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Home My WebLink AboutCity Council Meeting of 2012-06-12 Agenda Item No.14REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: JUNE 12, 2012 SUBJECT: QUITCLAIM DEED FOR TO EVMWD WELL SITE ON CEREAL ROAD Recommendation That the City Council authorize the Mayor to sign the attached Quitclaim Deed and direct City staff to deliver the executed deed to EVMWD for recordation. Discussion In 2006, the former developer of the Summerly Project granted EVMWD a temporary easement for a water well over a unimproved site comprising 7,874 square feet located next to Cereal Road. A map depicting the site is attached. The original Grant of Easement is also attached. The Grant of Easement contemplated a temporary easement that would expire upon the construction of the 404th residential unit in the Summerly Project. However, EVMWD has informed the developer that they require the well site permanently as part of the infrastructure serving the Summerly Project. This well site is part of a 17 acre unimproved legal parcel (APN 271 - 040 -022). Following the grant of the temporary easement, the developer dedicated the entire 17 acre parcel to the City (which remained subject to the easement). Accordingly, in order for the developer to meet its development conditions with EVMWD, McMillin has requested that the original Grant of Easement be made permanent by conveying the well site directly to EVMWD. City staff has worked with the developer's consultant to confirm that the conveyance will not negatively impact the existing requirements regarding habitat mitigation within the Eastlake Specific Plan. Moreover, the well site has no development value and is being conveyed to another public entity for a public purpose. AGENDA ITEM NO. 14 Page 1 of 14 QUITCLAIM DEED June 12, 2012 Page 2 The conveyance of the 7,874 square feet well site is made by way of a Quitclaim Deed which is attached. The City will retain ownership of the remainder of the 17 acre parcel. Fiscal Impact There is no fiscal impact to the City. Prepared and submitted by: Barbara Leibold City Attorney Approved by: Tom Evans Interim City Manager Attachments: 1. Map 2. Original Grant of Easement 3. Proposed Quitclaim Deed Page 2 of 14 Page 3 of 14 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 - Govt Code 6103 CERTIFICATE OF ACCEPTANCE DOG # 2006 - 0446169 06/21/2006 W: 00A Fee: NC Page 1 of 5 Recorded in Official Reoorda County of Rlverslds Larry W. {lard Assessor, County Clark i Recorder 1 11111111111 This is to certify that the interest in real property conveyed by this instrument is hereby accepted by the undersigned Agency on behalf of the Board of Directors 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. A E. DISTRICT DOCUMENTARY TRANSFER TAX No Documentary Transfer Tax due - Grantee is a public agency (Rev. & Tax. Code Section 11922) GRANT OF EASEMENT ( WAT64) FOR VALUABLE CONSIDERATION, LAING -CP LAKE ELSINORE, a California Limited Liability Company, 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 County of Riverside, 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 the property for a water well 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 water well 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. 9:10001.12 \doc�Grsnt nE Es Attachment No. 2 Page 4 of 14 ce Grantor shall not erect any building, fence or other structure upon said easement which will in any way interfere with Grantee's rights and operations hereunder. Said easement shall remain in place until the dedication of a replacement easement or connection of the 404th unit of Tract 31920 into the Elsinore Valley Municipal Water District system. 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 ' s o e this _ _ day of bd , 20,Q(p GRANTOR: Signature Michael A. Fillcr, Vice President --( 31881 Corydon, Suite 130 TEAE5A QRILLO i *' COMM. # Tnow Lake Elsinore, CA 92530 U VOTARY Pp1luCvCUW0ARIA �O RIVERSIDE COUNTY MY COMMISSION EXPIRE& JUNIB29,2009�/>l�C�-Ci'� LAKE- �LS1�oQF" Gam, a CALrFojeA1iA ��MrrEO L�Adi� -iTy State of California ) C° vfV)P t A%y County of Riverside) as. 6 y . k/ C HoMEs LL-c-j A 06�LA wAiE'r 4 I jq tTED 1-1,49w7'74 eb.*1,fAA1y On � eZ t f re me, f�� I � h-5 MA•NA41,Jb, !°�Ei` 6ee. �, r tv ' P personally appeared personally known to me (or proved to me on the basis of satisf ctory evidence) to be the persons) whose namc(s) A 'subscribed to the within instrument, a an c owledged that _hj— executed the same, in is her /their authorized capacity. WITNESS my han ci seal O Notary Public in and for said County and State 8:1000I.I2\doe \0rsnt of EASemcnt (Crsarlord) ! (1��fl1 �III■�� III� 1I I' ��I �� III�.R! I� I�11� 1111 IN 06/21 ,ease 869 -eon 2 of Page 5 of 14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Rt,yfE25 t D 6 ss. _ On . -r 1. D Z� D 0 (e , before me, personally appeared A r ar ens) a stynays) ' • WITNESS my hand and official seas_ Placo 1,Mmy 5111 Above .". of Punic OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer Signer's Name: ; Individual here Corporate Officer — Title(s): 7m7 Partner — -� Limited F- General F-) Attorney in Fact - Trustee Ll Guardlan or Conservator L : Other: Signer is Representing: O IM NMbrd NW iV Auei9~. 2050W 801eAw.. po. Bev 2402. Ch.W"rj t CA01112d4012. www.nbroYaarT.gp PM& No. up 0"4w,. CM TOi- fI111�008769127 1111 11VV� 68/21/21698 WOOF! Page 6 of 14 11 known to me D proved to me on the basis of satisfactory evidence QUDMES to be the person(s) whose name(efi is /ar$ cormmulonalsi►D6t0 Notary W+bl►c subscribed to the within instrument and - GNibrnte acknowledged to me that he /slaeJtl"executed _f L%-Wr� �' the same in hiskerltbeir authorized ��i7 capacity(isst and that by his /hedth it slgnature(s}on the Instrument the person(a}; or the entity upon behalf of which the person(e)-- acted, executed the instrument. WITNESS my hand and official seas_ Placo 1,Mmy 5111 Above .". of Punic OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer Signer's Name: ; Individual here Corporate Officer — Title(s): 7m7 Partner — -� Limited F- General F-) Attorney in Fact - Trustee Ll Guardlan or Conservator L : Other: Signer is Representing: O IM NMbrd NW iV Auei9~. 2050W 801eAw.. po. Bev 2402. Ch.W"rj t CA01112d4012. www.nbroYaarT.gp PM& No. up 0"4w,. CM TOi- fI111�008769127 1111 11VV� 68/21/21698 WOOF! Page 6 of 14 t° EXHIBIT W LEGAL DESCRIPTION SITUATED IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING OVER AND ACROSS, THAT PORTION OF LOT 37 OF TRACT NO. 31920 -1, AS PER MAP FILED IN BOOK 394 AT PAGES 41 THROUGH 51, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF CEREAL STREET (30' HALF WIDTH), AS SHOWN ON SAID TRACT MAP; THENCE, NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE OF CEREAL STREET, SHOWN AS BEING (NORTH 52 052'33 WEST), ON SAID TRACT MAP, NORTH 52 052133" WEST 40.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE, NORTH 52 °52'33" WEST 100.28 FEET; THENCE, LEAVING SAID NORTHEASTERLY RIGHT -OF -WAY LINE, NORTH 41 023'51" EAST 82.47; THENCE, SOUTH 48 936'09" EAST 100.00 FEET; THENCE, SOUTH 41 °23151" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 7874 SQUARE FEET, MORE OR LESS ALSO AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. SA10001.12\doc\T01920 -1 TAE37 Exh -A.doc PREPARED BY OR UNDER THE DIRECTION OF: SAT . WILSON, P.L.S. 7434 MY LICENSE EXPIRES 12/31/2007 May 16, 2006 JN: 10001.12 Page IofI Page 7 of 14 EXHIBIT 'B' SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION TEMPORARY ACCESS EASEMENT ( ) - RECORD DATA PER TRACT NO. 31920 -1 PER M.B. 394/41 -51 LINE TABLE LINE BEARING DISTANCE Ll 52'33 40,11 ' L2 N5 V!52 330w 100,28' L3 N41"23'51 "E 82,47' L4 Sff 00.00# L5 S41'23'51 ' TRACT No, 31920-1 M.M. 394/41-61 LOT 37 AREA - ±7.874 SQ. FT. 1 1 f f f l 1 f LOT 36 1 f __ P.O. B. LOT FFF w f _ T.P.0.6. CEREAL STREET �jp N THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: ��✓ -ter dd..rcF -°--�� I I' SCOTT M. WILSON PLS 7434 MY LICENSE EXPIRES 12/31/07 5.\10001.12 \dwg \Syme0002.dwg 511712006 11:20:50 AAt PDT SCALE: t" = 100' WILSON MIKAMI CORPORATION 3 PETEfi113ANVoN. SPIT[ 1 70 INVINL, CA 926136 FAT(: 949.699.0139 1 MAIN LILAC: 949.679.0090 J.N. 1000112 I DMG 02/22/OG Page 8 of 14 LARRY W. WARD Recorder P.O. Box 751 COUNTY-OF RIVERSIDE Riverside, CA 92502.0751 ASSESSOR COUNTY CLERK- RECORDER (951) 486 -7000 hitp Wriverside.umikreo.eom CERTIFICATION Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: (Print or type the page numberfs) and wording_ below): qas Date: �- D Signature: Print Name: (I��i? , 4 96/21 /2066 Be, Gen HIM 111111111111 IN 1111111111111111111111111111111 G or a Page 9 of 14 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92530 Attention: Cher Quinones Space Above This Line For Recorder's Use Only QUITCLAIM DEED (Well Site - Alluvial 2) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF LAKE ELSINORE, a California municipal corporation, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency organized and existing under the provisions of Sections 71000 et. seq. of the Water Code of the State of California, that certain real property described in Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein by this reference, located in the City of Lake Elsinore, County of Riverside, State of California. Dated: CITY OF LAKE ELSINORE, a California municipal corporation By: Name: Brian Tisdale, Mayor Attachment No. 3 11 {3110 9009.32 #90879 vl Page 10 of 14 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated from the City of Lake Elsinore to Elsinore Valley Municipal Water District, pursuant to authority conferred by Resolution No. 649 of the Board of Directors of the Elsinore Valley Municipal Water District, adopted November 17, 1970, and grantee consents to recordation thereof its duly authorized officer. Dated: Un Ronald E. Young, General Manager Elsinore Valley Municipal Water District 11/3/10 9009.32 490879 vl 2 Page 11 of 14 STATE OF CALIFORNIA COUNTY OF } ss On , before me, , a 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 1113110 9009.32 #90879 vi 3 Page 12 of 14 EXHIBIT "A" LEGAL DESCRIPTION SITUATED IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING OVER AND ACROSS, THAT PORTION OF LOT 37 OF TRACT NO. 31920 -1, AS PER MAP FILED IN BOOK 394 AT PAGES 41 THROUGH 51, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF CEREAL STREET (30' HALF WIDTH), AS SHOWN ON SAID TRACT MAP; THENCE, NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE OF CEREAL STREET, SHOWN AS BEING (NORTH 52 652133" WEST), ON SAID TRACT MAP, NORTH 52 052133" WEST 40.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT -OF -WAY LINE, NORTH 52 052133" WEST 100.28 FEET; THENCE, LEAVING SAID NORTHEASTERLY RIGHT -OF -WAY LINE, NORTH 41 023151" EAST 82.47; THENCE, SOUTH 48 °36'09" EAST 100.00 FEET; THENCE, SOUTH 41 °23'51" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 7874 SQUARE FEET, MORE OR LESS ALSO AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. S:\10001.12\doc \Tr3 1920 -1 TAE37 Exh -A.doc 11/3/10 9009.32 ##90879 vi PREPARED BY OR UNDER THE DIRECTION OF: SC T M. WILSON, P.L.S. 7434 MY LICENSE EXPIRES 12/31/2007 May 16, 2006 JN: 10001.12 ?see go I NINE lill 11 IN w/[!j" 4 of 6 'GeR Page ! of 1 A -1 Page 13 of 14 EXHIBIT 'B' SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION TEMPORARY ACCESS EASEMENT (� RECORD DATA PER TRACT NO. 31920 -1 PER M.B. 394/41 -51 LINE TABLE LINE BEARING DISTANCE L1 N5r5X33W, 40.11 ' L3 L4 ' ' LS ' i TRACT NO, 31820 -1 M.M. 894/41-61 ! LOT 37 AREA-17,874 SQ. FT. LOT 36 �— — X — — — u LOT FFF !— T.P�0.8. CBRM STREET I 9 r� THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECTION: SCOT( M. WILSON PLS 7434 i MY LICENSE EXPIRES 12/31/07 11.20,40 III PIfT SCALE: 1" - 100' WILSON MIKANI CORPORATION a Pcnw. c ^—, 9ul►c I I0 IXYINX, 0A 94606 FAX; 949.679.0091 NAM YNi; 949.679 =090 1N. iOCOL1Z I DA1G 02/91/M 11/3110 9009.32 #90879 v1 B -1 Page 14 of 14