER 07/23/04 VIA MONTEZUMA AT JEFFERSON REPLACED HIGHWAY PATROL SIGN 1 07/26/04 VIA LA VIDA AT MARGARITA REPLACED R26-81 07/27/04 RANCHO CALIF. RD. AT BUTTERFIELD STAGE REPLACED DELINEATORS 3 07/28/04 CITYWIDE REPLACED 43 STREET NAME SIGNS TOTAL SIGNS REPLACED 65 TOTAL SIGNS INSTALLED 6 TOTAL SIGNS REPAIRED 8 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF JULY, 2004 07/07/04 AREA #2 REPAINT 51 LEGENDS 07/08/04 AREA #2 REPAINT 31 LEGENDS 07/12/04 CITYWIDE REPAINT 365 LF OF RED CURB 07/12/04 AREA #2 REPAINT 25 LEGENDS 07/13/04 LA SERENA REPAINT 39 LEGENDS 07/14/04 MARGARITA REPAINT 47 LEGENDS 07/26/04 MARGARITA, OVERLAND,YNEA REPAINT 19 LEGENDS 07/27/04 AREA #4 REPAINT 83 LEGENDS TOTAL NEW & REPAINTED LEGENDS 295 NEW & REPAINTED RED CURB & STRIPING L.F. 365 R:VAAINTAIMW KCOWLTDWRMINO .OS Y REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date O 1 wish to speak on Agenda Item No. For Against Subject: City/State/Zip: �PCm2Culp C� T�-S� If you are representing an organization or group, please give the name: 1-3 / / The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date k_27-0 1 wish to speak on Agenda Item No. For Against Subject: /4 A 1-T- QcSA Name: �C�%L!/� �r�C l� Phone: Address: City/State/Zip: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date , _ Ly - y For Name: r3 I wish to speak on Agenda Item No. FAmcpi Against ct, = 0 W\ 6-3 Address: City/State/Zip: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date ( ^2 L�QJ I wish to speak on Agenda Item For Against T Subject: Name: 0 -T T n Address: ` ` City/State/Zip If you are representing an organization or group, please give the name: �sAIVT)0J65� The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date -4; - D L I wish to speak on Agenda Item No. Subject: For Against . ne: If you are representing an organization or group, please give the name: C 1-1-oGti The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 02- O 1 wish to speak on Agenda Item No. For Against Subject: /O Name: fKAt2 L J. KRAI'P f4 Phone: , City/State/Zip: ZLwPc�g)lcz If you are representing an organization or group, please give the name: J "-�/'w The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record.