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HomeMy WebLinkAbout06-061 CC Resolution I I I RESOLUTION NO. 06-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT TO RANCH CALIFORNIA WATER DISTRICT FOR THE PURPOSE OF CORRECTING A PREVIOUSLY RECORDED EASEMENT LOCATED WITHIN PALA COMMUNITY PARK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City of Temecula constructed improvements at the Pala Community Park in 1994 resulting in the installation of a water system for the park, and said system required the installation of pipelines and appurtenant structures by Rancho California Water District (RCWD); and, WHEREAS, Rancho California Water District required the grant of an easement in order to maintain said pipelines and appurtenant structures; and, WHEREAS, The Grant of Easement with attached legal description and plat map was recorded with the County Recorder's Office on January 18,1994; and, WHEREAS, Certain errors in the legal description and plat map of said easement were recently discovered by Rancho California Water District; and, WHEREAS, Rancho California Water District requires the recordation of a revised Grant of Easement that includes the corrected legal description labeled Exhibit "A" and the plat map labeled Exhibit "B" attached hereto in order to provide continued access to said pipelines and appurtenant structures; and, WHEREAS, the City Council of the City of Temecula hereby desires to grant to Rancho California Water District said revised easement to provide continued access to said pipelines and appurtenant structures; THEREFORE, BE IT RESOLVED, that the City Council approved that certain 'Grant of Easement' attached hereto as Exhibit 1 and authorizes the Mayor to execute the Grant of Easement on behalf of the City. Exhibits A and B are exhibits to the Grant of Easement and not the Resolution.. R:/Resos 2006lResos 06-61 I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of July, 2006. ~l- Ron Roberts, Mayor ATTEST: [SEAL] I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-61 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of July, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None I LJ R:/Resos 2006lResos 06-61 2 I EXHIBIT "A LEGAL DESCRIPTION BEING PORTIONS OF LOTS 88 AND 89 OF TRACT 21067 RECORDED IN BOOK 231, PAGES 41 THROUGH 48 INCLUSIVE OF MAPS, OFFICAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTHERLY RIGHT OF WAY LINE OF CANTERFIELD DRIVE AS SHOWN ON SAID MAP, AT THE COMMON CORNER OF LOTS 34 AND 88 OF SAID MAP; THENCE, ON THE COMMON LINE OF SAIDLOTS 34 AND 88 NORTH 03024'06" EAST 115.44 FEET TO THE NORTHERLY COMMON CORNER OF SAID LOTS 34 AND 88, SAID POINT BEING COMMON WITH THE SOUTHERLY LINE OF SAID LOT 89 AND THE BEGINNING OF A NON-TANGENT CURVE CONCA VENORTHERL Y, HAVING A RADIUS OF 5500.00 FEET, TO WHICH A RADIAL LINE BEARS soum 02040'36" WEST; THENCE, EASTERLY ON THE COMMON LINE OF SAID LOTS 88 AND 89 AND ON SAID CURVE THROUGH A CENTRAL ANGLE OF 0046'01" AN ARC LENGTH OF 73.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID LINE, SOUTH 12046'21" EAST, 9.88 FEET; THENCE, SOUTH 87001'09" EAST 10.00 FEET; I THENCE, NORTH 12046'21" WEST 20.llO FEET TO THE SOUTHERLY SIDELINE OF THE ENDING COURSE OF PARCEL 1 AS DESCRIBED IN DOCUMENT NO 2006- THENCE, ON SAID SOUTHERLY SIDELINE NORm 87001 '09" WEST 10.00 FEET; THENCE, LEAVING SAID SIDELINE, SOUTH 12046'21" EAST, 10.12 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING: 192 SQ. FT., MORE OR LESS. SEE PLAT ATTACHED HERETO FOR REFERENCE ONLY. I 06024 RCWD EASEMENT.doc I EXHIBIT "B" LOT 89 TR 21067 MB --- lk: '--' r- - N87'01'Q9"W - -i I 10.00' I l ~ . CD '" '0 ':'1' '" o Ul \ I \ EXISTING EASEMENT PER \ DOCUMENTS RECORDED \ JANUARY 18, 1994 \ AS DOC.U 018853 \ AND DOC. # I \ 2006- \ \ . \-15'+15'-\ \ \ \ \ \ \ LOT 88 \ \ \ ~ TR 21067 \ \ \ z MB 231/41-48\ \ \ P.O.C. \ \ \ \ \ \ ( LOT 34 TR 21067 MB 231/41-48 b N ~ v L(j ~ ~ ~ ~ 'Z Gl ~ ~ I II w -' <( u Ul ,w CD o ~ . - I \ cle . . - -~ gCLE ENGINEERING, INC. ~ 41601 Date st. Murrieta, CA. 92562 Phone: 951.698.1830 fox: 951.698.8656 DATE:4/D5 06 JOB NO. 06024.102 DRAWN BY:JM .-, Rcconlmg Requesl<d by RANCHO CALIFORNIA WATER DISTRICT After Recordation Rctum to: I Rancho California Wafu District 42135 WincheSter Road Post Offico Box 9017 T=ula, CA 92589-9017 Space Above This Line for R.ecorder's Use I GRANT OF EASEMENT ,- FOR VALUABLE CONSIDERATION. =ipl .fwhich is hereby acknowledged, City ofTemecula, a Munlclpal Corporation hereby GRANf(S) to RANCHO CALIFORNIA WATER DlSIR1Cf. a public corpora1ion, a perpetual non.exclusive easement and .right.of.way for a monitoiing weU, to~thCJ with incidental appurtenances. connections. and sbuchues in. oVer: under. upon. along. through. and across Ihe real property situated in the County of Riverside, State ofCalifomia, hereinafter descn"bed: See EmIblts"A" and "B", Attached and Made a rart Hereo! together with the right to grade: and improve said right-of-way and to enter upon and to pass and repass over and along said strip orland for the cOnstmction. opcratio~ and maintcna:ncc of the faciHtiC$ to be: coZl$bucted in said eascmCDts by the RANCHO CALIFORNIA WATER DlSTRICT, - III is understood and agreed lhat the easements and rights~of-.way acquired herein are subject to the right oCthc owner. his successors and . assigns. to US8 tho ~ of lito I~d within Ihe bO\Uldo;ry line, of said easements and rights-of-wat to the extent that sw;h uso is compatible with the full and free aerciac of said easements and rights-of-way by the RANCHO CALIFORNIA WATER DISTRlCl'; . provided; however, that DO fences, block walls Dr other s~ or other improvements shall be constructed upon, over, and along said casements and rigbts-of-waywithout first'ObtaiDing the written consent of1hc RANCHO CALIFORNIA WATER DISTRlCf. No fiJJ or paVing of any nature shaD be placed or maintained over the surface of the ground, nor shall any earth be remDVCd .from the cover. of said pipeline alter constructiou, without fusr oblaining the written approval of the RANCHO CALIFORNIA WATER DISTRICf. IN WITNESS WHEREOF. this instrument bas been executed this ----:-- day of 2006. CITY OF~ULA CERTIFICATE OF ACCEPrANCE This is ~ certify tbo.t tho interesr in real property c.onveyed by the deed or grant dated 2906 from By: Roa Robcds, M.-yor ATl'EST, . to. Rancho California W~ District, a public agency and subdivisi~ in Ibc State of California. is hCleby accepted by order of the undersigned officer on behaJf of-the Board of Directom pumwil to the authority conferred by Resolution No. 2004-5-2 of Ihe Board of Direclonii adopted on May 13, 2004 .and 'the grnnlcc consenl5 10 recordation thereof by its duly aulhori2ed officer: . By: SisanW.JODCI,MM'C CilyOok APPROVED AS TO FORM: DATED, .2006 By:~ . ~ttet M. Thmswt, CiIJ Atlomey I RANCHO CALIFORNIA WATER DISTRICl By: BrIulJ.~.OencraIM_sr:r 06\A.W;lm\Gnnto(Eucmcne CilyoCTClnCalb