HomeMy WebLinkAbout2014-411 I RESOLUTION NO. 2014-411
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 CAJON CREEK, LLC AND THE EXECUTION OF A
QUITCLAIM DEED TO IIT CAJON DC LP, FOR AN EXISTING EASEMENT FOR
5 LANDSCAPING PURPOSES, GENERALLY LOCATED SOUTHWESTERLY OF
6 CAJON BOULEVARD, AND NORTHWESTERLY OF SHELTER WAY.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of
10 the City, a quitclaim deed to Cajon Creek, LLC, a California limited liability company, and a
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12 quitclaim deed to I1T Cajon DC LP, a Delaware limited partnership, for an existing Easement
13 for landscaping purposes, generally located southwesterly of Cajon Boulevard, and
14 northwesterly of Shelter Way, more specifically described in said quitclaim deeds, copies of
15 which are attached hereto as Attachment "1" and Attachment "2", respectively, and
16 incorporated herein.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
2 A QUITCLAIM DEED TO CAJON CREEK, LLC AND THE EXECUTION OF A
QUITCLAIM DEED TO IIT CAJON DC LP, FOR AN EXISTING EASEMENT FOR
3
LANDSCAPING PURPOSES, GENERALLY LOCATED SOUTHWESTERLY OF
4 CAJON BOULEVARD, AND NORTHWESTERLY OF SHELTER WAY.
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 joint regular meeting thereof, held on
7 the 1St day of December, 2014, by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS x
12 VALDIVIA X
13
SHORETT X
14
15 NICKEL X
16 JOHNSON x
17 MULVIHILL X
18
19
�- �/--�
GeorgeAn Hanna, City Clerk
20 -f6
21 The foregoing resolution is hereby approved this day of December, 2
22 6L'�
23 R. CAREY AVIS, Mayor
24 City of San Bernardino
25 Approved as to form:
GARY D. SAENZ, City Attorney
26
27 B .
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1
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3 ATTACHMENT "1"
4 -Quitclaim Deed-
5 Cajon Creek LLC
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1n 2014-411
�.I� r'� ���'�� Recorded in Official Records, County of San Bernardino 12/11!2014
RECORDING REQUESTED BY
CITY OF SAN BERNARDINO DENNIS DRAEGER 1:21 PM
NP
AND WHEN RECORDED MAIL DOCUMENT TO: *`K au� ASSESSOR - RECORDER - CLERK SAN
CITY OF SAN BERNARDINO P Counter
CITY CLERK
300 NORTH"D"STREET
Doc#: 2014-0473706 Titles: 1 Pages: 4
SAN BERNARDINO,CA 92418 Fees 34.00
Taxes 0.00
Other 0.ee
PAID $34.00
APN: 0262-042-40,41 &42
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$-0.00
❑Unincorporated area 21 City of San Bernardino
❑Computed on full value of the interest property conveyed,or is
❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
CAJON CREEK, LLC, a California limited liability company, a portion of that Easement for landscaping
purposes located in the City of San Bernardino, County of San Bernardino, State of California, recorded November
30, 1994, Document No. 94-0476231, Official Records of said County, a copy is attached hereto as Exhibit "I"and
made apart hereof, and further described as follows:
All that portion of the above described Easement lying within Parcel 2, 3 and 4 of Parcel Map No. 19395, in the City
of San Bernardino, County of San Bernardino, State of California, as shown on the map recorded in Book 241 of
Parcel Maps, Page 80-82 inclusive, in the office of the County Recorder of said County.
CITY OF SAN BFMNARDINO
DATE:_~w2 f Y
R. CAR/4YDAVIS,Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA ,
COUNTY OF J�gn �f/!sQ'/° i%!o } S.S.
On c l/Pc'e"W 2 O/ 7 before me, e 'l��i .�c- Qi , Notary
Public,personally appeared
who proved to me on the basis of satisfactory evidence t e the person(ej whose name(e)'is/are-subscribed to the within instrument and
acknowledged to me that he/s.4eltlwy executed the same in his/hertfheir authorized capacity(iksy,-and that by his/her/their signatureks�-on the
instru rent the person(sror the entity on behalf of which the person( cted,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 rny hand and official seal. SEAL: V"01E�R M4NtOYA
Commission# 1985357
ilaMi Notary Public-California
San Bernardino County
Signature Comm.Ex lres Aa 2,2016
2014-411
EXHIBIT 641"
-Easement-
(Doc. # 94-0476231 O.R.)
[see attached]
2014-411
1;r:UUk%TF,D BY AND
WHEN RECORDED MAIL TO;
CITY CLERK I)QCmir-11� a
CITN'HALL
300 North"D"Street 94476231L
San Bernardino,California 92419 RECORDED IN THE
OFFICIAL RECMS OF
SAN BERNARDINO COUNTY
ERROL j MACKZUH
NO FEE RECORM
HC>Nr/30/1L994
E ;B:00 :qt? :Am
.............E A S L M E N T
............................................ .........
w....__._
FOR A VALUABLE CONSIDERATION,receipt of which is hereby zcknomedggd, (Grantor•Grantors)
Do-tr_1 .._licreby rant to iheiM OF SAN fERNARDINQ H - i on easement,for the
unWI&I Cgs
inspection, fInstallat on and maintenance o Ian capi and Re-iia—R—f iEf FrIffieV.— in,
........ .............. ..............
............?_
the Teal Properly in the City of San Bernardino,County of San Bernardino,State of California,desCribed as follows;
All that portion of Lot 37, Rancho fluscuplaba, in the City of San Bernardino. County of
San Bernardino, State of California, according to the map recorded in Book 7, Page 23
of Maps, in the office of the County Recorder of said County, being a portion of sec-
tions 3 and 11, Township I North, Range 5, West, San Bernardino Meridian, according to
the official plat thereof, if Said section lines were extended across said land, de-
scribed as follows:
(OVER)
CALMAT CO. OF ARIZONA
an Arizona corporation
• BY:
DELSERT AN Vice
-1-SE PT AN Vice President
Dated
BY:
PMAJLST 03RUD;,; re�Wta_&_
This is to c"fv Inat the interest +n rani ormorty ACKNOWLEDGEMM OF GRANTOR:
ranveYel by the within ing1tuTivni to tho City of San
BeInaf0ina.Ca"to""",0 fftn'CiUt VVID0111110n.is hereby STATE OF CALIFORNIA
3"_tPtW by order Of the CITY Council,tetd the grange ss,
cwyw Is to the recoroation theeof by ts duty athori2ed COLIN'TY OF Los Angeles
Cin_11LQ2L"_befomnm,Maureen A. Bayon - Notary Pa is
peirsmallyappCotw nPlibart 9- 'rannpr,Y. kresiden
---0_FS'A"N'_'sE'A_N A R 0 1 N 0 aad Paul Stanford, Secretary Secretary. --- -------
----- -------------------
W be the pertOR�3} 6 to dim vdddu k an[
mew
ac3rnowlad;ed to rise that da sum In =gnu-
=A Itim by Smtma(s)ad kistrurnera The
a W
dm . I!R
Upon of
WITNESS myth jan�d and off cW sical.
Location ...V FOR NOTARY SEAL OR STAMP
- - - - - - - - - - - - - -►
A 6%ym
CQM#14%W
File No, momopoft-Calk
LOB J1111111111111111,11111 COJPW
111111111110 co"Ima.911111111111111111 AUG 7."a
ARB
L_ APR's 262-042_031 07. 14. & 15
2014-411
94-- ►231
RECEIVECv-CJ-['t r;I.Epr .ays^�F"caCICM,A
OQk'%A~—:.,.,�,,,.
C-WIN
LANDSCAPE MAAI A1R JkNT CONTINUED:
Beginning at the intersection of the Easterly Glen Helen Ranch line and the Southerly
boundary of the Meyer-Barclay subdivision as per map thereof recorded in Book 12, Page
18 of Maps in the office of the County Recorder of San Bernardino County as shown an
Record of Survey Map recorded in Book 43, Pages 17 and 18, dated April 27, 1981 in the
office of the County Recorder of San Bernardino County; thence along the Southerly
T,ou lmr-y of smid Meyer-Barclay Subdivision North 690 20' 47" East a distance of
2,535.70 feet more or less to a point of intersection with the Southwesterly line of
Cajon Boulevard; thence along said Southwesterly line South 444 27' 05" East a distance
of 73.60 feet to the True Point of Beginning; thence continuing along said Southwester-
ly line South 440 27' 05" East a distance of 419.80 feet to an angle point; thence
continuing along said Southwesterly line South 520 40' 38" a distance of 349.67 feet to
an angle point; thence continuing along said Southwesterly line South 510 23' 36" East
a distance of 657.25 feet to an angle point; thence continuing along said Southwesterly
line South 510 21' 581" East a distance of 2,185.55 feet to a point of intersection with
the Southeasterly line of property conveyed to Alvah H. Wilson per Deed No. 2692, Page
549 recorded December 26, 1950 in the office of the County Recorder of San. Bernardino
County; thence leaving the Southwesterly line of said Cajon 'Boulevard along said South
easterly line of property conveyed to Alvah H. Wilson South 380 36' 59" Hest a distance
of 309.09 feet; thence continuing along said Southeasterly line South 380 37' 51" West
a distance of 1,054.07 feet to a point of intersection with the Northeasterly night-of-
way line of the Southern Pacific Railroad, thence leaving said Southeasterly line along
said Northeasterly right-of-way line North 530 27' 33" West a distance of 611.37 feet:
thence continuing along said Northeasterly line North 530 17' 14" hest a distance of
49,53 feet to the beginning of a non-tangent 3,769.75 foot radius curve concave North-
easterly, a radial line to said point bears South 370r��,',03' 51" West; thence Northwester-
ly along said curve through central angle of 294 ' 45" an arc length of 1,551.36
feet to a point of non-tangency, a radial line to said point bears South 600 19' 36"
West; thence North 500 26' 25" East a distance of 50.81 feet to a point on a 3,719.75
foot radius curve concave Northeasterly, a radial line to said point bears South 600
46' 55'" West; thence Northwesterly along said curve through a central angle of 124 26'
16" an are length of 807.48 feet to a point of non-tangency, a radial line to said
point bears South 734 13' ill, West; thence North 160 39' 21" West a distance of 69.08
feet; thence North 154 21' 37" West a distance of 280.51 feet to the beginning of a
non-tangent 2,646.52 foot radius curve concave Southwesterly, a radial line to said
point bears North 730 39' 191" Mast; thence Northwesterly along said curve through a
central angle of 15° 55' 55" an arc length of 735,90 feet to a point of non-tangency, a
radial line to said point bears North 574 43' 25" Bast; thence leaving the Northeaster-
ly line of said Southern Pacific Railroad right-of-way along a line which is 50 feet
Southerly of and parallel to the Southerly boundary of said Meyer-Barclay Subdivision
North 890 20' 47" East a distance of 287.73 feet ,to the True Point of Beginning.
ENTRY onto the subject real property shall only be made by the City or its agents or
employees at such times as the Grantor or its successors and assigns fail to install or
maintain the landscaping as required by Tentative Parcel Map No. 14106 and the San
Bernardino Municipal Code. Prior to entry, the City shall give Grantor or its
assigns, written notice of failure to maintain said landscaping. Grantor shall have
thirty (30) days from date of notice to correct failure..
THE EASEMENT herein granted shall include the right to enter the subject real property
and to perform such acts as are to be performed for the inspection, installation, or
maintenance of the landscaping which is the subject hereof, and to use such areas
adjacent to the easement as may be reasonably necessary for performing the work, and
for access to the work during such installation or maintenance.
THE EASEMENT herein granted shall also include the right of the City to place a lien on
the Grantor's property for the cost of such installation or maintenance in the event
such installation or maintenance becomes necessary as determined by the City.
THE COVENANTS herein are of and for the benefit of the subject property and constitute
a covenant running with the lands Such covenants are binding on the Grantors, their
hairs, successors and assigns.
11,x,9
15.02A-20 roan"CM mm to WAnrr
Landscape maintenance Easement OFOaunucoocmUM
APNs: 262-042--03, 07, 14, & 16 `--
adb
2014-411
EXHIBIT "1"
-Easement-
(Doc. # 94-0476231 O.R.)
[see attached]
2014-411
rt r:LIU E S I F,D 19 Y A KID
WHEN RECOAOEO MAIL TO:
CITY CLERK a
CITY HALL
300 North"D"Street 94476232.
San Bernardino,California 92419 RECMED IN THE
OFFICIAL RECORM OF
SAN BERKARDINO COUNTY
RML j MAMUM
RECORDS R 3_
?qCvV/30/ 994 '
En a:00 :00 :Am
..........
..............................._...._..°-........
................................ ..............
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,FOR •Grantors)
Do M.-"ereby rant to the ITY OF SAN?.,MARDINO,a M -i &I Cqrporation. ........_an easement for the
inspection, ?nlastallall ntenance of l=TC"ap1dg and appurtenant facilities, in,
---------------_--------- .............................
California esctnbe as follows:
the Teal property In the City of San Bernardino,Cotanty of San Bernardino,State of d d
All that portion of Lot 37, Rancho I'luscuplabit, in the City of San Bernardino, County of
San Bernardino, State of California, according to the map recorded in Book 7, Page 23
of Maps, in the Office of the Cowrty Recorder of said County, being a portion of Sec-
tions 2 and 11, Township I North, Range 5, West, San Bernardino Meridian, according to
the official plat thereof, if said section lines were extended across said land, de-
scribed as follows:
(OVER)
CALMAT CO. OF ARIZONA
an Arizona corporation
By:
DEUERT fy4FANAR. Vice President
Dated BY:
PAUL ST RD, .setaiy
This is to estfity mat the interest in f", property ACKNOWLEDGEMENT OF GRANTOR:
conveyed by the within !n%1fVMM1 to the City of San
amnaro"'o'Calitt"M19-0 Mn'ClOal COM0111TIOn,is ft*f*bV STATE OF CALZORNIA
'cl-epted by order of the C,(V Council,and the grantee ss.
consents to the recoroar:on thereof by ots awy authorized COUNTY OF Los Angeles
of car, Oil .11102494 im,14aureen A. Bayon - Notary Pub is
.......... Ptr3oriallyappCorod npibsrt, H_ dent
CITY OF SAN BERNAROtNO __arid- Paul Stanford; Secretary---------- -------
W
------------------------—------
CIO*
-------------------------- ---
to be the perixtn(o wb*se nome( butibeiltothevridsin
the asing in =IhQ_
by gnswe(s)an the hvatarnetrot the
the par s}acted eme"red the
WITNESS my hwW and officisil scal.
717
Signature
Location _V FOR NOTARY SEAL OR STAMP
- - - - - - - - - - - - - -
File No- ......... wv�
AD8 'WUX A!111111 { COLM
W co"toM Am 7.wn
APN's 252-042-03 07 14 & 16 a
2014-411
RECEIVE--(; re flgp� a Y+a�c�c+�wuA
ez"
hy+':lE..tY iYAJwt
LANDSCAPE MAIVRAJR &ANT CONTINUED: FL
Beginning at the intersection of the Easterly Glen Helen Ranch line and the Southerly
boundary of the Meyer-Barclay subdivision as per map thereof recorded in Book 12, Page
18 of Maps in the office of the County Recorder of San Bernardino County as shown on
Record of Survey Map recorded in Book 43, Pages 17 and 18, dated April 27, 1981 in the
office of the County Recorder of San Bernardino County; thence along the Southerly
l,nsmAnry of said. Meve-r-Aarclay Subdivision North 890 20' 47" East a distance of
2,535.76 feet more or less to a point of intersection with the Southwesterly line of
Cajon. Boulevard; thence along said Southwesterly line South 440 27' 05" East a distance
of 73.60 feet to the True Point of Beginning; thence continuing along said Southwester-
ly line South 440 27' 051, East a distance of 419.80 feet to an angle point; thence
continuing along said Southwesterly line South 524 40' 38" a distance of 349.67 feet to
an angle point; thence continuing along said Southwesterly line South 514 23' 36" East
a distance of 657.25 feet to an angle point; thence continuing along said Southwesterly
line South 510 21' 5s„ East a distance of 2,185.55 feet to a point of intersection with
the Southeasterly line of property conveyed to Alvah H. Wilson per heed No. 2692, Page
569 recorded December 26, 1950 in the office of the County Recorder of San Bernardino
County; thence leaving the Southwesterly line of said Cajon Boulevard along said South-
easterly line of property conveyed to Alvah H. Wilson South 380 36' 59„ nest a distance
of 300.09 feet; thence continuing along said Southeasterly line South 380 37' 51" West
a distance of 1,059.07 feet to a point of intersection with the Northeasterly right-of-
way line of the Southern Pacific Railroad; thence leaving said Southeasterly line along
said Northeasterly right-of-way line North 530 27' 33" West a distance of 611.37 feet;
thence continuing along said Northeasterly line North 530 17' 1411 Nest a distance of
69.53 feet to the beginning of a non-tangent 3,769.75 foot radius curve concave North-
easterly, a radial line to said point bears South 370 03' 51" Nest; thence Northwester-
ly along said curve through a central angle of 230 34' 45" an arc length of 1,551.36
feet to a point of non-tangency, a radial line to said point bears South 600 38' 36"
West; thence North 500 26' 2,5" East a distance of 30.81 feet to a point on a 3,719.75
foot radius curve concave Northeasterly, a radial line to said point bears South 600
46' 55„ West; thence Northwesterly along said curve through a central angle of 120 26'
16" an arc length of 807.48 feet to a point of non-tangency, a radial line to said
point bears South 734 13' 111, Nest; thence North 164 39' 21" West a distance of 69.08
feet; thence North 150 21' 37" West a distance of 290.51 feet to the beginning of a
non-tangent 2,646.52 foot radius curve concave Southwesterly, a radial line to said
point bears North 730 39' 19" East; thence Northwesterly along said curve through a
central angle of 150 55' 55" an arc length of 735.90 feet to a point of non-tangency, a
radial line to said point bears North 570 43' 25" East; thence leaving the Northeaster-
ly line of said Southern Pacific Railroad right-of-way along a line which is 50 feet
Southerly of and parallel to the Southerly boundary of said Meyer-Barclay Subdivision
North 890 20' 47„ East a distance of 287.73 feet to the True Point of Beginning.
ENTRY onto the subject real property shall only be made by the City or its agents or
employees at such times as the Grantor or its successors and assigns fail to install or
maintain the landscaping as required by Tentative Parcel Map No. 14106 and the San
Bernardino Municipal Code. Prior to entry, the City shall give Grantor or its
assigns, written notice of failure to maintain said landscaping. Grantor shall have
thirty (30) days from date of notice to correct failure.
THE EASEMENT herein granted shall include the right to enter the subject real property
and to perform such acts as are to be performed for the inspection, installation, or
maintenance of the landscaping which is the subject hereof, and to use such areas
adjacent to the easement as may be reasonably necessary for performing the work, and
for access to the work during such installation or maintenance.
THE BASEMENT herein granted shall also include the right of the City to place a lien on
the Grantor's property for the cost of such installation or maintenance in the event
such installation or maintenance becomes necessary as determined by the City.
THE COVENANTS herein are of and for the 'benefit of the subject property and constitute
a covenant running with the land% Such covenants are binding on the Grantors, their
heirs, successors and assigns.
15.02A-20 row Actoan m purr
Landscape Maintenance Easement OF GAM"OKUR t
APNs: 262-042-03, 07. 14, & 16
adb
1
2
3 ATTACHMENT "2"
4 -Quitclaim Deed-
5 IIT Cajon DC LP
6
7
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/orl �dl0& I W I� 2014-411
(.�' Recorded in Official Records,County of San Bernardino 12/1112014
RecoRDCITYo SANBERNARDINO DENNIS DRAEGER
1:21 PM
AND WHEN RECORDED MAIL DOCUMENT TO: °` .� ASSESSOR — RECORDER — CLERK SAN
CITY OF SAN BERNARDINO P Counter
CITY CLERK Doo: 2014-0473707 Titles: 1 Pages: 4
300 NORTH"D"STREET
SAN BERNARDINO,CA 92418 Fees 34.00
Taxes 0.00
Other 0.00
PAID $34.00
APN: 0262-042-39
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S)DECLARE(S):THAT DOCUMENTARY TRANSFER TAX IS$-0.00
❑Unincorporated area 0 City of San Bernardino
❑ Computed on full value of the interest property conveyed,or is
❑ Computed on full value less the value of liens and encumbrances remaining at time of sale,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
IIT CAJON DC LP, a Delaware limited partnership, a portion of that Easement for landscaping purposes located
in the City of San Bernardino, County of San Bernardino, State of California, recorded November 30, 1994,
Document No. 94-0476231, Official Records of said County, a copy is attached hereto as Exhibit "1"and made apart
hereof, and further described as follows:
All that portion of the above described Easement lying within Parcel 1 of Parcel Map No. 19395, in the City of San
Bernardino, County of San Bernardino, State of California, as shown on the map recorded in Book 241 of Parcel
Maps, Page 80-82 inclusive, in the office of the County Recorder of said County.
CITY SAN B ARDINO
DATE:
// R. CARE DAVIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUN'T'Y OF r✓�/i19 O S.S.
� 2 }
On _ ��' i�� �0/7 _ before me, A-41,0*E , Notary
Public,personally appeared c�
who proved to me on the basis of satisfactory evidence to be/the person(.arwhose name(,aris/alsubscribed to the within instrument and
acknowledged to me that he/speftkC executed the same in his/hefAheir authorized capaeity(ies'J,and that by his/her/thoirsignaturexon the
instrument the person(;or the entity on behalf of which the person(-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 and and official seal. SEAL: V�At R!E R,_MON OYA
Commission# 1985357
Notary Public-California
San Bernardino County
Signature r M Comm.Ex ires Aug 2.2016