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HomeMy WebLinkAbout11-Development Services i ORIGINAL CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing and directing the execution of a Quitclaim Deed Dept: Development Services to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Date: March 29, 2010 Parkway and Georgia Boulevard, and an adjacent storm drain easement, and accepting an easement for emergency vehicle access. File No. 15.02-1532 MCC Date: May 3, 2010 Synopsis of Previous Council Action: 04/16/2007—Resolution No. 2007-130 was adopted, approving the vacation of Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, and reserving certain temporary easements therein. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact person: Laszlo "Les"Fogassy Phone: 5026 Staff Report, Maps, Reso. Quitclaim Deed, Emergency 5 Supporting data attached: Vehicle Access Easement Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description)N/A Finance: Council Notes: Agenda Item No. 5-3-Zolo CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing and directing the execution of a Quitclaim Deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, and an adjacent storm drain easement, and accepting an easement for emergency vehicle access. BACKGROUND: On April 16, 2007, Resolution No. 2007-130 was adopted, vacating Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, relative to the development of a Lowe's store at this location. A temporary easement was reserved to the City for a storm drain and waterline. Subsequently, Lowe's granted to the City a non-exclusive emergency vehicle access easement across portions of vacated Gannett Parkway, as required by the Fire Department. A new street to replace Gannett Parkway, known as Sun Way and located immediately northwest of the Lowe's store, was constructed by Lowe's and dedicated to the City. The storm drain and waterline have been relocated and the temporary easement is no longer needed. Lowe's has sold the property to Camden Holdings, LLC subject to a lease back to Lowe's. Prior to the transfer of the property, Lowe's had requested, through Adams Engineering, the elimination of all temporary easements reserved in the vacation resolution. Additionally, there is also a storm drain easement that was granted to the City previously on the Parcel Map on this site. Since the storm drain has been realigned, the quitclaim of this easement was also requested by Lowe's. This easement is immediately adjacent to vacated Gannett Parkway, as shown on the attached plat map. Staff has determined that the most efficient way to eliminate the temporary easements would be to quitclaim all of Gannett Parkway, together with the adjacent storm drain easement referenced above, to the current property owner (Camden Holdings, LLC), and record only the easements that are needed for present facilities and improvements. The easements will also include a re- dedication of the emergency vehicle access easement, since it is within vacated Gannett Parkway and will be included in the Quitclaim Deed. The alternative to the quitclaim of the entire vacated area would be to do separate quitclaim deeds for each of the various and separate easements. The attached resolution authorizes and directs the execution of a Quitclaim Deed to Camden Holdings, LLC. Camden Holdings has executed new easements to the City for the realigned storm drain, emergency vehicle access and an easement and right of way for sidewalk ramps and traffic signal facilities along Hallmark Parkway. Although the City Clerk has the authority to accept easements on behalf of the City, the Emergency Vehicle Access Easement is being granted with conditions, which require Mayor and Common Council approval. The other easements will be accepted by the City Clerk upon approval of this item. 1 I Staff Report—Continuer! FINANCIAL IMPACT: None. The applicant paid the filing/processing fee. RECOMMENDATION: Adopt Resolution. Attachments: -Vicinity Map -Map depicting area to be Quitclaimed -Map depicting Emergency vehicle Access Easment -Resolution Proposed quitclaim of vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard, and adjacent storm drain easement. a M�� h CAL-STATE UNIVERSITY s �.•^^ No Scale s �P�O'op 40th St. 330 D > 0 Marshall Blvd. � I v — 21 0 ss 3 a Highland Ave. ° `v Base Line St. .n ° v 9th St a c 5th SL � `v Rialto Ave. > a Mill St. t5 0 c 0 u 210 n Orange Show Rd. ° 0 VICINITY MAP CITY OF SAN BERNARDINO Proposed quitclaim ofvacated Gannett DEVELOPMENT SERVICES DEPARTMENT Parkway,between Hallmark Parkway and REAL PROPERTY SECTION Georgia Boulevard and adjacent storm drain easement. ® indicates un—incorporated areas within City's Sphere of Influence (Rev.Feb. 2010) Created by: Laszlo F0g0s5y I Date: 03-2�-io AMoaimw Deoie =o[Odlddm o(Ommu Fad�w.r i s P.oa MMXAM P41MV4Y _ t I Rlar-"F,fir I'M P.AV. AV.. 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JO' !!11 q h LF4ER(>�NL4 VEffiLLg ACCE$( �acEneuf L/A� TABLE NO aWM ZW r L 1 Ssl 04'O11I V.00' cl L7 SS9;55'NE 74 W' Ion �`L9(RI LJ S51 cv'wsr 1a! Is' �� v PCL. 37 L4 S-U'0,525 N e 75' I ^�i LLA NO. 07-04 Ls srrlazur 75 51' Q �� DOC. 2008-0025745 LS &&'U'XII I!.00' IR,ig 0.R. L7 N770l'17E 6U M' LB i1K1 I a F lIU /8' I �] C9 SI9'H'IJ E' L70 N/9'/4'If'I --- C:WW TABLE Afo PCL. 37 18 [i RAbw AtZTA I ARC ZEW)N CI S0.CY7' IO IB'17' 94J' LLA NO. 07-04 I C I cp 2as ro' IOVe'17• W A2, DOC. 2008-0025745 �4I cJ Iv 4o' 10.48'17• JI IO' O.R. I 3 u ci 74.a7' 10.48'17' if a5' I4��1 micheel D. Lavin m Exp. 6-30-09 �. No. 6896 �? GEORGIA BOULEVARD 1 RESOLUTION NO. O pY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO CAMDEN HOLDINGS, LLC, FOR VACATED GANNETT PARKWAY, BETWEEN HALLMARK PARKWAY 4 AND GEORGIA BOULEVARD AND AN ADJACENT STORM DRAIN EASEMENT AND AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FOR EMERGENCY 5 VEHICLE ACCESS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of the City, a Quitclaim Deed to Camden Holdings,LLC, a copy of 10 which is attached hereto as Exhibit "1" and made a part hereof, for vacated Gannett Parkway, 12 between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement, more 13 fully described and depicted in said Quitclaim Deed. 14 SECTION 2. That the City Clerk is hereby authorized and directed to accept on behalf of 15 the City, an easement for emergency vehicle access, attached hereto as Exhibit ° 2" and made a 16 17` part hereof. 18 SECTION 3. That the City Clerk shall file,or cause to be filed,said Quitclaim Deed and 19 said easement with the County Recorder of San Bernardino County. 20 21 22 23 24 25 26 27 28 1 17itl/ /3/v RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A QUITCLAIM DEED TO CAMDEN HOLDINGS,LLC, FOR VACATED GANNETT j PARKWAY,BETWEEN HALLMARK PARKWAY AND GEORGIA BOULEVARD AND AN ADJACENT STORM DRAIN EASEMENT AND AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FOR �+ 2 EMERGENCY VEHICLE ACCESS. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof 5 2010,b the following vote,to wit: held on the day of Y g 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ 9 DESJARDINS 10 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 12009. 20 21 22 PATRICK J. MORRIS,Mayor City of San Bernardino 23 24 Approved as to form: 25 ES F. PENMAN, City Attorney 26 27 28 2 Requested by and when recorded return to and mail tax statements to: An Miller Camden Holdings LLC 9454 Wilshire Boulevard, Suite 650 Beverly Hills, CA 90212 APN: 0266-363-60-0000 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN BERNARDiNO, a municipal corporation ("City"}, does lic�c.,y ereby RENNSE RELEASE AND FOREVER QUITCLAIM to CAMDEN HOLDINGS, LLC, a California limited liability company, any and all easements granted to the City within the portion of the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND ILLUSTRATED ON EXHIBIT"B" AND MADE A PART HEREOF CITY OF SAN BERNARDINO Date: By: PATRICK J. MORRIS, Mayor EXHIBIT "I" State of ) County of ) On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 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 upon behalf of which the person(s) 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 (Seal) 2 EXHIBIT `A' LEGAL DESCRIPTION PARCELI THAT PORTION OF GANNETT PARKWAY LYING SOUTHWESTERLY OF HALLMARK PARKWAY, DELINEATED AS CAMPEAU DRIVE ON PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, TOGETHER WITH THAT GRANT OF EASEMENT RECORDED OCTOBER 11, 2007 AS DOCUMENT NO. 2007-0574078, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT `B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF—WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY(30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY, SOUTH 38°55'44"EAST,A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51°04'16^ WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY, SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL 2 OF PARCEL MAP NO. 13970, AS PER PLAT RECORDED IN BOOK 166 OF PARCEL MAPS, PACES 8 THROUGH 9, RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 25.00 FEET AND BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'12",AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID GANNETT PARKWAY; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 51°04'04" WEST, A DISTANCE OF 305.12 FEET; a THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 37°12'03" WEST, A DISTANCE OF 75.51 FEET ALONG THE PORTION OF LAND GRANTED IN SAID GRANT OF EASEMENT RECORDED OCTOBER 11, 2007 AS DOCUMENT NO. 2007- 0574078, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; THENCE SOUTH 51004'04" WEST, A DISTANCE OF 77.52 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT OF WAY LINE OF GANNETT PARKWAY, SAID POINT LYING ON A NON—TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 90.00 FEET,A RADIAL TO SAID POINT BEARS SOUTH 68 044'04"EAST; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29 048'33", AN ARC DISTANCE OF 46.82 FEET TO ITS INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL 37 OF SAID PARCEL MAP 5902; THENCE, NORTHWESTERLY ALONG SAID PROLONGATION, NORTH 38°55'30" WEST, A DISTANCE OF 125.00 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF SAID PARCEL 37, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY,HAVING A RADIUS OF 35.00 FEET; THENCE, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'26",AN ARC DISTANCE OF 54.98 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY AND THE SOUTHEASTERLY LINE OF SAID PARCEL 37; THENCE, NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF GANNETT PARKWAY AND SAID SOUTHEASTERLY LINE OF PARCEL 37, NORTH 51°04'04" EAST, A DISTANCE OF 465.72 FEET TO A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID C`L RVB, THROUGH A CENTRAL ANGLE OF 89059'48", AN ARC DISTANCE OF 39.27 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF HALLMARK PARKWAY; THENCE, ALONG THE SOUTHEASTERLY PROLONGATION OF SAID SOUTH- WESTERLY LINE, SOUTH 38°55'44" EAST, A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 33,522 SQUARE FEET OR 0.7696 ACRE OF LAND,MORE OR LESS. PARCEL2 THAT PORTION OF PARCEL 37 OF PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF A CERTAIN DRAINAGE EASEMENT DEDICATED PER SAID PARCEL MAP NO, 5902, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY(30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY,SOUTH 38 055'44"EAST,A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51 004'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, NORTH 38 055'44"WEST, A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, [ BEING THE MOST NORTHERLY ENDPOINT OF A TANGENT CURVE FOR GANNETT PARKWAY; THENCE, CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 38 055'44" WEST,A DISTANCE OF 5.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 26°17'45" WEST, A DISTANCE OF 71.59 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY; THENCE, NORTH 51°04'04" EAST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°59'48", AN ARC DISTANCE OF 39.27 TO THE TRUE POINT OF BEGINNING, CONTAINING 841 SQUARE FEET OR 0.0193 ACRE OF LAND,MORE OR LESS. O �J 1 EXHUHrV Ampmaimme DmWm of QWidmim of Gwmo Pad�wa9 i s ROC Hett.yearr PARX1►AY _ t1 R�OA-O�R!r RF F.Y. AO. 5" o TP.OB L7 ,azv 04/4V/1981 hVbW S+, FARXZ 1 s3Sx5!!2 TP.OH FAQS RY31 o.R. _LI IIQw' PAArM I PARCEL 2 /-15 07' G v de9007'7Z" L=X,27' r � LAF TARE NO AX-R YC LYST I L/ .SS955'44f S5 Q7' �I L7 1 O!'75%/R 40.07' LJ Alf10F'0 T 4007' L! ALW55'4I1 5.X, L5 ST 17,0,ff 71.5.9 160 PCL. 37 LLA NO. 07-04 PCL. 37 d�I I DOC. 2008-0025745 P.M. NO. 5902 d � $ O.R. BOOK 64, PAGES 30-32, 0.R. 5377.?WV G7AP{£ Wri— 7551' NO Rvw1M X1 TA ARC LOVC7N J0' J0' of 1507' 99'S9'i9" 39.17' S5104P4W 7751' ROSS A7• .sc5_a'04 E/R� 1AND L=54.AS' R=A7.Ct7' V L 4=19IB:S3" Michael D. Levin Exp. 6-30-09 NJ8SSJO'11' # ,15 R7 / No. 6696 F GEORGIA BOULEVARD ql 0 F cauF Requested by and (� when recorded mail to: �I CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 A P N: 0266-363-60-0000 FEE EXEMPT PURSUANT TO SPACE ABOVE FOR RECORDER'S USE GOV. CODE SECTION 27383 EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAMDEN HOLDINGS, LLC, a California limited liability company, hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation, a non-exclusive easement for EMERGENCY VEHICLE ACCESS in, over and across the real property of Grantor located in the City of San Bernardino, County of San Bernardino, State of California, more specifically described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND PLAT ATTACHED HERETO AS EXHIBIT"B" AND CONDITIONS OF EASEMENT ATTACHED HERETO AS EXHIBIT"C" ALL MADE A PART HEREOF Date: I `�CcL kcA ' D l J GRANTOR: CAMDEN HOLDINGS, LLC, a California limited lia I y com ny By: P Title: �� Location: For. vacated Gannett Pkwy, sly of Hallmark Pkwy. File No.: 15.02-1532 EXHIBIT "2" 4 i . This is to certify that the interest in the 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: City Clerk i { Date: i i State of CJiu0 OA-t�A ) County of V On 3 1 V ,ZO to before me, WAIe V R (here insert �✓ name a d titid of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(o whose name(--) is/are subscribed to the within instrument and acknowledged to me that he/sue4h" executed the same in his/14eNtFiefFauthorized capacity(+ea), and that by his/.`e%*he signature('* on the instrument the person('}, or the entity upon behalf of which the persoAj* 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 (Seal) HE I IJ LA wTQ NOUR PUP LIC CALIFORNIA m C 6V.11 SI Dl e 1744171 c LOS ANGELE!3 COUNTY ..«.,. .4 ^anm.E.P. ,s;0.. 2011 Q EXHIBIT `A' LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT i I A PORTION OF GANNETT PARKWAY (FORMERLY CAMPEAU DRIVE) VACATED PER RESOLUTION NO. 2(X)7-130 RECORDED OCTOBER 4, 2007 AS DOCUMENT NO. 2007-0505011 AND A PORTION OF PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-(X)25745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHWESTERLY ALONG THE CENTERLINE OF SAID GANNETT PARKWAY, SOUTH 51 004'04" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY AND BEING THE TRUE © POINT OF BEGINNING; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH 38 055'44" EAST, A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 51 004'04" WEST, A DISTANCE OF 103.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°48' 17 AN ARC LENGTH OF 9.43 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49044'13" EAST, HAVING A RADIUS OF 206.40 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL .ANGLE OF 10°48' I7. AN ARC LENGTH OF 38.92 FEET; THENCE. SOUTH 51°04'04"WEST. .A DISTANCE OF 174.40 FEET; THENCE. SOUTH 33°05'26" WEST. A DISTANCE OF 4.73 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GANNETT PARKWAY; THENCE, SOUTH 37"12'03" WEST. A DISTANCE OF 75.51 FEET: © rHENCE, SOUTH 51 004'04" WEST, A DISTANCE OF 122.26 FEET TO THE NORTHEASTERLY LINE OF GEORGIA BOULEVARD, AS IT CURRENTLY EXISTS; THENCE, ALONG SAID NORTHEASTERLY LINE, NORTH 38"55'30" WEST, A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID NORTHEASTERLY LINE, NORTH 51°25'18" EAST, A DISTANCE OF 116.02 FEET; THENCE, NORTH 37°01'47" EAST, A DISTANCE OF 8356 FEET; 'THENCE, NORTH 51 004'04" EAST, A DISTANCE OF 177.36 FEET TO THE BEGINNING OF A CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 182.30 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"48'17, AN ARC LENGTH OF 34.40 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49 044'13" EAST, HAVING A RADIUS OF 14.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 048'17", AN ARC LENGTH OF 13.95 FEET TO A POINT ON THE CENTERLINE OF SAID GANNETT PARKWAY; O THENCE, ALONG SAID CENTERLINE, NORTH 51°04'04" EAST, A DISTANCE OF 103.18 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.2531 ACRE OR 11,026 SQUARE FEET OF LAND, MORE OR LESS. `4-4, , EXEM3rr V Apoca K mate DgAcdm of Emmzmcy A== Eammmt s P.O.0 NAI.LMAM PARKWAY Rl4Wl-ar MAY P&P Y. Av. 5-;w $ PA8 L 1 U ArM 041ZPII I JN a m 84, PAaS X-M, 0.R. LW TA" I V NO AUfi B MSTA4iX U S5J 01'017 /0.00' CI I GY LZ S 55'N F 11,IV' IOC L_9/Rf LJ S510F'e17 1aT.15' PCL. 37 L4 STT057B7 +.7J' I ^� LLA NO. 07-04 L5 S37'11 0J'M 75.51• DOC. 2008-0025745 L8 A49'55'T07 N.00' I O.R. L7 A07-01 '47T BT.56' ga g LB A67 100101"F IOJ 18' L9 SI9'44f'IS7- --- L 10 MY'44 '7J7 CUFW ARE PCL. 37 I ^I L1 NO RAays LEM ARCLEN61N LLA NO. 07-04 I� c1 So.V, 10.18'17' 892, DOC. 2008-0025745 a x9 1°. 10.18'17' W 40' 'Cg c5 1B11o' 1o•1e'n• J11o• O.R. � I a c* 71.Lb' 1014B'17' 1395' s �Q �AND Michael D. Levin a Exp. 6-30-09 JNo. 6896 0 CALIF GEORGIA BOULEVARD LB / 0 BO I60 EXHIBIT C Conditions of Easement Grant I This Easement is granted subject to the following condition: i Grantor reserves the right to relocate the access drives on the Grantor Property from time to time within the Grantor Property as long as the relocated access drives continue to provide Grantee unobstructed access for Grantee's emergency vehicles to and from Hallmark Parkway and Georgia Boulevard, outside the loading zones on the Grantor Property. The relocation of the access drives by Grantor shall be subject to the reasonable approval of Grantee. �.r Requested by and when recorded return to and mail tax statements to: An Miller Camden Holdings LLC 9454 Wilshire Boulevard, Suite 650 Beverly Hills, CA 90212 AP N: 0266-363-60-0000 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF . ��na "� Aces h b., REMISE, RE! pACM ,AKIM JHIV BEY(NnKUUY D, a rnunlcipal corporat�cn % .,,,y �, co �ereuy _r..:. , FOREVER QUITCLAIM to CAMDEN HOLDINGS, LLC, a California limited liability company, any and all easements granted to the City within the portion of the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND ILLUSTRATED ON EXHIBIT"B" AND MADE A PART HEREOF CITY OF SAN BERNARDINO Date: By: PATRICK J. MORRIS, Mayor State of ) County of ) On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 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), orthe entity upon behalf of which the person(s) 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 (Seal) 2 .. EXHIBIT `A' LEGAL DESCRIPTION PARCELI THAT PORTION OF GANNETT PARKWAY LYING SOUTHWESTERLY OF HALLMARK PARKWAY, DELINEATED AS CAMPEAU DRIVE ON PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, TOGETHER WITH THAT GRANT OF EASEMENT RECORDED OCTOBER 11, 2007 AS DOCUMENT NO. 2007-0574078, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT `B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY(30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY,SOUTH 38 055'44"EAST,A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51°04'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY, SAID POINT ALSO BEING ON THE NORTH LINE OF PARCEL 2 OF PARCEL MAP NO. 13970, AS PER PLAT RECORDED IN BOOK 166 OF PARCEL MAPS, PAGES 8 THROUGH 9, RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 25.00 FEET AND BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90-00-12", AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF SAID GANNETT PARKWAY; THENCE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 51°04'04" WEST, A DISTANCE OF 305.12 FEET; THENCE, LEAVING SAID SOUTHEASTERLY LINE, SOUTH 37°12'03" WEST, A DISTANCE OF 75.51 FEET ALONG THE PORTION OF LAND GRANTED IN SAID GRANT OF EASEMENT RECORDED OCTOBER 11, 2007 AS DOCUMENT NO. 2007- 0574078,OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; THENCE SOUTH 51004'04" WEST, A DISTANCE OF 77.52 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT OF WAY LINE OF GANNETT PARKWAY, SAID POINT LYING ON A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 90.00 FEET,A RADIAL TO SAID POINT BEARS SOUTH 68 °44'04"EAST; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE t^ OF 29 048'33", AN ARC DISTANCE OF 46.82 FEET TO ITS INTERSECTION WITH THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF PARCEL 37 OF SAID PARCEL MAP 5902; THENCE, NORTHWESTERLY ALONG SAID PROLONGATION, NORTH 38°55'30" WEST, A DISTANCE OF 125.00 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF SAID PARCEL 37, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY,HAVING A RADIUS OF 35.00 FEET; THENCE, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'26",AN ARC DISTANCE OF 54.98 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY AND THE SOUTHEASTERLY LINE OF SAID PARCEL 37; THENCE, NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF GANNETT PARKWAY AND SAID SOUTHEASTERLY LINE OF PARCEL 37, NORTH 51°04'04" EAST, A DISTANCE OF 465.72 FEET TO A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE,r, THROUGH A CENTRAL A14GLE OF 89°59'48", AN ARC DISTANCE OF 39.27 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF HALLMARK PARKWAY; THENCE, ALONG THE SOUTHEASTERLY PROLONGATION OF SAID SOUTH- WESTERLY LINE, SOUTH 38°55'44" EAST, A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 33,522 SQUARE FEET OR 0.7696 ACRE OF LAND,MORE OR LESS. PARCEL2 THAT PORTION OF PARCEL 37 OF PARCEL MAP NO. 5902 RECORDED IN BOOK 64, PAGES 30 THROUGH 32, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING ALL OF A CERTAIN DRAINAGE EASEMENT DEDICATED PER SAID PARCEL MAP NO. 5902, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER SAID PARCEL MAP NO. 5902) AND GANNETT PARKWAY(30-FOOT HALF-WIDTH); THENCE, SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HALLMARK PARKWAY,SOUTH 38 055'44"EAST,A DISTANCE OF 55.00 FEET; THENCE, LEAVING SAID CENTERLINE, SOUTH 51 004'16" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, NORTH C38 055'44"WEST,A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, { BEING THE MOST NORTHERLY ENDPOINT OF A TANGENT CURVE FOR GANNETT PARKWAY; THENCE, CONTINUING ALONG SAID SOUTHWESTERLY LINE, NORTH 38°55'44" WEST,A DISTANCE OF 5.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 26°17'45" WEST, A DISTANCE OF 71.59 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID GANNETT PARKWAY; THENCE, NORTH 51°04'04" EAST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 40.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89°59'48", AN ARC DISTANCE OF 39.27 TO THE TRUE POINT OF BEGINNING, CONTAINING 841 SQUARE FEET OR 0.0193 ACRE OF LAND,MORE OR LESS. i i maulu I s Rork X M ve K PARK IA'Y R/GM-O-RIYf vp..4. AO. -,R;w o TP.OB. Lz ArW a/0911MI INaW s� a,�2 sl655w2- TP.08 mas.m-sl O.R. 11000' ph m I PARCEL 2 R=25 617'G �+ d=90W'11' ZaW.27' i Lff LADE NO B£A W Wr L 1 SZ9 5544£ SS A7' ZI ��- L7 40.R7' d LJ MSI'04'0/f 40 00, L4 A(.t4'5'44If 500' N�I Ls s26.17.45:f 7159' d 0 9d 160 � a PCL. 37 LLA NO. 07-04 PCL. 37 a1 I DOC. 2008-0025745 P.M. NO. 5902 O.R. BOOK 64, g� PAGES 30-32, O.R. S7772111'91 LLRI£ TAME 7ssY hf0 RAAW A2TA ARC LDW7N JO' JO cl zs.m' av m'4R' r9.v' s51W 7752' R=J5 Q7, .SYF9_H'0!E[R1 � SAND — C=54. 4=29%B:S3' v Michael D. Levin L X6.92' Exp. 6-30-09 NIR35:70'll' # _ _ J No. 6896 p GEORGIA BOULEVARD Requested by and [ when recorded mail to: �r CITY CLERK CITY HALL 300 North "D" Street San Bernardino, CA 92418 APN: 0266-363-60-0000 FEE EXEMPT PURSUANT TO SPACE ABOVE FOR RECORDER'S USE GOV. CODE SECTION 27383 EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAMDEN HOLDINGS, LLC, a California limited liability company, hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation, a non-exclusive easement for EMERGENCY VEHICLE ACCESS in, over and across the real property of Grantor located in the City of San Bernardino, County of San Bemardino, State of California, more specifically described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND PLAT ATTACHED HERETO AS EXHIBIT"B" AND CONDITIONS OF EASEMENT ATTACHED HERETO AS EXHIBIT"C" ALL MADE A PART HEREOF iDate: "\'rC_L GRANTOR: CAMDEN HOLDINGS, LLC, a California limited lia I y com ny By: Nam Title: Location: For. vacated Gannett Pkwy, sly of Hallmark Pkwy. File No.: 15.02-1532 This is to certify that the interest in the 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: City Clerk Date: I� State ofC�if�FOt— ?��11� ) County of L� ) Q �q © On I� ZQ l0 before me, Uc'tvtl cJ' ��[ IiQ (here insert name a d titl of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(a) whose name(b) is/are subscribed to the within instrument and acknowledged to me that he/sheAhep executed the same in his/k�authorized capacity(*, and that by his/4&F414eir-signature(e� on the instrument the person*, or the entity upon behalf of which the persoA(* 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 p (Seal) BENNY LAKATOS NOTARY PUBLIC-CALIFORNIA m COMMISSION#1744171 'c LOS ANGELES COUNTY t ^._x My Comm.Exp,May B,2011 C h. . ® EXHIBIT `A' LEGAL DESCRIPTION EMERGENCY ACCESS EASEMENT A PORTION OF GANNETT PARKWAY (FORMERLY CAMPEAU DRIVE) VACATED PER RESOLUTION NO. 2007-130 RECORDED OCTOBER 4, 2007 AS DOCUMENT NO. 2007-0565611 AND A PORTION OF PARCEL 37 OF LOT LINE ADJUSTMENT NO. 07-04 RECORDED JANUARY 18, 2008 AS DOCUMENT NO. 2008-0025745, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: COMMENCING AT THE CENTERLINE INTERSECTION OF HALLMARK PARKWAY (40-FOOT HALF-WIDTH PER PARCEL MAP NO. 5902 RECORDED APRIL 9, 1981 IN BOOK 64, PAGES 30 THROUGH 32, INCLUSIVE, OF PARCEL MAPS) AND GANNETT PARKWAY (30-FOOT HALF-WIDTH); THENCE, SOUTHWESTERLY ALONG THE CENTERLINE OF SAID GANNETT PARKWAY, SOUTH 51°04'04" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID HALLMARK PARKWAY AND BEING THE TRUE ® POINT OF BEGINNING; THENCE, ALONG SAID SOUTHWESTERLY LINE, SOUTH 38°55'44" EAST. A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE, SOUTH 51"04'04" WEST, A DISTANCE OF 103.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF IW48'17", AN ARC LENGTH OF 9.43 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49044'13" EAST, HAVING A RADIUS OF 206.40 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL .ANGLE OF IW48' I7, AN ARC LENGTH OF 38.92 FEET; THENCE. SOUTH 51°04'04" WEST- A DISTANCE OF 174.40 FEET; THENCE, SOUTH 33°05'26" WEST, A DISTANCE OF 4.73 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID GANNETT PARKWAY; THENCE, SOUTH 37 012'03" WEST, A DISTANCE OF 75.51 FEET; THENCE, SOUTH 51 004'04" WEST, A DISTANCE OF 122.26 FEET TO THE NORTHEASTERLY LINE OF GEORGIA BOULEVARD, AS IT CURRENTLY EXISTS; THENCE, ALONG SAID NORTHEASTERLY LINE, NORTH 38°55'30" WEST, A DISTANCE OF 24.00 FEET; THENCE, LEAVING SAID NORTHEASTERLY LINE, NORTH 51°25'18- EAST, A DISTANCE OF 116.02 FEET; THENCE, NORTH 37°01'47" EAST, A DISTANCE OF 83.56 FEET; THENCE, NORTH 51 004'04" EAST, A DISTANCE OF 177.36 FEET TO THE BEGINNING OF A CURVE,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 182.40 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"48'17'% AN ARC LENGTH OF 34.40 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 49 044'13" EAST, HAVING A RADIUS OF 74.00 FEET; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°48'17, AN ARC LENGTH OF 13.95 FEET TO APOINT ON THE CENTERLINE OF SAID GANNETT PARKWAY; Q THENCE, ALONG SAID CENTERLINE, NORTH 51 004'04" EAST, A DISTANCE OF 103.18 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.2531 ACRE OR 11,026 SQUARE FEET OF LAND, MORE OR LESS, .r: O EXHIBrr V Approve Depiction of EMMUWCY Am=So®aoe 8 P.O.C. HAI./,AIA1K pARK11AY R1017-0�AAY,-E P P..Y. AO, 5901 S L 1 L2 ART N16YI1981 IN 6w 64, P09 PAffS A7 J2 O.R. � JO LM M&E I V NO 6tAR/NC GIISavar 11 S51 P4'04;r 4O.07' . 42 5 ;557lE 14.037' iar 15'LJ S51 10f a r I �`L9jR) C2 PCL. 37 L4 SZ7'0 '2610 4.7J' I �� LLA NO. 07-04 L5 S77'11'W'r 75.51• DOC. 2008-0025745 L6 MW:S5,V*# 14F Lb' I O.R. L7 AL77'01'47 E 87.56' mi LB M101w 1016• I �g C9 S49'44'IJE �q o � CLAPVF TABLE' PCL 37 �I L4 NO RAO/US MZTA ARC LE7V67JN C1 50.Lb' 1076'17' 9.4J' LLA NO. 07-04 �. cz X7.40• 1076'17' .x491' DOC. 2008-0025745 Rig cJ 161.4o 1076.17' J4.4o' O.R. I vI u C4 74.G17' 10'46'17- IJ.95' a I4�1 IANp 3 �> F. K'i a v Alichael D. Levin 1 Exp. 6-30-09 No. 6896 �Q — — — �— 9lFOF CA\F " GEORGIA BOULEVARD 4-6-M 0 BO 160 EXHIBIT C Conditions of Easement Grant This Easement is granted subject to the following condition: Grantor reserves the right to relocate the access drives on the Grantor Property from time to time within the Grantor Property as long as the relocated access drives continue to provide Grantee unobstructed access for Grantee's emergency vehicles to and from Hallmark Parkway and Georgia Boulevard, outside the loading zones on the Grantor Property. The relocation of the access drives by Grantor shall be subject to the reasonable approval of Grantee.