HomeMy WebLinkAbout96-008 CC Resolution RESOLUTION NO. 96-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, SUMMARILY VACATING
AN EXISTING THIRTY-SIX FOOT (36') ACCESS OPENING
EXCEPTION TO RESTRICTED ABUTTERS RIGHTS FOR
PARCEL 5 OF PARCEL MAP 22300 LOCATED ON
JEF'FERSONAVENUEBETWEENOVERLANDDRIVEAND
VIA MONTEZUMA DRIVE
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 as follows:
a. The "Owner's Statement" of Parcel Map 22300 provides for the dedication of certain
property within the boundary of the Parcel Map for street and public utility purposes
(known as "Jefferson Avenue").
b. The Owner's Statement further provides that the Owner will have no rights of access
to Jefferson Avenue, except for the general right of travel, and specifically excepts
therefrom "one thirty-six foot access opening in Parcel number 5". The legal description
of said Access Opening for Parcel 5 is set forth on Exhibit A, attached hereto and
incorporated herein by this reference.
c. The Owner of Parcel 5 of Parcel Map 22300 (hereinafter "Owner") now desires to
relocate the Access Opening for Parcel 5 by creating a new access opening on Parcel 5.
d. The City desires to effectuate the intention of the Owner by vacating the Access
Opening for Parcel 5 and accept the relocated access opening for Parcel 5.
e. Streets and Highways Code Section 8333 provides the authority for the City Council
to summarily vacate an access easement if the easement has been superseded by
relocation and there are no other public facilities located within the easement.
f. The Access Opening for Parcel 5 contains no public facilities and said access
easements are no longer necessary because the access opening will be relocated to
another portion of Parcel Map 22300 as a condition of this vacation.
Section 2. The Access Opening for Parcel 5, as legally described on Exhibit A, is
hereby vacated and shall no longer constitute an easement or right of way or other interest in
real property of the City of Temecula and shall revert to the Owner. This vacation is subject
to the condition, and this Resolution shall not be recorded, until such time as the City Engineer
Resos\96-08
has accepted and approved a document to be recorded concurrently with this Resolution
relocating the Access Opening for Parcels 5 to an alternate location on Parcel Map No. 22300
as approved by separate action of the City Council.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on the 23rd day of January, 1996.
F.Lindemans, Mayor
ATTEST:
u@ne . reek, CMC
Cii-y Clerk
[SEAL]
Resos\96-08 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
Resolution No. 96-08 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on the 23rd day of January, 1996, by the following
vote, to wit:
AYES: 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ne S. Greek, -CMC
City Clerk
Resos\96-08 3
EXHIBIT 'A' TO RESOLUTION NO. 96-08
Summarily vacate an existing thirty-six foot (36') access opening
on Jefferson Avenue between Overland Drive and Via
Montezuma, subject to the approval of an alternate access to
Parcels 5 of Parcel Map No. 22300.
(Legal description attached)
Resos\96-08 4
TEMECUL.A@
3W RANCHO @"w Jefferson Avenue -p 62-88
TM TISFM Km u3a
@.FICATEof ACCE"ANCR: of EASr:Meff TM OFTM
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9
Nov 810
G A. HMON
By
EASEMC-NT
r,At,'CO:.' RFALTY FUND 1, a California limited partnership,
grangs) to the County of Riverside an easement for public road and drainage purposes. including public utlity and public
services purpos*3. Over, upon, across, and within the real property In the County of River3ide. State of Callfomia,
deschbod as follows:
SEE LEGAL DESCRIPTION ATTACHED HERETO
AS EXHIBIT "A" AND MADE A PART HEREOF
Dated:-/C - 2 @-e-P EALTY FUND 1, d California
1 rtnership
B inancial Corporation
y
By:
Ro its pi7esident
By:
Gg@loway, its secretary
x x x x x x x x x xx x X A A
By:_
NOV
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
cl
ci
On
before me, the undersigned, a Notary
Public- in and for said State, personally appeared Ronald E.
Douglas and Roger G. Galloway, personally known to me or proved
to me on the basis of satisfactory evidence to be the persons who
executed the within instrument as the President and Secretary,
respectively, of Rancon Financial Corporation, the corporation
that executed the within instrument or, behalf of Rancon Realty
Fund I, a California limited partnership,, the partnership that
executed the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such
partnership executed the same.
WITNESS my hand and official seal. priAL &&AL
Notary Public
LEGAL DESCRIPTION
DEbIC44'rltVAI OF ACCESS RIGHTS
PARCEL 5, PM 149/1-2
A 3 6 FOOT ACCESS OPENING IN THE CC)UNTY OF RIVERSIDE, STATE OF
CALIFORNIA, DESCRIBED AS FOLTOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 5 OF PARCEL MAP
22300, AS SHOWN BY MAP ON FILE IN BOOK 149, PAGES 1-2 OF PARCEL
MAPS, SAID POINT LYING Oll -HE WESTERLY RIGHT OF WAY LINE OF
JEFFERSON AVENUE, AND BEING A POINT ON A CURVE, CONCAVE
SOUTHWESTERLN@, HAVING A RADIUS OF 950.00 FEET AND N RADIAL WHICH
BEARS N 830 11128"E,' THENCE NORTHWESTERLY, ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF @-29-&0411, AN ARC LENGTH OF 207-.'DO
FEET TO THE POINT OF BEGINNING; THENCE NORTH'QESTERLY, CONTIlquING
ALONG SAID CL-RVE, THROUGH A CENTRAL ANGLE OF 020 10117", AN ARC
LENGTH OF 3C.00 FEET TO TliE END OF SAID ACCESS OPENING.
30
EXHIBIT 'B' TO RESOLUTION NO. 96-08
SUBJECT SUMMARY VACATION - A PORTION OF JEFFERSON AVENUE
(Map Attached)
Resos\96-08 5
IXD/Cgr/#Ai. OF ACCESS 91614Tu5
P,49CEL 5; iw,&f. ?2,700
cn
PCL. L/
Y MAP CTVIL ENGINEENING-SUTIVEYING-LAND PLANNING
N. r S. 4 1 0 3 4 MAIN sTnCET * TENC CULA. CA 0 2 3 0 0 o (7 t 4) 0 7 0 - 5 7 I 3
,)L.Ni bi - I-IU-Urj ;!U.UOA,@l
@P'r RECORDING REQUESTED RY
CiLy of Ten*CUIA
PER rc)VIT CODE 6103
ANT) WHEN @ORDED MAIL TO
city of Temeula - City Clark
43174 WAtimeR Park Dr.
Terowula, CA 92i9O
MAIL TAX STATRAENIS TO
City Of Temmuls
43174 ]w@" Park M.
Temcula, CA 92590
L I I I Ut I L,@1LL L LA-
OF'FER OF DEDICATION ROAD PURPOSES
(Corpomtion)
The undersigned, being the present title owner(14) of record of the herein described parcel of land, do hereby make an
irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its
successors or assigns, for street and highway purpose.%, the real property situated in the City of Temecula, County of
Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat ])lap)
attached hereto.
It is understood and agreed that the City of Temecula and its successors or assigns &hall incur no liability with respect
to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any
improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of
the local governing bodies or its successors or assigns.
The provisions hereof shall inure to the benefit of and be binding ulx)u heirs, successors, assigns, and personal
representatives of the respective parties hereto.
IN WITNESS THEREOF, them proseq(l have executed this instrument
thi,: - (-P - day of @arltACt( 199@-
STATE OF CALIFORNIA) SS.
COUNTY OF RIVERSIDE)
On (',I I - I L, -cl L, , before me die under%@gned,
a Ner6,,Publi@in and for the State of Calif(imia, personally appeared
t ta 0 @ccki@
(or proved ti) me on the basis of
satisfactory evidence to he the persons) whose nanie(@ i@
- -ribed to the within instminent @d acknowledged to me that
.iubsl
he/sh@@ey executed the -4arm in his/ uutitorized cal-.*cit@
and that by his ignaturto(on the instrument the pei-son(@
or the entity upon behalf of whic@tie @n@eted, executed the
instrument.
WITNESS illy @ayd and of, cial WWI.
signature
ACCEPTANCE Fl ATE
The City Council, City of Temecula hereby accepts the grant of real property as set forth above,
City of Temecula
RICHAR..D L. EVANS GENERAL PTNR.
die and Title
RICHARD L. EVANS
By:
Karel F. Lindemans, Mayor
ATTEST:
BY:
June S. Greek, City Clerk
APPROVED AS TO FORM:
BY:
Peter Thorson, City Attornev
2-,Ni bi I-lt)-Uti IU-UOA@@l
@Vr RECORDING WUEMD Sy
ciiy,3(Tonvcula
PER GC)VIT CODE 6103
AND WHEN RWOltDM MAIL TO
City .(T.@ula @ City Clark
43174 Bu@ P.,k Dr.
Termwis. CA 9MOO
MAIL TAX STATEM@ TO
City o(To@l.
A3174 nurse Park Dr.
T@cula, CA 92590
OFFER OF DIEDICATION
@.111 (Ji- l@.@ILLLLA-
ROAD PURPOSES
(Corpomtion)
The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an
irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and it%
Successors or asNigrLg, for street and highway purpose.-;, the real property situated in the City of Temecula, Ct;unty of
Riverside, State of California, described in Exhibit "A (written description) and qhown on Exhibit "B" (plat map)
attached lieret(@.
It is understood and agreed that the City of Temecula and its qucc&L-4irs or assigns &Ml incur no liability with respect
to quch offer of dedication, and shall not assume any responsibility for the offered parcel (if land or any
improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of'
the local governing bodies or its successors or assigns.
The provisions hereof shall inure to the henecit of and be binding ulx)ii heir.%, successors, &%signs, and personal
repre-@ntative.% of @ rcsprctive parties hereto,
IN WITNESS THEREOF, these presents have executed this instrunmnt RICHAR.-D L. EVANS GENERAL PTNR
tiliq - i (P day of 0- n (,i cc 199@ aie suid Title
STATE OF CALIFORNIA ) SS.
COUNTY OF RIVERSIDE)
On , before ine the undei-.%ib@,
Nnry Plublic in and for the State (.if Cali fc)mia, personally appeared
@Ccri @- k
(or proved u) me (m the basis of RICHARD L. EVANS
satisfactory evidence to he the penono) whose naiiie(@is@
su@-ribed to the within instrument and acknow6di@ to me that
he/sho"e.y executed the 4arm in his/ authorized capft-it@
and that by his igmtureo(on the instrument the perbl.0
ted, executed
or the entity upon behalf of which the person th
C,. 0 Hk.FlL:I'ON F
ijif.truinent. CC' C,@, F',
f
WITNESS iiiy 49d and official umi.
Sit.ilature
ACCEPTANCE-C IFI A-TE
The City Council, City of Temecula hereby accepts the grant of real property as set forth above.
City of Teriiecula
By:
Karel F. Lindemans, Mayor
ATTEST:
BY:
June S. Greek, City Clerk
APPROVED AS TO FORM:
BY:
Peter Thorson, City Attornev
LEGAL DESCRIPTION
DEDICATION OF ACCESS RIGHTS
PARCEL 5, PM 149/1-2
A 36 FOOT ACCESS OPENING ALONG JEFFERSON AVENUE, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 5 OF PARCEL MAP
22300, AS SHOWN BY MAP ON FILE IN BOOK 149, PAGES 1-2 OF PARCEL
MAPS, RECORDS OF SAID COUNTY, SAID CORNER ALSO LYING ON THE
WESTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE, AND BEING A POINT
IN A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 950.00 FEET
AND A RADIAL LINE THROUGH SAID POINT WHICH BEARS N 83011'28@' E;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
12047'10", AN ARC LENGTH OF 212.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTHWESTERLY, CONTINUING ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 02010@'17", AN ARC LENGTH OF 36.00 FEET TO THE END
OF SAID ACCESS OPENING.
DEDICATION OF ACCESS RIGHTS
P-@R@@EL 5, P.M. 22300
0
Ln
,L= C) 2' 17"
R=95(
L=36.
LDEDICATION OF
ACCESS RIGHTS
PCL. 5 POINT OF
P.M. li49/']-@2 COMMENCE P.M. 121 /40-4-1
RANCHO c
VICINITY MAP