HomeMy WebLinkAbout2023-78 CC ResolutionRESOLUTION NO.2023-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A GRANT DEED TO
TRANSFER CERTAIN REAL PROPERTY INTERESTS FOR
FREEWAY IMPROVEMENTS AND A GRANT DEED TO
RELINQUISH ACCESS RIGHTS TO THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE INTERSTATE-15 / STATE
ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT,
PW04-08
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.
B. In 2004, the City entered into a Cooperative Agreement (Agreement) with the State
of California, by and through the Department of Transportation (State or Caltrans) for the Interstate
15 / State Route 79 South Ultimate Interchange Project, PW04-08 (Project). Pursuant to the
Agreement, the City was responsible for acquiring the real property interests necessary to construct
the Project. Under the Agreement, the City agreed that it would transfer to the State the portions
of the right of way comprising the freeway improvements after construction of the Project for
inclusion in the State Highway System.
C. Pursuant to the Purchase and Sale Agreement entered into between the City and
Margarita Canyon, LLC as of November 10, 2004, the City acquired approximately 33.65 acres of
real property interests from Margarita Canyon, LLC for the purpose of constructing the Project.
D. Pursuant to the Purchase and Sale Agreement and All -Inclusive Settlement
Agreement and General Release entered into between the City and Front St. — Service Station, LP
as of June 20, 2013, the City acquired approximately 1.194 acres of real property interests from
Front St. — Service Station, LP for the purposes of constructing the Project.
E. Construction of the Project was completed in 2019 and accepted by the City and
Caltrans in 2020.
F. In accordance with Caltrans policies and procedures, and the cooperative agreement
between the City and State entered into as of December 7, 2004, the City seeks to:
(i) Transfer to the State approximately 7.1 acres of real property interests,
which encompass freeway improvements including the southbound on -
and off -ramps, as precisely described in Exhibit "A" to the first subject
Grant Deed.
(ii) Relinquish to the State approximately 142.07 linear feet of access rights,
at or near the southbound ramps termini, as precisely described in Exhibit
"A" to the second subject Grant Deed.
Section 2. Approval of the Grant Deeds. The City Council hereby approves the
attached Grant Deeds in substantially the form attached, with such changes as may be mutually
agreed to by the State of California, by and through the Department of Transportation, and the City
Manager. The City Manager is hereby authorized to execute the Grant Deeds on behalf of the
City. A copy of the final Grant 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 the
State the real property interests described in the attached subject Grant 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 10'' day of October, 2023.
1
ATTE
4
Randi ohl, City Clerk
[SEAL]
1
i!
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. 2023-78 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I Oth day of October, 2023, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 1 COUNCIL MEMBERS:
j
1
None
None
Brown
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Randi Johl, City Clerk
3
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th STREET, 6th FLOOR
SAN BERNARDINO, CA 92401-1400
Attention Record Maps— MS 980
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
APN 922-210-060
GRANT DEED
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
RIV
015
3.33
24121
The City of Temecula a municipal corporation,
a corporation organized and existing under and by virtue of the laws of the State of
California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of
Transportation, hereinafter called STATE, all that real property in the City of Temecula,
County of Riverside, State of California, described as follows:
See Exhibit 'A', attached.
08 - RIV 015 - PM 3.33 — 24121 (24121-1)
_7
Number
24121-1
The GRANTOR further understands that the present intention of the STATE is to
construct and maintain a public highway on the lands hereby conveyed and the
GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for
damages to GRANTOR's remaining property contiguous to the property hereby conveyed
by reason of the location, construction, landscaping or maintenance of the highway.
The City of Temecula, a municipal
Dated: corporation
By
Aaron Adams
City Manager
This is to certify that the State of California, acting by and through the Department of
Transportation (according to Section 27281 of the Government Code), accepts for public
purposes the real property described in this deed and consents to its recordation.
Dated: By
Director of Transportation
Attorney in Fact
08 - RIV 015 - PM 3.33 — 24121 (2412 1 -1)
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1
EXHIBIT "A"
Page 1 of 2
That portion of land, in the City of Temecula, County of Riverside, State of California,
being Parcel 1, Lot A, and Lot B of Parcel Map No. 28627-1 as shown by map on file in
Book 200, Pages 100 through 102, inclusive, of Parcel Maps, Records of said Riverside
County;
TOGETHER WITH a portion of the Remainder Parcel of said Parcel Map No 28627-1,
and a portion of Parcel "A" of that certain Lot Line Adjustment recorded November 14,
2000 as Instrument No. 2000-453433 of Official Records of said Riverside County,
described as follows:
BEGINNING at the most easterly corner of said Parcel 1:
thence along the general northerly line of said Remainder Parcel and its northerly
prolongation the following three (3) courses:
(1) South 72°49'49" West 309.88 feet;
(2) North 17'10'11" West 84.79 feet to the beginning of a tangent curve concave
easterly having a radius of 538.95 feet;
(3) northerly 198.86 feet along said curve through a central angle of 21 °08'25";
thence non tangent from said curve North 35°37'31" West 4.32 feet;
thence, course "A", South 01 000'47" East 349.05 feet to the beginning of a tangent curve
concave easterly having a radius of 326.06 feet;
thence, course "B", southerly 54.13 feet along said curve through a central angle of
09°30'40" to the beginning of a compound curve concave northeasterly having a radius
of 321.40 feet, a radial line at this point bears South 79028'33" West ;
thence, course "C", southeasterly 273.41 feet along said curve through a central angle of
48°44'27";
thence, course, "D", South 59'15'54" East 520.90 feet to the beginning of a tangent
curve concave southwesterly having a radius of 258.00 feet;
thence, course "E", southerly 125.25 feet along said curve through a central angle of
27°48'54";
thence, course "F", tangent from said curve South 31 °27'00" East 181.62 feet to the
easterly line of said Remainder Parcel;
thence along the easterly line of said Remainder Parcel the following three (3) courses:
08-RIV 015 - PM 3.33-24121 (24121-1)
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Page 2 of 2
(1) North 16' 18'36" West 345.49 feet;
(2) North 26°02'24" West 283.96 feet;
(3) North 32°40'30" West 418.72 feet to the POINT OF BEGINNING
This conveyance is made for the purpose of a freeway and the GRANTOR hereby
releases and relinquishes to the STATE any and all abutter's rights including access
rights, appurtenant to GRANTOR's remaining property, in and to the freeway over and
across courses "A", "B", "C", "D", "E" and "F" of the above described parcel and over and
across the following described line: BEGINNING at the northwesterly terminus of course
sited as "North 35°37'31"West 4.32 feet" thence continuing along said line North
35°37'31" West 51.84 feet to a non -tangent curve concave southerly having a radius of
743.94 feet, a radial line of said curve bears North 00043'36" East; thence along said
curve westerly 104.18 feet through a central angle of 08001'26" to the POINT OF
TERMINATION of this line.
Together with underlying fee interest, if any, contiguous to the above -described property
in and to the adjoining public way.
CONTAINING: 7.21 Acres, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983 (2004.00 epoch), Zone VI. Divide all distances by
0.999914767 to obtain ground level distances.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
The attached real property description has been prepared by me, or under my direction,
in conformance with the Professional Land Surveyors' Act.
Signature
1�,J—
Jojk Duquefte,41S 7566
Date
�4�AL [ANC
a
08-RIV 015 - PM 3.33-24121 (24121-1)
lq L.S. 7566
f EXP.12/31/263 �Q
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1
RECORDING REQUESTED BY
When Recorded Mail To
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th STREET, 6th FLOOR
SAN BERNARDINO, CA 92401-1400
Attention Record Maps— MS 980
FREE RECORDING:
This instrument is for the benefit of The State of
California, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN 922-110-036
GRANT DEED
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08
RIV
015
3.54
24122
The City of Temecula a municipal corporation,
a corporation organized and existing under and by virtue of the laws of the State of California,
Being the owner(s) of that certain real property in City of Temecula, County of Riverside, State of California,
described in that certain Grant Deed recorded February 14, 1997 as Instrument No. 050647 of Official
Records of the County Recorder of said Riverside County, do hereby release and relinquish to the STATE
OF CALIFORNIA for the purpose of a freeway, any and all abutter's rights, including access rights,
appurtenant to the above described real property in and to said freeway.
See Exhibit "A", attached.
08 - RIV 015 - PM 3.54 - 24122 (24122-1)
Number
24122-1
The City of Temecula, a municipal
Dated: corporation
By
Aaron Adams
City Manager
This is to certify that the State of California, acting by and through the Department of Transportation
(according to Section 27281 of the Government Code), accepts for public purposes the real property
described in this deed and consents to its recordation.
Dated:
1
1
By
Director of Transportation
By
Attorney in Fact
08 - RIV 015 - PM 3.54 - 24122 (24122-1)
u
EXHIBIT "A"
Page 1 of 2
RELINQUISHMENT OF ACCESS RIGHTS, across that certain real property, as
described herein,
Real property situated in the City of Temecula, County of Riverside, State of California,
described as follows:
Parcel (24122-1)
Being a portion of Lot 11 in Block 32 of "Town of Temecula", in the City of Temecula,
County of Riverside, State of California as shown by map on file in Book 15 of Maps,
Page 726 Records of San Diego County, California, limits of the Relinquishment of
Access Rights in and to the adjacent highway right of way described as follows:
BEGINNING at the northeast corner of said Lot 11;
Thence along the easterly line of said Lot 11 South 15041'16" East 6.48 feet to the
beginning of a non -tangent curve concave westerly having a radius of 386.97 feet, a
radial line of said curve to said point bears North 87009'33" West;
Thence leaving said easterly line the following three (3) courses:
(1) Southerly 20.50 feet along said curve through a central angle of 03°02'09"
(2) Non -tangent from said curve South 43006'11" West 37.59 feet to the beginning of
a non -tangent curve concave southerly having a radius of 843.93 feet, a radial line
of said curve to said point bears South 01 °31'39" West;
(3) Westerly 77.50 feet along said curve through a central angle of 05015'42" to a
POINT OF TERMINATION.
Together with underlying fee interest, if any, contiguous to the above -described property
in and to the adjoining public way.
CONTAINING: 142.07 lineal feet, more or less.
08-RIV 015 - PM 3.33-24121 (24122-1)
Page 2of2
The bearings and distances used in the above description are based on the California
Coordinate System of 1983 (2004.00 epoch), Zone VI. Divide all distances by
0.999914767 to obtain ground level distances.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
The attached real property description has been prepared by me, or under my direction,
in conformance with the Professional Land Surveyor's Act.
Signature
Jo R. Duquette, 7566
Date b(►31z3
1
1
08-RIV 015 - PM 3.33-24121 (24122-1)
j4
JOHN R.
DUQUETTE
L.S.7566
s
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\� CAL1F