HomeMy WebLinkAbout2013-056 1 RESOLUTION NO. 2013-56
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED
3 TO LA PLACITA ON 2ND STREET, LLC FOR A STORM DRAIN EASEMENT AND
4 SLOPE EASEMENT WITHIN ASSESSOR'S PARCEL NUMBER 0138-263-03,
GENERALLY LOCATED EAST OF METROLINK WAY AND NORTH OF 2ND
5 STREET.
6 WHEREAS, American National Bank of San Bernardino granted an easement to the
7 City of San Bernardino and the City accepted this easement for the construction and
8
maintenance of a storm drain pipe per Resolution adopted on April 17, 1950, as filed in the
9
City Clerk's Office; and
10
11 WHEREAS, Santa Fe Land Improvement Company granted an easement to the City
12 of San Bernardino for the construction and maintenance of slopes to the southern approach to
13 the Mt. Vernon Avenue Viaduct (Viaduct Boulevard) per document recorded with the San
14 Bernardino County Recorder's Office on June 6, 1933, in Book 720, Page 306 of Official
15
Records.
16
17 WHEREAS, the City of San Bernardino has determined that this storm drain
18 easement and this slope easement are no longer needed for their intended purposes; and
19 WHEREAS, La Placita on 2nd Street, LLC, the owner of the property that these
20 easements are located within, has requested that these easements be quitclaimed since they are
21
no longer needed for their intended purposes.
22
23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
24 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
25
26 SECTION 1. The Mayor is hereby authorized and directed to execute a Quitclaim
27 Deed to La Placita on 2nd Street, LLC for those portions of said storm drain easement and said
28 III
1
2013-56
1 slope easement that are no longer needed for their acquired purposes within property known
2 as Assessor Parcel Number 0138-263-03, generally located east of Metrolink Way and north
3 of 2nd Street. A copy of said Quitclaim Deed is attached as Exhibit "1" and incorporated
4 herein.
5
///
6
///
7
8 ///
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
2013-56
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED
2 TO LA PLACITA ON 2ND STREET, LLC FOR A STORM DRAIN EASEMENT AND
SLOPE EASEMENT WITHIN ASSESSOR'S PARCEL NUMBER 0138-263-03,
3 GENERALLY LOCATED EAST OF METROLINK WAY AND NORTH OF 2ND
4 STREET.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a ioint regular meeting
7
thereof, held on the 18 tklay of March , 2013, by the following vote,to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS X
12
VALDIVIA x
13
14 SHORETT x
15 KELLEY x
16 JOHNSON x
17 MCCAMMACK
x
18
19 Georgea Hanna, Cit Clerk
21 The foregoing resolution is hereby approved this at ''S.-day of March , 2013.
22
23 "atric J. orris, • ••r
24 I f San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By: ��
28
3
EXHIBIT "A"
LEGAL DESCRIPTION OF STORM DRAIN
EASEMENT AND SLOPE EASEMENT
TO BE QUITCLAIMED
PARCEL A:
THAT CERTAIN STORM DRAIN EASEMENT DEDICATED TO THE CITY ON SAN BERNARDINO AND
ACCEPTED BY SAID CITY RESOLUTION ADOPTED ON APRIL 17, 1950, AS FILED IN THE CITY CLERK'S
OFFICE, LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 18471, AS PER PLAT RECORDED IN BOOK 228
OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID COUNTY; SAID STORM DRAIN
EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
AN EASEMENT AND RIGHT OF WAY, TEN (10) FEET IN WIDTH, BEING IN, THROUGH AND ACROSS A
PORTION OF LOT 11, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN
BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,
CALIFORNIA, BEING FIVE (5) FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE NORTH LINE OF SECOND STREET, SAID POINT BEING 116.17
FEET EAST OF THE CENTER LINE OF GIOVANOLA AVENUE, EXTENDED NORTH; THENCE
NORTHWESTERLY ALONG A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 45
FEET, A DISTANCE OF 16.36 FEET, TO A POINT 113.17 FEET EAST OF THE CENTER LINE OF
GIOVANOLA AVENUE, EXTENDED NORTH; THENCE NORTH ALONG A LINE AT RIGHT ANGLES TO
THE NORTH LINE OF SECOND STREET, 159.13 FEET; THENCE NORTHWESTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45 FEET, A DISTANCE OF
70.69 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF VIADUCT BOULEVARD.
PARCEL B:
THAT CERTAIN SLOPE EASEMENT DEDICATED TO THE CITY OF SAN BERNARDINO, AS PER DOCUMENT
RECORDED ON JUNE 6, 1933, IN BOOK 720, PAGE(S) 306 OF OFFICIAL RECORDS OF THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE, LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 18471, AS
PER PLAT RECORDED IN BOOK 228 OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID
COUNTY; SAID SLOPE EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
PORTIONS OF LOTS 10, 11, AND 12, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT
THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF
SAN BERNARDINO COUNTY, SAID PARCELS OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SECOND STREET, 60 FEET IN WIDTH, SAID
POINT BEING NORTH 89 DEGREES 55 MINUTES 20 SECONDS EAST 429.21 FEET ALONG SAID
NORTH LINE OF SECOND STREET FROM THE EAST LINE OF MT. VERNON AVENUE; THENCE
CONTINUING NORTH 89 DEGREES 55 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF
SECOND STREET 9.37 FEET; THENCE NORTH 0 DEGREES 4 MINUTES 40 SECONDS WEST 8.73
FEET; THENCE NORTH 38 DEGREES 19 MINUTES 50 SECONDS EAST 229.90 FEET; THENCE
NORTH 56 DEGREES 21 MINUTES 8 SECONDS EAST 212.34 FEET TO A POINT IN THE SOUTH
LINE OF AFORESAID THIRD STREET, AS CONVEYED TO THE CITY OF SAN BERNARDINO BY
DEED RECORDED IN BOOK 622 OF DEEDS, PAGE 157, RECORDS OF SAID COUNTY; THENCE
SOUTH 85 DEGREES 56 MINUTES 50 SECONDS WEST ALONG SAID SOUTH LINE OF THIRD
STREET 3.61FEET; THENCE SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 270.09 FEET, A DISTANCE OF 224.46 FEET; THENCE ON A
TANGENT TO SAID CURVE SOUTH 38 DEGREES 19 MINUTES 50 SECONDS WEST 231.42 FEET;
THENCE SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING
A RADIUS OF 14.23 FEET, A DISTANCE OF 31.89 FEET TO THE POINT OF BEGINNING.
RECORDING REQUESTED BY
EXHIBIT "1"
La Placita on 2"d Street, LLC
AND WHEN RECORDED MAIL DOCUMENT TO:
La Placita on 2"d Street, LLC
9550 Firestone Blvd#105
Downey, CA 90241-5560
APN: 0138-263-03
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to LA
PLACITA ON 2ND STREET, LLC, a California limited liability company, the following real property located in
the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"AND MADE A PART HEREOF
CITY OF SAN BERNARDINO,
DATE: by: EXHIBIT COPY
PATRICK J. MORRIS, Mayor
ATTEST:
GEORGEANN HANNA, City Clerk
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)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 on behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
Signature
2013-56
EXHIBIT "A"
LEGAL DESCRIPTION OF STORM DRAIN
EASEMENT AND SLOPE EASEMENT
TO BE QUITCLAIMED
PARCEL A:
THAT CERTAIN STORM DRAIN EASEMENT DEDICATED TO THE CITY ON SAN BERNARDINO AND
ACCEPTED BY SAID CITY RESOLUTION ADOPTED ON APRIL 17, 1950, AS FILED IN THE CITY CLERK'S
OFFICE, LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 18471, AS PER PLAT RECORDED IN BOOK 228
OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID COUNTY; SAID STORM DRAIN
EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
AN EASEMENT AND RIGHT OF WAY, TEN (10) FEET IN WIDTH, BEING IN, THROUGH AND ACROSS A
PORTION OF LOT 11, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN
BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY,
CALIFORNIA, BEING FIVE (5) FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT IN THE NORTH LINE OF SECOND STREET, SAID POINT BEING 116.17
FEET EAST OF THE CENTER LINE OF GIOVANOLA AVENUE, EXTENDED NORTH; THENCE
NORTHWESTERLY ALONG A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 45
FEET, A DISTANCE OF 16.36 FEET, TO A POINT 113.17 FEET EAST OF THE CENTER LINE OF
GIOVANOLA AVENUE, EXTENDED NORTH; THENCE NORTH ALONG A LINE AT RIGHT ANGLES TO
THE NORTH LINE OF SECOND STREET, 159.13 FEET; THENCE NORTHWESTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45 FEET, A DISTANCE OF
70.69 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF VIADUCT BOULEVARD.
PARCEL B:
THAT CERTAIN SLOPE EASEMENT DEDICATED TO THE CITY OF SAN BERNARDINO, AS PER DOCUMENT
RECORDED ON JUNE 6, 1933, IN BOOK 720, PAGE(S) 306 OF OFFICIAL RECORDS OF THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE, LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 18471, AS
PER PLAT RECORDED IN BOOK 228 OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID
COUNTY; SAID SLOPE EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS:
PORTIONS OF LOTS 10, 11, AND 12, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT
THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF
SAN BERNARDINO COUNTY, SAID PARCELS OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SECOND STREET, 60 FEET IN WIDTH, SAID
POINT BEING NORTH 89 DEGREES 55 MINUTES 20 SECONDS EAST 429.21 FEET ALONG SAID
NORTH LINE OF SECOND STREET FROM THE EAST LINE OF MT. VERNON AVENUE; THENCE
CONTINUING NORTH 89 DEGREES 55 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF
SECOND STREET 9.37 FEET; THENCE NORTH 0 DEGREES 4 MINUTES 40 SECONDS WEST 8.73
FEET; THENCE NORTH 38 DEGREES 19 MINUTES 50 SECONDS EAST 229.90 FEET; THENCE
NORTH 56 DEGREES 21 MINUTES 8 SECONDS EAST 212.34 FEET TO A POINT IN THE SOUTH
LINE OF AFORESAID THIRD STREET, AS CONVEYED TO THE CITY OF SAN BERNARDINO BY
DEED RECORDED IN BOOK 622 OF DEEDS, PAGE 157, RECORDS OF SAID COUNTY; THENCE
SOUTH 85 DEGREES 56 MINUTES 50 SECONDS WEST ALONG SAID SOUTH LINE OF THIRD
STREET 3.61 FEET; THENCE SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 270.09 FEET, A DISTANCE OF 224.46 FEET; THENCE ON A
TANGENT TO SAID CURVE SOUTH 38 DEGREES 19 MINUTES 50 SECONDS WEST 231.42 FEET;
THENCE SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING
A RADIUS OF 14.23 FEET, A DISTANCE OF 31.89 FEET TO THE POINT OF BEGINNING.
2013-56
RECORDING REQUESTED BY
La Placita on 2nd Street, LLC
AND WHEN RECORDED MAIL DOCUMENT TO
La Placita on 2nd Street, LLC
9550 Firestone Blvd#105
Downey, CA 90241-5560
APN: 0138-263-03
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to LA
PLACITA ON 2ND STREET, LLC, a California limited liability company, the following real property located in
the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"AND MADE A PART HEREOF
CITY OF SAN BERNARDINO,
b
2//,3 ;a
DATE 3: / b71111111111,• L
P TRICK J. ORRIS,
ATTES : ,x/k-'
GEORGE/ HA City Clerk
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF �j, 1//407;44 0 0 } S.S.
On g/1i% J/i • 0/3 -- before me, g/et.i G /a• / ?,,i D N ,Notary
Public,personally appeared P9//1-A1 s
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/theq executed the same in his/Whew—authorized capacity(i ,and that by his/her/their signatures)-on the
instrument the personCeor the entity on behalf of which the person(se acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
VALERIE A.MONTOYA
c:=�� � Commie:ion* 1965357
Notery Public-CeHorn
fie
j San Bernardino County
Signature Comm.Ex tee Au 2 2016