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HomeMy WebLinkAbout06-075 - Resolutions RESOLUTION NO. 06-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE TRANSFER AND TERMINATION OF ALL EXISTING INTERESTS IN THE PROPERTY COMMONLY KNOWN AS BANYAN FIRE STATION NO. 175 WHEREAS, it is the purpose and goal of the City of Rancho Cucamonga ("City')to provide adequate fire protection and emergency services for residents and businesses located within the City; and WHEREAS,to satisfy such purpose and goal, on April 21, 1994,the City entered into a lease with the Rancho Cucamonga Fire Protection District ("District') for Station No. 175 (the "Lease"); and WHEREAS, the District has become the primary fire protection and emergency services provider for the City; and WHEREAS, it is in the best interests of the residents and businesses within the City to have the District own and operate all fire protection and emergency services facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (the "City Council") as follows: 1. The City Council hereby finds,from all evidence submitted, that Station No. 175 is no longer required to be held in title by the City, and the City Council hereby makes its order to quitclaim all of its right, title and interest in and to Station No. 175 to the District, including the termination of the Lease (the "Transfer"). 2. To effect the Transfer, the Mayor of the City is hereby authorized to execute a Quitclaim Deed from the City to the District in the form attached hereto, and by this reference made a part hereof, and a Lease Termination by and between the City and the District in the form attached hereto, and by this reference made a part hereof. 3. The City Clerk of the City shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. 4. The City Clerk of the City shall cause a certified copy of this resolution to be recorded in the Official Records of San Bernardino County, California. Please see the following page for formal adoption,certification and signatures Resolution No. 06-075 Page 2 of 7 PASSED, APPROVED, AND ADOPTED this 15`h day of March 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None �j�S IAS" William J. Ale nder, Mayor ATTEST: 15ebra J. AdaV, CMC, City Clerk I, DEBRA J.ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15'h day of March 2006. Executed this 161h day of March 2006, at Rancho Cucamonga, California. d&ttw DebrA J. Adam , CMC, City Clerk Resolution No. 06-075 Page 3 of 7 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO AND MAIL TAX STATEMENTS T0: Rancho Cucamonga Fire Protection District 10500 Civic Center Drive Rancho Cucamonga,California 91730 Attention: Secretary APN: a011C1\ a� [Space Above For Recorder's Use Only] This Quitclaim Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. QUITCLAIM DEED (Station No. 175) FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the CITY OF RANCHO CUCAMONGA,a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, a public agency, all of its right,title and interest in and to that certain real property more particularly described as follows: THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 25,TOWNSI IIP 1 NORTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOU 11-1 LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 25, SAID POINT BEING NORTH 89 DEGREES 43 MINUTES 26 SECONDS WEST, 1211.21 FEE"T FROM THE 2 INCH IRON PIPE MARKING THE EAST ONE- QUARTER CORNER OF SAID SECTION 25; THENCE NORTHEASTERLY, 21.35 FEET ALONG A NON TANGENT CURVE,CONCAVE EASTERLY, HAVING A RADIUS OF 1984.70 FEET AND A CENTRAL ANGLE OF 0 DEGREES 36 MINUTES 58 SECONDS, A RADIAL LINE TO SAID CURVE BEARS NORTH 69 DEGREES 34 MINUTES 27 SECONDS WEST. TO THE TRUE POINT OF BEGINNING IN A LINE. THAT IS PARALLEL WIT[I AND 8701101 sv.rEn%E�;r; ns o!ri�crEo ABOVE Resolution No. 06-075 Page 4 of 7 20.00 FEET NORTHERLY OF SAID SOUTH LINE OF I HF, EAST ONE-HALF OF THE NORTHEAST ONE-QUARTF,R OF SECTION 25; THENCE CONTINUING ALONG SAID CURVE NORTHEASTERLY, 77.17 FEET THROUGH A CENTRAL ANGLE OF 2 DEGREES 13 MINUTES 40 SECONDS;THENCE NORTH 23 DEGREES 16 MINUTES I1 SECONDS EAST, 574.00 FEET; THENSE SOUTH 89 DEGREES 43 MINUTES 26 SECONDS EAST. 102.02 FEET; THENCE SOUTH 0 DEGREES 16 MINUTES 34 SECONDS WEST, 600.00 FEET TO A POINT IN SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE,NORTH 89 DEGREES 43 MINUTES 26 SECONDS WEST, 355.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO SHOWN AS PARCEL 1 OF PARCEL,MAP NO. 12779 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 161,PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. [This Space Intentionally Left Blank; Signatures On The Next Page] R70110_I � Resolution No. 06-075 Page 5 of 7 IN WITNESS WHEREOF,the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated as of: /t9AR,4 W 14 ,2006. CITY OF RANCHO CUCAMONGA, a municipal corporate 4 e: ExAit' Its: ATTEST: Name: 41Y j 1qA0,-11J1S Its: Ze APPROVED AS TO FORM: Richards,Watson and Gershon, Atto s for City wP Owen P. Gros 870110.1 3 Resolution No. 06-075 Page 6 of 7 LEASE TERMINATION (Station No. 175) THIS LEASE TERMINATION (this"Termination")is made and entered into as of �A�NH L:�5,2006, by and between the the CITY OF RANCHO CUCAMONGA,a municipal corporation("Lessor"), and the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, a public agency("Lessee"), with respect to the following: RECITALS A. Lessor and Lessee entered into that certain Lease that commenced on April 21, 1994(as amended and otherwise supplemented from time to time,the"Lease"),for the property commonly known by the street address of 11108 Banyan Street,Rancho Cucamonga, California (the"Property"). B. Concurrently herewith, Lessor is transferring all of its right,title and interest in and to the Property to Lessee. C. In connection with such transfer, Lessor and Lessee have agreed to terminate the Lease on the terms and conditions provided herein. AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Termination. Lessor and Lessee hereby agree to terminate the Lease such that the same shall be of no further force or effect,and shall no longer affect the"Premises"(as defined in the Lease), from and after the date hereof. 2. Release. Lessor hereby releases Lessee from any and all obligations and/or liability under,or with respect to,the Lease and/or the Premises. Lessee hereby releases Lessor from any and all obligations and/or liability under, or with respect to,the Lease and/or the Premises. 3. Counterparts. This Termination may be executed in any number of counterparts, each of which,when executed and delivered, shall be deemed to be an original, and all of which, taken together,shall be deemed to be one and the same instrument. ['this Space Intentionally Left Blank; Signatures On The Next Page] 870145.1 Resolution No. 06-075 Page 7 of 7 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Termination as of the date and year first above written. LESSOR: CITY OF RANCHO CA ONGA, a municipal cotpor Name: /Aht /4L K/r Its: ATTEST: By: Name: Its: C!!TY CLE �K APPROVED AS TO FORM: Richards, Watson and Gershon, Attome s for City hi Owen P.Gross LESSEE: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,a public agency Name: Its: rit/,T 870145.1 2