HomeMy WebLinkAbout07-006 CC Resolution
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RESOLUTION NO. 07-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A GRANT OF EASEMENT
WHEREBY CITY GRANTS TO EASTERN MUNICIPAL
WATER DISTRICT AN EASEMENT FOR RIGHT OF
ACCESS TO A PROPOSED SEWER MAIN AND
APPURTENANCES LOCATED EAST OF DIAZ ROAD
BETWEEN CHERRY STREET AND DENDY PARKWAY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The development of the Education Complex at Diaz Road and Dendy
Parkway will include the raising of the current road grade elevations for Diaz Road; and,
B. The increase in grade elevations of Diaz Road over an existing Eastern
Municipal Water District. (EMWD) 36" sewer main pipeline will create excessive loading
on said pipeline; and,
C. Eastern Municipal Water District proposes to re-align said pipeline to a
new location outside of and immediately east of the Diaz Road right-of-way between
Dendy Parkway and Cherry Street; and,
D. Said new location lies within property owned by the City of Temecula; and,
E. Eastern Municipal Water District requires a grant of an easement by the
City of Temecula in order to install, access and maintain said sewer main and
appurtenant structures.
WHEREAS. The City Council of the City of Temecula hereby desires to grant to
Eastern Municipal Water District an easement to access and maintain said sewer main
and appurtenant structures described in Exhibit "A" and shown in Exhibit "B" attached
hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approved that
certain 'Grant of Easement' attached hereto as described in Exhibit "A" and shown in
Exhibit "B" and authorizes the Mayor to execute the Grant Easement on behalf of the
City.
R:JResos 2007/Resos 07-06
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 9th day of January, 2007.
Chuck Washington, Mayor
ATTEST:
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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. 07-06 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 9th day of January, 2007, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSENT: 0
ABSTAIN: 0
None
None
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/ J.
. Jones, MMC
City Clerk
R:lResos 20071Resos 07-06
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Recording Requested By end
when Recorded Return to: .
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Eastarn Municipal Water District
P.O. Box 8300
Perrls, CA 925720\1300
Alln: Rlght.of.Way Department
This Document Must Be Signed In
the Presence of Notary & Notarized.
APN 909-120.019
W.O.IC.O: 68885
RB- 5028
No Recording Fee Required Pursuant to Government Code Section 27383
GRANT OF EASEMENT
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FOR VALUABLE CONSIDERATION, receipt of which Is hereby ecknowledged:
CITY OF TEMECULA, A MUNICIPAL CORPORATION
(hereinafter referred to as "GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a
municipal water district, its successors and assigns (hereinafter referred to as "GRANTEE") a perpetual non-
exclusive easement and right of way to construct, enlarge, reconstruct, remove and replace, operate, Inspect,
maintain, repair, improve and relocate, sewage transmission and collection facilities, including. but not limited to,
gravity pipelines, pressure plpeiines, manholes, connections and appurtenant equipment for the collection and
transmission of sewage, In, on, over, under, upon, along, through and across the property hereinafter described.
. together with reasonable right of access to and from said easement for purposes of exercising the rights granted in
said easement.
Said easement shall be in, under, over, and across that certain property situated In the County of Riverside, State
of Callfomia, described as follows: .
(SEE EXHIBITS "A" AND "B" ATTACHED HERETO.AND MADE A PART HEREOF)
The foregoing easement shall Include:
. '. (a)
The temporary use of such adjacent land of Grantor as Is necessary to install the facilities provided for
under the term of the easement granted herein; and .
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The right to enter upon and pass and repass over and along said strip or strips of land, and to deposit tools;
implements and other materials thereon by Grantee, Its officers, agents and employees, and by persons
under contract to construct said pipeline or pipelines, and their employees. whenever and. whel1:lver
necessary for the purpose of exercising the rights herein granted. .
. . Grantor retains the right to the use of the land described herein except as to any use In derogation of the easement
. contained herein, and specifically agrees that no trees shall be planted thereon and no buildings or other structures
of any kind will be placed, constructed. or maintained over the real property described herein. Any work by
Grantor. or anyone working through or under Grantor, affecting the surface or subsurface of the ground subject to
this easement shall be performed only after giving written notice by certified mall, postage paid, addressed to
. Grantee at Grantee's office setting forth the proposed changes In detail. Such noUce Is to be given to the Grantee
. at least thirty (30) business days prior to commencement of such work and is subject to approval by Grantee.
Notwithstanding the foregoing, the surface of the ground with respect to the distance from the ground surface to the
top of any pipes, as oflhe date of this easement, shall not be changed by any party other than Grantee, If Itresults
in:
(b)
(a) "Cutting or removing the soil which leaves less than forty-eight (48) inches ofsoU over the top ofthe pipe;
o (b)
and
"Hauling" In soli or "filing" which will leav~ more than thirty eight (38) feet of soli oVer the top of any pipe.
It Is understood that the permanent easements and the rights of way above described shalll>e acquired sul>Ject
to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property
within the I>oundaries of such easements and rights of way._ It Is under.rtood that any use of the surface rights
by Grantor, and Grantor's successors, heirs and assigns, shall I>e deemed a continuing permissIVe use
allowed by Grantee, its successors, heirs and assigns, and each successor-In-lnlerest of the Grantor, by
acceptance of a conveyance of said property or interest therein admits and agrees that any such use is a
_ continuing permissive use. It is understood that each and every right and privilege hereby granted Is free and
alienable. Notwithstanding the foregoing, it is understood and agreed thet this Grant of Easement shall not be
construed as a Grant of Fee Title.
- Grantee, its successors and assigns, shall restore, or cause to be restored, the surface and subsurface of the
real properly hereinabove described to the condition said property was in as of the time of perfOrmance of any
enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance,
repair, improvement and relocation, and such restoration shall be performed with due diligence and dispatch.
IN WITNESS WHEREOF, this instrument has been executed the _ day of
-2007.
GRANTOR(S): CITY OF TEMECUlA, A MUNICIPAL CORPORAnON
DATE:
ATTEST:
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SUSAN W. JONES, MMC
CITY CLERK
DATI,::
BY:
CHUCK WASHINGTON, MAYOR -
APPROVED AS TO FORM:
~7er?
. PETER M. mORSON
CITY ATTORNEY
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CALIFORNIA ALL. PURPOSE ACKNOWLEDGEMENT
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, State of California } ,
q Cou~~_de M. I
, On , before me, , Notary Public, I
, personally appeared .
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. .~ 0 pe~nally known to me ,!
I 0 proved to me on the basis of satisfactory I
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I the within Instrument and acknowledged to me ~
! that he/she/they executad the same In l
, hls/her/their authorized capacity, and that by .
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I his/her /their signature on the Instrument the , .
I person/s, or the entity upon behalf of which the ,
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I person acted, executed the Instrument ,
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~ WITNESS my hand and official seal. !
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:_
Slgners(s) Other Than Named Above:
Capaclty(les) Claimed by Signer
~ner's Name:
U Indivldual
o Corporate Officer - Title(s):
o Partner - DLlmlted 0 General
o Attorney In Fact
o Trustee .
o Guardian or Conservator
o Other:
IU(d II 11!l1\II3P {IN)
01 SI(,NJ I~
Signer is Representing:
CERTIFICATE OF ACCEPTANCE
O . This is to certify that the Interest In real properly conveyed by Granl.of Easement dated
from:
CITY OF TEMECULA, A MUNICIPAL CORPORATION
to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, Is hereby accepted by the
undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution No.
80 of the Board ofDlractors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by
Its duly authorized officer or agent. .
. DATE:
EASTERN MUNICIPAL WATER DISTRICT
BY:
Rosemarie V. H9well, Secretary
of the Eastern Municipal Water District
. (SEAL)
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EXHIBIT "A" .
EASTERN MUNICIPAL WATER DISTRICT
SEWER EASEMENT
C.O. "885
APN: 909.120.019.
GRANTOR: CITY OF TEMECUlA,
A MUN.ICIPAL CORPORATION
LEGAL DESCRIPTION
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A
PORTION OF PARCEL 1 OFPARCEL MAP 4646. AS SHOWN BY MAP ON FILE IN BOOK 6 OF
PARCEL MAPS, PAGE 75, RECORDS OF SAID RIVERSIDE COUNTY, BEING MORE
PARTICULARL YDESCRIBED AS FOLLOWS:
.BEGINNING AT THE INTERSECTION OF THE SOUTEASTERL Y LINE OF SAID PARCEL 1 WITH
THE NORTHEASTERLY LINE OF DIAZ ROAD, 100 FEET WIDE, AS SAID INTERSECTION IS
SHOWN ON SAID PARCEL MAP;
THENCE NORTH 460 01' 14" WEST ALONG SAID NORTHEASTERLY LINE OF D,IAZ ROAD A
DISTANCE OF 641.73 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NQRTHEASTERL Y AND HAVING A RADIUS OF 4,180.00 FEET;
THENCE NORTHWESTERLY ALON~ SAID CURVEAND NORTHEASTERLY LINE OF DIAZ ROAD
THROUGH A CENTRAL ANGLE OF 000 24' 46" AN ARC DISTANCE OF 30.11 FEET;
THENCE RADIAL TO SAID CURVE NORTH 440 23' 32" EAST A DISTANCE OF 14.89 FEET;
THENCE SOUTH 460 01' 14", EAST A DISTANCE OF 671.74 FEET TO THE AFORESAID
. SOUTHEASTERLY LINE OF PARCEL 1;
THENCE SOUTH 430 58' 46" WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 15.00
FEET TO THE POINT OF BEGINNING.'
CONTAINING 0.23 ACRES, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
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DATE:
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E S. BUTLER, L.S. 4282
rlON DATE: 6/30/08
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION:
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