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HomeMy WebLinkAbout97-122 CC ResolutionRESOLUTION NO. 97-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DRAINAGE EASEMENT ELECTREND, INC. FOR DRAINAGE PURPOSES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT DEED IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARKS, DETERMINES 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 the streets near the property owned by Electrend, Inc. C. As part of the construction of the street improvements it is necessary to install and maintain drainage facilities that need to be connected to the main storm drain system located south of the Electrend, Inc. property. D. Electrend, Inc. Hereby grants a drainage easement over its property to the City of Temecula for installation and maintenance of the drainage facility. E. Acceptance of the Easement Deed promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves that certain "Easement Deed from Electrend, Inc. To the City of Temecula for drainage purposes" as specified in the form of the Easement Deed attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Easement Deed 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 fi~er documents as may be necessary to effectuate the conveyance of the property described in Section 2., including but not limited to escrow instructions. R¢soa/97-122 1 Section 4. The City Clerk is hereby authorized and directed to record the Easement Deed upon acceptance by the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 18th day of November, 1997. Patricia H. Birdsall, Mayor ATTEST: CMC/AAE - 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. 97-122 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 18th day of November, 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CMC/AAE City Clerk Resos/97-122 2 EXHIBIT "A" Recorded at request of and return to: The City of Temecula, A Municipal Corporation City Manager 43200 Business Park Drive Temecula, California 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ELECTREND, INC., a Califomia Corporation; doing business as: E.C.I. GRANT(S) to the CITY OF TEMECULA, a political subdivision, an easement for drainage purposes, 'including the construction and maintenance over, upon, across, and within the real property in the City of Temecula, State of California, described as: SEE ATTACHED EXHIBIT "A" FOR COMPLETE DESCRIPTION ) STATE OF CALIFORNIA } ss. COUNTY OF Riverside } On ! ] 0 / 28 / 97 before me, Susan W. Jones. Notary Public personally appeared Louis Kashmere personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islars subscribed to the within instrument and acknowledged to me that he/she/they execu{ed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature on the instrument the person(s) or he entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my.~~official seal. Signature ( ~' j, [~-~4.~. MAIL T - SAX'.~.~.~NTS TO: ' ELECTREND, I~C., By: By: (This area for official rmtarml seal) 1002 (1/94) EXHIBIT ~A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT BEING A PORTION OF LOT 10 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER' OF SAN DIEGO COUNTY, CALIFORNIA, AND ALSO BEING A PORTION OF LOTS i AND 2 OF CERTIFICATE OF COMPLIANCE NO. ?A93-0177 RECORDED FEBRUARY 24, 1994 AS INSTRUMENT NO. 077303 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 10, SOUTH 74017'38" WEST, 71.90 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 10, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF PARCEL "'C" AS DESCRIBED IN INSTRUMENT NO. 50647 RECORDED FEBRUARY 14, 1997 'IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERS I DE; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 37°57' 45" WEST, 10.80 FEET TO A LINE PARALLEL WITH AND 10.00 FEET NORTHWESTERLY, MF_2%SURED AT RIGHT ANGLES, FROM SAID SOUTHEASTERLY LINE OF LOT 10, SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY LINE OF A 30.00 FOOT"WIDE DRAINAGE E~SEMENT RECORDED MARCH 25, 1992 AS INSTRUMENT NO. 103587 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERS I DE; THENCE ALONG SAID PARALLEL LINE NORTH 74017'38" EAST, 27.01 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 37057'45" EAST, 10.80 FEET TO SAID SOUTHEASTERLY LINE OF.LOT 10; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 74017'38# EAST, 27.01 FEET TO THE POINT OF BEGINNING. CONTAINING 270.12 SQUARE FEET OR 0.006 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO No. 716~.~ SDoDOC 8/24/97 ...... EXHIBIT B,_ \\ GRAPHIC SCALE \ ~ ' APN 922-110-029 2 ~ CER~FiCATE OF COMPLIANCE ~ NO. P~9~-O~ZZ ~ ,NSr. NO. O~Z~O~ APN ' ~ REC'D 2/24/94 E~ ~ypASS CORRtOOR ~ ~D ~l ~7 '~~ ~EC'D ~/~/~ ,, Trans-Pacific Consultants C,~L ENGINEERS 27447 Enterprise Circle West. Temeculo. CA.. 92590 LAND SURlYORS. PLANNERS . ~s PLaT ~S S~[LY ,N ~ ~N L~an~ ~E PAR~L(S) O[SCmS[D ~ ~[ SHEET aTTACHED ~UMENT. ~T ~S ~T PaRt ~ ~E ~T~N O[SCmP~ ~[RE~N. 412--039.0~ ,., , ,.., , sc,~: ,"- ~0' ~,~ ~ m ~,~7/23/97~ EXHIBIT FOR DRAINAGE EASEMENT ,, . ,. ,, ., FI I:'~. ~r) nwc