HomeMy WebLinkAbout99-068 CC ResolutionRESOLUTION NO. 99-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING A GRANT OF EASEMENT FOR
TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE
PURPOSES, FACILITATING INFRASTRUCTURE
IMPROVEMENTS RELATING TO THE PROMENADE MALL
PROJECT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
WHEREAS, The property owners as shown in Exhibit "B" have granted an easement
to the City of Temecula for the purpose of the installation and maintenance of traffic signal
equipment on easterly side of Ynez Road between the proposed Overland Drive and
Winchester Road on a private street easement.
WHEREAS, The legal description for the easement off Ynez Road as set forth and
depicted in Exhibit "A", attached hereto;
WHEREAS, the City desires to accept the grants of easement to construct and
maintain that portion of the traffic signal facilities located within the driveway;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula
heraby accepts Easement Deed for Traffic Signal Maintenance purposes, as offered by The
May Department Stores Company, in substantially the form attached hereto as Exhibits "A" and
"B", for the purposes stated therein, but not for street or other maintenance purposes at this
time. The City Engineer is hereby authorized to make minor modifications to the legal
descriptions on said documents.
PASSED, APPROVED, AND ADOPTED, by the Council o. For~d,M
City Council of the ' Temecula at
a regular meeting held on the 13th day of July 1999.
ayor
ATTEST:
Susan 'N. Jones CMC
R:resos\99-68 I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 99-68 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13th day of July, 1999, by the following vote:
AYES:
5 COUNCILMEMBERS: Comerchem, Lindemans, Roberts, Stone, Ford
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
R:resos\99-68 2
EXEMPT RECORDING REQUESTED BY
City of Temecula
PER GOV'T CODE 6103
AND WHEN RECORDED MAIL TO:
Carol Fielding Fasano, Esquire
The May Department Stores Company
611 Olive Street, Suite 1750
St. Louis, Missouri 63101
MAIL TAX STATEMENTS TO
City of Temecula
P.O. Box 9033, 43200 Business Park Dr.
Temecula, CA 92589-9033
ABOVE SPACE FOR RECORDER'S USE
EASEMENT DEED - TRAFFIC SIGNAL EOUIPMENT
1. Conveyance of Easement. For a valuable consideration, THE MAY
DEPARTMENT STORES COMPANY, a New York corporation ("Grantor"), does hereby
quitclaim to THE CITY OF TEMECULA, a political subdivision ("Grantee"), its
successors and assigns, for the purposes hereinafter set forth, and for such
purposes only, a nonexclusive right-of-way easement under and across the lands
of Grantor situated in the City of Temecula, County of Riverside, State of
California, more particularly described on Exhibit "A" attached hereto and made
a part hereof, and more particularly shown on the map attached hereto and made
a part hereof as Exhibit "B" (the "Easement Property").
The easement herein described (the "Easement") shall be used by Grantee
only to construct, lay, install, operate, use, maintain, alter, repair, replace
and inspect and/or remove, from time to time underground traffic signal
equipment, wires and conduit to serve the traffic control signalization adjacent
to the Easement Property.
Grantee shall have the right of reasonable ingress and egress to the
Easement Property subject to the uses which Grantor is then making of the
applicable surface areas.
2. Exceptions. Grantor retains the right to use (a) the surface and (b)
to the extent such use is not inconsistent with Grantee's use thereof, the
subsurface areas of the Easement Property in such manner as Grantor shall deem
proper. Grantor specifically excepts and retains the right to pave and use the
surface as a roadway and to allow other utility lines to be installed under,
across and within the Easement Property, provided such do not interfere with or
endanger the installations of Grantee.
3. Protection of Grantor's Improvements. In its use of the Easement
Property and in the performance of the work which Grantee is authorized to
perform within the Easement Property, Grantee shall avoid any damage to, or
interference with, other improvements within the Easement Property or in its
vicinity.
shall:
Obligations of Grantee.
In making use of the Easement, Grantee
a. Make adequate provisions for the safety and convenience of all
persons using the Easement Property or the improvements installed therein by
Grantee;
b. Replace and restore any areas and improvements disturbed to the
condition they were prior to the performance of such work and raise or lower
manhole and/or manhole castings to conform to the elevation of the planters,
parking area, driveway and road surfaces in which they are located;
c. Following initial installations, Grantee shall regularly
inspect, and, at all times, maintain its facilities and related equipment in good
order and repair and in proper operating condition.
5. Indemnification; Liens.
a. Grantee shall indemnify, defend and hold Grantor, its
directors, officers, agents and affiliates and any other persons or entities
holding an interest in the Easement Property harmless from and against all
claims, demands, suits, actions, liabilities, losses, damages, settlements,
judgments, costs and expenses, including attorneys' fees, in any manner arising
out of, or in connection with, Grantee's use of the Easement Property.
b. Grantee shall not permit any claim, lien, or other encumbrance
arising from its activities to accrue against or attach to the Easement Property
or the interest of Grantor in adjacent lands.
6. Term. The Easement shall terminate and be extinguished upon the
cessation of use thereof for more than twelve (12) months. Upon termination and
extinguishment of this Easement for any reason whatsoever, Grantee shall execute
and deliver to Grantor within 60 days after receipt of written request a good and
sufficient recordable quitclaim and/or termination instrument to the Easement
Property in question. Should Grantee fail or refuse to deliver to Grantor such
a quitclaim and/or termination instrument, written notice of such failure shall
be delivered to Grantee and shall be recorded by Grantor, and ten days thereafter
serve as notice to Grantee and all claiming through it that this Easement and all
rights arising therefrom are terminated.
7. Interference with Business Activity. No construction, repair or
maintenance activities, other than emergency maintenance and repair, shall be
conducted by Grantee on the Easement Property during the months of November or
December of any year that Grantor's building on the land adjacent to the Easement
Property is open for business without the prior written consent of Grantor in
advance of the commencement of any construction, repair or maintenance work upon
the Easement Property and Grantee shall coordinate with Grantor the scheduling
of such work so as to minimize interference with Grantor's business.
8. Relocation of Easement. Grantee agrees that it will, from time to
time, upon request of Grantor, allow the relocation of the Easement to another
area upon the following conditions:
a. Such relocation must be 0f such a nature as to permit the
proper use and operation of Grantee's facilities and the rendering of
satisfactory service thereto;
b. Grantee shall be given and there shall have been recorded a
written right-of-way easement in form similar to this Easement covering the new
location;
c. Grantor will cause the relocation work to be performed and the
cost of such work to be paid.
9. Title and Other ExceOtions. This Easement is subject to all valid
and existing licenses, leases, grants, exceptions, encumbrances, title defects,
matters of record, reservations and conditions affecting the project, including
the Easement Property and access thereto.
10. Abandoned Facilities. Concurrently with the termination of this
Easement or sooner abandonment by Grantee of the facilities in the Easement
Property, Grantee shall remove the facilities and restore the Easement Property.
2
11. Attorneys' Fees and Costs. In the event of any controversy, claim,
or dispute relating to this instrument or the breach thereof, the prevailing
party shall be entitled to recover from the losing party reasonable expenses,
attorneys' fees and costs, whether or not suit is filed.
12. Bindinq. This Easement and the covenants contained herein shall be
binding upon and shall inure to the benefit of the parties, their legal
representatives, successors and assigns.
WITNESS WHEREOF,. the parties hereto have executed this instrument as of
the day of C ~i/~ , 1999.
GRANTOR:
THE PLaY DEPARTMENT STORES COMPANY,
a New York 'iporation
By. ~'~
Title ':
GPJ~NTEE:
CITY OF TEMECULA,
a political subdivision
Title:
STATE OF MISSOURI )
) ss.
CITY OF ST. LOUIS )
On this i ~ day of "91 , 1999, before me, the undersigned,
a Notary Public in and for t. said City and State, personally appeared R. Dean
Wolfe, known to me to be the Executive Vice President of THE MAY DEPARTMENT
STORES COMPANY, a New York corporation, the corporation that executed the within
Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the corporation herein named, and acknowledged to me that such
corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
f~iTNESS my hand and official seal the day and year in this certificate first
bo w~ritten'~ ",
~'~s~ ' ,' ,t'
City an late
KELLY 3. ROTH
My Commission Expires: Nem~ub]~c-Neu~yS~
STATE OF ~SSOUR/
(SEAL) St. Lo,,is County
My COmm{,SiOn Expires ]~nuary 24, 2002
STATE OF )
COUNTY OF )
On this__day of , 19__, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
, known to me to be the person(s) whose
name is subscribed to the within Instrument and acknowledged that
executed the same.
WITNESS my hand and official seal the day and year in this certificate first
above written.
Notary Public in and for said
County and State
My Commission Expires:
(SEAL)
ACCEPTANCE CERTIFICATE
The City Council, City of Temecula hereby accepts the grant of real property as
set forth above.
CITY OF TEMECULA
Steven J. Ford, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
R: \CA\TEMECULA\TRAFFIC2 . ESM
5
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT FOR THE MAINTENANCE OF TRAFFIC SIGNALS OVER A PORTION OF PARCEL 3 OF
PARCEL MAP NO. 28530-1 FILED IN BOOK ].92 , PAGES 38 THROUGH Z~6 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE PARCEL LINE COMMON TO LOT "B", PARCEL 1 AND PARCEL 3 OF
SAID PARCEL MAPS, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE SHOWN AS N 48o0O'O5" E 109.13' PER SAID PARCEL MAP;
THENCE ALONG THE PARCEL LINE COMMON TO SAID PARCEL 1 AND SAID LOT 'B", NORTH 41°59'55'
WEST A DISTANCE OF 38.18 FEET, TO THE INTERSECTION OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 35.00;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE, ALSO BEING ALONG
THE PARCEL LINE COMMON TO PARCEL 3 AND PARCEL 22 OF SAID PARCEL MAP, FROM A
TANGENT BEARING OF NORTH 62°54'07" EAST, THROUGH A CENTRAL ANGLE OF 14°54'02' A
DISTANCE OF 9.10 FEET;
THENCE ALONG SAID PARCEL LINE, NORTH 48°00'05" EAST A DISTANCE OF 98.00 FEET;
THENCE SOUTH 41 °59'55" EAST A DISTANCE OF 37.00 FEET TO A POINT IN THE PARCEL LINE
COMMON TO PARCEL 1 AND PARCEL 3 OF SAID PARCEL MAP;
THENCE ALONG LAST MENTIONED PARCEL LINE, SOUTH 48°00'05" WEST A DISTANCE OF 107.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 3,963 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B", ATTACHED.
~*iDWARD A
H:~-IAVVTHO-I\EASEME~ I\ED\PARCEL_3.WPD
Marcrt 9, 1998 (3:13pm)
Page 1
EXHIBIT "B"
PORTION OF PARCEL 3
PARCEL MAP 28530-1
PARCEL 22
PM 28530-i
S41 ° 59' 55 "E
37.00'
R=35.00'
A=I 4 ° 54' 02"
L=9.10'
T=4,58' 0~,'<c'/
,
~/
PARCEL 23
PM 28530-
SCALE: 1" = 40'
0&NIILo T I ~. SUIT[ 314