HomeMy WebLinkAbout2023-15 CC ResolutionRESOLUTION NO.2023-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, ACCESS AND RELATED
IMPROVEMENTS FOR THE NICOLAS ROAD FROM
BUTTERFIELD STAGE ROAD TO THE CALLE
GIRASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-090-019) AND
MAKING FINDINGS THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO SECTION 15162 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES AND
SECTION 21166 OF THE PUBLIC RESOURCES CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County
of Riverside, State of California.
B. The City originally approved the Development Agreement between the City of
Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development
Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on
January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of
Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to
the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated
February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as
Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement
Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July
3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the
Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April
20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276.
Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a
California corporation are the successors to certain of these approved applications for
development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or
"Development Project").
C. To facilitate the orderly development of the Sommers Bend Project, the Third
Amendment to the Development Agreement was approved subject to certain conditions set forth
on Exhibit D (New Attachment 5-A to Development Agreement) to said Third Amendment.
Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring
Developer to construct certain public improvements in connection with Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Connection:
Description of Public Improvement. Complete engineering design and construct
full Nicolas Road improvements from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to
provide for all required engineering design, construction plans, CEQA analysis &
processing, environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood Control and
Water Conservation District permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with
the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource
Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection should be combined with the
permits for the Santa Gertrudis Creek Channel improvements downstream of the
existing culverts at Butterfield Stage Road and processed and obtained as a single
package.
D. The Project requires the acquisition of an approximate 16,956 square foot
permanent maintenance and access easement, an approximate 648.59 square foot public utility
easement in favor of Southern California Edison, and an approximate 29,630 square foot
temporary construction easement with a term of twelve months on the real property located at
39280 Deputy Road, Temecula, and identified as Riverside County Tax Assessor's Parcel
Number 957-090-019 described more particularly at Section 4 below.
E. Pursuant to California Government Code Section 66462.5, when a condition of a
subdivision map approval or a development agreement requires the installation or construction of
improvements on offsite property not owned or controlled by a developer, and title cannot be
obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site
property by eminent domain or such off -site improvement conditions will be waived. Pursuant
to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to
allocate the costs and responsibilities for acquisition of such off -site property. The City and the
developer of the Sommers Bend Project entered into that certain Agreement Pursuant to
Government Code Section 66462.5 Between Woodside 055, LP and Wingsweep Corporation, on
the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property
Interests (Calle Girasol/Nicolas Road Connection) as of April 12, 2022 in connection with the
subject offsite public improvements.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of
Temecula adopts Resolution No. 2023-15, A Resolution of the City Council of the City of
Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and
Authorizing the Acquisition Thereof in Connection with the Public Street, Drainage, Access and
Related Improvements for the Nicolas Road from Butterfield Stage Road to the Calle
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Girasol/Nicolas Road Connection (Certain Property Interests on APN 957-090-019) and Making
Findings that No Further Environmental Review is Required Pursuant to Section 15162 of the
California Environmental Quality Act Guidelines and Section 21166 of the Public Resources
Code.
A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by
eminent domain of the approximate 16,956 square foot permanent maintenance and access
easement, an approximate 648.59 square foot public utility easement in favor of Southern
California Edison, and an approximate 29,630 square foot temporary construction easement with
a term of twelve months described more particularly in Section 3 below public use, namely for
the construction of certain public off -site improvements, consisting of public street, drainage,
access and related improvements, and all uses necessary or convenient thereto in connection with
the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas
Road pursuant to the authority conferred on the City of Temecula to acquire real property by
eminent domain by Section 19 of Article 1 of the California Constitution, Government Code
Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure
Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law.
Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be
exercised to acquire property only for a public use. Where the Legislature provides by statute
that a use, purpose, object, or function is one for which the power of eminent domain may be
exercised, such action is deemed to be a declaration by the Legislature that such use, purpose,
object, or function is a public use." Government Code Section 66462.5(c) authorizes the City
and the developer of a project for which the construction of offsite improvements are required to
enter into an agreement requiring the developer to complete the improvements pursuant to
Government Code Section 66462 at such time as the City acquires an interest in the land that will
permit such improvements to be constructed. Government Code Section 66462.5(a) provides
that a city or county may "acquire by negotiation or commence eminent domain proceedings
pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure
to acquire an interest in the land which will permit the improvements to be made, including
proceedings for immediate possession of the property under Article (commencing with Section
1255.410) of Chapter 6 of that title."
Section 3. Subject Properly Interests. The City hereby authorizes the acquisition by
eminent domain of the following property interests (referred to below collectively as the
"Subject Property Interests") on the real property located at 39280 Deputy Road, Temecula, and
identified as Riverside County Tax Assessor's Parcel Number 957-090-019 for public use,
namely for the construction of certain public improvements, consisting of public street, drainage,
access, public utility and related improvements, and all uses necessary or convenient thereto in
connection with the improvements for the Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection:
• An approximate 16,956 square foot permanent maintenance and access
easement described more particularly on ATTACHMENT C and depicted on
ATTACHMENT D attached hereto and incorporated herein by this reference.
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• An approximate 648.59 square foot public utility easement in favor of
Southern California Edison described more particularly on ATTACHMENT
C-1 and depicted on ATTACHMENT D-1 attached hereto and incorporated
herein by this reference.
• An approximate 29,630 square foot temporary construction easement with a
term of twelve months to facilitate the construction of the Project with a
covenant that would authorize the construction of certain rip -rap and related
improvements to protect the related street and drainage improvements from
erosion and flooding and to construct an access driveway to the Nicolas Road
improvements described more particularly on ATTACHMENT C-2 and
depicted on ATTACHMENT D-2 attached hereto and incorporated herein by
this reference.
A rough depiction of the improvements that will be constructed within the
Permanent Maintenance and Access Easement and the Temporary
Construction Easement is attached as ATTACHMENT E hereto and
incorporated herein by this reference.
Section 4. Environmental Review.
A. The environmental effects of the Project and the acquisition of the real property
interests needed for the Project were studied and analyzed as an integral part of the
Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the
California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq.,
and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On
November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of
Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan,
Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning
Application 94-0076). Said environmental documents are incorporated herein by this reference.
Since the adoption of the EIR, five EIR Addendums have been prepared for the Development
Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.
B. On January 10, 2023, City Staff reviewed the environmental documentation
prepared in connection with the Development Project in connection with Staff s review of the
proposed acquisition of the Subject Property Interests for the Project. City Staff reviewed the
EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the
EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018,
the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR
adopted on January 14, 2020, and determined that the Project and acquisition of the Subject
Property Interests needed for the Project are consistent with the EIR and Addenda to the EIRs.
Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the
Public Resources Code, City Staff concluded that no substantial changes have occurred in the
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Development Project, no substantial changes have occurred in the circumstances under which the
Development Project is undertaken, and the City has obtained no new information of substantial
importance that would require further environmental analysis. These environmental findings are
the appropriate findings with respect to the proposed acquisition of the Subject Property Interests
for the Project. The above documents are referred to below collectively as the `Environmental
Documents".
Section 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to construct the public street, drainage, access, public utility and related
improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road. The Subject Property Interests are required to protect
the street improvements that will be constructed within the existing right of way as part of the
construction and extension of Nicolas Road from erosion. The Subject Property Interests are
required for the construction of drainage purposes in connection with the Project, including
construction of culverts, and related improvements, to protect the street improvements from
flooding, and to provide access to the permanent maintenance and access easement.
C. The Project, as planned and located, is consistent with the circulation and street
system in the Roadway Plan depicted in the City of Temecula General Plan (Figure C-2).
Construction of the drainage improvements and rip rap in the permanent access and maintenance
easement portion of the Subject Property Interests is necessary to protect the street improvements
from erosion and flooding. The drainage and rip -rap improvements will also help minimize
flooding on the remainder portions of the Property.
D. The Project is planned and located in the manner that is most compatible with the
greatest public good and the least private injury. The Project, as planned and designed, seeks to
minimize the impact on private parcels. The Subject Property Interests are located in the
portions of the Property within the Long Valley Wash, a natural flood control channel that
experiences flooding during rain events. The drainage and rip -rap improvements will help
minimize flooding on the remainder portions of the Property. The construction of the Project
will not result in the displacement of any persons because the residence located on the Property
are not located in the area of the Subject Property Interests. Based on the timing of the Project, it
is necessary that the City consider the acquisition by eminent domain of the Subject Property
Interests to proceed with the construction of the public street, drainage, rip -rap, access, public
utility and related improvements for the Project.
E. The public use for which the City seeks to acquire the Subject Property Interests
in connection with the Project, namely for public street, drainage, access, public utility and
related improvements, and all uses necessary or convenient thereto in connection with the Project
will not unreasonably interfere with or impair the continuance of the public use to which any
easement holders may have appropriated the areas (Code of Civil Procedure Section 1240.510).
Section 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of
Temecula obtained a fair market value appraisal of the Subject Property Interests and the
Property. The City set just compensation for the Subject Property Interests in accordance with
the fair market values. The City retained Overland Pacific & Cutler ("OPC") as its acquisition
consultant to assist the City with the City's good faith negotiations for the acquisition of the
Subject Property Interests. On October 4, 2022, the City extended a written offer pursuant to
Government Code Section 7267.2 to the owners of record, Sohan Singh and Kuldip Kaur Singh.
The offer letter contained an appraisal summary statement that described the zoning, highest and
best use of the Property explained the appraiser's valuation methodology, and included the
comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable
costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section
1263.025. Further, the offer letter included an eminent domain pamphlet that explained the
eminent domain process and the rights of the record owners. OPC contacted the record owners
several times and OPC was informed by Mr. and Mrs. Singh's daughter, that the owners had
determined to obtain their own independent appraisal. They also requested that the surveyor
stake the areas of the Singh Property Interests. The owners canceled the staking scheduled in
December 2022. The staking was tentatively rescheduled for the week of January 30, 2023. The
Parties have not reached an agreement for the City's acquisition of the Subject Property Interests
at this time.
Section 7. Notice Pursuant to Code of Civil Procedure Section 1245.235. Pursuant to
Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail
dated January 24, 2023 to the owners of record, Sohan Singh and Kuldip Kaur Singh, the record
owners of the Subject Property Interests. The letter and notice informed the record owners of the
City's intent to consider at its February 14, 2023 meeting, the adoption of a Resolution of
Necessity for the acquisition by eminent domain of the Subject Property Interests in connection
with the Project. The noticed advised the record owners of their right to appear and be heard
regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen
(15) days of the date the notice was mailed, a written request with the City to appear at the
hearing. The notice specifically informed the record owners of the Subject Property Interests
that the record owners have an opportunity to appear before the City Council and raise questions
about whether the public interest and necessity require the Project; whether the Project is planned
or located in the manner that will be most compatible with the greatest public good and the least
private injury; and whether the Subject Property Interests the City seeks to acquire from the
owners of record are necessary for the Project. On January 25, 2023, City Staff sent a courtesy
copy of said notice by electronic mail to the record owners' daughter.
Section 8. Based on the evidence presented at the hearing regarding the acquisition of the
Subject Property Interests for the Project, including the Agenda Report, the documents
referenced therein, and any oral or written testimony at the hearing, the City Council hereby
finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
C. The Subject Property Interests, consisting of the approximate 16,956 square foot
permanent maintenance and access easement described more particularly on ATTACHMENT C
and depicted on ATTACHMENT D hereto, the approximate 648.59 square foot public utility
easement in favor of Southern California Edison described more particularly on
ATTACHMENT C-1 and depicted on ATTACHMENT D-I hereto, and the approximate 29,630
r.1
square foot temporary construction easement with a term of twelve months to facilitate the
construction of the Project with a covenant that would authorize the construction of certain rip -
rap and related improvements to protect the related street and drainage improvements from
erosion and flooding and to construct an access driveway to the Nicolas Road improvements
described more particularly on ATTACHMENT C-2 and depicted on ATTACHMENT D-2
hereto are necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2 to the
owners of record of the Subject Property Interests the City seeks to acquire.
Section 9. The findings and declarations contained in this Resolution are based upon the
record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference and testimony and/or comments
submitted to the City by the record owner or the owner's representative(s). These documents
include, but are not limited to the City of Temecula General Plan, the documents relating to the
Sommers Bend Development, offer letter sent to the owner pursuant to Government Code
Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and
Environmental Documents relating to the Development Project.
Section 10. Authorization to File Eminent Domain Proceedina. The City Attorney's
Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a
court of competent jurisdiction to acquire the Subject Property Interests, consisting of the
approximate 16,956 square foot permanent maintenance and access easement described more
particularly on ATTACHMENT C and depicted on ATTACHMENT D hereto, the approximate
648.59 square foot public utility easement in favor of Southern California Edison described more
particularly on ATTACHMENT C-1 and depicted on ATTACHMENT D-1 hereto, and the
approximate 29,630 square foot temporary construction easement with a term of twelve months
to facilitate the construction of the Project with a covenant that would authorize the construction
of certain rip -rap and related improvements to protect the related street and drainage
improvements from erosion and flooding and to construct an access driveway to the Nicolas
Road improvements described more particularly on ATTACHMENT C-2 and depicted on
ATTACHMENT D-2 hereto.
Section 11. City Manager Authority. The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
Section 12. Certification. The City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 140' day of February, 2023.
ATTES .
Randi Jo 1, City Clerk
[SEAL]
1
1
2-'-z-4'X e�;X�
Zak Schwank, Mayor
1
u
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. 2023-15 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14t' day of February, 2023, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
None
None
None
-k)
Rands Johl, City Clerk
9
1
ATTACHMENT C
Legal Description of Permanent Maintenance and Access Easement
1
1
EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT
APN: 957-090-019
SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula, County of Riverside, State of Califomia, as
shown on the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the
Office of the County Recorder of said Riverside County, and as described in the grant deed
recorded February 10, 2014 as Instrument No. 2014-0055102 of Official Records in the office of
said Riverside County Recorder, described as follows:
COMMENCING at the southeasterly comer of Parcel 39, of said Parcel Map, said point being on
the centerline of Nicolas Road;
Thence leaving said southeasterly corner along the easterly line of said Parcel 39 North 07o35'19"
West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width)
as shown on said Parcel Map;
Thence along said northerly right-of-way line South 66000'22" West 108.51 feet to the TRUE
POINT OF BEGINNING;
Thence continuing along said northerly right-of-way line South 66000'22" West 150.33 feet;
Thence leaving said northerly right-of-way line North 69024'35" West 53.76 feet to the westerly line
of the land described in said grant deed;
Thence along said westerly line North 07035'19" West 73.74 feet;
Thence leaving said westerly line South 69024'30" East 26.90 feet;
Thence North 20035'30" East 85.93 feet;
Thence South 56019'20" East 116.19 feet;
Thence South 50°26'33" East 58.76 feet to the TRUE POINT OF BEGINNING.
Containing 0.39 Acres, or 16,956 Square Feet, more or less
This description was prepared CR��pAL LANpsG
by me or under my direction. o``' 9�
4 JOHN R. 0
DUQUETTE �
* T No.7566
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Date: 4. Z..'
n R. Duque e, PLS 7566 OF CAO 0P�j
Michael Baker International June 10, 2021
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
1
1
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ATTACHMENT D
Depiction of Permanent Maintenance and Access Easement
1
1
1
W'LY LINE PER
DEED REC.
2/10/2014 AS
INST. NO.
2014-0055102
O.R.
EXHIBIT B
PERMANENT MAINTENANCE EASEMENT
APN: 957-090-019
SINGH PROPERTY
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POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER PMB 1/44-46
DATA TABLE
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BEARING/DELTA
LENGTH
1
N07°35'19"W
57.33'
2
N50°26'33"W
58.76'
3
N69024'30"W
26.90'
4
N07°35'19"W
73.74'
5
N69'24'35"W
53.76'
LAND SU9
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SCALE: 1"=60'
SHEET 1 OF 1
INTERNATIONAL
1
1
ATTACHMENT C-1
Legal Description of Public Utility Easement
L
1
EXHIBIT E
SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019
SINGH PROPERTY
RECORDING REQUESTED BY
SOUTHFIN C.41IRMIS&A
EDISON
WHEN RECORDED MAIL TO
SOC1WRN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SCE Doc. No.
GRANT OF
EASEMENT
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX 5 NONE
VALLIF_A►b N4 RATION caT NSroo 2
Wddomar
TD1651367
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�.+ 957.090-019
VEWTATIONi
MANAGEMENT
gLANO LS/BT
10114J2021
SOHAN SINGH and KULDIP SINGH. husband and wife as joint tenants, (hereinafter referred to as "Grantor"), hereby
grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation. its successors and assigns (hereinafter refetrod to as
"Grantee"). an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect
and remove at any time and from time to time overhead electrical supply systems and communication systems (hereinafter
referred to as -systems"), consisting of poles, guy wires and anchors, crossarms, wires and other appurtenant fixtures and/or
equipment necessary or useful, for distributing electrical energy and for trarmwnitting intelligerue, data and/or communication.;
(eg. through fiber optic cable), in, on, over, along and across that certain real property in the County of Riverside, State of
California, described as follows:
VARIOUS STRIPS OF LAND LYING WITHIN THAT PORTION OF PARCEL 39 OF PARCEL MAP, AS PER MAP
FILED IN BOOK 1, PAGES 44 THROUGH 46 OF PARCEL MAPS, SAID PORTION IS MORE PARTICULARLY
DESCRIBED IN THE DEED TO THE GRANTOR HEREIN, RECORDED ON JANUARY 23. 2020 AS DOCUMENT
NO. 2020-0034390. OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, HEREINAFTER REFERRED TO AS "LAND", DESCRIBED AS FOLLOWS:
STRIP ul
A PORTION OF SAID "LAND", INCLUDED WITHIN A STRIP OF LAND, 10.00 FEET WIDE, THE CENTERLINE
OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 39, THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL 39, NORTH 08°09' 16" WEST 27.22 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING TIIE WESTERLY LINE OF SAID PARCEL 39. NORTH 81050'44" EAST 5.00 FEET; THENCE
NORTH 72016'42" EAST 275.51 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
NORTH 66032'46" EAST 207.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE
CONTINUING NORTH 66032'46" EAST 5.00 FEET TO A POINT OF ENDING.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE
POINTS.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID
"LAND".
SHEET 1 OF 4 1
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1
1
EXHIBIT E
SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019
SINGH PROPERTY
STRIP #2 (4.00 FEET WIDE)
THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE NORTH 15.00 FEET TO A POINT OF ENDING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE.
ALSO, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF
SAID "LAND".
STRIP #3 (4.00 FEET WIDE)
THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
BEGINNING AT SAID POINT "B' ; THENCE NORTH 15°21'23" WEST 15.00 FEET TO A POINT OF ENDING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE.
ALSO, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF
SAID "LAND".
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant
an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said
systems as constructed in, on, over, under, across, and along the Grantors) property.
This legal description was prepared by Spectrum Land Services pursuant to Sec. $730(c) or the Business do Profcssiom Code.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others,
without limitation, and the right to apportion or divide in whatever manner Grantec deems desirable, any one or more, or all, of
the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this
Grant of Easement.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the
right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and
the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush,
combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in
the opinion of Grantee, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted.
SHM 2 OF 4 1
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EXHIBIT E
SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019
SINGH PROPERTY
EXECUTED &6 is i , 20
GRANTOR
SOHAN SR"I and KULDIP SIINGH. husband and
wife as joint tenants
Sohan Singh
Kuldip Singh
A Notary Public or other officer completing this certificate verities only the ateunty of the individual who silmed the document to which this
certificate is attached. and not the truthfulness , or validity of that document.
State of California >
County of )
On before roe, a Notary Public, personally appeared
who proved to me on the basis of
satisfactory evidence to be the peneii(s) whtoee names) is are subscribed to the within instrument and acknowledged to me that beBhi:V"
executed the same in his9tee4beir audi rized capac"ies), and that by hwbevlheu signature(k) on the ina mnient the petson(s), or the entity
upon behalf of which the person(s) acted, executed the instnameni.
I certify under PENALTY OF PERJURY under the haws of the State of California dal the foregoing paragraph is tax and wffcct
WITNESS my hand and official seat.
Signature (Seal)
A Notary Public of other otTker completing this cenifieate veriflei oaly the identity of the individual who signal the document to which thei
oenificate n attached, and not the truthfulness, aauracy, or validityof that document.
Stale of California 1
County of )
On — -_—_— _ - —.-. before ate, a Notary Public, personally appeared
who proved no the on the basis of
satisfactory evidence to be the periods) wbme names) isuaro subscribed to the within ina mment and acknowledged to me that hdshv%hey
exeated the same in his-hallicir authorized apacityiks). and that by hi%,Iic their signaturds) on the instrument the penotrtal, or the entity
upon behalf of which the persou(s) acted, executed the i rA umcat.
I oenify under PENALTY OF PERJURY under the laws of the State of California that the foreyutrgt paragraph is true and amect.
WITNESS my hand and official seal.
Signature (Seal)
t DSE802052M
I D1651367
%EET 3 OF 4
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I
ATTACHMENT D-1
Depiction of Public Utility Easement
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1 10 14 2021
ATTACHMENT C-2
Legal Description of Temporary Construction Easement
1
EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-019
SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula, County of Riverside, State of California, as shown
on the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the Office of the
County Recorder of said Riverside County, and as described in the grant deed recorded February 10,
2014 as Instrument No. 2014-0055102 of Official Records in the office of said Riverside County
Recorder described as follows:
COMMENCING at the southeasterly comer of Parcel 39, of said Parcel Map, said point being on the
centerline of Nicolas Road;
Thence leaving said southeasterly corner along the easterly line of said Parcel 39 North 07035'19"
West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width) as
shown on said Parcel Map to the TRUE POINT OF BEGINNING;
Thence continuing on said easterly line North 07035'19" West 10.41 feet;
Thence leaving said easterly line South 66'03'15" West 60.64 feet;
Thence North 41 °16'26" West 51.00 feet;
Thence North 10°51'29" East 36.47 feet;
Thence North 79008'31" West 49.14 feet;
Thence South 10°51'29" West 62.94 feet;
Thence South 66003'15" West 11.75 feet;
Thence North 56016'23" West 123.84 feet;
Thence North 69045'31" West 56.47 feet to the westerly line of the land described in said grant deed;
Thence along said westerly line South 07°35'19" East 218.07 feet to the northerly line of said Nicolas
Road;
Thence leaving said westerly line along said northerly line of Nicolas Road North 66'00'22" East
308.23 feet to the TRUE POINT OF BEGINNING.
Containing 0.68 Acres, or 29,630 Square Feet, more or less LANDS&,
This description was prepared
by me or under my direction. p
O jONR
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cc a pUQUETTE
* No.7566
Date: Z.
Jo . DuquettLS 7566 9�FOF CA����
Michael Baker International June 10, 2021
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
1
1
ATTACHMENT D-2
Depiction of Temporary Construction Easement
1
1
11
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-019
6g °ti SINGH PROPERTY
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2/10/2014 AS
INST. NO.
2014-0055102
O.R.
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POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER PMB 1/44-46
DATA TABLE
®0
BEARING/DELTA
LENGTH
1
N07°35'19"W
57.33'
2
N07051'10"W
10.41'
3
N66003'15"E
60.64'
4
N41°16'26"W
51.00'
5
N10°51'29"E
36.47'
6
N79°08'31"W
49.14'
0
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SHEET 1 OF 1
INTERNATIONAL
1
1
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ATTACHMENT E
Rough Depiction of Improvements in Permanent Maintenance
and Access Easement and Temporary Construction Easement Areas
1
1
1
EXHIBIT C TO EXHIBIT B
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN
TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY
APN: 957-090-019
SINGH PROPERTY
60 30 0 60
60'
LEGEND:
LEGEND:
TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP RAP SLOPE EROSION PROTECTION
PERMANENT MAINTENANCE AND ACCESS EASEMENT
RESIDENTIAL DRIVEWAY
0 SCE EASEMENT
a�
el�
INTERNATIONAL