Loading...
HomeMy WebLinkAbout18-05 TCSD ResolutionRESOLUTION NO. CSD 18-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A LANDSCAPE AND RETAINING WALL MAINTENANCE EASEMENT DEED TO THE UNDERLYING FEE OWNERS OF 31906 CALLE ELENITA AND FINDING THE ACTION EXEMPT FROM CEQA (SECTION 15061(B)(3) OF CEQA GUIDELINES) (APN 957-310-046) THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to that certain Landscape and Retaining Wall Maintenance Easement Deed recorded on October 2, 2008 as Document Number 2008-0534613 of Official Records of the County of Riverside ("Easement"), the GRANTOR C Street Holdings, LLC, California Limited Liability Company ("C Street Holdings"), granted to the Temecula Community Services District, a community services district ("TCSD") a perpetual easement and right of way for "maintaining, operating, altering, repairing, and replacing irrigation equipment; plant materials and retaining wall over and within the boundaries of that certain real property" located in the City of Temecula, County of Riverside, State of California described in Exhibit "A" to said Easement. A true and correct copy of said Easement is attached as Attachment "1" hereto and is incorporated herein by this reference. Section 2. The Easement encumbers the real property commonly known as 31906 Calle Elenita, Temecula, California, Riverside County Tax Assessor's Parcel Number 957-310-046 ("Subject Property"). Section 3. The Easement provides that if TCSD, as the "GRANTEE, or its successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after, notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR". Section 4. TCSD has determined that it is unable to continue to maintain the Easement because there are no funds allocated for said continued maintenance. Further, said Easement is not needed for a public use. Section 5. By letter dated October 11, 2018, TCSD has notified the record owners of the Subject Property, Lawrence L. Siler and Sandi L. Siler, regarding TCSD's intention to quitclaim its rights to the Easement. Said letter also explains that, pursuant to the terms of the Easement, maintenance responsibilities become the obligation of the owners of the Subject Property, as successors to the interests of the original GRANTOR C Street Holdings, LLC. CSD Resos 18-05 Section 6. CEQA Finding. The approval of the Quitclaim Deed is exempt from the requirements of the California Environmental Quality Act ("CEQA") and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed action to relinquish maintenance responsibilities for the subject easement, will have a significant effect on the environment. The proposed action does not change the landscaping or maintenance requirements. It merely substitutes one owner for another with no changes to the easement or its maintenance. Section 7. TCSD hereby authorizes the TCSD Board President to execute the attached Quitclaim Deed, which remises, releases and forever quitclaims to the record owners of the Subject Property, as successors to the interests of C Street Holdings all of TCSD's right, title, and interest in and to that certain Landscape and Retaining Wall Easement recorded on October 2, 2008 as Document Number 2008-0534613 of Official Records of the County of Riverside. TCSD authorizes the General Manager or his designee to take all actions necessary to effectuate the purpose of the Quitclaim Deed, including recording the Quitclaim Deed in the Official Records of the County of Riverside. Section 8. The TCSD Secretary shall certify to the passage and adoption of the Resolution PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of October, 2018. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Resos 18-05 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 18-05 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of October, 2018, by the following vote: AYES: 3 BOARD MEMBERS NOES: 0 BOARD MEMBERS ABSTAIN: 0 BOARD MEMBERS ABSENT: 2 BOARD MEMBERS CSD Resos 18-05 Edwards, Rahn, Comerchero None None Naggar, Stewart Randi Johl, Secretary RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Temecula c/o City Clerk's Office 41000 Main Street Temecula, California 92590 [SPACE ABOVE FOR RECORDER'S USE ONLY] [X] Portions of Assessor's Parcel Number 957-310-046 Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). QUITCLAIM DEED Pursuant to that certain Landscape and Retaining Wall Maintenance Easement Deed recorded on October 2, 2008 as Document Number 2008-0534613 of Official Records of the County of Riverside ("Landscape and Retaining Wall Maintenance Easement"), the GRANTOR C Street Holdings, LLC, California Limited Liability Company ("C Street Holdings), granted to the Temecula Community Services District, a community services district ("TCSD") a perpetual easement and right of way for `maintaining, operating, altering, repairing, and replacing irrigation equipment; plant materials and retaining wall over and within the boundaries of that certain real property" located in the City of Temecula, County of Riverside, State of California described in Exhibit "A" to said Landscape and Retaining Wall Maintenance Easement. Said Landscape and Retaining Wall Maintenance Easement provided that if TCSD, as the "GRANTEE, or its successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after, notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR". At the time of the grant of the Landscape and Retaining Wall Maintenance Easement, C Street Holdings was the GRANTOR of said easement. TCSD has determined that it is unable to continue to maintain the Retaining Wall Maintenance Easement because there are no funds allocated for said continued maintenance. Further, said Retaining Wall Maintenance Easement is not needed for a public use. NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TCSD hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to Lawrence L. Siler and Sandi L. Siler, as successors to the interests of C Street Holdings to the real property located at 31906 Calle Elenita, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 957-310-046, which is burdened by the Landscape and Retaining wall Easement, all of TCSD's right, title, and interest in and to that certain Landscape and Retaining Wall Easement recorded on October 2, 2008 as Document Number 2008-0534613 of Official Records of the County of Riverside. A true and correct copy of the Landscape and Retaining Wall Maintenance Easement Deed is attached as Attachment 1 hereto, and incorporated herein by this reference. Said Landscape and Retaining Wall Maintenance Easement Deed is approximately 17,294 square feet (0.397 acres) in size and is described more particularly in Exhibit "A" and depicted on Exhibit "B" to Attachment 1 hereto. IN WITNESS WHEREOF, TCSD has executed this Quitclaim Deed as of the date set forth below Grantor Temecula Community Services District, a community services district Dated Attest: Randi Johl, Secretary Approved as to form Richards, Watson & Gershon Peter M. Thorson, General Counsel -2- By Jeff Comerchero, President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, _ (insert name and title of the officer) personally appeared _ who proved to me on the basis of satisfactory evidence 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature _ (Seal) Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ATTACHMENT I DOC # 2008-0534613 10/02/2008 08:00A Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111 R U PAGE SIZE DA MISC LONG RFD COPY FuE ExSV A L 465 426 PCOR NCOR SMF NCHfi IT CTY UNI ,J 0 (Space above this line for Recorder's use) Exempt from Recording Fee DOCUMENTARY TRANSFER TAX IS NONE. per Public Agency exempt. Govt. Code Sec. 27383 Revenue and Taxation Code Section 11922 City of Temecula LANDSCAPE AND RETAINING WALL MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C Street Holdings, LLC, a California Limited Liability Company ("GRANTOR") hereby grants and conveys to the Temecula Community Services District (TCSD) ("GRANTEE") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment; plant material and retaining wall over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached ("Easement Area"). If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. IN WITNESS WHERE OF; this instrument has been executed this day of ti0 2008. Signature: C Street Holdings, -LLC A California Limited Liability Company By: Wm. Bruce Meyer: Member I hereby certify, under the penalty of perjury, that the above and forego ng is a true and correct copy of an ongmal on deposit thin the eC rd of the City Temec ,s1�day o1!9 1 r- ,20 RAND JO LOLSON, JD. MMC, CITY CLERK By: CADocuments and Settings\Compaq_Administrator\Local Settings\Temporary Internet Fi1es\Content.IE5\G5SIQZSD\TCSD Easement -C Street Holdings.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of�y'st- On .._:A ,�'6 before me, L( �.. NES (Fl N i't'rk_y Pu&t C— Date Here Insert N arul Title of the Officer -- personally appeared L,.-"`I,L U kM %6 - --Name(s) of signer(s) ---ww—rrfa�--rr+leersi OFFICtAI SEAL LISA A. NESSITT NCrARY PUBLIC-CAUFORNIA� COMM. NO. 1743631 RIVERSIOE COUNTY M, COMIM. EXP. MAY. 5, 2011 - or ,W< Place Wary Seat Above who proved to me on the basis of tisfactory evidence to be the personal whose nameLo 1 subscribed to the w thin instrument and acknowledged to me that h stte/Wey executed 5the s e inC shi /Weir authorized capacity4Werr and thahist lsheir signature,(ej' on the instrument the perso, or the entity upon behalf of which the personjo acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and ciia seal., ' Signature ° y f v 7 signature et Naary PtAAc OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 4-r}N�SC�rt�f2 ?r►� f {ctyt� l�+tt�, Yi�uGr.�i�N(� fr�`GiAti�� Document Date: t14ruGlI--Number of Pages: �— — - - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General s•- ❑ Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: RIGHTTHUN1BP PINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • ChaLnvorth. CA 91313.2402- www.NationaiNotaryorg Item 85907 Reorder: Call Toll -Free 1-800.676-6627 1 hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit Itnin the��eeco d of the_ City oto Temecula, this�day of CJC Y ,20 RAN01 JOH�Jp. MMC, CITY CLERK By' r EXHIBIT "A" LEGAL DESCRIPTION FOR TCSD LANDSCAPE EASEMENT BEING A PORTION OF PARCEL 8 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 1 PAGES 44 THROUGH 46, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER, OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, ALSO DESCRIBED IN DEED RECORDED DECEMBER 5, 2000 AS INSTRUMENT NUMBER 2000-482390 IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 79 OF TRACT NO. 22148, AS SHOWN BY MAP ON FILE IN BOOK 202, PAGES 92 THROUGH 104 INCLUSIVE OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN SAID DEED; THENCE, ALONG THE COMMON LINE BETWEEN SAID DEED PARCEL, LOT 79, AND LOT 78 AS SHOWN ON SAID TRACT NO. 22148, SOUTH 8929'56" EAST, 47.57 FEET; THENCE, LEAVING SAID LINE, NORTH 11 09'39" EAST, 6.09 FEET; THENCE, SOUTH 86056'48" EAST, 25.86 FEET; THENCE, NORTH 4557'38" EAST, 27.33 FEET; THENCE, NORTH 4228'11" EAST, 46.28 FEET; THENCE, NORTH 42030'39" EAST, 46.81 FEET; THENCE, NORTH 45°26'32" EAST, 48.97 FEET; THENCE, NORTH 5743'09" EAST, 8.38 FEET; THENCE, NORTH 27°57'25" EAST, 36.90 FEET; THENCE NORTH 42049'16" EAST, 10.41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3501'46", 18.34 FEET; THENCE, NORTH 7751'02" EAST, 20.78 FEET TO THE COMMON LINE BETWEEN SAID DEED PARCEL AND TRACT NO. 23209 RECORDED IN BOOK 320, PAGES 79 THROUGH 97, INCLUSIVE OF MAPS IN THE OFFICE OF SAID COUNTY RECORDER; Pages 1 of 2 T:\SURVEY\2138\PLATS\TCSD\2138WILDEY_DED-IL.doc I hereby certify, under the penalty of pegtjry, that the above and foregoing is a true and correct copy Of an original on depose dhin the rec d� of the City QQf Temecula, lhisday 0f �r� -IJ-20/O . RAND}.d6yL•OLSON, J0, MMC, CITY CLERK By: THENCE ALONG SAID COMMON LINE, NORTH 0022'36" EAST, 9.57 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED AS A LANDSCAPE EASEMENT TO THE TEMECULA COMMUNITY SERVICES DISTRICT RECORDED JUNE 7, 2002 AS INSTRUMENT NUMBER 2002-309584, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID CORNER ALONG THE SOUTHERLY LINE OF SAID LANDSCAPE EASEMENT, NORTH 64°24'29" WEST, 70.90 FEET TO A POINT ALONG A NON -TANGENT CURVE ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF LA SERENA WAY (88.00 FEET WIDE) AS SHOWN ON SAID TRACT MAP NO. 22148, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1,556.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 44014'0 1 " EAST; THENCE, ALONG SAID RIGHT OF WAY LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0756'53", 215.85 FEET; THENCE, SOUTH 3749'06" WEST, 18.17 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1,044.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0330'25", 63.90 FEET TO THE POINT OF BEGINNING. CONTAINING: 0.397 ACRES, OR 17,294 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY, EASEMENTS AND EASEMENTS OF RECORD - SEE EXHIBIT `B' HEREON ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. !� DATE: EX S. PLU IFR, L.S. 6641 EXP. 12/31/09 EXPI s 110.8841. 0,•, Pages 2 of 2 T:\SURVEY\2138\PLATS\TCSD\2138WILDEY_DED-IL.doc I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit llhin the rec rd of the City of,� Temecula, this��day of O r 2t)L RANDI J .0 SON. JD, MMC, CITY CLERK By: I hereby certify, under the penalty o1 perjury, that the above and foregoing is a true and correct copy o1 an original on depcsd thin the records of the City of Temecula, this .W day .20.!-- R!1lifil IAlIL.n, enm -in MMC_ CITY CLERK EXHIBIT "'B" °y. SHFF T 1 nF TO RII ERWE 70 CORaVA CI TY OF ASSESSOR'S PARCEL NUMBER: -7is �� MURRIETA 957-310-030 - rrylo / Ste, Road BASIS OF BEARINGS: 1 THE BASIS OF BEARINGS FOR THIS DRAWING _ IS THE WEST UNE OF TRACT NO. 23209 AS olifo; R y 9097 GES OF MAPS IN THE OFFICE OF THE n COUNTY RECORDER OF RIVERSIDE, CALIFORNIA CITY OF •, BEING N 0072'36' E. $ TEMECULA TO SAN DEGO U4.I RETAINING WALL AT THE TOP OF THE SLOPE IS NOT A PART' VICINITY MAP OF THE EASEMENT AREA. NO SCALE LEGEND O INDICATES TCSD LANDSCAPE EASEMENT GRANTED HEREON AREA: 0.397 AC. OR 17,294 S.F. ( ) INDICATES RECORD DATA PER 7R 22148, BK 202, PGS 92-104 REC. 6/22/1989 O.R. ( J INDICATES RECORD DATA PER OFFER OF DEDICA77ON FOR STREET PURPOSES REC. 08/19/2004 AS INSTRUMENT NO. 2004-0656475 POB POINT OF BEGINNING INDICATES OFFER OF DEDICA77ON FOR PUBLIC ROAD & ® UTILITY PURPOSES PER DEED REC. 12/05/1968 AS INSTRUMENT NO. 119016 O.R. INDICATES LANDSCAPE EASEMENT TO TEMECULA COMMUNITY ® SERVICES DISTRICT PER DEED REC. 06/07/02 AS DOC. NO. 2002-JO9584 D.R. © INDICATES OFFER OF DEDICA77ON FOR PUBLIC ROAD AND UTILITY PURPOSES TO THE CITY OF TEMECULA PER INSTRUMENT REC. 08/19/04 AS DOC. NO. 2004-0656475, O.R. �• PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 43460 Ridge Park Drive, Suite 170 Temecula, CA 92590 951.695.5596 Tel 951.695.5697 Fax LAND * N0. 6641 xp. date 12-31-0 s�gjF OF CA0F�\P REX S. PLUMMER, L.S. 6641 6ATE LICENSE EXPIRES 12/31/09 EXHIBIT "B" LEI SAN - E 87 86 ww Or 6� U V / X 85 L1 50:9 ' 4Z51 N CV SHEET 2 OF 2 LK BEARM Laim Ll _ Nl1'09'39't 6.09' L2 S865648T 2186' L3 M455IMT 27.33' L4 N57009'E 838' L5 N42'49'16't 10.41' L6 N7751'02'E 20.78' L7 S3749'06'W 1817' 0 M aRW DELTA RALW "M C1 351146' 30.00' I 134' C2 0330'25' 1101".00"16.390' %-. 29'47V %-- _ _ 59.07'] Q-) O Ln N N N-) �-- N N / J'g' o, b� �h 9 R � �W W o Fin 0-) rn NF-- L 8, P.M.B. 1/44-46 C) D REC. 12/05/2000 Z N NO. 2000-482390 — — — S8979'56 309.23' (N8931'25'W WALL 309.35') RFIAMW ,rte, POB\—"NOr A PART' ' 79 78 77 TRACT N0. / 22148 M.B. 202/92-104/ rPROJECT DESIGN CONSULTANTS / 76 r Planning I Landscape Architecture I Engineering I Survey 43460 Ridge Park Drive, Suite 170 Temecula, CA 92590 / / 1 hereby certify. under the P� nalty of perjury, that the 951.695.5596 Tel 951.60.5597 Fax above and foregoing is a tr6e and correct copy of an ,Al nnrn the records of the City of T:\SURVEY\2138\PLATS\TCSD\2138—TCSD—PCL-8—S2dwg Temecula,ths day oroc �—, inur _nr sntU in MMC. CITY CLERK Aug el, duub — 11.ilaM City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE This is to certify that the area conveyed by the Landscape and Retaining Wall Maintenance Easement Deed dated August 28, 2008 from C Street Holdings, LLC, a California Limited Liability Company ("GRANTOR") to the Temecula Community Service District, a Municipal Corporation (GRANTEE"), is hereby accepted by order of the Temecula Community Services District Board made on September 23, 2008 and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF 4-:J ATTEST: AECULA F Comerchero SD Board President Susap, W. Jones, City erk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 1 hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an on on de pgs within the reco os Ot the City �f Temecula, thrs day o1_ RANDI J�•OLSON, Jo. MMC, CITY CLERK By: