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HomeMy WebLinkAbout2023-08 CC ResolutionRESOLUTION NO.2023-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THREE QUITCLAIM DEEDS CONVEYING TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CERTAIN EASEMENTS DEDICATED TO THE PUBLIC PURSUANT TO DECLARATIONS OF DEDICATION RECORDED ON JULY 26, 1989 AS INSTRUMENT NUMBERS 249221, 249222, AND 249223 IN CONNECTION WITH THE LONG VALLEY WASH CHANNEL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. The City has been working with Riverside County Flood Control and Water Conservation District ("District") to ensure that the District has the rights necessary to maintain the Long Valley Wash Channel improvements. B. On May 23, 1989 the District executed the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement. Paragraph 9 of Section I of the Cooperative Agreement required that upon completion of construction of the project, the easements for the maintenance of the Long Valley Wash Channel would be transferred to the District. The storm drain facility was constructed and accepted for maintenance by the District in 1992 but the right of way was never transferred to the District as set forth in the Cooperative Agreement. C. Although the easements required for the Long Valley Wash Channel were dedicated to the public prior to the City of Temecula's (City) incorporation, and the County Board of Supervisors consented to the recordation of the Declarations of Dedication recorded on July 26, 1989 as Instrument Numbers 249221, 249222, and 249223, the dedications were not accepted by the County of Riverside or the District prior to the City's incorporation. Accordingly, the easements that are the subject of the Declarations of Dedication are located in the City's jursidiction. The City seeks to transfer to the District its interests in the attached three (3) Quitclaim Deeds and the District seeks to acquire said interests for the maintenance of the Long Valley Wash Channel improvements. The attached Quitclaim Deeds would quitclaim to the District all of the City's interests in and to the easements described in the Declarations of Dedication, which consist of easement interests in portions of Tract Map 22716-1 (APNs: 954- 173-001, 954-173-002, 954-173-003, 954-173-004 and 954-173-005); a portion of Parcel Map 26766 (APN: 954-060-003); and a portion of Parcel Maps 22513 and 38110 (APNs: 954-030- 002 and 943-030-003). Section 2. Approval of Quitclaim Deeds. The City Council hereby approves the attached Quitclaim Deeds, with such changes as may be mutually agreed upon by Riverside County Flood Control and Water Conservation District and the City Manager. The City Manager is hereby authorized to execute the Quitclaim Deeds on behalf of the City. A copy of the final Quitclaim Deeds, when executed by the City Manager, shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to convey to Riverside County Flood Control and Water Conservation District the City's interest in the easements described in the Quitclaim Deeds. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of January, 2023. ATT Rand' ohl, City Clerk [SEAL] 1 Ze J— Zak Schwank, Mayor 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-08 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 241h day of January, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None . e ", 4 Randi Johl, City Clerk 3