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HomeMy WebLinkAbout09.l- Public Works RESOLUTION (ID#2272) DOC ID: 2272 B Q CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Easement From: Robert Eisenbeisz M/CC Meeting Date: 03/18/2013 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Quitclaim Deed to La Placita on 2Nd Street, LLC for a Storm Drain Easement and Slope Easement Within Assessor's Parcel Number 0138-263-03, Generally Located East of Metrolink Way and North of 2Nd Street. Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: On January 7, 2013, the City received a request from Carlos Losada, on behalf of the property owner, La Placita on 2nd Street, LLC, to have the storm drain and slope easements located within their property quitclaimed back to the owner. The easements are located within their property generally located east of Metrolink Way and north of 2nd Street. The owner is trying to develop the parcel,but is unable to because of these easements that are no longer needed for their acquired purposes and are located within an area proposed for a new building. Both easements were dedicated to the City by separate document, and the City does not own any part of the land in fee. The slope easement was granted to the City on June 6, 1933, for the purpose of the construction and maintenance of the slopes relative to the previous alignment of Viaduct Boulevard. Since Viaduct Boulevard no longer exists, the slope easement is no longer needed. The storm drain easement was dedicated to the City on March 29, 1950, but the storm drain has since been relocated into Metrolink Way and connects at 2nd Street. The portion of the existing pipe located within the easement on the owners property has been abandoned and is no longer needed. The location of these easements are highlighted on the attached parcel map (PM 18471) for reference. The storm drain easement is shown as orange, and the slope easement as blue. The attached resolution directs the Mayor to execute a Quitclaim Deed to La Placita on 2nd Street, LLC for the storm drain and slope easements located within their property. Any recording fees will be the responsibility of the owner receiving the documents. ( City Attorney Review: Updated:3/12/2013 by Linda Sutherland B 2272 Supportive Documents: RCA Plat-PM 18471(PDF) Resolution (PDF) Reso-Exhibit I -QUITCLAIM (PDF) Original - QUITCLAIM (PDF) Updated: 3/12/2013 by Linda Sutherland B oil see SHEET 1 Of B SHEETS PARCEL MAP NO. 18471 E IN THE CITY OF SAN BERN.NO,CWNTT OF SAN BE.ARMNO.STATE OF CAI1fOR1flA e R Oa e�'v�so.°.�.w°'•.mo°,.�.`�°v°:'M��.m°.®'.." °'s and varxo mn.."caa erry aw... `gym _ m.rw„•.*nav SCALE I'_IW y �' un�"m' ��ro en w�m!wP°w,+,w im m•x uan°r�n� i C I � 3m s,aEET Ily m.•. 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I�1 vr.A --� _ —aar� I ��tltlan PARCEL�1 j N Xm Lxe eD le vi�A-� DETAIL 'B" I 1 Packet Pg.447 9.L.b 1 RESOLUTION NO. 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. d E 6 WHEREAS, American National Bank of San Bernardino granted an easement to the w a) 7 City of San Bernardino and the City accepted this easement for the construction and a _o 8 ti maintenance of a storm drain pipe per Resolution adopted on April 17, 1950, as filed in the c 9 c City Clerk's Office; and 10 0 E 11 WHEREAS,AS, Santa Fe Land Improvement Company granted an easement to the City `o rn 12 of San Bernardino for the construction and maintenance of slopes to the southern approach to ° E ig 13 the Mt. Vernon Avenue Viaduct (Viaduct Boulevard) per document recorded with the San Q 14 CY Bernardino County Recorder's Office on June 6, 1933, in Book 720, Page 306 of Official 15 a Records. 16 N n 17 WHEREAS, the City of San Bernardino has determined that this storm drain N N 18 easement and this slope easement are no longer needed for their intended purposes; and c 2 19 WHEREAS, La Placita on 2"d 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 0 no longer needed for their intended purposes. d 22 c 23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E 24 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o a 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 1 Packet Pg.448 I 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 2"d Street. A copy of said Quitclaim Deed is attached as Exhibit "1" and incorporated 4 herein. N 5 E 6 {// w 7 d CL rn n 9 10 0 E 11 ° U) w 12 ° E 13 C14 ° 15 a Ir 16 N n N 17 N 18 g N 19 20 g 21 0 N d 22 G 23 r 24 a 25 26 27 28 2 Packet Pg "9 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 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. N 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor E 6 and Common Council of the City of San Bernardino at a meeting a A w 7 c thereof,held on the_day of 2013,by the following vote, to wit: 2 8 w 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ ° E 11 JENKINS m 12 0 VALDIVIA E 13 ,low) 14 SHORETT c1 15 KELLEY a 16 JOHNSON N 17 MCCAMMACK N 18 0 N 19 d Georgeann Hanna, City Clerk 20 0 21 The foregoing resolution is hereby approved this day of 2013. o N d 22 C 23 Patrick J. Morris, Mayor E 24 City of San Bernardino Y Q 25 Approved as to form: .TAMES F. PENMAN, 26 City Attorney 27 By: 28 3 Packet Pg.450 RECORDING REQUESTED BY EXHIBIT " La Placita on 2"a Street, LLC /r� MAX�WHEN RECORDED DOCUMENT TO: �� La Placita on 2"d Street, LLC 9550 Firestone Blvd#105 Downey, CA 90241-5560 APN: 0138-263-03 m E m SPACE ABOVE FOR RECORDER'S USE A QUITCLAIM DEED U a 0 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SA BERNA.RDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to L PLACITA ON 2ND STREET, LLC, a California limited liability company, the following real property located 5 the City of San Bernardino, County of San Bernardino, State of California, described as follows: c E LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF $ N w O CITY OF SAN BERNA.RDINO, E E: by: EXHIBIT COPY y PATRICK J. MORRIS,Mayor a N r N N_ ATTEST: GEORGEANN HANNA, City Clerk cgi C P M ACKNOWLEDGEMENT OF GRANTOR(S): a r X STATE OF CALIFORNIA W COUNTY OF I S.S. d tx 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 u M 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 Q 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. 'NESS my hand and official seal. SEAL: Signature 9.L.c 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 N 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 E OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID COUNTY; SAID STORM DRAIN N EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS: w d AN EASEMENT AND RIGHT OF WAY, TEN (10) FEET IN WIDTH, BEING IN, THROUGH AND ACROSS A o PORTION OF LOT 11, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN 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: c BEGINNING AT A POINT IN THE NORTH LINE OF SECOND STREET, SAID POINT BEING 116.17 0 FEET EAST OF THE CENTER LINE OF GIOVANOLA AVENUE, EXTENDED NORTH; THENCE E NORTHWESTERLY ALONG A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 45 0 FEET, A DISTANCE OF 16.36 FEET, TO A POINT 113.17 FEET EAST OF THE CENTER LINE OF in GIOVANOLA AVENUE, EXTENDED NORTH; THENCE NORTH ALONG A LINE AT RIGHT ANGLES TO o THE NORTH LINE OF SECOND STREET, 159.13 FEET; THENCE NORTHWESTERLY ALONG A E CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 45 FEET, A DISTANCE OF 0 70.69 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF VIADUCT BOULEVARD. w d PARCEL B: N rn a 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 N 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: 4 J PORTIONS OF LOTS 10, 11, AND 12, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT h 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 .2 NORTH LINE OF SECOND STREET FROM THE EAST LINE OF MT. VERNON AVENUE; THENCE w CONTINUING NORTH 89 DEGREES 55 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF o SECOND STREET 9.37 FEET; THENCE NORTH O DEGREES 4 MINUTES 40 SECONDS WEST 8.73 d 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 E 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 Q 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. Packet Pg. 452 moubm- 9' RECORDING REQUESTED BY La Placita on 2"d Street,LLC /A.. 1 WHEN RECORDED MAIL DOCUMENT TO: La Placita on 2"d Street, LLC 9550 Firestone Blvd#105 Downey, CA 90241-5560 APN: 0138-263-03 c SPACE ABOVE FOR RECORDER'S USE m E QUITCLAIM DEED N w FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SA c BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to L PLACITA ON 2ND STREET, LLC, a California limited liability company, the following real property located the City of San Bernardino, County of San Bernardino, State of California,described as follows: c LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF E 0 N CITY OF SAN BERNA.RDINO, o E .2 CE: by: PATRICK J. MORRIS, Mayor a N r N ATTEST: GEORGEANN HANNA, City Clerk Z a J U H rJ ACKNOWLEDGEMENT OF GRANTOR(S): R C .0 STATE OF CALIFORNIA COUNTY OF } S.S. c m On before me, Notar, r Public,personally appeared m 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 Q 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. ONESS my hand and official seal. SEAL: Signature © 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 r EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS: E a AN EASEMENT AND RIGHT OF WAY, TEN (10) FEET IN WIDTH, BEING IN, THROUGH AND ACROSS A w PORTION OF LOT 11, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN a BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, 2 CALIFORNIA, BEING FIVE(5)FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: n c 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 E NORTHWESTERLY ALONG A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 45 0 FEET, A DISTANCE OF 16.36 FEET, TO A POINT 113.17 FEET EAST OF THE CENTER LINE OF E GIOVANOLA AVENUE, EXTENDED NORTH; THENCE NORTH ALONG A LINE AT RIGHT ANGLES TO 0 THE NORTH LINE OF SECOND STREET, 159.13 FEET; THENCE NORTHWESTERLY ALONG A N 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. £ .F ® PARCEL B: C7 V) THAT CERTAIN SLOPE EASEMENT DEDICATED TO THE CITY OF SAN BERNARDINO, AS PER DOCUMENT a 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 w PER PLAT RECORDED IN BOOK 228 OF PARCEL MAPS, PAGE(S) 59 THROUGH 61, RECORDS OF SAID N COUNTY; SAID SLOPE EASEMENT BEING FURTHER DESCRIBED AS FOLLOWS: PORTIONS OF LOTS 10, 11, AND 12, BLOCK 15, RANCHO SAN BERNARDINO, AS PER PLAT j THEREOF RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF O SAN BERNARDINO COUNTY, SAID PARCELS OF LAND BEING DESCRIBED AS FOLLOWS: 0 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 0 SECOND STREET 9.37 FEET; THENCE NORTH O DEGREES 4 MINUTES 40 SECONDS WEST 8.73 FEET; THENCE NORTH 38 DEGREES 19 MINUTES 50 SECONDS EAST 229.90 FEET; THENCE m NORTH 56 DEGREES 21 MINUTES 8 SECONDS EAST 212.34 FEET TO A POINT IN THE SOUTH E 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 w SOUTH 85 DEGREES 56 MINUTES 50 SECONDS WEST ALONG SAID SOUTH LINE OF THIRD a 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.