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HomeMy WebLinkAbout97-09 TCSD Resolution- RF~OLUTION NO. CSD 97-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE QUITCLAIM FROM THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING CERTAIN SLOPE AREAS WITHIN TRACT NO. 25125-3 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. The City of Temecula accepted the dedication the easement over lot 77 and portions of lots 78 and 80 for slope and landscape maintenance purposes within Tract Map No. 23125-3; and, B. The City of Temecula accepted the slope improvements as complete within Tract No. 23125-3 and authorized the quitclaim of said slope and landscape maintenance easements to the Temecula Community Services District; and, C. The Temecula Community Services District is the authorized legislative body to accept the offers of dedication for public slope and landscape maintenance easements within the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby accepts the quitclaim document of said easements and lots from the City of Temecula, as follows: A. That pursuant to Government Code Section 66477.2(a), the Board of Directors accepts the quitclaim of said easements from the City of Temecula over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. B. That these acceptances are not intended to create or vest any fee simple interest in favor of the Temecula Community Services District or the City of Temecula to the subject slope and landscape maintenance areas, but are solely for the express purpose of accepting a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" and "B" attached hereto. C. That if the Temecula Community Services District of its governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, then all or any of such easements may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to the interested parties, maintenance of the slope and landscape areas shall become the responsibility of the then current owners of the respective underlying properties. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by }~e -X.Bbard of Directors of the Temecula Community Services District at a regular meeting hel~ .f/t!~ 24th of June, 1997. '~._..Jeff~ey E. Sto..e, President [ ATTEST: Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 97-09 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 24th of June, 1997, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 BOARD OF DIRECTORS: BOARD OF DIRECTORS: BOARD OF DIRECTORS: Ford, Lindemans, Roberts, Stone, Birdsall None None ne S. Greek, CMC/AAE Secretary/City Clerk