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HomeMy WebLinkAbout1982-002Sari Bernardino J 60, 009-2'9=2 RESOLUTION NO. 82-2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING PETITION AND WAIVER OF PROPERTY OWNERS FOR SPECIAL ASSESSMENT PROCEEDINGS AND APPROVING BOUNDARY MAP ATTACHED THERE- TO AND DIRECTING FILING WITH THE CITY CLERK AND RECORDING WITH COUNTY RECORDER WHEREAS, this Mayor and Common Council propose to take proceedings pursuant to the Municipal Improvement Act of 1913 for the acquisition and construction of certain subdivision improvements, appurtenances and appurtenant works in that certain subdivision designated as "Tract No. 12034". NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, AND ORDER AS FOLLOWS: Section 1. That the Petition and Waiver, attached hereto as Exhibit 1, and made a part hereof, is hereby approved. 212.3(ph) 12/28/81 San Bernardino 60,009-29-2 Section 2. That certain Boundary Map attached to said Petition and Waiver of Property Owners, designated "Proposed Boundaries of Assessment District No. 948" is hereby approved and ordered to be filed in the office of the City Clerk and recorded in the office of the County Recorder of San Bernardino County. ADOPTED, SIGNED AND APPROVED this 1 -7 -1 -le day of January , 1982. ATTEST: /i14&[ — City Clerk o the City of San Bernardino 2 212.3(ph) 12/28/81 San Bernardino. 60,009-29-2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day of January, 1982, by the following vote, to wit: AYES: Councilmen Castaneda, Reilly, Hernandez, Botts, Hobbs, Strickler NAYS:- None ABSENT: None ABSTAIN: None The foregoing resolution is hereby approved this day of January Approved as to form: 212.3(ph) 12/28/81 3 PETITION AND WAIVER ASSESSMENT DISTRICT NO. 948 TO: THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO The undersigned, being the owners of properties described below, hereby petition, for the taking of proceedings pursuant to Ordinance No. 3902 of the City and the Municipal Improvement Act of 1913', Division 12 of the Street and Highways Code, and the issuance of bonds pursuant to the Improvement Bond Act of 1915, Division 10 of said Code, for the acquisition, installation and construction of those certain onsite and offsite improvements, including rough grading and flood control channel improvements to comply with San Bernardino County Flood Control require- ments, streets, bridges, curbs and gutters, sidewalks, landscaping, street lights, traffic signals, sewers and sewer siphon, water lines, storm drains, conduit for underground electrical, telephone, cable television and natural gas facilities and all necessary appurtenances and appurtenant works, wi".in and as necessary to provide access and services to said properties set forth below, including without limitation, all engineering and design, appraisal, legal, accounting and financial consulting fees, land and right-of-way acquisition, interest on the bonds during the construction period, reserve funds and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto; and for the formation of an assessment district consisting of those properties which shall be assessed for the costs and expense of the improvements described above, pursuant to said ordinance No. 3902 and said Municipal Improvement Act of 1913. Attached hereto and marked Exhibit "A" is a map and legal description of the boundaries of the proposed assessment district. The undersigned expressly waive the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of said Code in accordance with Section 2804 of said Code. FEE OWNER: AMERICAN CENTER LIMITED, a California limited partnership BY: Its General Partner, American Center Associates, a California limited partnership. BY: Its General Partner, Sterling Homes Corp., A California corporation. Qb— BY: g;f_— RoberlF.H_. -Lintz, Preside BY: Maxine L. Bridges, Sdr6retary ENCUMBRANCER: FIRST INTERSTATE BANK OF CALIFORNIA, (formerly United California Bank). a California Corporation BY BY: ACKNOWLEGEMENT STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On this 4-4' day of 1JQ /CA.r✓1 W-✓ , in the year 198L, before me, -P& a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared Robert H. Lintz, known to me to be the President, and Maxine L. Bridges, known to me to be the Secretary of Sterling Homes Corp., the Corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of American Center Associates, the limited partnership being known to me to be the general partner of American Center Limited, the limited partnership that executed the within instrument and acknowledged to me that such partner and such partnerships executed the same. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Orange on the day and year in this certificate first above written. OFFICIAL SEAL LL OF PAMELA S. KYNENotaryPublic-oe ELL SignatureOmnge county ) Pamela S. Kynell My corn. "P. Oct. 5. 1984 f ~ N PARCEL NO. 1: The North 1/2 of Lot 5, Block .728 RANCHO SAN BERNARDINO# in the County of San Bernardino; State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. PARCEL NO. 2: That portion of Lot 6, Block 72, RANCHO SAN BERNARDINO# in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 21 records of said County, described as follows: BEGINNING at a, point in the South line of said Lot, said point also being the North line of Redlands Boulevard, formerly known as Coltor Avenue, 82.5 feet wide, distant thereon 850 feet West of the Southeast corner of said Lot; thence North along a line parallel with the West line of said Lot to the point of intersection of said line with the Southeasterly line of the right of way of the Gage Canal, as conveyed to the Gage,Canal Company by deed dated March 17, 1910 and recorded in Book 4631.0..age 3151 of Deeds, and as established by a record of survey recorded in Book 16 of Record of Survey, pages 50 through 56, inclusive, records of said County; thence Northeasterly along the Southeasterly line of said right of way to the point of intersection of said Southeasterly line with a. -line drawn parallel to and 850 feet East of the West line of said Lot; thence North along said line parallel to the West line of said Lot to a point on the North line of said Lot, 850 feet East of the Northwest corner thereof; thence West along said North line to the Northwest corner of said Lot; thence South along the West line of said Lot to the Southwest corner thereof, thence East along the South line of said Lot to the point of beginning. LEGAL DESCRIP Oontinued EXCEPTING THEREFROM anyportion of the property above described lying within the Gage Canal, as conveyed to the Gage Canal Company by deed dated March 171 1910, and recorded in Book 463, page 315, of Deeds, and asestablished by a Record of Survey, kecorded in Book 16 of Re.cord of Survey, pages 50 through 56, inclusive, records of said County. ALSO EXCEPTING THEREFROM that portion of the property above described lying South of the North line of the property conveyed to the State of California by Final Order of Condemnation, Superior Court of the State of California for the County of San Bernardino, Case No. 104298, a certified copy of which was recorded March 5, 1964, in Book 6102, page 361, Official Records of;said County. PARCEL NO. 3s Lot 6, Block 72, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. EXCEPTING THEREFROM that portion described as follows: BEGINNING at a point in the South line of said Lot, said point,also being the North line of Redlands Boulevard, formerly known as Colton Avenue, 82.5 feet wide, distant thereon 850 feet West of the Southeast corner of said Lot; thence North along a line '.parallel with the West line of said Lot to the point of intersection of said line with the Southeasterly line of the'right of way of the Gage Canal, as conveyed to the Gage Canal': Company, by deed dated March 17, 1910, and recorded in Book 463, page 315, of Deeds, and as established by a Record of.Survey, recorded in Book 16 of Record of Survey, pages 50.through 56, inclusive, records of said County; thence Northeasterly along the Southeasterly . line of said right of way to the point of intersection of said Southeasterly line with a line drawn parallel to and 850 feet East to the West line of said Lot; thence North along said line parallel to the West line of said Lot to a point on the North line of said Lot, 850 feet East of the Northwest corner thereof; 'thence West along said North line to the Northwest corner of said Lot; thence South along the West line of said Lot to the Southwest corner thereof; thence East along the South line of said Lot to the point of beginning. 0i wi is 1 •. =. ALSO EXCEPTING THEREFROM any portion of the property above described lying within the Gage Canal, as conveyed to the Gage Canal Company by deed dated, March 17,,, 1910 and recorded in Book 463, page 315, of Deeds, and as established by a Record of Survey recorded in Book 16 of Record of Survey, pages 50 through 56, inclusive, records of said County. ALSO EXCEPTING THEREFROM.that portion of the property above described lying South of the North line of the property conveyed to the State of California by Final Order of Condemnation Superior Court of the State of California for the County of San Bernardino, Case No. 104298, a Certified Copy of which was recorded March 51 1964, in Book 6102, page 361, Official Records of said County. PARCEL NO. 4: All that portion of Lot 7, Block 72, .RANCHO SAN BERNARDINO,' in the County of San Bernardino, State of California, as per .plat recorded in Book 7 of Maps, page 2, records of said County, lying Northerly of the Northerly line of that certain parcel of land described as Parcel 47 (Reamended) in that certain "Final Order of Condemnation", Superior Court- of ourtof the State of California, in and for the County of San Bernardino, Case No. 104298, recorded March 51 1964, in Book 6102, page 361, Official Records of said County. EXCEPTING THEREFROM that portion as described in the deed conveyed to the County of San Bernardino, recorded November 26, 1932, in Book 857, page 47, Official Records of said County. ALSO EXCEPTING THEREFROM the North 500 feet of the West 1/2 . of said Lot 7. ALSO EXCEPTING THEREFROM the East 40 feet of the South 750..-, feet of said Lot 7, as measured from the North line of Colton Avenue. PARCEL NO. 5: The East 40 feet of the South 750 feet of Lot 7, Block 72, RANCHO SAN BERNARDINO# in the County of San Bernardino, ! State of California, as per plat recorded in Book 7 of Haps, ' page.2, records of said County. Z' 1 0 64 r. • •. = EXCEPTING THEREFROM that portion lying Southerly of the Northerly line of that certain parcel of land described as Parcel 47 (reamended) in that certain "Final Order of Condemnation" Superior Court of the State of California, in and for the County of San Bernardino, Case No. 104298, recorded March 5, 1964, in Book 6102, page 3611 Official Records of said County. PARCEL NO. 6: The North 500 feet of the West 1/2 of Lot 7 and the North 965 feet of Lot 8, Block 72, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, records of said County. EXCEPTING THEREFROM of said Lot Be the West 840 feet thereof. PARCEL NO. 7: That portion of Lot Be Block 72, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per map recorded in Book 7 of Maps, page 2, records of said County, lying North and East of San Timoteo Creek Channel, as conveyed to the Couni1 of San Bernardino by deed recorded November 26, 1932, in Book 857, page 47, Official Records. EXCEPTING THEREFROM the North 965 feet. ALSO EXCEPTING THEREFROM the following described portion: COMMENCING at the Northwest corner of Lot 81 said corner also being situated on the East line of Waterman Avenue, 82.5 feet in width; thence South 0. 26' 54" East along said East line, 965 feet to the true point of be inning= thence North 89" 33' 06" East, and parallel with the North .line of Lot Be a distance of 98.75 feet; thence South 0° 26' 54" East, 44.47 feet; thence South 89° 33' 06" West, 90 feet; thence South 0" 26' 54" East, 567.92 feet, more or less, to a:point on the North line of said San Timoteo Creek Channel right of way; thence Northwesterly along .said North line of the Channel to the point of intersection with the East line of Eastali eaofAWatermanhAvenueotohthe true5pointsofabeginning. LEGAL DESCRIPTION Continued PARCEL NO. 8: That portion of Lot 10, Block 72, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2r records of said County, described as follows: BEGINNING at the Southeast corner of said Lot 10; thence West along the South line of said Lot, 200 feet; thence North parallel with the East line of said Lot, 871.42 feet; thence East parallel with the South line of said Lot, 200 feet to the East line of said Lot; thence. South along the East line of said Lot to the point of beginning. PARCEL NO. 9: That portion of Lot 10, Block 72, RANCHO SAN BERNARDINO, in the 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 the Southeast corner of said Lot; thence North along the East line of said Lot 10 to a point in the Southerly line of the parcel of land described in the Final Order of Condemnation, Certified Copy of which was recorded April 19, 1961, Instrument No. 500, in Book 5408, page 371, Official Records; thence Westerly along said Southerly line to the Northeasterly corner of the parcel of land conveyed to San Bernardino County Flood Control District, a body politic and corporate, by deed recorded September 26, 1960, Instrument No. 100, in Book 5243, page 390 Official Records; thence South 41. 58' 04" West, along the Southeasterly line of the parcel so conveyed to a point of tangent curve therein, said curve being concave to the Northwest and having a radius of 3013.76 feet; thence Southwesterly along said curve through a central angle of 2" Ol' 46", a distance of 106.75 feet to a point in the Westerly line of Parcel "C" as described in the deed to the San Bernardino industrial Park, Inc., a corporation, recorded June 251 1957, Instrument No. 70, in.Book 4263, page 292, Official Records; thence South 15" 48' 07" West (record South 150.31' West) along the Westerly line of said San Bernardino Industrial Park, Inc., land to a point in the South line of said Lot 10; thence East to the point of beginning. 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