HomeMy WebLinkAbout2009-127
1
RESOLUTION NO. 2009-127
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 ACCEPTANCE OF PARK IMPROVEMENTS FOR CHANCELLOR'S PARK,
LOCATED AT THE NORTHEAST CORNER OF KENDALL DRIVE AND CAMPUS
4 PARKWAY; COLLEGIATE PARK, LOCATED AT THE SOUTHWEST CORNER OF
5 CAMPUS PARKWAY AND NORTHPARK BOULEVARD, AND A PORTION OF
FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK
6 BOULEVARD, SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE
TO SAID FREDDIE SPELLACY PARK FROM, AND GRANTING A REVOCABLE
7 TEMPORARY CONSTRUCTION EASEMENT TO, UNIVERSITY PARK, LLC.
8
9
10
11 ("AGREEMENT") with l.R. Watson and Associates Development Company ("DEVELOPER")
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WHEREAS, on the 21st day of February, 2006, Resolution No. 2006-59 was adopted,
authorizing the execution of a Park Development and Improvements Agreement
for certain park improvements as stated therein; and
WHEREAS, the DEVELOPER has completed the improvements or portions of the
improvements for certain parks stated within said AGREEMENT; and
WHEREAS, the DEVELOPER has requested that the City accept certain improvements,
or portions of improvements, completed pursuant to said AGREEMENT.
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WHEREAS, the DEVELOPER holds title to certain parks set forth in said
AGREEMENT as University Park, LLC and desires to transfer fee title of the park referenced as
Regency Park in said Agreement, and now known as Freddie Spellacy Park, to the City; and
WHEREAS, the DEVELOPER has requested a temporary construction easement over
the un-improved portion of Freddie Spellacy Park for the purpose of completing park
improvements.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino,
hereby approve and accept the park improvements as constructed within certain parks set forth
OS/28/09
2009-127
. .
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF PARK
IMPROVEMENTS FOR CHANCELLOR'S PARK, LOCATED AT THE NORTHEAST CORNER OF
KENDALL DRIVE AND CAMPUS PARKWAY; COLLEGIATE PARK, LOCATED AT THE
1 SOUTHWEST CORNER OF CAMPUS PARKWAY AND NORTHPARK BOULEVARD, AND A
PORTION OF FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK BOULEVARD,
2 SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE TO SAID FREDDIE SPELLACY
PARK FROM, AND GRANTING A REVOCABLE TEMPORARY CONSTRUCTION EASEMENT TO,
3 UNIVERSITY PARK, LLC.
4
in said AGREEMENT, more specifically known as Chancellor's Park, located at the northeast
5
6 comer of Kendall Drive and Campus Parkway; and Collegiate Park, located at the southwest
7 comer of Campus Parkway and Northpark Boulevard, as shown on the map attached hereto as
8 Exhibit "I" and made a part hereof.
9
10
portion of the park improvements as now constructed, within that certain park referenced as
11
Regency Park in said AGREEMENT, now known and hereinafter referenced as Freddie Spellacy
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SECTION 2. That the Mayor and Common Council hereby approve and accept that
Park, as shown on said Exhibit "I".
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SECTION 3. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of the City, an acceptance certificate for the transfer of fee title
from University Park, LLC for Freddie Spellacy Park as shown on said Exhibit "I", and more
fully described in a Grant Deed, a copy of which is attached hereto as Exhibit "2" and made a
part hereof.
SECTION 3. That the Mayor is hereby authorized and directed to execute on behalf of
the City, a Grant of a Revocable Temporary Construction Easement to University Park, LLC,
over the remaining un-improved portion of Freddie Spellacy Park, a copy of which is attached
hereto as Exhibit "3" made a part hereof, after the recording of the Grant Deed as set forth in
Section 4 herein.
SECTION 4. That the City Clerk is hereby authorized and directed to file, or cause to be
filed, said original Grant Deed with the office of the County Recorder of San Bernardino County.
04/28/2009
2
2009-127
,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF PARK
IMPROVEMENTS FOR CHANCELLOR'S PARK, LOCATED AT THE NORTHEAST CORNER OF
KENDALL DRIVE AND CAMPUS PARKWAY; COLLEGIATE PARK, LOCATED AT THE
1 SOUTHWEST CORNER OF CAMPUS PARKWAY AND NORTHPARK BOULEVARD, AND A
PORTION OF FREDDIE SPELLACY PARK, LOCATED WESTERLY OF NORTHPARK BOULEVARD,
2 SOUTHERLY OF ASH STREET AND ALSO ACCEPTING FEE TITLE TO SAID FREDDIE SPELLACY
PARK FROM, AND GRANTING A REVOCABLE TEMPORARY CONSTRUCTION EASEMENT TO,
3 UNIVERSITY PARK, LLC.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular
meeting thereof
7 held on the 1st
June
, 20 09 , by the following vote, to wit:
day of
8
Council Members:
9
10
11
12
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
x
BAXTER
x
BRINKER
13 SHORETT
14
x
KELLEY
x
15
16
17
18
19
20
21
22
23
24
25
26
27
28
x
JOHNSON
MCCAMMACK
x
Q~ };;.~,
C1Clerk
The foregoing resolution is hereby approved this 1; __ day of June
20 09
'-
.,
ayor
04/28/2009
3
2009-127
COLLEGIATE PARK
(100% IMPROVED)
CHANCELLOR'S PARK
(100% IMPROVED)
ART COLONY PARK
(100% UNIMPROVED)
FREDDIE SPELLACY PARK
UNlNMPROVED PORTION
(City to Grant temporary construction
easement to University Park,LLC)
/"'..
EXHIBIT "1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
VARIOUS PARK IMPROVEMNTS
PROPOSED TO BE ACCEPTED BY
THE CITY
File No. 15.05-269
Created by: /
2009-127
RECORDING REQUESTED BY
CITY CLERK
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
Space Above This Line for Recorder's Use Only
A.P.N.: 0151-342-21-0-000
File No.: NCS-388956-SA1 (gf)
GRANT DEED
The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0; CITY TRANSFER TAX $0;
SURVEY MONUMENT FEE $0
[ ] computed on the consideration or full value of property conveyed, OR
[ ] computed on the consideration or full value less value of liens and/or enOJmbrances remaining at time of sale,
[ ] unincorporated area; [ ] Oty of San Bernardino, and
[ X ] Exempt from transfer tax; Reason: Conveyance to a Governmental Agency
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
University Park, LLC, a California limited liability company
hereby GRANT(s) to The City of San Bernardino, a municipal corporation
the following described property in the City of San Bernardino, County of San Bernardino, State
of California:
LETTER LOT R OF TRACT NO. 16509-7, IN THE CITY OF SAN BERNARDINO, STATE OF
CAUFORNIA, AS PER MAP RECORDED IN BOOK 331 PAGES 83 THROUGH 92, INCLUSIVE OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT "2"
Mail Tax Statements To: SAME AS ABOVE
2009-127
Grant Deed - continued
Date: 04/14/2009
A.P.N.: 0151-342-21-0-000
File No.: NC5-388956-SA1 (gf)
Dated:
04/14/2009
UNIVERSITY PARK, LLC, A CAUFORNIA UMITED UABIUTY COMPANY
By: UNIVERSITY PARK MANAGEMENT, LLC, A CAUFORNIA UMITED
UABIUTY COMPANY, ITS MANAGER
r Qh~or()lc..
O,o.,,~e.
)SS
)
On - 9r\\ 1l\,;}.OO'\ . before me, 30-'(\\(L Wo..\\ . Notary
Public, personally appeared31A Y\'\. <, ""Q, IN c. \-$0<'\ .
. who proved to me on the basis of satisfactory evidence to
~ the person(.sj whose nameCs"XlSlare subscribed to the within instrument and acknowledged to me that
~tthey executed the same indJj$/tleritAeir authorized capacity~, and that by~tlerJtl,dl signatur~ on
the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
\.. '
J----:::----f
@ C40..=::....
$ ~ NllIc . CaIIfamIa
t Orange CounIy -
t _ _ _ ~~:..~~29.:2~f
Signature
(
n Expires: 1\\.l."Il.1.'cA ),'1 ,')..009
.
This area for official notarial seal
Notary Name: "3" C"", cL \..00.\1
Notary Registration Number: 1"::l'lg <.c1c,
Notary Phone: 5li>,J.-43o-(;so,?
County of Principal Place of Business: () r r, Y1 ~ ~
Page 2 of 2
2009-127
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within instrument to the City
of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council, and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
By:
PATRICK l. MORRIS, Mayor
Date:
2009-127
REQUESTED BY AND
WHEN RECoFiDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
APN: Por. of 0151-342-21
SPACE ABOVE FOR RECORDER'S USE
GRANT OF A REVOCABLE
TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN
BERNARDINO, a municipal corporation, hereby grants to UNIVERSITY PARK, LLC, a California Limited
Liability Company, a revocable temporary construction easement for the installation of park improvements and
appurtenant facilities, across the real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
THIS REVOCABLE EASEMENT SHALL TERMINATE UPON COMPLETION OF SAID PARK IMPROVEMENTS BY
GRANTEE AND ACCEPTANCE OF SAID IMPROVEMENTS BY GRANTOR, OR WHEN REVOKED BY GRANTOR.
CITY OF SAN BERNARDINO,
a municipal corporation
Dated:
By:
PATRICK J. MORRIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
)
) S.S.
)
On
before me,
Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the wilhin instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
EXHIBIT "3"
Signature
2009-127
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
THAT CERTAIN PORTION OF LOT R OF TRACT NO. 16509-7 FILED IN BOOK 331 PAGES 83
THROUGH 92, INCLUSIVE, OF MAPS RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT R; THENCE ALONG THE
NORTHWESTERLY LINE THEREOF SOUTH 68014'47" WEST 439.04 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE SOUTH 14004'11" EAST 59.18 FEET TO AN ANGLE POINT IN THE
SOUTHEASTERLY LINE OF SAID LOT R, SAID ANGLE POINT BEING THE SOUTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE IN SAID SOUTHEASTERLY LINE SHOWN AS HAVING A
BEARING OF NORTH 23014'47" EAST AND A DISTANCE OF 33.44 FEET ON THE MAP OF SAID
TRACT; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING COURSES;
NORTH 23014'47" EAST 33.44 FEET;
NORTH 68014'47" EAST 261.40 FEET;
SOUTH 21045'13" EAST 83.13 FEET;
NORTH 68014'47" EAST 33.51 FEET;
SOUTH 66022'11" EAST 57.83 FEET;
NORTH 21045'13" WEST 54.61 FEET;
NORTH 68014'47" EAST 87.78 FEET TO SOUTHWESTERLY SIDELINE OF NORTHPARK
BOULEVARD (60 FOOT HALF-WIDTH), AS SHOWN ON THE MAP OF SAID TRACT; THENCE ALONG
SAID SOUTHWESTERLY SIDELINE NORTH 21045'13" WEST 104.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING 28,807 SQUARE FEET (0.66 ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE PART
HEREOF.
SUBJECT TO COVENANTS CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
PREPARED BY OR UNDER TH DIRECTION OF:
DATE 1. - 2. 1 - d r
2009-127
TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT B
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2009-127
RECORDING REQUESTED BY
0lY CLERK
AND WHEN RECORDED MAIL DOCUMENT
AND TAX STATEMENT TO:
0lY HALL
300 North "D" Street
San Bernardino, CA 92418
Space Above This Line for Recorder's Use Only
A.P.N.: 0151-342-21-0-000
File No.: NCS- 388956-SA1 (gf)
GRANT DEED
The Undersigned Grantor(s) Dedare(s): DOCUMENTARY TRANSFER TAX $0; CITY TRANSFER TAX $0;
SURVEY MONUMENT FEE $0
[ ] computed on the consideration or full value of property conveyed, OR
[ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area; [ ] Oty of San Bernardino, and
[ X ] Exempt from transfer taxi Reason: COnveyance to a Governmental Agency
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
University Park, LLC, a California limited liability company
hereby GRANT(s) to The City of San Bernardino, a municipal corporation
the following described property in the City of San Bernardino, County of San Bernardino, 5tate
of California:
LETTER LOT R OF TRACT NO. 16509-7, IN THE CITY OF SAN BERNARDINO, STATE OF
CAUFORNIA, AS PER MAP RECORDED IN BOOK 331 PAGES 83 THROUGH 92, INCLUSIVE OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Mail Tax Statements To: SAME AS ABOVE
2009-127
Grant Deed - continued
Date: 04/14/2009
A.P.N.: 0151-342-21-0-000
File No.: NC5- 388956-SA1 (gf)
Dated:
04/14/2009
UNIVERSITY PARK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
By: UNIVERSITY PARK MANAGEMENT, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, ITS MANAGER
(, u. h+oc" ,,,,-
D, u,,~{<.
)SS
)
On . Qr\\ \l\.,).o(>q . before me, 30..'(\\(..<- \!\:)(A\\ . Notary
Public, personally appeared .3(;\,,,,.<., ".. \i\\c.-tso'"
. who proved to me on the basis of satisfactory evidence to
.Pe, the person(~ whose name~J@lare subscribed to the within instrument and acknowledged to me that
~ttAey executed the same indiiS/ller/tlleir authorized capacity~, and that by@iVlleF/H.d1 signaturefs? on
the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
(
'-.- .......'"
J~- :"==~-l
I ~ NoIaIy PuIlIIc . CaIIIclmIa
t___~~~~~
This area for official notarial seal
Notary Name: --;s c\ ,,-, <-€- \..00. ~
Notary Registration Number: \<0 <liS (, ~ '1
Notary Phone: SIo.:l.-43()-DS()?
County of Principal Place of Business: ()um ~ <!.
Page 2 of 2
2009-127
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within instrument to the City
of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City
Council, and grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
~'
By: \ r--"...'...'"-.......-'
P CK l. RRIS, M~
Date:
t;,- ~"5~-O '7
2009-127
REQUESTED BY AND
WHEN.RECOR~ED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, CA 92418
APN: Por. of 0151-342-21
SPACE ABOVE FOR RECORDER'S USE
GRANT OF A REVOCABLE
TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN
BERNARDINO, a municipal corporation, hereby grants to UNIVERSITY PARK, LLC, a California Limited
Liability Company, a revocable temporary construction easement for the installation of park improvements and
appurtenant facilities, across the real property in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
THIS REYOCABLE EASEMENT SHALL TERMINATE UPON COMPLETION OF SAID PARK IMPROVEMENTS BY
GRANTEE AND ACCEPTANCE OF SAID IMPROVEMENTS BY GRANTOR, OR WHEN REVOKED BY GRANTOR.
Dated:
b -3 -CJ r
CITY OF SAN BERNARDINO,
a municipal corporation
~
ATRICK J. ORRIS, Ma
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTYOF$~ J;r/Jdr~/Jt7
On :;J;;lle J, .2,1 CI '1 . before me,
personally appeared -:.s r
who proved to me on the asis of satisfactory evidence) to be the person( whose name(a1" isL subscribed to the within instrument and
acknowledged 10 me that he/s8t!1'tl>efOxecuted the same in his/her1lheirauthorized capacity(j.os1; and that by his(l>ef/I;l>e1f" signature(M on
the instrument the person0, or the entity on behalf of which personW acted, executed the instrument.
)
) S.s.
,~n.'
/' JJt/rhra/
/
Notary Public,
I certify under the PENALTY OF PERJURY under the laws of the State of Cali fomi a that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~d'$~"
t. VALERIE R. MONTOYAI
-a COMM. # 1808252 ;z
I NOTARY PUBLIC - CALIFOIlNIA~
_. SAN BERNARDINO COUNTY
I My ~. Expires Aug. 2, 2012 J
2009-127
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
THAT CERTAIN PORTION OF LOT R OF TRACT NO. 16509-7 FILED IN BOOK 331 PAGES 83
THROUGH 92, INCLUSIVE, OF MAPS RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT R; THENCE ALONG THE
NORTHWESTERLY LINE THEREOF SOUTH 68014'47" WEST 439.04 FEET; THENCE LEAVING SAID
NORTHWESTERLY LINE SOUTH 14004'11" EAST 59.18 FEET TO AN ANGLE POINT IN THE
SOUTHEASTERLY LINE OF SAID LOT R, SAID ANGLE POINT BEING THE SOUTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE IN SAID SOUTHEASTERLY LINE SHOWN AS HAVING A
BEARING OF NORTH 23014'47" EAST AND A DISTANCE OF 33.44 FEET ON THE MAP OF SAID
TRACT; THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING COURSES;
NORTH 23014'47" EAST 3344 FEET;
NORTH 68014'47" EAST 261.40 FEET;
SOUTH 21045'13" EAST 83.13 FEET;
NORTH 68014'47" EAST 33.51 FEET;
SOUTH 66022'11" EAST 57.83 FEET;
NORTH 21045'13" WEST 54.61 FEET;
NORTH 68014'47" EAST 87.78 FEET TO SOUTHWESTERLY SIDELINE OF NORTHPARK
BOULEVARD (60 FOOT HALF-WIDTH), AS SHOWN ON THE MAP OF SAID TRACT; THENCE ALONG
SAID SOUTHWESTERLY SIDELINE NORTH 21045'13" WEST 104.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING 28,807 SQUARE FEET (0.66 ACRES), MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE PART
HEREOF.
SUBJECT TO COVENANTS CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY.
PREPARED BY OR UNDER TH DIRECTION OF:
DATE 1. - 2. "1 - I:> r
2009-127
\ . ,
EXHIBIT B
TO ACCOMPANY LEGAL DESCRIPTION
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C&y~
TEMPORARY
CONSTRUCTION
EASEMENT
DATE:
2/27/09
. 'I1lCIINOI.OGY. SUllIl 154
CONSULTING, INC. ~~9lIiI8
CIVIL ENGINEERING F. Ml_
LAND PLANNING & SURVEYING WWWL"\'O-lNCNllf
SHEET
1
1
OF
