HomeMy WebLinkAbout1995-009
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RESOLL~ION NO. q5-9
RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE
APPRAISER'S DETERMINATION OF FAIR MARKET VALUE OF A STREET AND HIGHWAY
EASEMENTS FOR PORTIONS OF BOTH SIDES OF TIPPECANOE AVENUE BE~~EN THE 110
FREEWAY AND ROSEWOOD DRIVE, SAN BERNARDINO, CALIFORNIA, A:-lD CERTIFYING THE
WORK OF THE APPRAISER.
WHEREAS, the City of San Bernardino is contemplating the acquisition of
Street and Highway easements along both sides of Tippecanoe Avenue between
the 110 Freeway and Rosewood Drive in the City of San Bernardino; and
WHEREAS, there are two (2) owners representing four (4) parcels of real
property from which the easements are to be acquired; and
WHEREAS, the City desires to now acquire the said Street and Highway
easem(~nts across said lots and parcels; and
WHEREAS, City has reviewed the Appraiser's determination of the fair
market value of the land and his report thereon; and
WHEREAS, the Ci ty intends to acquire said easement with Traffic System
Fee Funds.
NOW, THEREFORE, BE IT RESOLVED BY TIlE MAYOR AND COMMON COUNCIl.
OF THE CITY OF SAN BERNARDINO THAT:
SECTION 1. That said Street and Highway easements across said lots and
parcels of real property situated in the City of San Bernardino on Tippecanoe
Avenue are described as follows:
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12-19-94
RE.SOLUTIQN ACCEPTDG FAIR '1l.J'JZET VALLE TIPPECANOE AVE.
95-9
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Portions of all that real property in the County of San Bernardino, State of
California, known as Assessor's Parcels numbered as follows:
0281-161-42; 0281-083-18; 0281-083-20; 0281-091-39
and are hereby determined, based upon the Appraiser's report to have an
aggregate fair market value of $33,322.50 and said amount is hereby
established as the fair market value for said property and authorizes payment
therefore accordingly.
SECTIOK 2. The City of San Bernardino does hereby certify that the
work of the Appraiser with respect to the lots and parcels of real property
has been performed in a competent manner in accordance with the applicable
State law, the Act, and Department of Housing and Urban Development policies
and requirements.
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12-19-94
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RES.OLUTIQN ACCEPTING FAIR MARKET VALCE TIPPECANOE WE.
95-9
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a regula-"---__
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January
meeting thereof, held on the
day of
., 1995, by the
9th
following vote, to wit:
Council Members: AYES
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
~--_._-----
POPE-LUDLAM x
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MILLER x
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NAYS
ABSTAIN
ABSENI
~k~
The foregoing resolution is hereby approved this llrh
day of
January
. 1995.
~\
~- 1ft"
/ ~ / /14'--"
/ Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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0~I.i/e~
12-19-94
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CI~Y OF SAN BERNARDI~O
SS
311
II I, RACHEL CLARK, Ci ty Clerk in and for the Ci ty of San
41 Bernardino DO HEREBY CERTIE'Y that the foregoing and attached
I copy of the San Bernardino Ci<:y Resolution No. c;r-t{ is a full,
51 true and correct copy of that now on file in this office.
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IN WI~~ESS WHEREOF, I have hereunto set my
offic~l seal of the C~<:y of San Bernardino
of <Jti Ifilt; , 19.ff".
hand and affixed the
this q.t:b- day
8
Ii
II
~Lf (2~
City Clerk
By ~(C~ r!:Le,~-~O
Bea Cortes, Deputy
t/{:;-r.
RECORDED AT THE REQUEST OF
AND WHEN RECORDED HAIL TO:
CITY CLERK
CITY HALL
300 North "0" Street
San Bernardino, CA 92418
(Spice above for Recorder's USe)
Documentary Transfer Tax is None
Public Agency Exempt (R & T Code)
Exempt from Recording Fee
Per Govt. Code Sec. 6103
Parcel Nos. E-1, E-2, and E-3
Tippecanoe Avenue Widening
APNs: 281-083-18, 281-083-20,
and 281-091-39 (Portions)
GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, RANCON REALTY FUND III, a California limited
partnership, hereinafter referred to as "Grantor," hereby grants
and conveys to THE CITY OF SAN BERNARDINO, a Municipal corporation,
an easement for public street, public highway, and incidental
purposes, over, across, upon, and within that portion of Grantor's
real property in the City of San Bernardino, County of San
Bernardino, State of california, described as:
That portion of Lot 5 in Block 72 of Rancho
San Bernardino, as shown on map thereof
recorded in Book 7, page 2, of Maps, and of
Lots 60 and 61 of Tract No. 2743, Loma Linda
Gardens, as shown on map thereof recorded in
Book 38, page 47, of Maps, Records of the
County Recorder of said County, described in
the rider marked "Exhibit A," attached hereto,
and, by this reference, incorporated herein
(the "Easement Area") .
Formal acceptance by execution of the Certificate of
Acceptance of Easement Deed hereon by the City of San Bernardino
shall constitute the agreement of the City of San Bernardino to the
following two (2) express covenants:
(1) to unconditionally indemnify and hold harmless
Grantor, its partners and their agents, representatives, officers,
directors, shareholders and employees, and Grantor's successors or
assigns, against and from any and all loss, claims, damages,
penalties, liabilities and costs or allegations of any of the
foregoing, including any out-of-pocket litigation costs and the
actual fees and expenses of counsel, investigation and appeal
BZUM
4173
- 1 -
EASEMENT
03/09/95
OK_/'
./ /.
("Claims"), which occur, arise or result from this Grant of
Easement or any act or omission of the city of San Bernardino, or
any other party, in any way connected with the use of the above-
described Easement Area under or arising from this Grant of
Easement, excluding any such Claims arising from damage to or loss
upon Grantor's remaining parcel of real property adjoining the
Easement Area described herein due to unlawful or negligent public
use of said Easement Area for public street and highway purposes:
and
(2) that if any action or proceeding is ever brought by
any party hereto arising from this Grant of Easement, the prevail-
ing party shall be entitled to an award of its attorneys' fees in
addition to any other relief awarded.
IN WITNESS WHEREOF, this instrument has been executed this 27th
day of March , 1995.
GRANTOR:
RANCON REALTY FUND III, a
California limited partnership
By: Rancon Financial corporation,
a California corporation
Its: General
By:
Its:
Prp~;r1pn+-
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STATE OF CII-J.IP;)AiJl'j' }
COUNTY OF MtJe.t<?,5Ipe ; SSe
On /lf1.Aci .? 1. 199'5, before me, 9U I), . C) T4&-75 ?- Notary
PubliC~. ,~d for ~id state, personally appeared 4kp~-r
/1. 5" ~ 4r/fI'.:. personally known to me (Gr -pre'\fed -t;o me-
Ga 1ihe .. ~ sa:Eisfas'tory Quie1el'lse) to be the person (.81 whose
name(a-) is/iH'Q. subscribed to the within instrument and acknowledged
to me that he/sae{they executed the same in his/herfth~~~
authorized capacity (i-ea-) , and that by his/~/t-heir signature ("5.) on
the instrument the person(~, or entity upon behalf of which the
person (5) acted, executed the instrument.
WI.T.NESS7Y and and official. seal. J~ ~.~ . ~ . . . . ~ . - ~ ~f
~ @ JUDlSTMTS
1 ' .:;: """,' COMM.1961881 z
"". ,/"/<_ Z : -.' Notary Public-CaIHomia ~
C ... ~ z ,. ' RIVERSIDE COUNTY -
. s~gnature t ~ ~' _ ~~.~~R.24~1~ J
BZT&M
4173
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EASEMENT
03/09/95
t?ra
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CERTIFICATE OF ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property conveyed
by the above Grant of Easement dated March 27 , 1995 from
Rancon Realty Fund III to the City of San Bernardino, a Municipal
corporation, is hereby accepted by order of the City Council, and
the Grantee. consents to the recordation thereof by its duly
authorized officer.
Dated: ~ 1.$, /? f.5"
CITY OF SAN BERNARDINO, a
Municipal corporation
BY:~~
C Y Clerk
BZT&M
4173
- 3 -
EASEMENT
03/09/95
;J ~~_ t<'
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EXHIBIT A
EASEMENT DESCRIPTION
PARCEL NOS. E-1. E-2, AND E-3
WEST SIDE OF TIPPECANOE AVENUE
BETWEEN ROSEWOOD DRIVE
AND
INTERSTATE HIGHWAY 10
That portion of Lot 5 in Block 72 of Rancho San Bernardino. as shown on
map thereof recorded in Book 7, page 2, of Maps, and of Lots 60 and 61 of
Tract No. 2743, Lama Linda Gardens, as shown on map thereof recorded in
Book 38. page 47, of Maps, Records of the County Recorder of San
Bernardino County, described as follows:
Beginning at a point in the northerly right of way line of Interstate Highway
10, formerly State Highway Route VIII-SBd-26A, established by Director's
Deed in favor of Joseph A. Brier and Evelyn P. Brier recorded November 16,
1964, in Book 6272, page 820, of Official Records of said County, said
point being the southwesterly terminus of the curved line referred to as
"Course G" of Parcel 3 in said Director's Deed, and said curve being a
tangent curve concave northwesterly and having a radius of 50 feet;
Thence easterly, northeasterly, and northerly along said northerly right of
way line of Interstate Highway 10 and along the westerly line of Tippecanoe
Avenue as established by said Director's Deed, and as established by deed
in favor of the State of California recorded September 13, 1960, in Book
5233, page 342, of said Official Records, the following three (3) courses:
(1) easterly, northeasterly, and northerly along the arc of said
curved line referred to as "Course G" through a central angle of
73000'59" a distance of 63.72 feet;
(2) North 02049'44" East, tangent to said curve, a distan!:e 72.79
feet;
(3) North 00036' 12" West a distance of 110.06 feet to the
southerly line of Rosewood Drive as shown on said map of
Tract No. 2743;
Thence South 89043'24" West (formerly recorded North 89049' West)
along said southerly line a distance of 24.77 feet;
EXHIBIT A
(Page 1 of 21
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EXHIBIT A
Thence South 45026'24" East a distance of 12.36 feet to a point distant
60.00 feet westerly, measured at right angles, from the centerline of
Tippecanoe Avenue, 60 feet wide, as shown on said map of Tract No.
2743;
Thence, Course A, South 00036'12" East (formerly recorded South 00008'
East) parallel with said centerline a distance of 177.88 feet;
Thence, Course 8, South 31050'43" West a distance of 49.48 feet, more or
less, to the point of beginning.
TOGETHER WITH any and all abutter's rights of access in and to
Tippecanoe Avenue and Interstate Highway 10 over and across "Course 8n
and the southerly 121.52 feet of "Course An, both hereinabove described.
Containing 3.417 Square Feet, more or less.
EXHIBIT A
(Page 2 of 2)