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HomeMy WebLinkAbout99-070 CC ResolutionRESOLUTION NO. 99-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE P U RPOS ES, FACI LITATI NG I N F RASTRUCTU RE 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 southerly side of Winchester Road between Ynez Road and Margarita Road on a private street easement. WHEREAS, The legal description for the easement off Winchester 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 hereby accepts Easement Deed for Traffic Signal Maintenance purposes, as offered by J. C. Penney Properties, Inc., a Delaware Corporation, 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 City Council of the Ci~ emecula at a regular meeting held on the 13th day of July 1999. .,e el/Z-Ford,~Ma yorv n ATTEST: Susan 'V Jon CMC [SEAL] R:resos\99-70 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. 99-70 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: Comerchero, Lindemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None erk R:resos\99-70 2 EXEMPT RECORDING REQUESTED BY City. of Temecula PER GOV'T CGDF 6103 AND WHEN RECORDED MAIL TO ~tv of Temecula - City Clerk , I Box 9033. 43200 Business Park Dr. necula. CA 92589-9033 ~L TAX STATEMENTS TO City of Temecula P O Box 9033, 43200 Business Park Dr. Temecula. CA 92389-9033 EASEMENT DEED = TRAFFIC SIGNAL EQUIPMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, J. C. PENNEY PROPERTIES, INC. ,a Delaware corporation GRANT(S) to the CITY OF TEMECULA, a political subdivision, an easement for traffic signal equipment, including the construction and maintenance over, upon, across, and within real property in the City of Temecula, State of California, described as: See Attached Exhibits - For Complete Description IN WITNESS THEREOF, these presents have executed this instrument this ,~ l'k,. day of e{'~",C k , 19e-"~ TEXAS STATE OF gRkM~,s, } SS. COUNTY OF I~f!R~.J~]{} CeLLIN ' C('~ ~ ~ I~ qq , before me me undersigned, otary Public in and for the State of California, personally appeared personally known to me (or preyed t,, .... on the basis of satisfactory evidence) to be the person/es'y whose nan~ is/Jse'subseribed to the within instrument and acknowledged to me that he/.ahetth.y executed the same in his/h_~ authorized capaeity(j~, and that by his/bm.tllie~r signatureCs..)r on the instrument the person(,s,y, or the entity upon behalf of which the person(~J' acted, executed the instrument. WITNESS my hand and official seal. Print N~ INC. ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby accepts the grant of real property as set forth above. CITY OF TEMECULA ATTEST: Steven J. Ford. Mayor BY: Susan W. Jones, CMC __ City Clerk ROVED AS TO FORM: BY: Peter M. Thorson, City Auorney EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR THE MAINTENANCE OF TRAFFIC SIGNALS OVER A PORTION OF PARCEL 4 OF PARCEL MAP NO. 28530-1 FILED IN BOOK 192 , 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: COMMENCING AT A POINT IN THE PARCEL LINE COMMON TO LOT "A", PARCEL 1 AND PARCEL 4 OF SAID PARCEL MAPS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS N 41 °52'24" W 272.59' PER SAID PARCEL MAP; THENCE ALONG THE PARCEL LINE COMMON TO SAID PARCEL 1 AND SAID PARCEL 4, SOUTH 41°52'24" EAST A DISTANCE OF 25.00 FEET, TO THE INTERSECTION WITH A LINE PARALLEL TO AND DISTANT 25.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT "A", SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLy ALONG SAID PARALLEL LINE, NORTH 48°07'36" EAST A DISTANCE OF 43.00 FEET, TO A POINT IN THE PARCEL LINE COMMON TO PARCEL 4 AND PARCEL 11 OF SAID PARCEL MAP; THENCE ALONG LAST MENTIONED PARCEL LINE, SOUTH 41°52'24" EAST A DISTANCE OF 96.00 FEET; THENCE SOUTH 48007'36" WEST A DISTANCE OF 43.00 FEET TO A POINT IN THE PARCEL LINE COMMON TO SAID PARCEL 1 AND SAID PARCEL 4; THENCE ALONG LAST MENTIONED PARCEL LINE, NORTH 41 °52'24" WEST A DISTANCE OF 96.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,128 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B", ATTACHED. H:\HAWTHO- 1 \EASEME~ I\ED\PARCEL _4.WPD March 9, 1998 (3:15pm) Page 1 EXHIBIT "B" PORTION OF PARCEL 4 PARCEL MAP 28530-1 / / / / / TPOB \ o p~x/t 2a~,~o~ j / ~ .~ ~ SCALE: