HomeMy WebLinkAbout05.L- Public Works 5.L
RESOLUTION (ID #3365) DOC ID: 3365 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Easement
From: Tony Frossard M/CC Meeting Date: 08/18/2014
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 5
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the Execution of a Quitclaim Deed to University Park Promenade & Shops, LLC, for
an Existing Storm Drain Easement, Located West of Northpark Boulevard, South of Ash Street.
(#3365)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
11/05/2007 Resolution No. 2007-431 was adopted, authorizing the execution of a Quitclaim
Deed to University Park, LLC, for a storm drain easement, across Spellacy Park,
located west of Northpark Boulevard, and south of Ash Street, for relocation
purposes.
Background:
University Park Promenade & Shops, LLC, contacted City staff requesting the execution of a
quitclaim deed for an existing storm drain easement located west of Northpark Boulevard, and
south of Ash Street. The quitclaim of the City easement to the owner will help facilitate the
proposed development of their parcel as it currently affects the lot design of their project. A City
storm drain was never constructed in the subject easement because design changes resulted in a
new storm drain alignment.
The previous entity, University Park, LLC, dedicated another storm drain easement to the City
relative to the current alignment of the constructed storm drain, but the easement for the subject
easement was never quitclaimed back to the owner. A storm drain was never constructed within
the easement being quitclaimed.
The attached resolution authorizes the execution of the Quitclaim Deed to University Park
Promenade & Shops, LLC. University Park Promenade & Shops, LLC, will pay for all recording
fees, if any.
City Attorney Review:
This Item Has Been Reviewed and Approved as to Form by the City Attorney's Office. JEG
Supporting Documents:
Resolution (DOC)
Updated: 8/13/2014 by Georgeann"Gigi"Hanna A Packet Pg. 141
5.L
3365
Reso Exhibit 1 - QUITCLAIM (PDF)
Vicinity Map (PDF)
Updated: 8/13/2014 by Georgeann"Gigi"Hanna A Packet Pg. 142
5.L.a
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
4 A QUITCLAIM DEED TO UNIVERSITY PARK PROMENADE & SHOPS, LLC,
FOR AN EXISTING STORM DRAIN EASEMENT, LOCATED WEST OF
5 NORTHPARK BOULEVARD, SOUTH OF ASH STREET.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS: E
7
8
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and =
L
9 directed to execute on behalf of the City, a quitclaim deed to University Park Promenade & °
E
10 0
Shops, LLC, a California limited liability company, for an existing storm drain easement 0)
w
0
11 �
located west of Northpark Boulevard, south of Ash Street, more specifically described in said •9
12
quitclaim deed, a copy of which is attached hereto as Exhibit"1" and made a part hereof.
CY
13 cn
14 �
LO
15
M
M
16
17
18
19 0
r
3
20
N
N
21
C
d
22
U
23
a
24
25
26
27
28
Packet Pg. 143
5.L.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
2 QUITCLAIM DEED TO UNIVERSITY PARK PROMENADE & SHOPS, LLC, FOR
AN EXISTING STORM DRAIN EASEMENT, LOCATED WEST OF NORTHPARK
3 BOULEVARD, SOUTH OF ASH STREET.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a meeting _
6
a�
7 thereof, held on the day of , 2014, by the following vote, to wit. E
w
8 Council Members: AYES NAYS ABSTAIN ABSENT
L
9
MARQUEZ E
10 BARRIOS 4-
11 E
VALDIVIA �
12 w
13 SHORETT
Cn
14 NICKEL L
15 JOHNSON
M
M
16 MULVIHILL
17 s
.y
18
19 Georgeann Hanna, City Clerk o
.2
20 The foregoing resolution is hereby approved this day of , 2014. N
m
21
22 R. CAREY DAVIS, Mayor
23 City of San Bernardino
a
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26 By:
27
28
Packet Pg. 144
1
2 EXHIBIT "1"
3 -Quitclaim Deed-
4
5
6 =
0
7
w
8 =
9 °
E
10 °
0
11 E
12
13
a
14 �
LO
15
M
16
r
17 0
.N
18
19 0
20 N
21
_
22 E
U
23
a
24
25
26
27
28
Packet Pg. 145
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIL DOCUMENT TO:
'OF SAN BERNARDINO
CLERK
300 NORTH"D"STREET
SAN BERNARDINO,CA 92418
FEE EXEMPT PURSUANT TO
GOV.CODE SECTION 27383
APN:0151-342-23
SPACE ABOVE FOR RECORDER'S USE .r
QUITCLAIM DEED
E
4)
N
THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$ 0.00 W
❑Unincorporated area 0 City of San Bernardino
❑ Computed on full value of the interest property conveyed,or is L
❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and
L
O
++
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SA 0
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM M
UNIVERSITY PARK PROMENADE & SHOPS, LLC, a California limited liability company, a portion of tr
storm drain easement located in the City of San Bernardino, County of San Bernardino, State of California, record 6y
November 14, 2007, Document No. 2007-0631680, Official Records of said County, and further described as follow
a
LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A" m
PLAT MAP ATTACHED AS EXHIBIT`B"
CITY OF SAN BERNARDINO U
DATE:
R. CAREY DAVIS, Mayor
X
III
ACKNOWLEDGEMENT OF GRANTOR(S): ,°�
tY
STATE OF CALIFORNIA c
COUNTY OF } S.S. E
s
U
tG
On before me, , Not w
Public,personally appeared
4
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 a
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 t
instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument.
ify 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
Packet Pg. 146
S.L.b
EXHIBIT A
LEGAL DESCRIPTION TO QUITCLAIM STORM DRAIN EASEMENT
A STRIP OF LAND 15.00 FEET WIDE, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, OVER THAT PORTION OF LOT 2 OF TRACT 17703-2,
FILED IN BOOK 338 PAGES 44 THROUGH 47, INCLUSIVE OF MAPS RECORDS OF SAID
COUNTY, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT R OF TRACT 16509-7;
THENCE ALONG THE NORTHWESTERLY LINE OF LOT R SOUTH 68'14'47" WEST 174.39 FEET;
THENCE SOUTH 21'45'13" EAST 7.45 FEET TO THE BEGINNING OF A 27.50 FOOT RADIUS E
CURVE CONCAVE NORTHWESTERLY; N
THENCE SOUTHWESTERLY 43.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A DELTA w
OF 90"00'00';
THENCE SOUTH 68'14'47" WEST 229.64 FEET TO THE BEGINNING OF A 17.50 FOOT CURVE a
CONCAVE SOUTHEASTERLY; E
THENCE SOUTHWESTERLY 27.49 FEET ALONG THE ARC OF SAID CURVE THROUGH A DELTA 0
OF 90'00'00';
THENCE SOUTH 21'45'13" EAST 6.20 FEET, TO THE TRUE POINT OF BEGINNING; o
THENCE SOUTH 21`45'13" EAST 370.40 FEET TO THE BEGINNING OF A 37.50 FOOT RADIUS E
CURVE CONCAVE NORTHEASTERLY; v
THENCE SOUTHEASTERLY 16.59 FEET ALONG THE ARC OF SAID CURVE THROUGH A DELTA
OF 25'20'39";
THENCE SOUTH 47'05'52" EAST 10.08 FEET AND THE END OF THIS DESCRIPTION.
Lo
EXCEPTING THEREFROM ANY PORTION OF THAT PROPERTY DESCRIBED IN THE EASEMENT TO
THE CITY OF SAN BERNARDINO, RECORDED JANUARY 14, 2009, DOCUMENT NO. o
2009-0015976, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA.
CONTAINING 6,006 SQUARE FEET, (0.14 ACRES) MORE OR LESS. Q
v
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE PART
HEREOF. a
IL
SUBJECT TO COVENANTS CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND
EASEMENTS OF RECORD, IF ANY. s
x
III
0
PREPARED BY OR UNDER THE DIRECTION OF: Q�pfESS (�,y a)J
W.
;_
�1 v r"
VINCENT W. SCARPA I R.C.E. 33520 > No. 33520
LICENSE EXPIRES 06/30/14
� �xp. s/3fl/�o�a � a
ClvIG
�rF OF CAL\F�4�
DATED\ i _c1
SHEET I OF 2 EASEMENT QUITCLAIM 27156 BURBANK
�� " u FOOTHILL RANCH,CA
BY: TET EXHIBIT
T 949-916-3800
CONSULTING INC. F 949-916-3805
DATE: S 25 2814 - CIVIL ENGINEERING
SCALE: As SHOWN
SAN BERNARDINO COUNTY LAW w.AMMG a SURYEYMiG CVC-iNC.NET
Packet Pg. 147
S.L.b
EXHIBIT B
TO ACCOMPANY LEGAL.DESCRIPTION
CURVE TABLE r
CURVE DELTA LENGTH RADIUS
Cl 90'00'00" 43.20 27.50
C2 90'0000" 27.49 17.50 �'"� �� SCALE:t1"-100'
C3 2520'39" 16.59 37.50 r- 1
P.O.C.
5l b; '1 E
lu
Cl
I 1.00,.- ' �,-- 6� ti M0 1 � E
/.
T.P.O.B. ��� C2 i �� E
� rn
�' 7a ..
Z w
a � � I LOT 2 ;
TRACT 17703-2
I ' I MB 338/44-47 J
F
� U
I d
.Q
W
� ♦ � �1
�.,,,, •.
qGT kRR � ')09-4, 9s ` '` `, C3 �4�ESS/pN a
31 / S470S4705'5-2-"E-" q4 W. S �* E
/ g h
10.08'
> No. 33520
� Exp. 8j30j2014 �
® = AREA TO BE QUITCLAIMED cfvlL
CA��Ea��
SHEET 2 OF 2 EASEMENT QUITCLAIM � 27156 BURaANK
BY: TET FOOTHILL RANCH,CA
EXHIBIT T 909-916-3800
DATE: 5-25-2014 CONSULTING, INC. F 949-916-3845
SAN BERNARDINO COUNTY LAM CIVIL ENGINEERING
I.SCALE: AS SHAWN uuo PLAIDOW s eunveYrea CVC-INC.NET
Packet Pg. 148
LOCATION OF
STORM DRAIN
EASEMENT
�a
v �
2
w
�w
v Q'
F �
Q �
.0
Q
�y 18
Gaffe
15 y^�
e
40th St. 330 N
W
Marshall Blvd. p
- — E
210 0
Highland Ave. in
' o
3 a �
C Ef0
Base Line St. w
N
9th St ai
5th St. a
Rialto Ave.
15 Q' coo
Mill St. c c
m 210 p.
a U CU
Orange how Rd. F
A
C
C
G1
E
t
V
.r
VICINITY MAP `� a
NTS
J
CITY OF SAN BERNARDINO AREA OF CITY STORM DRAIN EASEMENT
PUBLIC WORKS DEPARTMENT LOCATED WEST OF NORTHPARK AND SOUTH OF
San Bernar ioo REAL PROPERTY SECTION ASH TO BE QUITCLAIMED TO UNIVERSITY PARK
PROMENADE & SHOPS, LLC
® Indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval D packet pg. 149