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Home My WebLink About12-084 CC Resolution RESOLUTION NO. 12-84 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The Wolf Valley Creek Channel, Stage 1 underground box culvert improvements (Project No. 7-0-00260) were constructed between Loma Linda Road and the Temecula Creek to convey storm water runoff from the Wolf Valley watershed to Temecula Creek as part of the Wolf Creek CFD 03-03. The City completed the improvements in December 2006. Section 2: The Riverside County Flood Control and Water Conservation District (DISTRICT) is prepared to accept the Wolf Creek Channel, Stage 1 improvements for ownership and maintenance in accordance with the terms of the "Infrastructure Funding and Acquisition Agreement (Wolf Valley Creek Channel)", executed on March 1, 2004 by the DISTRICT, the City of Temecula, Temecula Public Financing Authority and Wolf Creek Development, LLC. Section 3: The improvements were constructed within an unimproved portion of Jedediah Smith Road right-of-way ("ROW") located north of Pechanga Parkway and west of Loma Linda Road and more particularly described in Exhibits `A' and `B' attached; Section 4: The ROW was originally dedicated to the County of Riverside by the property owner, Kaiser Rancho California, Inc., pursuant to a Declaration of Dedication recorded on April 9, 1975 as Document Number 040378 of Official Records of the County of Riverside. Section 5: The Declaration of Dedication irrevocably dedicated in perpetuity to the County of Riverside the ROW for "public road purposes, including public utilitv and public service uses." Under Section 8306(a) of the California Streets and Highways Code, "storm drains, drainage and canals" are considered public services uses. Section 6: On July 28, 1981, the County of Riverside formally accepted the ROW offer as described in the Declaration of Dedication for "public road purposes and - utility uses". The County's resolution of acceptance, however, omitted the "public services uses" clause. To properly convey an easement to the DISTRICT for drainage � purposes, the City desires to formally accept the original offer of dedication, including the offer for "public service uses". Section 7: The City Council of the City of Temecula hereby accepts in its entirety, the offer of dedication of that portion of Jedediah Smith Road dedicated for Resos 12-84 1 � public road purposes, including public utility and public service uses by Declaration of Dedication recorded April 9, 1975, as Instrument No. 40378, Riverside County Records and as described in Exhibits `A' and `B' attached hereto. This acceptance of the above offer of dedication is not an acceptance of the subject portion of Jedediah Smith Road into the City-Maintained System. Section 8: The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside County, California. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 2012. � �� / �' ; , r huck Washington, Mayor ATTEST: c��yr- � �� Susan . Jones, MMC erk [SEAL] � Resos 12-84 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. 12-84 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of December, 2012, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk Resos 12-84 � 3 EXHIBIT "A" JEDEDIAH SMITH ROAD OFFER�OF DEDICATION That portion of Jedediah Smith Road, 110 feet in width, situated in the City of Temecula, County of Riverside, State of California, as dedicated for public road purposes, including public utility and public services uses, by Declaration of Dedication recorded April 9, 1975, as Instrument No. 40378, in the office of the County Recorder of the County of Riverside, State of California more particularly described as follows: � BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance � of South 47°44'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County Recorder of said County of Riverside, said certain course also being the center line of Pala � Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of Record of Surveys in the office of the County Recorder of said County of Riverside; thence North 42°35'01" East, 55.00 feet to a line parallel with and distant 55.00 feet Northeasterly, measured at right angles, from said center line of Pala Road; thence along said parallel line North 47°44'36" West, 932.52 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave Northeasterly and having a radius of 1945.00 feet; thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of 1501.32 feet, thence North 3°31'03" West, 564.09 feet to a point in the Northerly boundary of the land described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of said County of Riverside, said point being in a non-tangent curve, concave Southerly and having a radius of 2300.00 feet, a radial line to said point bears North 11 °06'06" East; thence Westerly along said curve in said Northerly boundary through a central angle of 1°24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; thence along said boundary South 3°31'03" East, 335.36 feet to an angle point therein, said last mentioned angle point being a point in a curve, concave Southerly and having a radius of 1975.00 feet and being concentric with that certain curve hereinbefore described as having a radius of 2300.00 feet; thence Westerly along said curve, in said Northerly boundary through a central angle of 1°38' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right angles, 110.00 feet from that certain course hereinbefore described as having a bearing of North 3°31'03" West and a length of 564.09 feet; thence along said last mentioned parallel line South 3°31'03" East, 256.69 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also being concentric with that certain course hereinbefore described as having a radius of 1945.00 feet; thence Southwesterly along said curve through a central angle of 25°23'40", an arc distance of 910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet Northeasterly of the center line of said Pala Road; thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF BEGINNING. EXHIBIT "B" attached hereto and by this reference made a part thereof. EXHIBIT "8" TO RESOLUTION N0. 12— s4 �DEDIAH SMI1H ROAD OFFER OF DEDICATION 4 6p6�� z00 � t�>>R ol �, l ., �£ � 6 �_ � �: 3 ° � y � . �� °2 PARCEL � � � � PM 17/72 \ � �� *- � _�.; �, - ��_� �h 1l0' :� ;� \ \ � r"_� �;c-x � 8 '� r. ; �. �� o � . � �� Q � , -:. �� ° � F ,� � qSF� i� � F� �. :�� ` '� � � PARCEL 2 � � T y ;� ;;� c��, 2 PM 17/72 �� <.� v �`r�' � - :� �� -o \ �:�:}.� � � � � � ��, ¢. f � ��-::. � ��C � �i �iit l.►! . 0 —' 7 ��a 9 y� •4 i \ Y 1 T.P. 0.8. PARCEL 3 PM 17/72 �r+ � � .Q_ w rn, c� DA rA TABLE N�, �, N0. BEAR/NG/DEL TA RADIUS LEN61N � \ N, -- � � P R . 01 N42 "E 55.00' v�0 � � 44 ° 13 ;33" 1945. 00 1501. 32' �,OM�' � NO3 -- 564.09' �2�`j'D�a� � �4 Ol ° 24'42" 2300.00 56.67' � � S03 '03"E -- 335.36' � �' � � 6� Ol ° 38'S6" 1975.00 56.84' 07 S03 -- 256.69' � 25 ° 23'40" 2055. 00 910. 81 ' � S47 -- 197.52' ' �0 S47 -- 465.80'