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HomeMy WebLinkAbout01-045 CC ResolutionRESOLUTION NO. 01-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION OF STORM DRAIN EASEMENT ON THE SOUTH SIDE OF DATE STREET AT A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME 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: A.' County of Riverside Staff has established the requirement for the installation of the Margarita Road Storm Drain on the Southerly half of Date Street, located within the City of Temecula, as conditions of approval prior to recordation of Tract 28184; B. As part of the construction of the required improvements it is necessary for the developer, Lennar Homes of California, a California Corporation, to provide an easement, as submitted to be recorded as an Irrevocable Offer of Dedication of Grant of Easement, for drainage and maintenance purposes; C. The developer, Lennar Homes of California, a California Corporation, has submitted a Declaration of Dedication of an easement for drainage and maintenance purposes; D. Acceptance of this grant of easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the Declaration of Dedication of easement by Lennar Homes of California, a California Corporation, for drainage and maintenance purposes as attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the Declaration of Dedication of easement as attached hereto as Exhibit "A", but not into the City Maintained Street System at this time. R:/Resos2001/Resos 01-45 1 A'I-I'EST: ' ' ~~Je~ff~ayOr 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. 01-45 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: 4 COUNCILMEMBERS: Naggar, Roberts, Stone, Comerche~o NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Pratt ABSTAIN: 0 COUNOILMEMBERS: None R:/Resos2001/Resos 01-45 2 CONSENT TO RECORD (GOV. CODE 7050) NO FEE (GOV. CODE 6103) AFTER RECORDING RETUP~ TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 Project: Santa Gertmdis Valley Assessment District 161 Margarita Road Storm Drain Project No.: 7-0-179 Drawing No.: 7-154 DECLARATION OF DEDICATION LENNAR HOMES OF CALIFORNIA, a California Corporation, Hereby Irrevocably Dedicates in Perpetuity to the City of Temecula, a municipal corporation, an easement for the construction, use, repair, reconstruction, inspection, operation and maintenance Margarita Road Storm Drain outlet and all appurtenant works, including ingress and egress thereto, over that certain real property situated in the County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and made a part hereof. // a California corporation By: .......... ;....--: ........................................................... Title: ....... .0....: ~...., ................................................... (Notary) Title: ........................................................................ (Notary) .... County of Orange ' On 8/30/00 ~fomme, J~nice L. Zlaket personally appeared 't~om?~.Banks . - [] personally known lo me - OR - [-~ ~dz~x~to be the person~) whose, name(~ is;~g subscribed to the within instrument and acknowledged to me that he/she~z~executed the same in his]h,,~/xh-k authorized capacity(i~), and that by his~a~zF, r~i~' signaturesf~) on the instrument the person(~). or the entity' upon behalf of which the person(~) ac~ed, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevegt fraudulent attachment of this acknowl- edgement to un unaulhorized documcnC CAPACITY cLAIMED BY SlGI~'ER (PRINCIPAL) [] INDIVIDUAL [] .CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Declaration of Dedication TITLE OR TYP£ OF DOCUMENT [] P~RTN£R(S) 3 [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTF~:(S) ~ GUARDIAN/CONSERVATOR DATE OF DOCUMENT _[31 OTHER: SIGNER IS REPRESENTING: NAMe OF P~:.J;..~iON(S ) OP. EJ~rl'n'Y(~) OTHER RIGI-IT THUMBPRINT OF SIGNER EXHIBIT A EASEMENT LOT 161 BEING A PORTION OF LOT 161, OF THE MURRIETA PORTION OF THE TEMECULA LAND AND WATER COMPANY MAP ON FILE IN BOOK 8 OF MAPS, AT PAGE 359, RECORDS OF SAN DIEGO COUNTY, ALSO BEING A PORTION OF SEC. 23, T7S, R3W, PROJECTED, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 161; THENCE; THENCE; THENCE; THENCE; THENCE; SOUTH 41°46'54'' EAST, 46.00 FEET ALONG THE COMMON LINE OF SAID LOT 161 AND LOT 168 OF SAID MAP; · LEAVING SAID COMMON LINE SOUTH 10° 44'01" WE~T, 111.55 FEET; NORTH 79°13'49'' WEST, 55.73 FEET; NORTH 41° 46'54" WEST, 69.64 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 161; NORTH 48°13'06" EAST, 122.40 FEET, ALONG SAID NORTHWESTERLY LINE, TO THE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.23 ACRES, MORE OR LESS. 45' ~ 42 " SEC 23, T7S, R3W Pacific Consultants Enterprise Circle West,'Temecula, CA., 92590 PLAT IS SOL~.Y AN AID IN LOCATING 'ITIE PARCEl(S) DESCRIBED IN THE ATTACHED DOCUME~IT. IT IS NOT PART OF THE WRIlll~l DESCRIPTION THE:REIN. CIVIL ENGINEERS LAND SURVEYORS, PLANNERS ':' W.O. # SHEET 1 OF I 52g015