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AI.
CITY OF SAN BERORDINO
File ~o. 15.JU-lj~
_ REQUEST CPR COUNCIL ACTION
Dept:
Public Works/Engineering
Subject:
Authorize execution of a Grant Deed -
Ptn. Vacated Camino Real, North of
Fairway Drive.
From:
ROGER G. HARDGRAVE, Director
Date:
July 26, 1991
Synopsis of Previous Council ection:
6-20-77 Resolution No. 12831 adopted vacating this portion of Camino Real.
Recommended motion:
Adopt the Resolution.
cc: Shauna Edwins, City Administrator
James Penman, City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached:
Staff Report, Map
Ward:
3
FUNDING REQUIREMENTS:
Amount:
NONE
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
Council Notes:
Agenda Item No
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CITY OF SAN BERQRDINO - REQUEST Q)R COUNCIL ACTION
STAFF REPORT
On February 25, 1977, a Deed was recorded from the City to Jack R. Kennedy
(Kennedy Cadillac) for a portion of the old Sewer Plant #1. The City
received $195,000 for the parcel. The property appeared to front on Camino
Real, however, there was a piece of the dedicated right-of-way which the
City owns in fee (see attached map) and which was to be granted to Kennedy
after Vacation Proceedings were completed. During the interim, Kennedy was
given a "License and Agreement" approved by Resolution No. 12726 adopted
March 23, 1977 to use and improve the land in question. Section 14 of the
Agreement states " -- and the only feasible purchaser or lessee of the
vacated portion thereof would be the adjoining property owner, the
Licensee."
That portion of the street was vacated by Resolution No.12831, adopted June
20, 1977 and the granting of the land to Kennedy seems to have slipped
through the cracks. The County Assessor, not knowing that we owned the
strip in fee, included the land with the Kennedy parcel and he has been
paying taxes on the entire parcel ever since.
It is therefore recommended that the document be executed and delivered to
Mr. Kennedy as this was supposed to have been done some 14 years ago.
EMERGENCY CLAUSE:
Mr. Kennedy is in a time crunch relative to a refinancing loan he is
obtaining and the related title report was the vehicle which brought this to
his, and subsequently our, attention.
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Escrow No. 0
Loan No.
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WHEN RECORDED MAIL TO:
Jack F. Kennedy
KENNEDY CADILLAC
1400 S. Camino Real Road
San Bernardino, CA
SPACE ABOVE THIS '-INE FOR flliCOfllDE.." USE
MAIL TAX STATEMENTS TO:
APN: 141-251-45
DOO IfoE'lTARV 11lANSFEIl TAX . NONE
...... Computed on the cOMiderltfon or v.aue of property ~; OR
...... Computed on 1M COftIider.uon or v..u.,_t.... or encumbl'lftCel
""*nl". et time of .....
THE UNDERSIGNED
SIIMN" of o...ant eM' A.....t ca..rmln'tIII.. - Finn Nwn.
SAME AS ABOVE
(CORRECTION)
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
CITY OF SAN BERNARDINO, A MUNICIPAL CORPORTION
a corporation organized under the laws of the State of CALIFORNIA
. d_ h.mv
GRANT to
JACK F. KENNEDY, TRUSTEE OF THE KENNEDY LIVING TRUST
DATED NOVEMBER 1, 1979, AS RESTATED ON MAY 20, 1982
the..... pro.,...y in the City 01 SAN BERNARDINO
County olSAN BERNARDINO
. S.... 01 Cellfomla. deocribed IS
PARCEL NO. 1 OF PARCEL MAP NO. 3732, BOOK 48, PAGES 80-81
OF PARCEL MAPS, RECORDS OF SAID COUNTY.
THIS DEED IS GIVEN TO CORRECT THE BOUNDARY LINES
AS ESTABLISHED BY THE ABOVE MENTIONED PARCEL MAP.
o.ted .trTT.V'1. 1001
CITY OF SAN BERNARDINO.
A MUNICIPAL CORPORATION
STATE OF CALIFORNIA ...
COUNTVOF I
Of! bIIION-.
the~neci.. NotaryPubllclnanclforMidSwe.personaIty.....,.
By
President
..
....
......., knDWn to _lor proved tome on the __ 01..,' . ~ 'I
~) to be lhe perIOnI who executed tile wIItIIn InItrUlMnt ..
-...
-.,y.
By
_ry
on beMfI R
the COIDOf8lion therein nemed,.1Id ~ to 1M...... 8UCtl Q)I"
pcnIton eucua.d tM within IMlI'UlMnt pu.-nl to ... brtawa or .
r.-oIutiOnolltlboMloldlNc:tCn.
WITNESS my hand IIftd otrtc6aIlIHL
-
IThls..... * ottlc.. ....... ...1
~UII TA'V c::.TA.TFMFN~ AS DIRECTED ABOVE
1144 (8182)
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RESOl.UTIot\ 1\0.
RESOl.UTION OF THE CITl OF SAN BERNARDINO ACTHORIZING THE ~AYOR
AND CITY CLERK TO EXECt:TE A GRAt\T DEED TO .lACK F. KENt\EDY, TRUSTEE FOR THE
KEN~~DY LIVING TRUST DATED MAY 20, 1962 FOR A PORTION OF VACATED CAMINO REAL,
NORTH OF FAIRliAY DRIVE I!\ THE CITY OF SAN BERNARDINO.
WHEREAS, the city of San Bernardino, by document recorded
November 2S, 1956, the State of California relinquished fee title to Camino
Real (F Street) between Orange Show Road and Fairway Drive to the City of San
Bernardino; and
i;"HEREAS, the portion on the street was vaca"ted by Resolution No.
1283]. adopted JUll" 20, 1977 and was declared unnecessary fO!' present or
prospective public street purposes; and
WHEREAS, by License and Agreement dated April 21, 1977, it was
stated that the oniv feasible purchaser or lessee of the vacated portion
would be the adjoining property owner, Jack F. Kennedy.
NOli, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CO"lMON COUNCIL
OF THE CITY OF SAN BERNARDINO THAT:
SECTION 1. That the portion of Camino Real referred to herein
and as described in that certain Grant Deed, a copy of which is attached
hereto. marked Exhibit "A", is no longer needed for public purposes and is
ilereby declared as surplus land.
SECTION 2. That the said Grant Deed referred to herein, a copy
of which is attached hereto, marked Exhibit "A", and made a part hereof
as
fully as though set forth at length herein, is hereby approved.
SECTION 3.
That the Mayor and City Clerk of the City of
San
Bernardino are hereby authorized and directed to execute said Grant Deed
on
behalf of the City of San Bernardino.
RESOLUTIOK GRAc:y.G 4 PORTIOK or CM:I!'iO REAL. 0
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I HEREBY CERTIFY that the fOr'l"going resolution was duly adopted by thE'
Mayor and Common Council of the City of San Bernardino at a
day of
, 1991. by the
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
~:AUDSLEY
~'INOR
POPE-LUDLM:
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 1991.
~.R. Holcomb. Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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