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Home My WebLink About01-035 CC ResolutionRESOLUTION NO. 01-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A VEHICULAR ACCESS EASEMENT TO THE UNDERLYING FEE OWNERS LOCATED WITHIN TRACT MAP NO. 23125-1, THROUGH RESIDENTIAL LOT 29 AND OPEN SPACE LOT 43, FROM CALLE MORITA TO BUTI'ERFIELD STAGE ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temecula Planning Director approved a Revised Map for Vesting Tract Map No. 23125 and related Conditions of Approval, in particular Condition of Approval No. 7, which required the construction of a temporary secondary access road and the procurement of an access easement; and, WHEREAS, the developer offered for dedication a 32-foot wide emergency vehicular access easement on Final Tract Map No. 23125-1 across residential Lot 29 and open space Lot 43; and, WHEREAS, all street improvements within the subdivision are now completed and all lots within the first phase of the subdivision are occupied with the exception of Lot 29, and therefore this secondary access road is no longer needed; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby approves a quitclaim which quitclaims the emergency vehicle access easement across residential Lot 29 and open space Lot 43 to the underlying fee owners, KB Home Coastal, Inc. and California Tradewinds Homeowners Association, a California non-profit mutual benefit corporation, respectively and authorizes the Mayor to execute the quitclaim deed in substantially the form attached. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22"d day of May 2001. :[SEAL] -- Jeff Comerchero Mayor R:Resos 2001~¢{eso 01-35 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 01-35 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of May, 2001, by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Naggar, Pratt, Comerchero None Roberts, Stone ~.......__.~,,/City Clerk R:Resos 2001'~:{eso 01-35 2 WHEN RECORDED MAIL TO:. Cily of Temectda P.O. Box 9033 43200 Business Park Drive Teme~Jla, CA 92589-9033 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ~- Computed on the consideration or value of propeffy conveyed; OR Computed on the consideration or value less Irens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax B Rrm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, THE CITY OF TEMECULA does hereby remise, release and forever quitclaim to: KB Home Coastal, Inc. the real property In the C/ty of Temecula, County of Riverside, ~tate of Ce/Ifomla, described as: See attached Exhibits A and B, legal description and map. Dated: STATE OF CALIFORNIA ) )ss. COUNTY OF ) personally known fo me (or proved fo me on the basis of safisfacto~ evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknov~edged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument, the p~rson(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. Dated: STATE OF CALIFORNIA COUNTY hts/be~,~,lr signatum(lll~ on the instrument, the perm,, o~ the en§ty Jeff Comerche£o, ~ayor Susan W. Jones, CMC/~,~, City Clerk Approved as to Form Peter M. Thorson, CltyAtforney (This area for official notarial seal.) Guiinin]m Deed acimowindgment, acceptance and authodzatinn fo reconJ: EXHIBIT A THAT PORTION OF LOT 29 OF TRACT 23125-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK OF MAPS NO. 246, PAGES 81-85, O.R. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 29, THENCE ALONG THE SOUTHWESTERLY LINE THEREOF S 27038'50" E 14.46 FEET TO THE NORTHWESTERLY LINE OF A 32.00 FOOT WIDE EMERGENCY VEHICULAR ACCESS EASEMENTAS SHOWN ON SAID MAP OF SAID TRACT NO. 23125-1, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 116.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 20°22;27"W; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF SAID EMERGENCY VEHICULAR ACCESS EASEMENT 94.77 FEET THROUGH A CENTRAL ANGLE OF 46°48'28"; THENCE S 63033' 59" E 124.24 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 29, BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 70.00 FEET, A RADIAL TO SAID POINT BEARS N 50°21'12" W;'THENCE SOUTHWESTERLY ALONG SAID CURVE 32.29 FEET THROUGH A CENTRAL ANGLE OF 26025'34" TO THE MOST SOUTHERLY CORNER OF SAID 32.00 FOOT WIDE EMERGENCY VEHICULAR ACCESS EASEMEN~ THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID EASEMENT, BEING 32.00 FEET (MEASURED AT RIGHT ANGLES) SOUTHWESTERLY OF THE NORTHEASTERLY LINE THEREOF, PARALLEL TO SAID NORTHEASTERLY LINE, N 63°33'59"W 124.24 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF .84.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 64.53 FEET THROUGH A CENTRAL ANGLE OF ~.~. 000'45" TO SAID SOUTHWESTERLY LINE OF SAID LOT 29; THENCE ALONG SAID SOUTHWESTERLY LINE N 27038'50" W 32.36 FEET TO THE TRUE POINT OF BEGINNING. 4-t8.o WHEN RECORDED MAIL TO: City Clerk's Depa~enent City of Temecula P.O. Box 90,33 43200 Business Park Drive Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $. -0- Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax- Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF.TEMECULA does hereby mmise, release and forever quitclaim to: California Tradewinds Homeowners Association, a California non-profit mutual benefit corporation the real property in the City of Temecula, County of Riverside, State of California, described as: See attached Exhibits "A' and "B," legal description and map. This quitclaim shall release only the City's interest in the described land. It shall not affect any City obligations, including but edt limited I o any maintenance obligations, pertaining to the described land or any other parcel. Dated: STATE Of CALIFORNIA ) /J~fe~/~.~/~ Jeff Comerchero, Mayor )ss. COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iss), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf Susan W. Jones, CMC/./~, City Clerk Approved as to FO/Tn Peter M. Thorson, City Attorney EXHIBIT A THAT PORTION OF LOT 43 OF TRACT 23125-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK OF MAPS NO. 246, PAGES 81-85, O.R. DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 43, THENCE ALONG THE SOUTHWESTERLY LINE THEREOF S 22°57'33" E 14.71 FEET TO THE NORTHERLY LINE OF THE 32.00 FOOT WIDE EMERGENCY VEHICULAR ACCESS EASEMENT AS SHOWN ON SAID MAP OF SAID TRACT NO. 23125-1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY LINE OF SAID EMERGENCY VEHICULAR ACCESS EASEMENT N 67°02'27" E 13.84 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 116.00 FEET; THENCE EASTERLY ALONG SAID CURVE 5.23 FEET THROUGH A CENTRAL ANGLE OF 2°35'06" TO THE NORTHEASTERLY LINE OF SAID LOT 43; THENCE ALONG SAID NORTHEASTERLY LINE S 27e57'33" E 32.36 FEET TO THE SOUTHEASTERLY LINE OF SAID EMERGENCY VEH/CULAR ACCESS EASEMENT, BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 84.00 FEET, A RADIAL TO SAID POINT BEARS N 17e34'44" W~; THENCE WESTERLY ALONG SAID CURVE 7.89 FEET THROUGH A CENTRAL ANGLE OF 5e44'49"; THENCE S 67°02' 27" W 13.84 FEET TO SAID SOUTHWESTERLY LINE OF SAID LOT 43; THENCE ALONG SAID SOUTHWESTERLY LINE N 22e57'33"W 32.00 FEET TO THE TRUE POINT OF BEGINNING. .../