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HomeMy WebLinkAbout1989-113 1 2 3 4 5 6 7 8 of RESOLUTION NO. _~~~l~_ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANTING AN OPEN SPACE EASEMENT TO PAVELAK CONSTRUC- TION CO., INC., A CALIFORNIA CORPORATION. WHEREAS, the City of San Bernardino is the owner of certain real property located within the City of San Bernardino, County San Bernardino, more particularly described in Exhibit "1" 9 attached hereto; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, J.G. Golfing Enterprises, Inc., a California Corpo- ration, has a leasehold interest in said property, which oper- ates and maintains thereon a public golf course; and WHEREAS, pavelak Construction Co., Inc., a California Corporation, is the owner of certain real property adjacent to the public golf course upon which Pavelak intends to construct commercial office buildings; and WHEREAS, pavelak Construction Co., Inc., is desirous of obtaining an open space easement along the westerly boundary of City owned property in order to construct two commercial office buildings in a manner which will allow the most efficient utilization of pavelak's property; and WHEREAS, granting an open space easement will not interfere with or conflict with the current and proposed uses of the City owned property. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS: SECX1QN_l~ The Mayor of the City of San Bernardino is hereby authorized to execute the Open Space Declaration and 3-27-89 .. , 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 27 28 f I .RESOLUTloN GRANTING AN OPEN SPACE EASEMENT TO PAVELAK CONSTRUCTION CO., INC. Easement, which is attached hereto marked Exhibit "1", and incorporated herein by reference as though fully set forth at length herein. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ____~~g~la~__________ meeting thereof held on the _Jl!~__day of _____~0~_______, 1989 by the following vote to wit: AYES: Council Members: __~~~~~~_~~i~lY~_L~~~~__~~a~____ _______~iQ..o-f..L_ti.i11_,.g!:_________________________________ NAYS: _______~~Q..~_______________________________________ ABSENT:_______f~~nsil_~e~~~Ly2~~~~2~~m_____________________ S~~Y-CLERK---- The foregoing Resolution is hereby approved this ~q~~_ day of __~~~!_____, 1989. ~ ') -'O~~~~~~lLJ~_- EVLYN WILC~-MAYOR / CITY OF SAN BERNARDINO APPROVED AS TO FORM AND LEGAL CONTENT: I ~/'" / .~~r/ -~ ---------------- y Attorney 3-27-89 _'l_ . ., ... Recording requested by and when recorded return to: Pavelak Construction Co., Inc. Attn: Jerry McCue 6867 Airport Drive, Bldg. 100 Riverside, CA 92504 OPEN SPACE DECLARATION AND EASEMENT THIS DECLARATION is made and entered into as of this ~ day of ~/" , 19~ by and between THE CITY OF SAN BERNARDINO, a municipal corporation ("the City"), J. G. GOLFING ENTERPRISES, INC., a California corporation ("J .G.") and PAVELAK CONSTRUCTION CO., INC., a California corporation ("Pavelak"). The City and J .G. are hereinafter collectively referred to as "Declarant." This Declaration is made with reference to the following facts: RECITALS A. The City is the owner of certain real property located in the Ci ty of San Bernardino, San Bernardino County, California, more particularly described in Exhibit "B" attached hereto and hereinafter referred to as the "Golf Course Property." The Golf Course Property is subject to a leasehold interest in favor of J.G. as lessee, which operates and maintains thereon a public golf course. The Golf Course Property is the servient tenement with respect to the easement herein described. EXHIBI"" "1 j' '.' adjacent B. to Pavelak is the owner of certain real the Golf Course Property, described as Parcels 22, 23 and 28 of Parcel Map 5333 as per Map recorded in Book 50, pages 96 to 98 of Parcel Maps, in the Office of the County Recorder of said County. property f,ollows: This property is hereinafter referred to as the "Pavelak Property" and, with respect to the easement herein described, is the dominant tenement. C. Pavelak intends to construct upon the Pavelak Property a commercial office building ("the Improvements"). In order to construct the Improvements in a manner which will allow the most efficient utilization of the Pavelak Property, the City (as approving authori ty through its Building and Safety Department and not as owner of the Golf Course Property) requires assurance that structures will not be located within the Golf Course Property wi thin an area extending approximately sixteen (16) feet into the Golf Course Property along its common boundary line wi th the Pavelak Property. The parties desire by this Declaration to provide for the maintenance of such boundary line area as open space, all in accordance with the terms provided below. -2- Q.F!.BA1'lY!_.FBQY.IS1Q~.s 1. GLaDt_Df_!aB~~Dt~ The City and J.G. hereby grant to Pavelak and its successors in interest in ownership of the Pavelak Property, an open space easement as depicted in the cross-hatched areas on Exhibit "A" attached hereto (hereafter "Easement Area") and more particularly described in Exhibit "C" attached hereto. Such easement is appurtenant to the Pavelak Property as the dominant tenement, and extends a maximum of sixteen (16) feet into the Golf Course Property in those areas along the common boundary line between the Golf Course and Pavlak Properties where Improvements are to be located upon the pavelak Property. 2. ~baL~~t~L_Df_~aB~m~Dt~ The easement herein granted is for open space purposes only, it being understood that the City, J.G. and their successors in interest will not con- struct or otherwise locate within the Easement Area any buildings or above-ground improvements of any type. Pavelak, its employees, agents and business visitors may not, pursuant to this Declaration, enter upon the Easement Area, except for the purpose of installing sprinkling systems and landscaping, it being the intention of the parties that no possessory interest or right to use the Easement Area be acquired by Pavelak pursuant to this Declaration. The easement described herein is granted solely in order to facilitate the construc- tion by pavelak upon the Pavelak Property of certain Improve- ments, without the need for building setbacks which would otherwise apply. Upon completion of Pavelak's construction -1- upon the pavelak Property, pavelak shall install landscaping and sprinkler systems upon the Easement area in accordance with the requirements of the San Bernardino Public Golf Course. 3. .T.e.rm... The easement described herein will remain in effect so long as (a) Improvements are located upon the pavelak Property in a manner requiring this easement in order to comply with setback requirements of the City; and (b) the City (or any successor jurisdiction) continues to require such setbacks. 4. Ap~YLt.eDaDt_Ea~.em.eDt... The easement described here- in is appurtenant to and for the benefit of the pavelak Property as the dominant tenement and will burden and be appurtenant to the Golf Course Property as the servient tenement. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year first above written. DE~LABAm..:. THE CI~Y OF SAN BERNARDINO, ~~~~~:2;~ J.G. GOLFING ENTERPRISES, INC., a California Corporation n. BY:_~~~ BY~~~~___________ By:____~,_e~~~________ APPROVED AS TO FORM AND LEGAL CONTENT: /) '1 yJ4~ 1-/~ CJtitY-Att~~;y------- B CO. -b- ACKNOWLEDGMENTS STATE OF C;(L!:FORNIA 'J ~ ) COUNTY OF ~J1At-L~~ ) On W ,:J..5~ , 1989, before me, the undersigned, a Notary Publ"c in and for said S~ate, personally appeared John Pavelak, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of PAVELAK CONSTRUCTION COMPANY, INC., a California corporation, and acknowledged to me that said corpora- tion executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official OFFICIAL SEAL LINDA ROBERTSON Notary Public...california RIVERSIDE COUNTY sea1~ ~~~ NotapY Pub11c . My Comm. Exp. Sep. 7. 1991 (Seal l\r~ STATE OF CApFORl')1tA ,) COUNTY OF ~ r0 lJf.{/)LJ/uL~ On 7/1~, ^ , 1989, before me, the undersigned, a N.? \tary P~.lliicc ~ ~ a ap d for said State, personally appeared ~''1/1t--vv ~ and , personally known to me (or proved to me on the basis of satisfactory evideji.~e) ~o.. be.. th~ persons who executed the wi thin instrument as llidd~ T~~- and of J. G. GOLFING ENTERPRISES, INC., a California corporation, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. (OFFICiAl SEAL) J. LORFV\!NE VELARDE Nl'[/\RY PU8L1C CALIFORNIA SM~ [3ERNAliDfNO COUNTY om mission Expires Oct. 10, 1989 / Z~ 1~tf.-~4CJ..-(_ STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the wi thin instrument as and of THE CITY OF SAN BERNARDINO, a municipal corporation, the City that executed the wi thin instrument, and acknowledged to me that said City executed the within instrument. WITNESS my hand and official seal. Notary Public (Seal) . . '. . \ \ \ .~ " \ \ k ~' ," ~ .~ I \ ~ \~ ~ ",~ ~ ~ " .. ,,~ ' EXHIBIT "An I ยท I I'il " ~n t'.. i~;i . jhf ~iii !hl -u,. ~;:.. ~..lli"l a~1 ~U .~U I I .~ ~ ~ ~ , ~ , l> "t :: ~ h..V)S Ci5Q::~~ :t~ ..... ~~ lu-....l l> , ~ : ~al t ;I~t i , nil I "! , _,. ".'. ~~~n J ~ ;:1 ~ ~.~~ ~~C iI, Q i !hl I ~ Ai ~II ~ '=:~i I 1111 I! Iii I jiil . ~ EXHIBIT liB" Legal Description of Golf Course Property That certain real property located in the County of San Bernardino, State of California, described as follows: All that portion of Lots 23 and 14, Block 54 of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of maps, page 2, records of said county, described as follows: Beginning at a point in the east line of said Lot 23, which is 200 feet south of the northeast corner of said Lot 23; thence south along the east line of said Lots 23 and 14, to a point which is 360 feet north of the southeast corner of said lot 14; thence southwesterly in a straight line to a point on the south line of said Lot 14, which is 780 feet west of the southeast corner of said Lot 14; thence westerly along the south line of said Lot 14 to a point which is 800 feet east of the east line of "E" Street, 82.5 feet wide, as conveyed by the deed from the City of Riverside, to the County of San Bernardino, which was recorded May 23, 1924, in Book 845, page 268, of deeds; thence north along a line parallel with and 800 feet east of the east line of "E" Street to a point which is 50 feet south of the north line of said Lot 23; thence east along a line parallel with and 50 feet south of the north line of said Lot 23, to a point which is 200 feet west of the east line of said Lot 23; thence south 150 feet along a line parallel with and 200 feet west of the east line of said Lot 23; thence east along a line parallel with and 200 feet south of the north line of said Lot 23 to the point of beginning. Excepting therefrom any portion of the above described property lying within said Lot 23. B-1 . , I., ".... 1 : .. Also excepting therefrom that portion of said Lot 14, described as follows: Beginning at a point in the south line of said Lot 14, distant thereon North 89 deg. 19' 41" west, 780 feet from the southeast corner of said Lot 14; thence continuing North 89 deg. 19' 41" west, 173.88 feet along said south line of Lot 14; thence north 49 deg. 40 37" east, 329.69 feet; thence south 40 deg. 00' 43" east, 171.08 feet to a point on the northerly line of that property as conveyed to the State of California by deed recorded October 17, 1956, in Book 4065, page 513, Official Records of said county; thence south 65 deg. 46' 35" west, 205.58 feet along the north line of said State of California property to the point of beginning. Also excepting therefrom that portion of said Lot 14, described as follows: That portion described as being all of that part of Lot 14, lying within a strip of land 400 feet wide being 200 feet on each side of, measured at right angles to, the following described centerline: Beginning at a point in the north line of Lot 24 of said Block 54, Rancho San Bernardino, distant thereon north 89 deg. 36' 13.5" west, 200 feet from the south- east corner of Lot 45 of said Block 54, said southeast corner of Lot 45 being a point in the said north line of Lot 24; thence south 0 deg. 20' 14" west, 1163.86 feet; thence southwesterly 1039.88 feet along a tangent curve concave to the northwest, having a radius of 1200 feet and a central angle of 49 deg. 39' 03"; thence south 49 deg. 59' 17" west, 807.37 feet to the point of ending of the centerline herein described, said point being north 49 deg. 59' 17 II east, 75.85 feet from a point in the south line of Lot 14 of said Block 54, distant thereon 619.16 feet from the southeast corner of said Lot 14. B-2 . . . \ - . . GMG0334 Said parcel of land herein conveyed is more particularly described as follows: Commencing at the point of ending of the centerline of said 400-foot strip above described~ thence north 40 deg. 00' 43" west, 200 feet along the southwesterly boundary line of said 400-foot strip~ thence north 49 deg. 59' 17" east 455 feet along the northwesterly boundary line of said 400-foot strip of land to the true point of beginning of the parcel herein described; thence continuing north 49 deg. 59' 17" east 110 feet along said northwesterly boundary line; thence north 40 deg. 00' 43" west 20 feet; thence south 49 deg. 59' 17" west 110 feet along a line parallel to said northwesterly boundary line of said 400-foot strip; thence south 40 deg. 00' 43" east, 20 feet to the true point of beginning of the parcel herein described. B-3 ....~ ... " . . 'll EXHIBIT C LEGAL DESCRIPTION CLEAR SPACE EASEMENT GRANTED TO CENTURY HOMES, INC. BY THE CITY OF SAN BERNARDINO IN, UPON, OVER, ACROSS AND ABOVE THE FOLLOWING DESCRIBED REAL PROPERTY SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA TO WIT: THAT PORTION OF LOT 14, BLOCK 54, RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7, PAGE 2, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCR! BED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 14 THAT BEARS Nee000'eS"W, S94.e2 FEET MEASURED ALONG SAID WESTERLY LINE FROM THE SOUTH LINE OF LOT 14: SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 23 OF PARCEL MAP NO. 5333, AS RECORDED IN BOOK 50, PAGE 96 OF PARCEL MAPS IN THE RECORDS OF SAID COUNTY: THENCE ALONG SAID WESTERLY LINE OF LOT 14 Ne0000'0S"W, A DISTAN- CEOF 30.00 FEET TO THE TRUE P0INT OF BEGINNING: THENCE, CONTINUING ALONG SAID WESTERLY LINE OF LOT 14 N0000010S"W, A DISTANCE OF 170.00 FEET; THENCE N89os91s2"E A DISTANCE OF 16.00 FEET; THENCE S00o~"iJ 10S liE A DI STANCE OF 170.00 FEET; THENCE SS9os91s2"W A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING. AND; COMMENCING AT A POINT ON THE SAID WESTERLY LINE OF LOT 14 WHICH BEARS N00000'0S"W, 1123.02 FEET FROM THE SOUTH LINE OF SAID LOT 14, SAID POINT BEING MORE PARTICULARLY DESCRIBED AS THE SOUTHEASTERLY CORNER OF LOT 2S OF PARCEL MAP NO. 5333, AS HEREINABOVE DESCRIBED; THENCE ALONG SAID WESTERLY LINE OF LOT 14 N00000'eS"W, A DISTANCE OF 152.es FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID WESTERLY LINE OF LOT 14, N0eo00'0S"W A DISTANCE OF 93.66 FEET; THENCE NS9os9'52"E A DISTANCE OF 16.00 FEET; THENCE S0eo00'0S"E A DISTANCE OF 93.66 FEET; THENCE SS9os9's2"W A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING.