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13_0412113SUBMITTAL TO THE BOARD OF SUPERVISORS /-S + COUNTY OF RIVERSIDE, STATE OF CALIFORNIA * x - W U LL 0 0 r= U cu L m LU a U 1f1 FROM: TLMA -Transportation Department SUBMITTAL DATE: August 8, 2013 SUBJECT: Resolution No. 2013 -105, summarily vacating a portion of a slope easement and a portion of a riparian easement, in the Murrieta Hot Springs area, Third Supervisorial District/ Third Supervisorial District. RECOMMENDED MOTION: That the Board of Supervisors adopt Resolution No. 2013 -105, summarily vacating a portion of a slope easement and a portion of a riparian easement. C T- i WJH r� i Attachments: Resolution No. 2013 -105 m ; Exhibits "A" and "B" Juan C. Perez Director of Transportation and Land Management 'o 0 a a 0 El I MINUTES OF THE BOARD OF SUPERVISORS BACKGROUND: The applicant, K. Hovnanian Homes of the Four Seasons Development, is requesting the vacation of a portion of a slope easement and a portion of a riparian easement in order to satisfy the requirements of the Army Corps of Engineers' 404 permit, which they are seeking. Said 404 permit requires the area subject to said Deed of Restricted Covenants, currently encumbered by said slope easement and said riparian easement, to be free and clear of any existing encumbrances. These existing encumbrances prevent the Army Corp of Engineers from being able to accept the required Deed of Restrictive Covenants. The Transportation Department finds that the use of these easements for their stated purposes is no longer needed and is excess right of way. The Riverside County Flood Control Department has reviewed this project and has no objections. On motion of Supervisor Stone, seconded by Supervisor Benoit and duly carried by 8 unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Jeffries, Tavaglione, Stone, Benoit and Ashley Nays: None Keci Harper -Them E Absent: None Cie f and Date: August 20, 2013 ;, B ' a W xc: Tr sp., Recorder Deputy o a Prev. Agn. Ref. District: 3/3 Agenda Number: red 21 BACKGROUND: The applicant, K. Hovnanian Homes of the Four Seasons Development, is requesting the vacation of a portion of a slope easement and a portion of a riparian easement in order to satisfy the requirements of the Army Corps of Engineers' 404 permit, which they are seeking. Said 404 permit requires the area subject to said Deed of Restricted Covenants, currently encumbered by said slope easement and said riparian easement, to be free and clear of any existing encumbrances. These existing encumbrances prevent the Army Corp of Engineers from being able to accept the required Deed of Restrictive Covenants. The Transportation Department finds that the use of these easements for their stated purposes is no longer needed and is excess right of way. The Riverside County Flood Control Department has reviewed this project and has no objections. PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: KECIA HARPER -THEM, CLERK OF THE BOARD RIVERSIDE CO. CLERK OF THE BOARD 4080 LEMON STREET, 1 FLOOR CAC P O BOX 1147 — RIVERSIDE, CA 92502 MAIL STOP # 1010 AND WHEN RECORDED MAIL TO: RETURN TO: STOP #1010 RIVERSIDE COUNTY CLERK OF THE BOARD P O BOX 1147 — RIVERSIDE CA 92502 DOC N 2010 -042M 33 2 &/22/2813 Customer CoU Label The aff ixed hich with the filed /recorded document Larry W Ward County Assessor, County Clerk & Recorder THIS SPACE FOR RECORDERS USE ONLY RESOLUTION NO. 2013 -105 Title of Document SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT AND A PORTION OF A RIPARIAN EASEMENT IN THE MURRIETA HOT SPRINGS AREA (AB 12014) (THIRD SUPERVISORIAL DISTRICT) (Transportation Department — Item 2 -21 of 08120/13) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE wa r '',1� FOR RECORDING INFORMATIONh�. 1 2 3 4 5 6 7 8 9 to 11 12 13 Z 14 15 l6 17 Board of Supervisors County of Riverside RESOLUTION NO. 2013 -105 SUMMARILY VACATING A PORTION OF A SLOPE EASEMENT AND A PORTION OF A RIPARIAN EASEMENT IN THE MURRIETA HOT SPRINGS AREA (AB 12014) (Third Supervisorial District) WHEREAS, the hereinafter - described portion of a slope easement and portion of a riparian easement, were acquired in Final Order of Condemnation, recorded June 23, 1995 as instrument No. 202954, Official Records of the Recorder, Riverside County, California, and said portions lying within Lots 3 and 4 as shown on the Hot Springs Addition map filed in San Diego County Map Book 12, Page 563, on file in the office of said County Recorder, Riverside County, California; WHEREAS, the hereinafter described easements, are not necessary and not Z2 23 24 M , required for public purposes, now, therefore; WHEREAS, applicable procedures pertaining to summary vacations were followed pursuant to the County's adopted Resolutions for fixing procedures to vacate and accept county highways and property offered for dedication, now therefore; Page 1 of 2 I RESOLUTION NO. 2013 -105 2 3 BE IT RESOLVED, DETERMINED AND ORDERED by the Board of 4 Supervisors of the County of Riverside, State of California, in regular session 5 assembled on August 20 2013, as follows; 6 7 1. Pursuant to Section 8334(a) of the Streets and Highways Code, that the 8 hereinafter described easements are excess, and are no longer required for public 9 purposes and are hereby summarily vacated. 10 11 SEE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO 12 AS EXHIBITS "A" and "B" AND MADE A PART HEREOF. 13 14 BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk 15 of the Board is directed to cause a certified copy of this resolution to be recorded in 16 the office of the Recorder of the County of Riverside, California. 17 ROLL CALL: 18 Ayes: Jeffries, Tavaglione, Stone, Benoit and Ashley Nays: None 19 Absent: None 20 The foregoing is certified to be a true copy of a resolution duly 21 adopted by said Board of Supervisors on the date therein set forth. 22 KECIq HARPER -IHEM, ClerV of said Bc By PAU � , 23 Depdty 24 25 WJH W.O. # AB 12014 Page 2 of 2 08.20.13 2 -21 EXHIBIT "A" VACATION OF RIPARIAN AND SLOPE EASMENTS LEGAL DESCRIPTION PARCEL 1 ALL THAT PORTION OF THE RIPARIAN EASEMENT AS DESCRIBED BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 23, 1995 AS INSTRUMENT NUMBER 202954, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN LOTS 3 AND 4 OF THE HOT SPRINGS ADDITION AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 563 OF MAPS RECORDED IN TIE; OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND LYING WITHIN PROJECTED SECTION 24, TOWNSHIP 7 SOUTH, RANGE 3 WEST IN THE TEMECULA RANCHO. CONTAINS 37,969 SQUARE FEET OR 0.87 ACRES MORE OR LESS PARCEL2 ALL THAT PORTION OF THE SLOPE EASEMENT AS DESCRIBED BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 23, 1995 AS INSTRUMENT NUMBER 202954, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITI4IN LOT 4 OF THE HOT SPRINGS ADDITION AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 563 OF MAPS RECORDED IN TIM OFFICE OF TTIE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND LYING WITHIN PROJECTED SECTION 24, TOWNSHIP 7 SOUTH, RANGE 3 WEST IN THE TEMECULA RANCHO. CONTAINS 3,717 SQUARE FEET OR 0.09 ACRES MORE OR LESS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH 41 38' 10" WEST FOR THE SOUTHWESTERLY LINE OF LOT 4 AS SHOWN BY TRACT MAP NUMBER 24778 -2 FILED IN BOOK 299, PAGES 49 THROUGH 57, INCLUSIVE, RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SEE PLAT ATTACHED HERETO AND BY THIS REFERENCE MADE PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE OF THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE _ r- - - - - -- p1 LAND DATE - -Ip � �j?�.-- -- 0� S(SYG EL A. °' p,L,B•i THIS DOCUMENT REVIEWED BY N� Em g RIVERSIDE COUNTY SURVEYOR. ��QF CA� BY: --<-, D ATE:-- ! f- 16 -/- Page I of 1 R/W PER INST. N0. 202954 /( REC 0 06/23/95 AREA NOTES PARCEL 1 CONTAINS 3Z969 SQ. FT OR 0.87 ACRES MORE OR LESS —/ /'\ / PARCEL 2 CONTAINS 3,717 SO. FT OR l (V 0.09 ACRES YORE OR LESS � . x� HOT SPRINGS ADD177ON,''�1v'i C, ;P M.B. 121563, S.D. CO. �' /Q / k� LOT 2� / / 'PG SHEET �/ P/ \ /✓ / R/W PER ` P.M.187 /21 -26 / / � A /,' CQ , PORTION PARCEL I / �� / /�'/ /PARCEL MAP N0. 26913 1 $ P.M. 187121 -26 / / N497502 "W Z, oo T FT 2 ` . PARCEL 2 LOT J 8 R\ C Q, LOT 4 i i i —� N 4138'10" MOST SLY CO LOT 4, M.B. I PORTION PARCEL 1 PARCEL MAP N0. 26913 P.M. 187121 -26. \ R /W PER P.M.187/21 -26 \��� 9 SURVEYO .- Q INDICATES AN EASEMENT FOR RIPARIAN PURPOSES FAVOR OF COUNTY OF RIVERSIDE RECD 06123195 \ IK l�IVU. \\ M.8 239/49- 57 - / ,p e W \\ ss \\ B J S.O. CO. GRAPHIC SCALE \ / V / 0 100 2w T inch = 200 ft. AND PUBLIC UTILITY, IN AS INST. NO. 202954. A INDICATES AN EASEMENT FOR SLOPE PURPOSES, IN FAVOR OF COUNTY OF RIVERSIDE RECD 06123195 AS INST. N0. 202954. CY�i<.YFLx *�iriP,iL7V fGL•1� VILLASE I p P.r48.%00 Wom civil engineering, land PROJ. SEC. 24, T.7S., R.319. v planning & surveying VATHIN THE TEMECULA RANCHO. THIS PLAT IS SOLELY AN ND IN LOCATING THE PARCEL(S) DESCRIBED IN THE SHEE 1 O 3 W.O. ATTACHED DOCUMENT. (, CALE: 1 " 200' 'DRAWN BY MAV DATE 10/31/1 1 SUBJECT. ' EXHIBIT "B" AREA NOlI"S PARCEL I CONTAINS 37,969 SQ. FT. OR 0.87 ACRES MORE OR LESS PARCEL 2 CONTAINS 3,717 SQ. FT OR/ 0.09 ACRES MORE OR LESS ,o GRAPHIC SCALE 40 P�����9h G� 0 61' I inch = �10 If k � �y� QP � 3� 0 N� zl \ �4 1$ J i LOT 4 NOT SPRINGS ADDITION M.B. 121563 S. D. CO. jo� s SURMM S N07ES w- \� Qj INDICATES AN EASEMENT FOR RIPARIAN PURPOSES AND PUBLIC U71 IN FAVOR OF COUNTY OF RIVERSIDE RECD 06123195 AS INST. NO. 202954. Q INDICATES AN EASO4ENT FOR SLOPE PURPOSES IN FAVOR OF COUNTY OF RIVERSIDE RECD 06 123195 AS INST. NO. 202954. SEE SHEET 3 FOR DATA TABLE. civil engineering, land PROJ. SEC. 24, 17S., R.3% D lannme & SIIrvevinE VATHIN THE TEME RAND THIS PUT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE SHEE 2 O 3 W0• ATTACHED DOCUMENT. 1` 40' IDRAYN SUBJECT: EXHIBIT "B" PARCEL I CONTAINS 37.969 SQ, FT. OR a87 ACRES MORE OR LESS PARCEL 2 CONTAINS 3,717 SQ. FT ORi 0.09 ACRES MORE OR LESS 5o GRAPHIC SC so G � P ���cry '9 y f inch = 5Q ft. G � ' 0 �1G� pqP o tio�9 �a G� �Q� 56610 .yR PARCEL. 1 a87 ACRES +/- I LOT 4 \\ \ M. B. 121563 \ \ J S.D. CO. \ DATA TABLE NO. BEARING /DELTA RADIUS I LENGTH 1 N4138'10 "W - 294.58 2 N4138'10 "W 18.63 3 N4138'10" 25.75 4 N38 "36'29" 35.59 5 N5628'31 "E 1 56.57 6 N13'27'S9" 8.26 7 NIX27'S9" 10.83 SURVEYOR'S N07E S Q INDICATES AN EASEMENT FOR RIPARIAN PURPOSES AND PUBLIC U71LITY, IN FAVOR OF COUNTY OF RIVERSIDE REC'O 06123195 AS INST. NO. 202954. Q INDICATES AN EASEMENT FOR SLOPE PURPOSES, IN FAVOR OF _ COUNTY OF RIVERSIDE RECD 061231,95 AS INST. NO. 202954. y civil. engineering, land PROJ. SEC. 24 T. 8 olmnlnp & 311rvep1IIE I WITHIN THE 7EMEC THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESK IN THE ATTACHED DOCLI %ENT. LOT 3 HOT SPRINGS ADDITION M.B. 121563 S.D. CO. THIS DOCUMENT REVIEWEp gY RIVERSIDE COUNTY SURVEYOR. BY: DATE: SHEET 3 OF 3 r W.O. I SCAEE T " 50' I DRAWN 8Y MAV DATE 11/26/ 1 SUBJECT: LARRY Mzr WARD PD. Bat P.O.Ba 75L COUNTY OF RIVERSIDE Rmni&,CAmsmmsi ASSESSOR - COUNTY CLERK RECORDER (951) 43r,700o �]it5ef15il�Cd:'(C a'tL!'201U CERTIFICATION Pursuant to the provisions of Government Code 273 61.7, 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 number(s) and wording below CLARIFICATION OF THE SEAL for the Riverside County Board of Supervisors (embossed on document) A Fm+.Fa...., County, �� Date: Signature: Print Name: K aren Barton, Board Assistant, Riverside C ounty - 'Clerk of the Board AC& 66 P _AS4RO (Xc - 0 VrW-;