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HomeMy WebLinkAbout96-05 TCSD Resolution RESOLUTION NO. CSD 96-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA CO TY SERVICES DISTRICT ACCEPTING THE QUITCLAIM FROM THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING CERTAIN SLOPE AREAS WITHIN TRACTS NO. 22916-09 22916-3, AND 23125-1 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. The City of Temecula accepted the "Irrevocable Offers to Dedicate" easement documents from Costain Homes, Inc. for slope and landscape maintenance purposes within Tracts No. 22916-0 and 22916-3; and, B.The City of Temecula accepted the offer of dedication of Lot 43 for slope and landscape maintenance purposes within Tract Map No. 23125-1; and, C. The City of Temecula accepted the slope improvements as complete within Tracts No. 22916-0, 22916-3, and 23125-1 and authorized the quitclaim of said slope and landscape maintenance easements to the Temecula Community Services District; and, D. The Temecula Community Services District is the authorized legislative body to accept the offers of dedication for public slope and landscape maintenance easements within the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby accepts the quitclaim document of said easements and lots from the City of Temecula, as follows: A. That pursuant to Government Code Section 66477.2(a), the Board of Directors accepts the quitclaim of said easements from the City of Temecula over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. B. That these acceptances are not intended to create or vest any fee simple interest in favor of the Temecula Community Services District or the City of Temecula to the sub . ect slope and landscape maintenance areas, but are solely for the express purpose of i Resos.CSD\96-05 accepting a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" and "B" attached hereto. C. That if the Temecula Community Services District of its governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, then all or any of such easements may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to the interested parties, maintenance of the slope and landscape areas shall become the responsibility of the then current owners of the respective underlying properties. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 25th of June, 1996. Ron Roberts, President ATTEST: JU6".@reek, CMC Board Secretary/City Clerk [SEAL] Resos.CSD\96-05 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) Ss CITY OF TEMECULA ) 1, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 96-05 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 25th of June, 1996, by the following vote: AYES: 5 DIRECTORS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Board Secretary/City Clerk Resos.CSD\96-05 3 EXHIBIT "A" TO RESOLUTION NO. 96- 05 CSD Accepting Easements and Lots offered for dedication to the City of Temecula for slope and landscape maintenance purposes as indicated on certain tract maps described hereafter, and quitclaiming all right acquired by the City in these Easements and Lots to the Temecula Community Services District as described below: A. Landscape Maintenance Easement on Lot 43 of Tract No. 23125-1, filed December 7, 1993, in Book 246 of Maps, pgs 81-85 lncl. B. An easement for landscape maintenance purposes (Irrevocable Offer of Dedication) over that certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1, 73, 74, 75, and "B"; and Lots 37, 38, 61, 62, 69 70, 71, 72, and "A" of Tract No. 22916-3 as shown on a map thereof filed in Book 225, Pages 57 through 64 of Maps in the Office of the County Recorder of said Riverside County, described as follows: Lot 1 and "B": Beginning at a point on that certain course in the southeasterly line of said Lot 1 shown as "North 57139'41 " East 110.09 feet" distant thereon South 57'39'41 " West 51.33 feet from the northeasterly terminus thereof; thence South 28 0 36'04" East 6.01 feet to a line parallel with and 6.00 feet southeasterly from said southeasterly line; thence along said parallel line South 57039'41 " West 58.37 feet to the southwesterly line of said Lot "B"; thence along said southwesterly line and the southwesterly line of said Lot 1 North 32120'1 9" West 27.00 feet; thence North 61 123'56" East 60.00 feet to a line beating North 28136'04" West from the Point of Beginning. Lots 73, 74, 75, and "B": Beginning at the most southerly corner of said Lot 75; thence along the southwesterly line of said lot North 320 20'1 9" West 5.00 feet to a line parallel and/or concentric with and 5.00 feet northwesterly from the northwesterly line of said Lot "B"; thence along said parallel and/or concentric line through the following courses: North 57039'41 " East 7.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1249.00 feet; thence along said curve northeasterly 143.92 feet through a central angle of 6036'07" to the northeasterly line of said Lot 74; thence leaving said parallel and/or concentric line, non-tangent curve concave southeasterly, having a radius of 1252.00 feet and being concentric with and 8.00 feet northwesterly from a curve in the northwesterly line of Lot "B" having a radius of 1244.00 feet, a radial line of said curve from said point bears South 24048'56" East; thence along said curve northeasterly 46.65 feet through a central angle of 2108'06"; thence radially from said curve South 22'40'50" East 14.00 feet to a point on a non-tangent curve concave southeasterly, having a radius of 1238.00 feet and being concentric with and 6.00 feet southeasterly from said curve in the northwesterly line of Lot "B"; thence along a line parallel and/or concentric with said northwesterly line of Lot "B" through the following courses: along said curve southwesterly 208.68 feet through a central angle of 9'39'29"; thence tangent from said curve South 57 0 39'41 " West 7.00 feet to a line bearing South 32'20'19" East from said most southerly corner of Lot 75; thence North 32120'1 9" West 6.00 to the Point of Beginning. r: @ya-sinobk,s topecc.96 062596 EXHIBIT "A" TO RESOLUTION NO. 96- 05 CSD CONTINUED Lots 37,38,61,62,69,70,71,72 and "A": Beginning at a point on that certain course in the easterly line of said Lot 72 shown as "North 4125'05" West 113.66 feet" distant thereon North 4025'05" West 65.00 feet from the southerly terminus thereof; thence South 85'34'55" West 8.00 feet to a line parallel with the westerly line of said Lot "A"; thence along said parallel line North 4125'05" West 1 10.00 feet; thence North 1055'14" West 75.00 feet; thence North 4145'35" East 86.23 feet; thence North 10151'41 " East 20.19 feet to a point on the southerly line of said Lot 62 distant thereon North 84121'56" West 5.00 feet from the southeasterly corner thereof, said point being on a non-tangent curve concave easterly and having a radius of 1260.00 feet, a radial line of said curve from said point bears South 82050'12" East; thence along said curve northerly 74.98 feet through a central angle of 3124'34"; thence non-tangent from said curve North 0033'25" East 39.87 feet; thence North 130 16'20" East 73.06 feet; thence North 13045'20" East 156.36 feet; thence North 36136'25" West 48.41 feet to the southerly line of said Lot 38; thence North 17125'58" East 295.21 feet; thence North 14017'53" East 109.85 feet; thence North 54042'00" West 80.00 feet to the northerly line of said Lot 37; thence along said northerly North 7301 5'00" East 4.00 feet to an angle point therein; thence continuing along said northerly line South 84124'00" East 99.63 feet to the northeasterly corner of said Lot 37; thence along the northerly line of said Lot "A", continuing South 84'24'00" East 6.00 feet to a point on a non-tangent curve concave westerly, having a radius of 951.00 feet and being concentric with and 6.00 feet easterly from the westerly line of said Lot "A", a radial line of said curve from said point bears North 84024'00" West; thence along a line parallel and/or concentric with said westerly line through the following courses: along said concentric curve Southerly 1 57.73 feet through a central angle of 9130'1 1 "; thence tangent from said curve South 15'06'1 1 " West 460.14 feet to the beginning of a tangent curve concave easterly and having a radius of 1 249.00 feet; thence along said curve southerly 425.54 feet through a central angle of 19131'16"; thence tangent from said curve South 4125'05" East 69.60 feet to a line bearing North 85'34'55" East from the Point of Beginning; thence South 85134'55" West 6.00 feet to the Point of Beginning. r: as inobkls lopecc. 96 062596 E@XHI-BIT "B" TO RESOLUTION NO. 96- 05 CSD 3Z 7,IAAO 13 Tract No. 22! PARADO Tract No. 22916-0 LEGEND EASEIVriENT AND/OR RELATED LOT FOR SLOPE NFA[NTENANCE PURPOSES TO BE ACCEPTED BY THE CITY OF TERYIECULA AND THEN QIATCLAMIED TO THE TErvl]ECULA COrvUvfMTY SERVICES DISTRICT TRACT 23125-1 LOT 43 N. T. S. tn 5: NOTE: i'vIAPS ARE NOT TO SCALE