HomeMy WebLinkAbout2009-11-10 CC Item No. 4 CITY OF
LAKE 5 LSINORJ
DREAM EXTREME.
ler
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: NOVEMBER 10, 2009
SUBJECT: ROSETTA CANYON FIRE STATION AND PARK —
GRANT OF EASEMENTS TO EVMWD
Background
The Rosetta Canyon Park and Fire Station was approved for construction with the
approval of the 2009 -2010 Capital Improvement Program. As a part of the onsite
improvements, water and sewer facilities were installed. EVMWD has requested the
City process two easements as maintenance routes to access their utility lines within
the project.
Discussion
At the request of the City Council, Staff discussed with EVMWD the incorporation of
portions of their existing utility easement for use in a new dog park. Included in the
discussion was cost sharing for fencing. Although they are willing to share in the use of
the existing easement as a part of a proposed dog park, EVMWD is unwilling to
participate financially.
The proposed easements are shown in Exhibit — A and Exhibit — B. Easement "A" is
located in the southeasterly corner of the park approximately 200 -feet west of Rosetta
Canyon Drive. This easement is for sewer services for the future Community Center. It
extends northerly from the existing sewer easement along the westerly slope of the fire
station parking lot. Easement "B" is located adjacent to the southeasterly corner of
Rosetta Canyon Park. The driveway to EVMWD's existing easement is obstructed by a
storm drain inlet. This proposed easement will shift the driveway northerly
approximately 25 -feet. Staff has performed the technical review of the proposed
easement and staff approves the descriptions in their current form.
CC November 10, 2009 Item No. 4
Page 1 of 13
Grant of Easement - EVMWD
November 10, 2009
Page 2
The easements will be used by EVMWD staff to access and maintain their facilities
within the project site.
FISCAL IMPACT
None, all costs associated with processing the easement documents are accounted for
in the project budget.
RECOMMENDATION:
Authorize the Mayor to execute the easement agreement with EVMWD for Rosetta
Canyon Fire Station and park as to final form approved by the City Attorney.
Prepared by: David S. Solomon
Project Engineer
Ken A. Seumalo 0
Director of Public Wor
Approved by: Robert A. Brady
City Manager
Attachment: Vicinity Map
Easement
Exhibit — A
Exhibit — B
CC November 10, 2009 Item No. 4
Page 2 of 13
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CC November 10, 2009 Item No. 4
Page 3 of 13
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CC November 10, 2009 Item No. 4
Page 4 of 13
Recording requested by and
when recorded return to:
Engineering Dept.
Elsinore Valley Municipal Water District
PO Box 3000
Lake Elsinore, CA 92531 -3000
APN:
Exempt - Gov't Code 6103
CERTIFICATE OF ACCEPTANCE DOCUMENTARY TRANSFER TAX
This is to certify that the interest in real No Documentary Transfer Tax due -
property conveyed by this instrument is Grantee is a public agency
hereby accepted by the undersigned
Agency on behalf of the Board of Directors (Rev. & Tax. Code Section 11922)
of the Elsinore Valley Municipal Water
District pursuant to authority conferred by
Resolution No. 649 adopted by said Board
November 17, 1980 and the grantee
consents to recordation thereof by its
duly authorized officer.
Ronald E. Young, General Manager
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION,
City of Lake Elsinore , Grantor, hereby grants to the ELSINORE VALLEY
MUNICIPAL WATER DISTRICT, a public agency, Grantee, and assigns, the following described
easement and rights in and upon that certain real property located in the City of Lake
Elsinore , State of California, described on Exhibits "A ", Legal Description, and
"B ", Plat Map. attached hereto and by this reference made a part hereof.
An easement in, upon, over, under and across the property described on Exhibits "A" and
"B" attached hereto for the construction, reconstruction, replacement, repair, maintenance and
use of an access road and a pipeline for sewer and water purposes together with
all necessary fixtures and appurtenances at such locations and elevations, upon, along, over and
under said real property as Grantee may now or hereinafter deem convenient and necessary
from time to time, together with the right of ingress thereto and egress therefrom, to and along
said easement by a convenient route or routes in, upon, over and across the said described
property.
Grantee shall have the further right to use during the construction of said access road
and pipeline such areas adjacent to the easement herein granted as may be reasonably
necessary for the performance of the work and for access to the work during construction.
Grantor shall not erect any building, fence or other structure upon said easement which
will in any way interfere with Grantees rights and operations hereunder.
Grantor shall not increase or decrease or permit to be increased or decreased, the now
existing ground elevations of said easement without the prior written consent of Grantee.
F:EngIn1Va11Form\Grant of Eaaamant
CC November 10, 2009 Item No. 4
Page 5 of 13
Grantee shall make every effort to cooperate with other utilities in sharing the
use of the easement herein granted provided that such sharing will not adversely
effect Grantor's use of the easement as described herein.
This instrument shall be binding upon and encumber the benefit of the
successors and assigns of Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed
this day of , 2009
Elsinore Valley Municipal Water District City of Lake Elsinore
By: By:
Ronald E. Young, General Manager Mayor — Robert E. Magee
By: By:
Paul S. Carva, Director of Engineering City Clerk — Debora Thomsen
State of California )
County of Riverside) ss.
On before me,
Notary Public, 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 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 hand and official seal
Notary Public in and for said County and State
CC November 10, 2009 Item No. 4
Page 6 of 13
EXI -IBIT
LEGAL DESCRIPTION
20' WIDE SEWER EASEMENT, LOT 256, TRACT 25479, MB 367 / PAGES 93 -113, D.R.
BEING A P❑RTI ❑N OF LOT 256 OF TRACT NO. 25479, IN THE CITY OF LAKE ELSIN ❑RE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 367,
PAGES 93 THROUGH 113 INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS+
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 256,
SAID POINT ALSO BEING ON THE WESTERLY RIGHT - ❑F -WAY LINE OF ROSETTA
CANYON DRIVE,
THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT -OF -WAY LINE AN ARC LENGTH OF
32,28 FEET ALONG A CURVE CONCAVE TO THE EAST THROUGH A CENTRAL ANGLE OF
1 °37'00' AND HAVING A RADIUS OF 1144,00 FEET TO THE NORTH LINE OF AN
EXISTING 20' WIDE SEWER EASEMENT AND HAVING A RADIAL BEARING OF N 55 °50'20' E,
PER INSTR. N❑, 2004- 0925736, O.R. REC. 11- 19 -04,
THENCE ALONG SAID NORTH LINE S 75 °45'18' W 141,37 FEET,
THENCE ALONG SAID NORTH LINE S 12 W 78.25 FEET TO THE TRUE POINT
OF BEGINNING+
THENCE CONTINUING ALONG SAID NORTH LINE S 12 °50'18' W 20.00 FEET,
THENCE N 77 °09'42' W 125,52 FEET,
THENCE N 25'04'28' W 259.27 FEET,
THENCE N 64 °55'32' E 20.00 FEET,
THENCE S 25 °04'28' E 249,50 FEET,
THENCE S 77 °09'42' E 115.75' TO THE TRUE POINT OF BEGINNING..
CONTAINS 0,172 ACRE NET
Q_ AfES S /04.
< k. • 4. ,c e
44, 4 k, c
r ¢
s7 II le =
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CNN
9 4 ,71!4 • ' O(
1 A.J. FRICK, CIVIL ENGINEER
41581 JOHNSTON AVE.
HEMET, CALIF, 92544
(951) 925 -2504
DATES 4 -21 -08
CC November 10, 2009 Item No. 4
Page 7 of 13
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20 ' PROPOSED SEWER EASEMENT I 44'
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LOT 256 PROP, LINE i
TOTAL CURVE DATAI �.4
R =11144 00
L= 213,71' I
1
PARTIAL CURVE DATA: i w
J'> >. SCALE 1' =40' D= 1'37'00' 1 0
R= 1144,00' N
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09 4 � • � '- Q D'4� ^�2i �NSTip EX 20' woe SE _ � 14 1,37 _ \%'‘
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1 y �� - 0. , / y MOST EASTERLY CORNER ❑F LOT 256
, 'L ❑T 256 PR ❑P, LINE
c� 9128. ') a i .
A,J, FRICK, CIVIL ENGINEER
CIVt�. �
p/ 41581 JOHNSTON AVE,
sib: ;44: 0.---c 1 HEMET, CALIF. 92544
1 (951) 925 -2504
DATE1 4 -21 -08
CC November 10, 2009 Item No. 4
Page 8 of 13
EMIT "B'
LEGAL DESCRIPTION
WATER EASEMENTS, LOT 256, TRACT 25479, MB 367 / PAGES 93 -113, ❑.R.
IN THE CITY OF LAKE ELSIN❑RE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF LOT 256 OF TRACT NO 25479, IN THE CITY OF LAKE ELSIN ❑RE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 367,
PAGES 93 THROUGH 113 INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS
PARCLE 'A'
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 256,
SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY OF ARDENWOOD WAY,
THENCE S 64 °55'32 "W 33.60' ALONG SAID SOUTHERLY RIGHT - ❑F -WAY TO THE
TO POINT 'A', BEING THE TRUE POINT OF BEGINNING,
THENCE S 64 °55'32' W 25,00',
THENCE S 25 °04'28' E 15,00',
THENCE N 64 °55'32' E 25,00',
THENCE N 25 °04'28" W 15,00' TO THE TRUE POINT OF BEGINNING.
CONTAINS 375 SQ. FT., (0,009 ACRE)
PARCLE 'B'
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 256,
SAID PINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY OF ARDENW❑OD WAY,
THENCE S 64 °55'32'W 245,16' ALONG THE SOUTHERLY RIGHT -OF -WAY TO THE
TO POINT "B', BEING THE TRUE POINT OF BEGINNING,
THENCE S 64 °55'32' W 25.00',
THENCE S 25 °04'28' E 10,00',
THENCE N 64 °55'32' E 25,00',
THENCE N 25 °04'28" W 10.00' TO THE TRUE POINT OF BEGINNING,
CONTAINS 250 SQ, FT„ (0.006 ACRE) oQ_of ES 104,4
, 91 F
%,1* AAA
CIVi� 4t.
9 TF
v ow
� q ;6 - -o I
A.J. FRICK, CIVIL ENGINEER
41581 JOHNSTON AVE.
HEMET, CALIF. 92544
DATES 4 -21 -08
SI I OF 5
CC November 10, 2009 Item No. 4
Page 9 of 13
EXHIBIT 'B'
LEGAL DESCRIPTION
WATER EASEMENTS, LOT 256, TRACT 25479, MB 367 / PAGES 93 -113, ❑,R,
IN THE CITY OF LAKE ELSINORE, COUNTY DF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION DF LOT 256 OF TRACT NO, 25479, IN THE CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 367,
PAGES 93 THROUGH 113 INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS'
PARCEL 'C' ••
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 256,
SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -DF -WAY OF ARDENW ❑DD WAY,
THENCE S 74 °28'23' E 36,88',
THENCE S 25 °04'28' E 252,15' ALONG THE WESTERLY RIGHT - ❑F -WAY
OF R❑SETTA CANYON DRIVE TO POINT "C', BEING THE TRUE POINT OF BEGINNING,
THENCE S 64 °55'32' W 25,00',
THENCE S 25 °04'28' E 15,00',
THENCE N 64 °55'32' E 25.00',
THENCE N 25 °04'28' W 15,00' TO THE TRUE POINT OF BEGINNING.
CONTAINS 375 SQ, FT., (0,009 ACRE)
PARCEL 'D'
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 256,
SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -OF -WAY OF ARDENW❑ ❑D WAY,
THENCE S 74 °28'23' E 36.88',
THENCE S 25 °04'28' E 335.42' ALONG THE WESTERLY RIGHT -OF -WAY
OF R❑SETTA CANYON DRIVE TO THE BEGINNING ❑F A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 1144.00',
THENCE SOUTHERLY AND EASTERLY THROUGH A CENTRAL ANGLE OF 2 °09'57'
AN ARC LENGTH OF 43.24' TO POINT 'D', BEING THE TRUE OF BEGINNING,
THENCE CONTINUING SOUTHERLY AND EASTERLY THROUGH A CENTRAL ANGLE
OF 01 °00'06' AND HAVING A RADIUS OF 1144.00 FEET AN ARC LENGTH OF 20.00',
TO A POINT ❑F NON-TANGENCY AND HAVING A RADIAL BEARING OF Q0 t g N q ' E,
THENCE S 62 °00'31'W 10.00', O
THENCE N27 °44'27'W 20.00', //4 4k F P ro e
THENCE N62 °00'31'E 10.00' TO THE TRUE POINT OF BEGINNING, I W 1 e
CONTAINS 200 SQ, FT., (0,005 ACRE)
� : �� -AC1
PREPARED Ot ���� C),
A.J, FRICK, RCE, 19128, EXP; i' -30 -09
SHEET 2 OF 5
CC November 10, 2009 Item No. 4
Page 10 of 13
EXHIBIT ''B'
LEGAL DESCRIPTION
WATER EASEMENTS, LOT 256, TRACT 25479, MB 367 / PAGES 93 -113, ❑,R.
IN THE CITY OF LAKE ELSIN ❑RE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
BEING A PORTION OF LOT 256 OF TRACT NO. 25479, IN THE CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 367,
PAGES 93 THROUGH 113 INCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS!
PARCEL 'E'
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 256,
SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT -❑F -WAY OF ARDENWO ❑D WAY,
THENCE S 74 °28'23' E 36.88',
THENCE S 25 °04'28' E 335.42' ALONG THE WESTERLY RIGHT — ❑F —WAY
OF R❑SETTA CANYON DRIVE TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 1144.00',
THENCE SOUTHERLY AND EASTERLY THROUGH A CENTRAL ANGLE OF 7 °59'26'
AN ARC LENGTH OF 159.54' TO POINT 'E', HAVING A RADIAL BEARING OF
N 56 °56'06' E AND BEING THE TRUE OF BEGINNING,
THENCE CONTINUING SOUTHERLY AND EASTERLY THROUGH A CENTRAL ANGLE
OF 01 °05'46' AND HAVING A RADIUS OF 1144.00 FEET AN ARC LENGTH OF 21.89',
TO A POINT OF NON - TANGENCY AND HAVING A RADIAL BEARING OF N 55 °50'20' E,
THENCE S 75 °45'18' W 65.83',
THENCE N 56 °20'03' E 62,10' TO THE TRUE POINT OF BEGINNING,
CONTAINS 679 SQ. FT., (0.016 ACRE) Q
PREPARED B y ``'�
A.J. FRICK, Rer. 19128, EXP. 09 -30 -09
. 40ESS /p*,4
4 4" .4 \ O J As !
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SHEET 3 OF 5
CC November 10, 2009 Item No. 4
Page11 of13
_ . -- _ -- ESQ -1 T B' _ - i
\C,L ARDENYNOOD WAY N64'55 _ 2'E /
Zo LOT 256 PROP. LINE ih MOST N'LY CORNER LOT 2561
``' POINT OF COMMENCEMENT 1
2 ARCEL 'B' N64 °55'32'E 245,16' PARCEi .A. tij /
um .� r ______ ' A , /
-- -, "B" -- 211 56186,56' - - - -- 25.00' - - 3.6
- 1 ► 'A2 /
3 T,P,O,B, 3 ,, = T,P,O,B, N / 13
N Co N Co ` s /
N N (U c4 . ,/ Co N
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In o o n ° ° - In z '
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Z° zN Z° z .-, �I° z� I / 44 � x �
Z IN Z
/ i .r ZZ
NBEING A C.IT1' OF LAKE a. SNORE. COINTY OF RIVER.,D� STATE OF CALIFORNIA. / / I M U I
PORTION OF LOT 256 OF TRACT NO. 25479, N 11-E CITY OF LAKE ELSNORE, / WI
COLNTY OF RIVERSIDE STATE OF CALFORNA, AS SHOWN ON MAP RECORDED N BOOK 367. N 1
PAGES 93 TI- ROLKG -1 113 OF MAPS, RECORDS OF SAID M DESCRIBED CCIY. DESCR AS
FCU.OWS' , N
I I
/
LOT 256, TRACT 25479, MB 367 / 93 -113, O.R. //
/ I� Ce
In
I Z C3
/
LOT 256 PRO LINE
N64 °55'32'E / 25.00' P ONT 'C'
N25 °04'28' / 15 „00' ° = ,
tn PARCEL 'C'
SCALE I' -40' N64°5 5'32"E N
32 "E 25.00'
NI 1
Co / ■D
/ (R) N64 °55'32'E
/ BC
/ CURVE DATA!
D =02 °09'57'
Qs pFE3S /0N4! //g R = 44 R=1144.00' I i
45 J. F '`
'47% 9125 I `i /4 N62 ° 00'31'E 10,00' �(R) ; 62' 1
91 �
f/e- N27°44'27'W 20,00 = , - .O,B,
�i S62 00 31 W 10,00' PARCEL 'D'
CIV1 -
\ �� 1.�� // CURVE A (R) N61•4-5'29'E I
I — d / R= 1144,00' 44
/ L= 20.00' I 1
PREPARED BY1 ELSINORE VALLY MUNICIPAL WATER DISTRICT
A.J. FRICK, CIVIL ENGINEER
41581 JOHNSTON AVE, This Plat Is a graphic representation of the legal descriptions
HEMET, CALIF. 92544 written text and Is considered a part thereof.
D 4 - 21 -08
EASEMENT EXHIBIT "B"
0 / Q FOR WATER LINE PU?POSES
vim-- SCALE 1' =40'
A.J, FRICK, RCE, 19128, EXP, 09 -30 -09 SEC. SHEET 4 OF 5
CC November 10, 2009 Item No. 4
Page 12 of 13
- _____4_____ - - D4 -nBIT '8' _ _ - if
\--C.L. ARDENWOOD WAY N64 55 32 E /
LOT 256 PROP. LINE Co MOST N'LY CORNER LOT 256
``) POINT OF COMMENCEMENT 1
N64 °55'3 2 "11,56245,16' , /
186,56 ------- - - - - -- .7. 19.
,2,9 /
Op
/ W O
/ 44 ' g'v
IN .
ari
N TI-E CITY OF LAKE E.SNORE. COMITY CF RIVE?SIDE STATE OF CALFORNA. // , 1
BENG A PORTION OF LOT 256 OF TRACT NO. 25479,1411-E CITY OF LAKE ELSNORE, / 1
COUNTY OF RIVERSIDE. STATE OF CALFORNA, AS swowN ON MAP RECORDED N BOOK 367, I)
PAGES 93 TI- ROUG.1 113 NCLUSIVE, OF MAPS, RECORDS OF SAID COUNTY. DESCRIBED AS ,?,
FOLLOWS* / 14t1 I
/
LOT 256, TRACT 25479, MB 367 / 93 -113, O.R. // IZ (3
/
LOT 256 PROP. LINE
/� 1 44'
SCALE I " =40' i
, I
/
^/. CURVE DATA (R) N64 °55'32'E
D =07 °59'26' BC
/" R= 1144,00'
Q � 4FESSION4 ! f/f/ L= 159,54' - l
F !. �`' POINT E �--
<`` ta��' F " �C 'yam _ ,P, ❑,B, (R) N56'56'06'E�
itti Ch. Cl) 14:7 6 ° 2p'0 3'E 62,10'
a ' N CURVE DATAi
\ PARCEL 'E' D=01°05'46'
J> � R= 1144,00'
-l IF A C1VIt e S75 ° L= 21.89' 44 , s
s� • -OP( 8 W 65
R ) N 55 i '50'?0:E�
PREPARED BY! ELSINORE VALLY MUNICIPAL WATE DST!?
t ICT
A,J, FRICK, CIVIL ENGINEER
41581 JOHNSTON A V E, This plat Is a graphic representatlon of the l ego l d
H E M E T, CALIF, 92544
DATE! 4 -21 -08 written text and Is considered a part ther
0 7 - EASEMENT EXHIBIT "B"
/I f� _ FOR WATER LINE PURPOSES
/ " , SCALE 1' =40'
A.J. FRICK, RCE, 19128, EXP, 09 -30 -09 SEC. SHEET 5 OF 5
CC November 10, 2009 Item No. 4
Page 13 of 13