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HomeMy WebLinkAbout1993-334 ,----- 1 RESOLUTION NO. 93-334 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR 4 INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265, 5 PAGE 120, OFFICIAL RECORDS. 6 WHEREAS, the city of San Bernardino Municipal Water 7 Department, a Municipal Corporation, acquired San Bernardino Water 8 utilities Corporation, a California Corporation, and MUscoy Water 9 Company, as the owner of easement interests; and 10 WHEREAS, the City of San Bernardino Municipal Water 11 Department, is the successor in interest to the San Bernardino 12 Water utilities Corporation and the Muscoy Water Company, as the 13 owner of easement interests; and 14 WHEREAS, the City of San Bernardino Municipal Water Department 15 retains an unlocated pipeline easement for that portion of 16 aforementioned deed as described by Document No. 89-007105, 17 Recorded January 9, 1989 in the Official Records of San Bernardino, 18 California. Said property is a part of Industrial Parkway as it 19 now exists, and 20 WHEREAS, the city of San Bernardino Municipal Water Department 21 has determined that the unlocated pipeline easement over said 22 property is not necessary. 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 24 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 25 SECTION ONE: That the city of San Bernardino, A Municipal 26 Corporation, does hereby grant a Quitclaim Deed to Gale Anne Hurd, 27 Sole Successor Trustee of the National Industries City Trust (under 28 Declaration of Trust dated May 31, 1983 as amended). August 18, 1993 - 1 - 93-33" A RESOLUTION AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO 1 MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265, PAGE 120, OFFICIAL RECORDS. 2 3 That the said Quitclaim Deed referred to SECTION TWO: 4 herein, a copy of which is attached hereto, marked Exhibit "A", and 5 is hereby referred to and made a part hereof as fully as though set 6 forth at length herein, is hereby approved. 7 SECTION THREE: That the Mayor and City Clerk of the City of 8 San Bernardino are hereby authorized and directed to execute said 9 Quitclaim Deed on behalf of the City of San Bernardino. 10 I HEREBY CERTIFY that the foregoing resolution was duly 11 adopted by the Mayor and Common Council of the City of San 12 Bernardi no at a 13 day of September 14 Council Members: 15 NEGRETE 16 CURLIN 17 HERNANDE Z 18 OBERHELMA N 19 OFFICE V ACANT 20 POPE-LUD LAM 21 MILLER 22 23 24 reaular meeting thereof, held on the 7th , 1993, by the following vote to wit: AYES NAYS ABSTAIN ABSENT x x x x x x ~l~Clerk 25 The foregoing resolution is hereby approved this \D~~ 26 day of , 1993. September 27 / / / / / 28 / / / / / August 17, 1993 - 2 - 93-334 A RESOLUTION AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO 1 MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265, PAGE 120, OFFICIAL RECORDS. 2 3 -;;;;-YVl)11/l;L'~- , Tom Minor, Mayor City of San Bernardino 4 5 6 APPROVED AS TO FORM AND LEGAL CONTENT: 7 8 JAMES F. PENMAN City Attorney 9 10 1 By: ~~_ J.~ (/ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 August 17, 1993 - 3 - Res. 93-334 Order No. 93-334 Escrow No. 63801-j Loan No. WHEN RECORDED MAIL TO: Gale Anne Hurd 1401 Ocean Avenue, Suite 200 Santa Monica, CA 90401 Attn: Julie Thomson SPACE ABOVE THIS LINE FOR RECORDER'S USE SAME AS ABOVE. DOCUMENTARY TRANSFER TAX $ .. .~~~~... ........... Computed on the consideration or value of proper1y conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale MAIL TAX STATEMENT TO: The undersigned grantor Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, successor in interest to San Bernardino Water Utilities Corporation, a California corporation, successor in interest to the Muscoy Water Company, as the owner of easement interests do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to GALE ANNE HURD, Sole Successor Trustee of the National Industries City Trust (under Declaration of Trust dated May 31, 1983 as amended) the real property in the City of County of San Bernardino , State of California, described as Any right, title or interest in and to an unlocated pipe line easement as reserved to Muscoy Water Company in Deed recorded July 21, 1948 in Book 2265, page 120, Official Records, affecting property described as follows; That portion of Section 12, Township 1 North, Range 5 West, SAN BERNARDINO BASE AND MERIDIAN, in the County of San Bernardino, State of California, as more particularly described in Exhibit "A" attached hereto and made a part hereof, comprising 2 pages. Excepting therefrom all that real property conveyed to the City of San Bernardino by document No. 89-007105 recorded January 9, 1989. official records of San Bernardino, California. (Said property is a part of Industrial Parkway, as it now exists.) Dated 11~1 CITY OF SAN BERNARDINO /t"?YYl );:?t",;,,-__-r'L- Tom Minor. Mayor I STATE OF CALIFORNIA-., _ / )ss COUNTY OF ;J /i 6!/tJV/z::t//l;J )ss 0, dlf.cf'-lfmOk 0, left!.3 before me. the undersigned. a Notary Public in and for said Slate .-r- )':J /"'-}__ /? personally appeared ,J.') /. I/IJ/~_ / _(I 0''-- f:ad,,pj ela /::'1., ~c~ personally known to me lor proved to me on the basis of satisfactory eVloencello be the person(SI whose namels) Is/are subscribed to <--- --- . OFFICIAL SEllL MARGIE VANCE . .- NOTARYPUBUC.CAlIl'O"RNIA M~~~:O:~~~~N;~ tne wlthm Instrument and acknowledged to me fhat heish~ executed the s<!fe WITNESS my h>" "d all"", ~'l s,g'''"'e,;1JJ/J/~/ /lJ!ttL- L (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1085 (Rev 12/89) 93-334 EXHIBIT lP,,, ., Any right, title or interest in and to an unlocated pipe line easement as reserved to Muscoy Water Company in Deed recorded July 21, 1948 in Book 2265, page 120, Official Records, affecting property described as follows: PARCEL NO.1: THAT PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT SURVEY, EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS .AND DESCRIBED AS PARCEL "C" IN THE ABOVE-MENTIONED DEED, SAID SOUTHWEST CORNER BEGIN ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 598.90 FEE'!' ALONG THE EASTERLY LINE OF PALM AVENUE TO THE INTERSECTION OF THE NORTHERLY LINE OF THE PROPOSED ROAD; THENCE ALONG THE NORTHERLY LINE OF. SAID PROPOSED ROAD THE FOLLOWING COURSES AND DISTANCES. SOUTH 38 DEG. 55' 29" EAST, 1383.653 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 450 FEET AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 481.981 FEET; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 300 FEET AND A CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, 322.362 FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID PROPOSED ROAD, SOUTH 38 DEG. 43' 33" EAST, 30 FEET; THENCE LEAVING THE NORTHERLY LINE OF SAID PROPOSED ROAD, NORTH 21 DEG. 25' 53" EAST, 634.652 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "C", AS CONVEYED TO THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 50 DEG. 24' WEST, 300 FEET TO A POINT IN SAID LINE; THENCE NORTH 51 DEG. 30' 32" WEST, 465.09 FEET; THENCE NORTH 89 DEG. 51' 28" WEST, 695.51 FEET; THENCE NORTH 35 DEG. 56' 13" WEST, 488.48 FEET; THENCE NORTH 42 DEG. 19' 06" WEST, 497.92 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CALIFORNIA BY DEED RECORDED AUGUST 507, OFFICIAL RECORDS, DESCRIBED AS CONVEYED 20, 1958, FOLLOWS, TO THE STATE OF IN BOOK 4582, PAGE BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS OF SAID COUNTY, AND DESCRIBED AS PARCEL "C" IN THE ABOVE-MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL "C", SOUTH 42 DEG. 19' 08" EAST, 32.02 FEET; THENCE SOUTH 61 DEG. 23' 07" WEST, 53.48 FEET TO SAID EASTERLY LINE OF PALM AVENUE, DISTANT ALONG SAID EASTERLY LINE SOUTH 27 DEG. 15' 41" WEST, 55.44 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE NORTH 27 DEG. 15' 41" EAST, 55.44 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO GLENN HAGEN ENTERPRISES, A PARTNERSHIP, BY DEED RECORDED AUGUST 28, 1963, IN BOOK 5977, PAGE 887, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS, BEGINNING AT THE SOUTHWEST CORNEft OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS AND DESCRIBED AS PARCEL "C", SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS THE SAME NOW EXISTS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "C", SOUTH 42 DEG. 19' 06" EAST, 174 FEET; THENCE SOUTH 27 DEG. 40' 03" WEST, PARALLEL WITH EASTERLY LINE OF SAID PALM AVENUE, 255.44 FEET; THENCE NORTH 42 DEG. 19' 06" WEST, PARALLEL WITH SAID SOUTHERLY LINE OF PARCEL "C", 174 FEET TO A POINT IN THE EASTERLY LINE OF SAID PALM AVENUE; .THENCE NORTHERLy ALONG THE EASTERLY LINE OF PALM AVENUE, 255.44 FEET TO THE POINT OF BEGINNING. 93-334 EXHIBIT ItA" (CONTINUED) ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC CORPORATION, BY DEED RECORDED NOVEMBER 5, 1971, IN BOOK 7789, PAGE 503, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID PARCEL OF LAND BEING THAT PART OF SAID CERTAIN PORTION LYING SOUTHEASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT NORTHWESTERLY 40 FEET, MEASURED AT RIGHT ANGLES, OR RADIALLY, FROM THE FOLLOWING DESCRIBED SURVEY LINE: IN THE FOLLOWING DESCRIPTION ALL CURVES ARE TANGENT TO THE STRAIGHT LINES WHICH THEY JOIN: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF LOT 61 OF THE SEMI-TROPIC LANO AND WATER COMPANY SUBDIVISION IN SAID COUNTY AND STATE, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 12, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT ALONG SAID NORTHEASTERLY LINE, NORTH 53 DEG. 46' 31" WEST, 330.74 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 61; THENCE NORTH 89 DEG. 11' 10' EAST, 127.92 FEET; THENCE NORTH 84 DEG. 40' 18" EAST, 2351.46 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 580 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58 DEG. 40' 34", AN ARC DISTANCE OF 593.97 FEET; THENCE NORTH 25 DEG. 59' 44" EAST, 6375.03 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,020 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 DEG, 36' 47", AN ARC DISTANCE OF 2246.09 FEET; THENCE NORTH 68 DEG. 36' 31" EAST, 6002.79 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 520 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 DEG. 06' 40", AN ARC DISTANCE OF 100.84 FEET; THENCE NORTH 79 DEG. 43' 11" EAST, 907.26 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 480 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9 DEG. 18' 32", AN ARC DISTANCE OF 77.99 FEET; THENCE NORTH 70 DEG. 24' 39" EAST, 1383.05 FEET TO A POINT ON THE CENTER LINE OF KENDALL DRIVE, 80 FEET WIDE, DISTANT THEREON SOUTH 58 DEG. 07' 14" EAST, 192.02 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN DEED RECORDED MAY 2 9 , 1943, IN BOOK 1602, PAGE 224, OFFICIAL RECORDS, IN THE OFFICE OF SAID RECORDER, AS HAVING A BEARING AND DISTANCE OF NORTH 57 DEG. 20' WEST, 6993.00 FEET. PARCEL NO.2: THAT PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, IN THE RANCHO MUSCUPIABE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT SURVEY, EXTENDED INTO SAID RANCHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS: "NORTH 89 DEG. 51' 27" WEST, 695.51 FEET" IN PARCEL "C" OF DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS; THENCE ALONG THE LINES OF SAID PARCEL "C": (1) NORTH 89 DEG. 51' 27" WEST, 695.51 FEET; AND (2) NORTH 35 DEG. 56' "A") NORTH 85 DEG. 11' 40" SOUTH 56 DEG. 05' 21" BEGINNING. EXCEPTING THEREFROM ALL MIN<:RALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER SAID PROPERTY, BUT WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, AS RESERVED IN THE DEED FROM THE STATE OF CALIFORNIA RECORDED JUNE 3, 1964, IN BOOK 6162, PAGE 97, OFFICIAL RECORDS. 13" WEST, 298.48 FEET; THENCE (COURSE EAST, 453.68 FEET; THENCE (COURSE "B") EAST, 504.39 FEET TO THE POINT OF