HomeMy WebLinkAbout97-107 CC ResolutionRESOLUTION NO. 97-107
A ~LUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY
CONSTRUCTION AGI~L~U~NT" BETWEEN THE CITY OF TF_aMECULA
AND MARGARITA CANYON, Llg
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
RF.~OLVF.~, DECLARES, DETERMINF~ AND ORDERS AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The Public Works Department has coordinated the design of the
improvements for the 1-15/Highway 79 South Interchange Project and determined the right
of way necessary to construct these improvements.
B. The Interchange improvements call for the realignment of streets near the
property owned by Margarita Canyon LLC.
C. As part of the construction of the street improvements it is necessary for the
City to obtain a right of entry for temporary construction use of the property designated
in the attached agreement.
D. Acceptance of the right of entry for temporary construction purposes
promotes the health, safety and welfare of the community.
Section 2. The City Council of the City of Temecula hereby approves that certain
"Right of Entry and Temporary Construction Agreement" between the City of Temecula and
Margarita Canyon, LLC attached hereto as Exhibit A., and authorizes and directs the Mayor to
execute said Agreement on behalf of the City in substantially the form of Exhibit A.
Section 3. The City Council hereby authorizes the City Manager to execute such other
and further documents as may be necessary to effectuate the implementation of the Agreement
described in Section 2.
Re~o~\97-107 I
PASSED, APPROVED AND ADOFI~r} by the City Council of the City of Temecula
on the 7th day of October, 1997.
ATTEST:
Patricia H. Birdsall, Mayor
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 97-107 was duly and regularly adopted by the City Council of the City of
Temeeula at a regular meeting thereof held on the 7th day of October, 1997, by the following
vote:
5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall
NOES
0 COUNCILMEMBERS: None
ABSENT:
0 COUNCILMEMBERS: None
ABSTAINED:
1 COUNCILMEMBERS: Stone
'June S. Greek, CMC/AAE
City Clerk
R¢sos\97-107 2
Exibit "A"
CITY OF TEMECULA
(Herein referred to as "City", and
MARGARITA CANYON, LLC, a California limited liability company
(Herein referred to as "Grantor")
Project: Interstate 15 / Highway 79-South Interchange
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RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT
The right is hereby granted City to enter upon and use the land of Grantor in the City of
Temecula, State of California, described as:
See Attached Exhibit "A" for Legal Description
for all purposes necessary to facilitate and accomplish the construction of 1-15 /
Highway 79-South Interchange
A fourteen (14) day written notice shall be given to Grantor prior to using the rights herein
granted. The rights herein granted may be exercised for 18 months after the fourteen (14)
day written notice, or until completion of said project, whichever shall be sooner.
It is understood that the City may enter upon Grantor's property where appropriate or
designated for the purpose of getting equipment to and from the easement area. City
agrees not to damage Grantor's property in the process of performing such activities.
The right to enter upon and use Grantor's land includes the right to remove and dispose
of real and personal property located thereon. Grantor reserves the right to remove
salvable real and personal property on or before the expiration of the fourteen (14) day
notice. If said property is not removed in its entirety at Grantor's expense on or before
said date for any reason whatsoever, the right to remove said property shall terminate
and said will become property of City to dispose of at its discretion.
City shall remove, replace and relocate as necessary any existing fencing disturbed by
construction of highway to new property line on Grantor's remaining property. Grantor
agrees that City, its agents, employees or contractors shall have the right to enter upon
Grantor's land for the purpose of performing the fence replacements or relocations.
All replaced or relocated fencing shall be left in as good a condition as it is found and
shall thereafter be the responsibility of Grantor to maintain and repair.
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At the termination of the period of use of Grantor's and City, but before its relinquishment
to Grantor, debris generated by City's use, will be removed and the surface will be
graded and left in a neat condition.
Grantor shall be held harmless from all claims of third persons arising from the use by
City of Grantor's land.
Grantor hereby warrants that he is the owner of the property described above and that he
has the nght to grant City permission to enter upon and use the land.
This agreement is the result of negotiations between the parties hereto. This agreement
in intended by the parties as a final expression of their understanding with respect to the
matters herein and is a complete and exclusive statement of the terms and conditions
thereof.
This agreement shall not be changed, modified, or amended except upon the written
consent of the parties hereto.
This agreemen~ supersedes any and all other prior agreements or understandings, oral
or written, in connection therewith.
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Grantor, his assigns and successors in interest, shall be bound by all the terms and
conditions contained in this agreement, and all the parties thereto shall be jointly and
severally liable thereunder.
Date:
RECOMMENDED FOR APPROVAL:
By:
By:
APPROVED AS TO FORM:
MARGARITA CANYON, LLC,
a California limited liability company
PETER M. THORSON
City Attorney
By:
ATTEST:
CITY OF TEMECULA
JUNE S. GREEK
City Clerk
By:
Dated:
By:
PAT H. BIRDSALL
Mayor
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