HomeMy WebLinkAbout09_017 CC ResolutionRESOLUTION NO. 09-17
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE QUITCLAIM OF A
PORTION OF ASSESSOR'S PARCEL NUMBER 962-580-
090 TO WOLF CREEK DEVELOPMENT, LLC AND
RESERVING AN EASEMENT FOR PUBLIC PURPOSES
OVER SAID PROPERTY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
WHEREAS, the City of Temecula and S-P Murdy entered into a Development
Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument
Number 2001-481217 of Official Records of the County of Riverside ("Development
Agreement"); and
WHEREAS, Wolf Creek Development, LLC acquired from S-P Murdy, LLC
portions of its interest in the Development Agreement; and
WHEREAS, pursuant to said Development Agreement, S-P Murdy, LLC, the
underlying fee owner conveyed interest in real property, now identified as Assessor's
Parcel Number 962-580-090, by Grant Deed to the City; and
WHEREAS, as part of the conveyance of said real property interest, the
underlying fee owner inadvertently conveyed portions of Assessor's Parcel No. 962-
580-090 described on the legal description and depicted on the map attached to the
Quitclaim Deed as Exhibits "A" and "B" respectively (referred to as the "Property"),
attached as Exhibit 1" hereto and incorporated herein by this reference; and
WHEREAS, Wolf Creek Development, LLC, the current developer of the Wolf
Creek Development (the "Development Project"), needs the Property for monument and
related uses in connection with the Development Project approved pursuant to the
Development Agreement; and
WHEREAS, the City of Temecula hereby determines that it does not need the
real property interest for public purposes; and
WHEREAS, Wolf Creek Development, LLC has agreed to accept a quitclaim of
the Property for monument and related uses in connection with the Development
Project approved pursuant to the Development Agreement discussed above; and
WHEREAS, the City of Temecula shall reserve for itself, its successors and
assigns a blanket easement on, over and across the Property for public purposes,
' which include, but are not limited to access, repair, drainage, utilities and all uses
necessary or convenient thereto over the Property.
R:/Resos 2009/Resos 09-17
WHEREAS, the City Council of the City of Temecula hereby desires to quitclaim
' to Wolf Creek Development, LLC the Property described in Exhibits "A" and "B" of the
Quitclaim Deed attached as Exhibit "1" hereto.
THEREFORE, BE IT RESOLVED, that the City Council approves that certain
"Quitclaim Deed" attached as Exhibit "1" hereto and authorizes the Mayor to execute the
Quitclaim on behalf of the City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of February, 2009
aryann Edwards, Mayor
J
ATTEST:
[SEAL]
R:/Resos 2009/Resos 09-17 2
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. 09-17 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 10 h day of February, 2009, by the
following vote:
AYES:
5
COUNCIL MEMBERS:
Comerchero, Naggar, Roberts,
Washington, Edwards
NOES:
0
COUNCIL MEMBERS:
None
ABSENT:
0
COUNCIL MEMBERS:
None
ABSTAIN:
0
COUNCIL MEMBERS:
None
' Susan 7 . Jones MMC
City Clerk
R:/Resos 2009/Resos 09-17 3
Recording Requested by
and when recorded return to:
CITY OF TEMECULA
Attention: City Clerk
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
WOLF CREEK DEVELOPMENT LLC,
A California Limited Liability Corp.
255 East Rincon Street, Suite 200
Corona, California 92879
Recording Fee: Exempt pursuant to
Government Code §S 6103 and 27383
SPACE ABOVE THIS LINE FOR RECORDER
The undersigned grantor declare(s)
This Quitclaim Deed is for
v'Portions of APN 962-580-090
Documentary Transfer Tax is $_.00
computed on the full value of property conveyed, or
u mmnnted nn thr fill vah~e lecc the vnlna of liene nr enenmhmnree remainino therenn at thr time
of sale.
QUITCLAIM DEED
' This QUITCLAIM DEED is entered into between the CITY OF TEMECULA, a
municipal corporation, hereinafter referred to as "Grantor" and WOLF CREEK
DEVELOPMENT LLC, A California Limited Liability Corporation, hereinafter referred
to as "Grantee" and is effective as of February 10, 2009.
RECITALS
WHEREAS, Grantor and S-P Murdy, LLC entered into a Development
Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument
Number 2001-481217 of Official Records of the County of Riverside (referred to below
as "Development Agreement'), which is incorporated herein by this reference; and
WHEREAS, pursuant to the terms of said Development Agreement, Grantor
acquired certain real property interests for public purposes; and
WHEREAS, WOLF CREEK DEVELOPMENT, LLC acquired from S-P Murdy,
LLC its interest in and to said Development Agreement; and
r
915476-3
WHEREAS, as part of the conveyance of said real property interests for public
' purposes, Grantor had dedicated to it that certain real property in the City of Temecula,
County of Riverside, State of California, hereinafter referred to as "the Property"
identified as portions of Assessor's Parcel No. 962-580-090, which is described on the
legal description and depicted on the map attached hereto as Exhibits "A" and "B" and
incorporated herein by this reference; and
WHEREAS, as part of said conveyance, Grantee or Grantee's predecessor in
interest S-P Murdy, LLC inadvertently transferred to Grantor the Property that Grantee
needs to use for monument and related uses in connection with the Development Project
approved pursuant to the Development Agreement discussed above; and
NOW, THEREFORE, Grantor and Grantee hereby agree as follows:
For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor hereby REMISES, RELEASES AND QUITCLAIMS to Grantee
all of Grantor's right, title and interest in the Property described above located in the City
of Temecula, County of Riverside, State of California and depicted on the map attached
hereto as Exhibit "B," which is incorporated herein by this reference, without
representation or warranty, express or implied, and subject to all matters of record and
any and all other matters affecting said Property.
Grantor, however, reserves for itself, its successors and assigns a blanket
' easement on, over and across the Property for public purposes, which include, but are not
limited to access, repair, drainage, utilities and all uses necessary or convenient thereto.
Said blanket easement is congruent with the portion of APN 962-580-090 that is the
subject of this Quitclaim Deed, which is described and depicted on Exhibits "A" and "B"
hereto and incorporated herein by this reference.
915476-3
IN WITNESS WHEREOF, these presents are hereby signed this day of
' February 2009.
GRANTOR
CITY OF TEMECULA, a municipal
corporation
By:
Maryann Edwards, Mayor
ATTEST:
SUSAN JONES, MMC, City Clerk
Approved as to form:
PETER M. THORSON, City Attorney
GRANTEE
WOLF CREEK DEVELOPMENT, LLC
By:
Title:
By:
Title:
915476-3
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 89 OF TRACT 33124 AS SHOWN BY MAP ON FILE IN
BOOK 415, PAGES 27 THROUGH 39, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WOLF VALLEY ROAD
AND WOLF CREEK DRIVE S. AS SHOWN ON TRACT 29305-1 AS SHOWN BY
MAP ON FILE IN BOOK 350, PAGES 65 THROUGH 78, INCLUSIVE, OF MAPS,
AND ON TRACT 29305 AS SHOWN BY MAP ON FILE IN BOOK 378, PAGES 36
THROUGH 48, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE ALONG THE CENTERLINE OF SAID WOLF CREEK DRIVE S., SOUTH
52°05'35" EAST, A DISTANCE OF 70.00 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 37°54'25" EAST, A DISTANCE OF
33.00 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF WOLF CREEK DRIVE
' S., SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 52°05'35" EAST, A
DISTANCE OF 57.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 37°54'25" EAST, A
DISTANCE OF 22.00 FEET;
THENCE SOUTH 52°05'35" EAST, A DISTANCE OF 5.00 FEET;
THENCE NORTH 37054'25" EAST, A DISTANCE OF 8.00 FEET TO THE
NORTHEASTERLY LINE OF SAID LOT 89;
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 52°05'35" WEST, A
DISTANCE OF 77.00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 89;
THENCE ALONG SAID NORTHWESTERLY LINE OF LOT 89, SOUTH 37°54'25"
WEST, A DISTANCE OF 6.00 FEET;
11/25/2008 POR. LOT 89 Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
THENCE ALONG WESTERLY LINE OF SAID LOT 89, SOUTH 05°54'06" EAST, A
DISTANCE OF 28.30 FEET, TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,020 SQUARE FEET OR 0.046
ACRES, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
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ANTHO J. TERICH R.C.E. 21914
EXPIRATION DATE 9/30/09
Zia fY
DATE
No. 219144
EXP. 9-30-09 /
11/25/2008
POR. LOT 89
Page 2 of 2
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