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HomeMy WebLinkAbout2023-60 CC ResolutionRESOLUTION NO.2023-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A QUITCLAIM DEED FOR THE TRANSFER TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT OF THE CITY OF TEMECULA'S INTEREST IN AND TO A CERTAIN EASEMENT FOR STORM DRAIN AND DRAINAGE PURPOSES DEDICATED TO THE PUBLIC PURSUANT TO TRACT MAP 37368 AND TRACT MAP 37341-13 IN CONNECTION WITH THE SOMMERS BEND SOUTH LOOP ROAD IMPROVEMENTS 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 certain storm drain and drainage improvements constructed in connection with the Sommers Bend South Loop Road. B. On January 1, 2005, the Joint Community Facilities Cooperative Agreement for Temecula Public Financing Authority Community Facilities District (CFD) No. 03-02 Roripaugh Ranch (Cooperative Agreement). The Cooperative Agreement required that upon completion of construction of the storm drain and drainage improvements constructed in connection with the Sommers Bend South Loop Road, the easements for the maintenance of said flood control improvements would be transferred to the District. The District has found the flood control improvements were constructed in accordance with the plans and specifications. C. The City seeks to quitclaim to the District the City's interests in and to the subject storm drain and drainage easements that were dedicated to the City pursuant to the Tract Map 37368, which was recorded on July 25, 2019 at Pages 89-98 of Book 468 of Official Records of the County of Riverside. The City Clerk's Statement on Tract Map 37368 confirms that the City accepted the storm drain and drainage easements dedicated on said map. D. The City also seeks to quitclaim to the District the City's interests in and to the subject drainage easement dedicated to the public pursuant to Tract Map 37341-13, which was recorded on July 16, 2020 at Pages 87-93 of Book 473 of Official Records of the County of Riverside. The City Clerk's Statement on Tract Map 37341-13 confirms that the City accepted the easement for public drainage purposes dedicated on said map. 1 E. The subject storm drain and drainage easements dedicated pursuant to Tract Map 37368 and Tract Map 37341-13 are located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 964-770-010, 964-770-011 and 964-770-012. The City's quitclaim to the District of the subject storm drain and drainage easement described more particularly in the Exhibits to the attached Quitclaim Deed is consistent with the terms of the Cooperative Agreement. Section 2. Approval of Quitclaim Deeds. The City Council hereby approves the attached Quitclaim Deed, 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 Deed on behalf of the City. A copy of the final Quitclaim Deed, 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 quitclaim to Riverside County Flood Control and Water Conservation District the City's interest in and to the subject storm drain and drainage easement described more particularly in the Quitclaim Deed. 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 11t' day of July, 2023. ATTEST: Randi J Clerk [SEAL] 1 e: X�- Zak Schwank, Mayor 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. 2023-60 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 f day of July, 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 Randi Johl, City Clerk 3 250164 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) SPACE ABOVE THIS LINE FOR RECORDER'S USE Santa Gertrudis Valley - The undersigned grantor(s) declare(s) South Loop Road Storm Drain, Stage 2 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Sommers Bend Storm Drain ENTITY OR POLITICAL SUBDIVISION R&T 11922 Project No. 7-0-00327 Tract No. 37368/TR 37341-13 APNs 964-770-010, 964-770-011 and 964-770-012 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 to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, all right, title and interest in and to that said storm drain easement dedicated for the purpose of construction and maintenance of flood control facilities, located in real property situated in the city of Temecula, County of Riverside, State of California, described as follows: See legal description attached hereto as Exhibit "A" and "B", and made part hereof, to be referenced hereafter as RCFC Parcel No. 7327-500. Date ATTESTS: Randi Johl, Clerk to the City of Temecula By: City Clerk CITY OF TEMECULA, a municipal corporation: Zak Schwank, Mayor (SEAL) 1 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from CITY OF TEMECULA ("Grantor"), a municipal corporation to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body corporate and politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: Project: Santa Gertrudis Valley — South Loop Road Storm Drain, Stage 2 Sommers Bend Storm Drain Project No. 7-0-00327 RCFC Parcel No. 7327-500 AU:amh RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT M. JASON E. UHLEY General Manager -Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT EXHIBIT "A" LEGAL DESCRIPTION SANTA GERTRUDIS VALLEY - SOMMERS BEND STORM DRAIN, LINE G Parcel No. 7327-500 APN: 964-770-010 / 964-770-011 / 964-770-012 In the City of Temecula, State of California, being that certain Storm Drain Easement, noted as Easement Note No. 18, over a portion of Lot 14, Tract No. 37368, filed in Book 468, Pages 89 through 98, inclusive, of Maps, records of said County. Containing 5,914 square feet / 0.136 acres more or less. See Exhibit "B" attached hereto and made a part hereof. 5 R. Mc�� JA>MS R. McNEILL NO. 7752 * EXP. 12/31 /23 * Land Surveyor No. 7752 '4"tn.,,,, Date: 2/23/23 Page 1 of 1 I EXHIBI T "B" i J/F z7f N1029.02 E (R) _�� N4257'43 E (R) D a='T .46 5Y N1475 53'E (R) R=7T0 0 p, /- N6020'31 £ (R) 107 I4 ca,rs8s, t�11�1Gl�G�Qp,�;ger? F AMITS Sf N70 08'12""E (R) CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 6=94742" 135.00' 23.08' C2 6=277029' 105.00' 49.80' --------------------------------------- N 30' N gA --------------------------------- --- ----------- -- N GRAPHIC SCAL E 0' 40' 1 INCH = 40 FEET i-IrRIMON VIP! Z 1, �i ?i4 T Ck EASEMENT NOTE NO. 18 N70'08'12 E (R) CENTERLINE FOR PRIVATE ACCESS AND PRIVATE UTILITY EASEMENT PER EASEMENT NOTE NO. 16 OF TRACT MAP NO. 37368 MB 468/89-98 \7- ---------------------------Jp ---------------------------- 0 �'(I')IFIX PA) SURFSM,"OFIFM . 3J Pig IMl-ol AW1,,6 di05 4'cn 44 GI10, 12"E �030.00 N LEGEND: EXISTING RIGHT OF WAY ------ EXISTING EASEMENT — - — EXIS77NG CENTERLINE PORTION DESCRIBED IN -'" EXHIBIT A" RI VERSIDE COUNTY FLOOD CONTROL AND WA TER CONSERVA 77ON DISTRICT 1995 MARKET STREET, RIVERSIDE, CA. 92501 PRaiECT NAME.• SOWERS SEND STORM DRAIN, UNE 0 SCALE 1 "= 40' DRAW BY BMW RCFC-wc0 PARCEL MAWER(S). 7327-500 0AIF` o212.5123CHECK BY SO RCFC- wD PRa,ECT N/MBER. SHEET NO. 7-0-00327 1 OF 1