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Home My WebLink About01-095 CC ResolutionRESOLUTION NO. 01-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION FOR A STORM DRAIN EASEMENT AND RIGHT OF WAY WITHIN PARCEL 2 OF PARCEL MAP NO. 28530-1 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: The design of the Macy's Department Store at the Promenade Mall requires the relocation of a portion of an existing storm drain and that portion of storm drain has already been removed from within an existing storm drain easement; The owner, Temecula Town Center Associates, LP has submitted an offer of dedication for a storm drain easement and right of way that is consistent with the proposed relocation of the storm drain; C. The City will quitclaim a portion of the existing storm drain easement that was dedicated on Parcel Map No. 28530-1 by a separate resolution; D. Acceptance of the easement deed serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the storm drain easement and right of way by Temecula Town Center Associates, LP as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the offer of dedication of storm drain easement and right of way by Temecula Town Center Associates, LP. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held °n the 23~d day °f Oct°b/er 200~1~-~ merchero, Mayor ATTESt: [SEAL] R:/Resos 2001/Resos 01-95 I 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. 01-95 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of October, 2001 by the following vote: AYES: 5 COUNCILMEMBERS: Naggar, Pratt, Roberts, Stone, Comerchero NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Susa~n W. JoneS, CMC ty Clerk R:/Resos 2001/Resos 01-95 2 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 May 11, 2001 JN 15100235-M2 Page 1 of 2 EXHIBIT "A" Legal Description Promenade in Temecula Storm Drain Easement That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 28530-1 per map filed in Book 192, Pages 38 through 46 of Parcel Maps in the Office of the County Recorder of said Riverside County, included within two strips of land, the centerlines of which are described as follows: COMMENCING at the northeasterly terminus of Course No. 14 (North 73 o 13'46" East 300.27 feet) in the centerline of a storm drain easement as shown on Sheet 9 of 9 of said Parcel Map No. 28530-1; thence along said course South 73°13'46" West 66.93 feet to the TRUE POINT OF BEGINNING for a strip of land 25.00 feet wide, said point being the beginning of a tangent curve concave southeasterly and having a radius of 45.00 feet; thence along said curve southwesterly 31.92 feet through a central angle of 40°38'38"; thence tangent from said curve South 32035'08" West 64.93 feet to the beginning of a tangent curve concave northwesterly and having a radius of 45.00 feet; thence along Said curve southwesterly 31.92 feet through a central angle of 40 °38'38" to a point bereinafter referred as Point "A'. Also, BEGINNING at Point "A" for a strip of land 28:00 feet wide~ the centerline of which is described as follows: thence tangent from said curve South 73° 13'46" West 121.89 feet to the beginning of a tangent curve concave northerly and having a radius of 45.00 feet; Exhibit "A" Storm Drain Easement May 11, 2001 JN 15100235-M2 Page 2 of 2 thence along said curve westerly 30.62 feet through a central angle of 38°59'10"; thence tangent from said curve North 67 °47'04" West 95.11 feet to the beginning of a tangent curve concave southerly and having a radius of 45.00 feet; thence along said curve westerly 24.60 feet through a central angle of 31 ° 19'01" to the tangent intersection with Course No. 12 (North 80053'55" East 437.72 feet) as shown on said Sheet 9 of 9 and the POINT OF TERMINATION. CONTAINING: 0.249 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B" attached and by this reference made a part hereof. Prepare..~ the direct supervision of: ,~ymond L. Mathe, PLS 6815 My License Expires 3/31/02 ( EXHIBIT "A" RECORDING REQUESTED BY: City of Temecula, California AFTER RECORDING MAIL TO: City Clerk City of Temecula P.O. BOX 9033 Temecula, CA 92589-9033 ABOVE SPACE FOR RECORDER'S USE STORM DRAIN EASEMENT THIS DOCUMENT IS RECORDED AS A BENEFIT TO THE CITY OF TEMECULA AND IS EXEMPT FROM RECORDING FEE PURSUANT TO SECTION 6103 OF CALIFORNIA GOVERNMENT CODE. ASSESSOR'S PARCEL NO. 910-130-070, 071AND 073 PROJECT NO. MACYS Temecula Towne Center Associates, L. P., a California Limited Partnership, hereinafter designated GRANTORS, represent that they are the owners of the hereinafter described real property, and for a valuable consideration, receipt of which is hereby acknowledged, do hereby grant, bargain, convey and release unto the City of Temecuia, a municipal corporation, in the County of Riverside, State of California, hereinafter designated GRANTEE, its successors and assigns, a perpetual STORM DRAIN EASEMENT and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of an enclosed storm drain system including any and ail structures and appurtances incidental thereto designed to convey stormwater runoffthrough the property of the GRANTORS, together with the right to have and hold said easement and right-of- way unto itself and unto its successors and assigns forever and to convey said easement, or any portion thereof, to other public agencies. The real property referred to hereinabove and made subject to said easement by this grant is situated in the City of Temecula, State of California, and is more particularly described as follows: LEGAL DESCRIPTION (See Exhibits - "A" & "B" attached and incorporated herein by this reference as set forth in full) The GRANTORS shall not construct buildings or structures, install trees or bushes, or otherwise obstruct in any fashion whatsoever the use of said easement and right-of-way by the GRANTEE, its successors or assigns without the express written consent of the GRANTEE as demonstrated by issuance of an Encroachment Permit issued by the GRANTEE. The GRANTEE shall have the right but not the obligation to remove any buildings, structures, trees bushes or other obstruction that interfere with the right of the GRANTEE to use said easement and right-of-way. EXHIBIT "A" The GRANTEE, its successors and assigns, shall be responsible for maintaining and keeping in good repair the above described works and shall have a fight-of-entry upon the properly of the GRANTORS for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of improvement. There is reserved to the GRANTORS, their successors and assigns, the fight and privilege to use the above described land of the GRANTORS at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the GRANTEE, its successors and assigns, of the rights and privileges herein granted. The GRANTORS for themselves, their successors and assigns, hereby waives any claim for any and all damages to GRANTOR'S remaining property contiguous to the easement hereby conveyed by reason of the location, design, construction or maintenance of said drainage facilities or said easement. WITNESS. WHEREOF, the GRANTORS have executed this instrument this ~5" day of ~, 2001. GRANTORS: -~,~,¢~.~t '~6~,"~ Ce.~¢¢-~ ~/'~' ~ By: (sign here) (print name here) (rifle of signatory) By: "//' (sign here) /(print name here) (rifle of signatory) (Ali OWNERS must sign) (Proper notarial acknowledgment of execution by OWNER must be attached.) · ' v~c~e resident and:secretary or assistant secretary must sign for oorporatlon~, l( President or ' -P ............ ~s~lu~ ~ ~fl~t I~/t~ ~ ,~ (AEach appropriate Subordination Agreements as applicable) EXHIBIT "A" STATE OF OHIO ) ) COUNTY OF CUYAHOGA) SS: BEFORE ME, the undersigned Notary Public in and for said County and State, personally appeared the above named TEMECULA TOWNE CENTER ASSOCIATES L.P., a California limited partnership, by F.C. Temecula, Inc., its General Partner, by David J. LaRue, its Vice President, and Layton McCown, its Assistant Secretary, who acknowledged that they did sign the foregoing instrument and that the same is their free act and deed personally and the free act and deed of said partnership. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Cleveland, Ohio, this 35' day of ~ ,2001. Notary Public CITY OF TEMECULA CERTIFICATE OF ACCEPTANCE FOR DEDICATION OF REAL PROPERTY This is to certify the easement dedication dated September 25, 2001 for a STORM DRAIN EASEMENT granted by Temecula Towne Center Associates, L. P., a California Limited Partnership, to the City of Temecula, a municipal corporation, has been accepted by the Temecula City Council pursuant to Government Code Section 27281. Said easement was accepted on October 23, 2001. The GRANTEE consents to the recordation thereof by its duly authorized officer. Susan W. Jones, CMC City Clerk H:~data\15100235\OFFICE~WFWVIN~Storm drain easement.wpd 100 200 300 GRAPHIC SCALE DATA TABLE ~ .... ~_~_~_~_/3%~____~_¢_L~_~_ .... ~_~_~_~_~_~__ 1 31'19'01" 45.00' 24.60' 2 N67"47'O4"W -- 95,11' 3 58°59'10" 45.00' 30.62' 4 S73°13'46''w -- 121.89' 5 40°38'38" 45.00' 31.92' 6 S52°35'08"w -- 64.95' 7. 40"38'38" 45.00' 31.92' 8 07°40'09'' 90.00' 12.05' PGL. 1 "-' '~ MAP NO,, PAVC~L P.,M.B., 19213.8-48 PCb 2 .95' EXHIBIT ;TORM DRAIN MAY 11 9QQ1 C/L EASEMENT SCALE REG I ONAL SHEET nONSU LTl N EJ FIELD 'BODK · 1 DF 1 SHEET 909.676.8042 · FAX 909,~76.724o - vn',~'.,':~=-corn JBI~l NO. 15100235-M2