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Home My WebLink About02-062 CC ResolutionRESOLUTION NO. 02-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR DRAINAGE PURPOSES WITHIN PARCEL 1 OF PARCEL MAP 22554 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. The design of Tract Map 23209 requires installation of certain storm drain facilities to collect and convey upstream runoff within Parcel Map 22554; The owners of Parcel Map 22554, Lennar Land Partners II, are herby submitting an irrevocable offer of dedication of grant of easement for drainage purposes, C. Said easement is to the City in order to accommodate the maintenance of the storm drain facilities/inlets, D. Acceptance of the 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 irrevocable offer of dedication of grant of easement for drainage purposes by Lennar Land Partners II as described in Exhibits "A", "B", and shown in Exhibit "C" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the irrevocable offer of dedication of grant of easement for drainage purposes by Lennar Land Partners I1. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of July 2002. ~- ~--~~Fon ~yor ATTEST: '.:. (S~.AL) '. R:/Resos 2002/Resos 02-62 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 02-62 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of July, 2002 by the following vote: AYES: 4 NOES: 0 ABSENT: 1 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts None Stone None ity Clerk R:/Resos 2002/Resos 02-62 2 I EXEMPT RECORDING KEQUESTED BY City of Temecula PER GOV'T CODE 6103 .ND WHEN RECORDED MAIL TO ,~ity of Temecula - City Clerk P.O. Box 9033 Temeeula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Temecula - City Clerk P.O. Box 9033 Temecula, CA 92589-9033 IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT The undersigned LENNAR LAND PARTNERS H, a Florida general partnership ("Grantor"), being the title owner of record of the real property situated in the City of Temecula, County of Riverside, State of California more particularly described on Exhibit "A" attached hereto (the "Property"), does hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California ("City"), and its successors or assigns, of an easement for drainage purposes on and over that certain portion of the Property described in Exh~oit "B" (written description) and shown on Exhibit "C" (plat map) attached hereto ("Drainage Easement"). , makes an irrevocable offer of dedication to the City, and it successor and assigns, of an easement for temporary ingress and egress on, over, and across those portions of the Property as may be reasonably necessary to maintain the stenn drainage systemlocated within the Drainage Easement ("Access Easement"). Such Access Easement shall terminate, at no cost to Grantor, as follows: (i) the Access Easement over that portion of the Property located to the north of that certain public street commonly known as Ahem Place shall terminate upon the commencement of construction upon the Property north of Ahem Place; and (ii) the Access Easement over that portion of the Property located to the south of Ahem Place shall terminate upon the commencement of construction upon the Property south of Ahem Place. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns and personal representatives o fthe respective parties hereto. 1N W1TNESS THEREOF, these presents have executed this instrument this STATE OF CALIFORNIA ) IonOUNTY OF RIVERSIDE ) ~?'il ~, ")'0~, before me,~t~cJ0~, ~J~ .~ff' , Not~ Public,'~ .anll.for}gid ~mte, personally a~e~ea ~) to be ~e person~ whose n~e~ ii~ subscribed to ~e ~thln gmat ~d ac~owledged m me ~at he/~c/[~ executed ~ sine ~ hs~ au~omed capaci~(~, ~d ~at by ~ si~e(~ on ~e ~men~ ~e person~, or ~e enfiW ~on be~lf of w~ch ~e person(~ acted, executed ~e ~ment. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF RIVERSIDE Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory ~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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 immanent, the person(s), or the entity upon behalf of which the person(s) acted, executed the insmtment. WrlNESS my hand and official seal. i~'~1 dayof ~t~([ t ,20.Do~-. LENNAR LAND PARTNERS H, a Florida general partnership By: Lennar ttomes of California, Title: a California ~)rpora~$on it ~1 At t orn[yin-Fac t By: Inc. Signature CiTY OF TEMECULA Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CONSENT TO RECORDATION OF OFFER OF DEDICATION This is to certify that the City of Temecula consents to the recordation of the attached Offer of Dedication by order of the City Council made on July 9, 2002. Nothing herein is intended nor shall anything herein be construed as acceptance of the Offer of Dedication. City of Temecula By:. Ron Roberts, Mayor ATTEST: By: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Forms~Acceptance Cert for Offer of Dedication EXHIBIT "A" 'LEGAL DESCRIPTIONi FOR THE PROPERTY THAT PORTION OF PARCEL 1 OF PARCEL MAP 22554, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 147 PAGES 94 TO 97 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF BUTTERFIELD STAGE ROAD 55.00 FEET WIDE, SAID POINT BEING THE INTERSECTION OF SAID SOUTHWESTERLY LINE AND THE NORTHERLY TERMINUS OF THAT CERTAIN LINE SHOWN AS "NORTH 03° 25' 05" EAST 33.78 FEET; ON THE MAP OF TRACT NO. 23103-1, RECORDED IN BOOK 252 PAGES 29 TO 31 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE SOUTH 03° 25' 05" WEST ALONG SAID LINE 33.78 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT "A" AS SHOWN ON SAID MAP; THENCE ALONG SAID NORTHWESTERLY LINE AND IT'S SOUTHWESTERLY EXTENSION THE FOLLOWING COURSES; SOUTH 50° 30' 29" WEST 230.49 FEET TO THE BEGINNING OF A TANGENT CURVE; CONCAVE SOUTHEASTERLY AND HAVING A Pd%DIUS OF 430.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 57' 50" A DISTANCE OF 59.77 FEET; THENCE NORTH 67° 58' 21" WEST 106.94 FEET; THENCE NORTH 73° 52' 03" WEST 79.43 FEET; THENCE NORTH 73° 36! 11" WEST 79.76 FEET; THENCE NORTH 03° 57' 22" EAST 181.40 FEET; THENCE NORTH 19~ 54' 52" WEST 55.68 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14° 20' 45" A DISTANCE OF 37.56 FEET; THENCE NORTH 55° 44' 23" EAST 68.44 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5110.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 55~ 44' 23" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3~ 56' 25" A DISTANCE OF 351.42 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 270.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 59° 40' 48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 29' 17" A DISTANCE OF 40.00 FEET; THENCE SOUTH 28° 21' 22" WEST 165.00 FEET; THENCE NORTH 89° 49' 19" WEST 310.00 FEET; THENCE NORTH 00° 28' 01" EAST 2001.50 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID BUTTERFIELD STATE ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 4855.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 81° 50' 04" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30~ 40' 49" A DISTANCE OF 2599.72 FEET TO THE POINT OF BEGINNING. EXCEPTING ALL MINERALS, OIL, GAS AND RIGHTS BELOW THE DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION IN DEED RECORDED NOVEMBER 13, 1987 AS INSTRUMENT NO. 326397 OF OFFICIAL RECORDS OF SAID COUNTY, AND AS GRANTED TO MIDLAND INVESTMENT CORPORATION IN A DOCUMENT RECORDED APRIL 15, 1988 AS INSTRUMENT NO. 99500 OF OFFICIAL RECORDS OF SAID COUNTY. EXHIBIT 'B' LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS ALL THOSE PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 22554, AS SHOWN BY MAP ON FILE IN BOOK 147, PAGES 94 THROUGH 98 OF MAPS, RECORDED DECEMBER 31, 1987 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF SAID PARCEL 1 WHOSE COURSE BEARS NORTH 00°28'01" EAST PER SAID PARCEL MAP, SAID POINT BEING THE INTERSECTION WITH SAID WESTERLY BOUNDARY AND THE CENTERLILNE OF SOUTH GENERAL KEARNY ROAD AS SHOWN ON SAID PARCEL MAP NO. 22554; THENCE ALONG SAID WESTERLY BOUNDARY 1. NORTH 00°27'48" EAST 512.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY !. NORTH 00027'48'' EAST 20.00 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY 3. NORTH 84°00'11'' EAST 75.21 FEET; THENCE 4. SOUTH 05°59'49'' EAST 20.00 FEET; THENCE 5. SOUTH 84°00'11" WEST 76.34 FEET; THENCE 6. NORTH 89°32'02" WEST 1.13 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1527 SQUARE FEET MORE OR LESS. PARCEL ~B' COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF SAID P/LRCEL 1 WHOSE COURSE BEARS NORTH 00°28'01'' EAST PER SAID PARCEL MAP, SAID POINT BEING THE INTERSECTION WITH SAID WESTERLY BOUNDARY AND THE CENTERLILNE OF SOUTH GENERAJ~ KEAR_NY ROAD AS SHOWN ON SAID PARCEL MAP NO. 22554; THENCE ALONG SAID WESTERLY BOUNDARY 1. SOUTH 00027'48'' WEST 66.34 FEET TO THE TRUE POINT OF BEGINNING; 'THENCE CONTINUING ALONG SAID PAGE 1 OF 2 :. SOUTH 00°27'48" WEST 20.36 FEET; 3. NORTH 79o36'32'' EAST 34.30 FEET; 4. NORTH 72041'47'' EAST 69.25 FEET; 5. NORTH 17°18'13'' WEST 20.00 FEET; 6. SOUTH 72°41'47" WEST 68.05 FEET 7. SOUTH 79o36'32'' WEST 29.26 FEET CONTAINS 2008 SQUARE FEET MORE OR LESS. WESTERLY BOUNDARY THENCE LEAVING SAID WESTERLY BOUNDARY THENCE THENCE THENCE THENCE TO THE TRUE POINT OF BEGINNING. PAGE 2 OF 2 EXHIBIT "C" SHEET I OF 2 PROJECT VICINITY MAP NOT TO SCALE ASSESSOR'S PARCEL NUMBERS: 953-050-009 95,1-390-007 OWNERS: LENNAR LAND PARTNERS, II, A FLORIDA GENERAL PARTNERSHIP ~ASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRA~NG IS THE EAST LINE OF PARCEL 4, ALSO C/I, BUTTERFIELD STAGE ROAD AS SHOWN ON PARCEL MAP FILED IN BOOK I PAGES 44-46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE, CALIFORNIA BEING N 00'27'48" E. LEGEND: ~'"?"'"?"~'"~ INDICATES DRAINAGE EASEMENT DEDICATED HEREON ~."~'"~ PARCEL 'A' - AREA: 1527 SO FT ( ) [ ] PARCEL '8' - AREA: 2008 SO FT INDICATES RECORD DATA PER PM 1/44-46 INDICATES RECORD DATA PER PM 147/94-98 SCOTT A. HURST L,S~ 7f78 REGISTRAI~ON EXPII~S 12/31/03 T=\SURVEY\2138\PLATS\Temecu[o.\2138POLdwQ 7~ ~ '~'BO ?LAOE / BO O0 9~ 01 LINE BEARING lENGTH t l NOO'2 7'48~E 20.00' L2 N84'OO'II'E 75.21' t3 S05'~9'49'E 20.00' L4 S84'00'11'W L$ N89'32'O2'W I. L6 S00'27'48'W 20,36' L7 N79'36'32'E 34.30' L8 N72'41'47"E 69.23' t9 NIT'IS'I3"W 20,00' tlO S72'41'47'W 68.0~' LI1 S79'36'$2'W 29.26' SHEET 2 OF 2 \ OB PCL PARCEL MAP NO. 22554- T:\SURVEY\~I38\PLATS\2138PO2,dwg