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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 e� 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) 1 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) 1 1 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 �F OF C 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 �P \� CAL1F