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12_0131438SUPE CO SUBMITTAL TO THE BOAD UNTY OF RIVERSIDE, STA E F OF CAL F w U w U 0 > d NL U U g m > P m w .A I FROM: TLMA -Transportation Department SUBMITTAL DATE: March 15, 2012 SUBJECT: Resolution No. 2012 -017, Rescinding the Adoption of Resolution No. 2009 -039 Concerning Road Dedications in the Cherry Valley area, Excepting therefrom a portion of Lofty Lane. Fifth District/Fifth District RECOMMENDED MOTION: That the Board of Supervisors adopt Resolution No. 2012 -017, Rescinding the Adoption of Resolution No. 2009 -039 Concerning Road Dedications in the Cherry Valley area, Excepting therefrom a portion of Lofty Lane. BACKGROUND: On April 3, 2011, the Transportation Department received a request from the Cherry Valley Water Company to reinstitute the property lines for all properties within the areas affected by Resolution No. 2009 -039. In 2009, the former President of the Board of Directors of the Cherry Valley Water Company improperly requested that the County accept various street ded(cations in the Cherry Valley area for public use, which was done through Resolution No. 2009-039. The request for the acceptance was done without an authorized vote of approval from the shareholders /property owners nor without approval by the Board of the Cherry Valley Water Company. The Transportation Department is recommending that Resolution No. 2009- 039, be rescinded through adoption of Resolution No. 2012 -017 (except that portion of Lofty Lane described in the resolution) and the dedication remains as it was prior to the 2009 resolution and that the Assessor adjust the acreages accordingly. WJH Attachments:F -11, Resolution No. 2009-039, T a U U a° MINUTES OF THE BOARD OF SUPERVISORS ❑ ❑ On motion of Supervisor Stone, seconded by Supervisor Ashley and duly carried, IT WAS ORDERED that the above matter is approved as recommended. N N C C O O U U ® Ayes: Buster, Stone, Benoit and Ashley Nays: None Kecia Harper -Them Absent: Tavaglione CleM the Board Date: March 20, 2012 B . x xc: Trap., Recorder Deputy a W o a Prev. Agn. Ref. Item 2.13, 5/12!09 District: 5/5 Agenda Number: 2 Director of Transportation PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: KECIA HARPER -IHEM, CLERK OF THE BOARD RIVERSIDE CO. CLERK OF THE BOARD 4080 LEMON STREET, 1sT 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 = 2012- 0131438 03/21/2012 Customer Cop Label The �,�P, lisad haswnothbeenscompareds with the recorded document Larry W Ward Rssessor, CeuntY Clark Recorder THIS SPACE FOR RECORDERS USE ONLY RESOLUTION NO. 2012-017 Title of Document RECINDING THE ADOPTION OF RESOLUTION NO. 2009 -039 (FIFTH SUPERVISORIAL DISTRICT) (Transportation Department -- Item 2.8 of 03/20/12) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE c opy FOR RECORDING INFORMATION 1 2 3 4 5 6 7 8 9 10 I1 12 13 IA4 BOARD OF SUPERVISORS COUNTY OF RIVERSIDE RESOLUTION NO 2012 -017 RESCINDING THE ADOPTION OF RESOLUTION NO. 2009 -039 (Fifth Supervisorial District) WHEREAS, in 2009 the former President of the Board of Directors of the Cherry Valley Water Company improperly requested that the County accept various street dedications in the Cherry Valley area for public use; and, WHEREAS, Resolution no. 2009 -039, Recorded May 13, 2009 concerning the hereinafter described roads was erroneously put forth and adopted by the Board; and, WHEREAS, This 2009 Resolution mistakenly included the acceptance of a portion of Lofty Lane that had already been accepted on Parcel Map 22368; and, WHEREAS, The adoption of Resolution No 2012 -017 is excepting therefrom and shall m21 22 23 24 25 26 not affect the status or acceptance of the hereinafter described portion of Lofty that was accepted on Parcel Map 22368; and, WHEREAS, The Board of Directors of the Cherry Valley Water Company and the I current shareholders /property owners request that Resolution No. 2009 -039 be rescinded and reverse all actions concerning the roads described below: Page 1 of 4 2.8 03/20/12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2012 -017 Slope Drive (See attached Resolution No. 2009 -039) That portion of Slope Drive (30.00 feet wide) designated as lot "B" as shown on Parcel Map No. 12061 filed in book 60, pages 47 and 48 of Parcel Maps, Records of Riverside County, California. A portion of Mountain View Avenue attached Resolution No. 2009 -039) That portion of Mountain View Avenue (50.00 feet wide) designated as lot "C ", as shown on Tract Map 3898 filed in book 66, pages 13 thru 16 inclusive of Maps, Records of Riverside County, California. Pernell Place (See attached Resolution No. 2009 -039) That portion of Pernell Place (50.00 feet wide) designated as lots "C, "D" and "E" as shown on Parcel Map No. 11303 filed in book 77, page 66 of Parcel Maps, Records of Riverside County, California. Lofty Lane (See attached Resolution No. 2009 -039) That portion of Lofty Lane (60.00 feet wide) designated as lot "E ", as shown on Tract Map No. 3898 filed in book 66, pages 13 thru 16 inclusive of Maps, Records of Riverside County, California; Excepting therefrom that portion of Lofty Lane (60.00 feet wide) designated as lots "A" and "B" as shown on Parcel Map No. 22368 filed in book 181, page 57 and 58, of Parcel Maps, Records of Riverside County, California. Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2012 -017 NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside, State of California, in regular session assembled on March ?o , 2012, that this Board rescinds Resolution No. 2009 -039, excepting said portion of Lofty Lane. BE IT FURTHER RESOLVED that the Clerk of the Board shall cause a certified copy of this resolution to be recorded in the Office of the County Recorder of Riverside County, California. ROLL CALL: Ayes: Buster, Stone, Benoit, and Ashley Nays: None Absent: Tavaglione The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth. KECIA IREM, Vlprk of said Board By: Deputy WJH W.O. No. SUR 11062 Attached: F-1 land Resolution No. 2009 -039 Page 4 of 4 2.8 03/20/12 ` Retarder LARRY W. WARD P.O. Box 31 COUNTY OF RIVERSIDE Riverside. CA r502 -075 ASSESSOR - COUNTY CLERK- RECORDER (951) 48& 7000 €,� yttp - .': reecside.3icr+.°ec.mm 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 number(s) and wording below CLARIFICATION OF THE SEAL for the Riverside County Board of Supervisors (embossed on document) 0 x Ev,ee IE93 r'`m ode Ci.nnty_ Date: Signature: Print Name: A pril Ec kles Board Assistant, Riverside C ounty Clerk of the Board ACR 60 t P ._AS4REO lRa,. 0 1,2005) CHERRY VALLEY WATER COMPANY P.O. BOX 3166 Beaumont,Califomia 92223 April 3, 2011 Juan C Perez County of Riverside Transportation Department 4080 Lemon Street 8' Floor Riverside, Ca 92501 Dear Mr. Perez: RE: Property easement for Cherry Valley; This correspondence is the request to reinstitute the property lines for all properties within our area as designated on the supporting documentation that is enclosed. I am submitting this request on behalf of the Cherry Valley Water Company its board of directors and the Shareholders of said company. The Shareholders were very upset when receiving their tax bills they noticed that their property had decreased in size. They were not informed of this prior to it being done. The previous board of directors took it upon themselves to proceed with out a vote of the shareholders needless to say 79 homeowners were justifiability upset some or most to the point of outrage. Not only did they proceed without the necessary vote of the shareholders, the correspondence to request this change was signed by an employee (not a shareholder in the Company) of the company not the president or one of the board members. I have enclosed a copy of my own tax bill that shows the decreased in the size of the acreage which in turn will decreased the amount of property a person can list when selling. Along with that I have enclosed a copy of my original water company certificate that shows there was already an easement allotted for utilities. This has never been a problem for any other utility such as gas, electric or Verizon. This request is being submitted with the approval of the current board of directors And will defiantly make 79 homeowner very grateful to have there property boundaries reinstated. CHERRY VALLEY WATER COMPANY P. O. BOX 3166 Beaumont, California 92223 Thank you for taking the time to meet with myself and Dr. Jerilynn Kaibel, and for all your efforts in this matter. If you need any further information do not hesitate to contact me. Please notify me as to the status of this situation my contact information is listed below, Respectfully Y ane Beeman President Cherry Valley Water Company 38865 Newberry Street Cherry Valley, Ca 92223 Phone 951- 845 -9270 Cherryvonne@ Verizon.net cc: Kenneth D Teich Jamie Hurtado k SUPEVISORS COUNTY OF RI E SUBMITTAL THE BOAD VERSIDE, STA F OF CAL FORNIA l,zole' 4 d� FROM: TLMA - Transportation Department SUBMITTAL DATE: April 27, 2009 w U 0 C � m c m U 0 W G U rr o `e m E t m a m 0 c� SUBJECT: Acceptance of, Byham Lane, Cherrystone Avenue, Pine Drive, Lofty Lane, Newberry Street, Pennell Place, Slope Drive, and portions of Mountain View Avenue for public road and utility purposes, in the Cherry Valley area, Fifth Supervisorial district RECOMMENDED MOTION: Adopt Resolution No. 2009 -039, acceptance of Byham Lane, Cherrystone Avenue, Pine Drive, Lofty Lane, Newberry Street, Pennell Place, Slope Drive, and portions of Mountain View Avenue, for public road and utility purposes. BACKGROUND: Beaumont Cherry Valley Water District has requested the acceptance of previously made dedications for the above listed roads prior to annexation into their service `boundaries. Director of m 0 0 a a ❑ ❑ e m E •iui o e g Y x n a a WJH Attachments: Resolution No. 2009 -039 MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Buster, seconded by Supervisor Stone and duly carried, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Stone, Wilson and Ashley Nays: None Absent: Tavaglione Date: May 12, 2009 xp: L 0 j Transp., Recorder Ref. Forth I I (Rev 0712007) ATTACHMENTS FlLELSWTTH THE CLERK OF THE BOARD Kecia Harper -Ihem C e Board B' Deputy Agenda Number: 2 .13 1 Resolution No. 2009 -039 2 3 Said roads are in the County of Riverside, State of Califomia, and are described as follows: 4 5 Bvham Lane (See Exhibit W) 6 That portion of Byham Lane (60.00 feet wide) designated as lot "B ", as shown on Tract 7 Map No. 3898 filed in book 66, pages 13 thru 16 inclusive of Maps, Records of Riverside 8 County, California and that portion described in the Declaration of Dedication by Instrument 9 No. 130793, dated October 10, 1974, Official Records of Riverside County, California. 10 11 Chenvstone Avenue (See Exhibit W) 12 That portion of Cherrystone Avenue (60.00 feet wide) designated as lot "D ", as shown 13 on Tract Map No. 3898 flied in book 66, pages 13 thru 16 inclusive of Maps, Records of 14 Riverside County, California. 15 16 Pine Drive (See Exhibit W) 17 That portion of Pine Drive (60.00 feet wide) designated as lot "B ", as shown on Tract 18 Map No. 3898 filed in book 66, pages 13 thru 16 inclusive of Maps, Records of Riverside 19 County, California; and that portion (30.00 feet wide) described in the Declaration of 20 Dedication by Instrument No. 23309 dated February 23, 1972, Official Records of Riverside 21 County, California 22 23 24 25 26 Page 2 of 4 I Resolution No. 2009 -039 2 3 Lofty Lane (See Exhibit "A ") 4 That portion of Lofty Lane (60.00 feet wide) designated as lot "E', as shown on Tract 5 Map No. 3898 filed in book 66, pages 13 thru 16 inclusive of Maps, Records of Riverside 6 County, California; and that portion of Lofty Lane (60.00 feet wide) designated as lots °A" and 7 °B' as shown on Parcel Map No. 22368 filed in book 181, page 57 and 58, of Parcel Maps, 8 Records of Riverside County, California. 9 10 BE IT FURTHER RESOLVED that the Clerk of the Board shall cause a certified copy of this 11 resolution to be recorded in the Office of the County Recorder of Riverside County, California. 12 ROLL CALL: 13 Ayes: Buster, Stone, Wilson and Ashley Nays: None 14 Absent: Tavaglione 15 The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth. 16 %ECLA RARPER -IBEM, Clerk of said Board 17 By: wY+tiC- 117^rm� 18 Deputy 19 20 21 22 23 24 WJH 25 W.O. No. SU1020 26 Page 4 of 4 05.12.09 2.13 Exhibit "A" I T Acceptance ill Street, and a portion of Byham Lane Hill Dive N.T.S Section 21 US, R1 W S.B.M. Alva Drive 4 Pine Drive OD.00 IL Per MB 60113 -16 -rb 30.00 R. Per instrument 123309 0 Lot 9 dated 2/2311972 Sheet 1 of 3 Exhibit�A" Acceptance of Cherrystone Avenue,_Nswberry Street, Slope lhive; a portion of Byham_ l ans, and a portion cf.Mounhin view Avanus. Cherrystone Avenue LW17 U 50.00ft. g m 60.00R Oft. 60.O 6 AMB 6 Mountain View Ave 2 Per MB 6611346 Per MB 66113= 6 And Instrument #130793 Oatad 1010N974 Per MS 661346 Lot-W 30.00 ft -1 s 60.00ft. PM 60/4748 S. N.T.S Section I T2S, R1 W Shoot 2 of 3 Exhibit "A" I Acceptance of Lofty- lane,•Pernell Place and a portion of Mountain View Avenue. N.T.S. Per PM 77166 Sedion 21 T2S, R1 W P I Plaee S.B.M. Lot M F Lot V Lot 50.00 ft. 50.00 n. 03 Per PM 181157 -58 C X 60.00 n Per MB 861346 C t� ' Per MB 6613 -1 Chen Lot "D" e Avenue Sheet 3 of 3 LARRY W. WARD R P R .O. Boa A. BoK 751 COUNTY OF RIVERSIDE R;vasida, CA 92502-0751 0 ASSESSOR- COUNTY CLERK - RECORDER (951)M&?0W dttranvelsidctumw ee 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 number(s) and wording below) CLARIFICATION OF THE SEAL for the Riverside County Board of Supervisors (embossed on document) Date: Signature: Print Name: Sandi Schleoner, Deputy Clerk - Riverside C ounty Clerk of the Board AM 601P.AMR90 (Rev_ OIllM