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HomeMy WebLinkAbout98-169 - Resolutions RESOLUTION NO. 98-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TRACT 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a storm drain easement herein more particularly described; and WHEREAS, the x City Council of the City of Rancho Cucamonga found all the evidence submitted that the public storm drain easement is no longer required; and WHEREAS, amended Tentative Tract 15727 will be a private gated community with private drainage facilities. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the storm drain easement originally dedicated per Document No. 19970373376, on file in the office of the City Clerk of the City of Rancho Cucamonga, which is attached hereto, labeled Exhibit "A", and by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said storm drain easement, located within Amended Tract 15727-3 no longer constitutes a public storm drain easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Resolution No. 98-169 Page 2 PASSED, APPROVED, AND ADOPTED this 16~h day of September, 1998. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alex Mayor ATTEST: Debra J. Ad~s, 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 16~h day of September, 1998. Executed this 17th day of September, 1998, at Rancho Cucamonga, California. D~ebra J. Adar~M~, City Clerk' RECORDED Resolution No. 98-169 REQUEST OF Page 3 Recorded ~n O¢¢.tciaJ Records, County o¢ San BernarOino, Erro! j. ~ackz~, RecorOer Assessor Pardi No. DOC No. 1997g373376 210-O62-O2 and 26 4'06pm 10/09/97 RECORDING REQUESTED BY: Ci~ of Ran~o Cu~monga 2e5 2~1~32~6 02 15 WHEN RECORDED MAIL TO: , [-- z[-- 3[-- ~ s[-- ~[-- ;[-- ,[-- e~0[-- City of Rancho Cucamonga "F FEE &PF GIMS PH CPY CRT CPY ADn #. PEN ,R PCOR Post Office Box 807 ~ /"/ Rancho Cucamonga, CA 91730 NON ST LN SV¥ ClT-CO TRANS TAX D& CHRIG EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CORNERPOINTE 85 LLC, A DELEWARE LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR STORM DRAIN PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of Califomia, described and shown on the attached EXHtBITS "A" and "B". Comerpointe 85 LLC a Delaware limited liability company by its managing member Gdffin Industries, Inc. a California corporation Paul E. %.._.Gd~ll, President This is to certify that the interest in real property conveyed by the within instrument to the City of Rancho Cucamon~a, a City incorporated under the laws of the State of Cafifomia, is hereby accepted by order of the City Council, and the Grantee consents to the recordation ~_E~[~__'¢i.~~there°fbyitsdulyauth°dzed°fficer' Subjectt°the improvement and acceptance thereof by said City Council. · ~ -/ Resolution No. 98-169 Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stale of CALIFORNIA County of LOS ANGELES On 9/16/97 before me. MARY R- WHTTE~Ef.f .... personally appeared PAUL E., GR_.2L-~.I..I~, I I i ~.. personally known to me - OR - ~. proved to me on the basis of satisfactory evidence Io be the person(s) whose name(s) is/are subscribed to the within inslrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ~~~.-~ ....... ~ his,'her,'theJr signature(s) on the instrument the person(s), MAm, I~.~SS-t- I~ or the entity upon behalf of which the person(s) acted, ~ Jt~tl ' lS~c~ ~ e.~ecuted the instrument. ~/~r~l~lm, m~v · WITNESS my hand and official seal. OP TIONA L T,hougn t,~e in,'or,mahon Cetow ~s not required by law it may prove va/~a21e to persons relying o~ the documen! and could prevent fraudulent fernova/ and rearfachrnent ot :,'.,s /or,,~ to anotzher document. Description of Attached Document EASEHEighT. E.~M CORNERPOiNTE 85, LLC to Title or Type of Document: CITY OF RANCHO CUCAMONGA FOR STORM DRAIN PURPOSES__ Document Date: 9/16/97 __ Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: PAUL E. GRI?FZN, TZ~ Signers Name: -- Individual _--Individual -. x~_ Corporate Officer - Corporate Officer Title(s): pr~_~ id¢,n t' "Ftle(s): - Panner---- Limited '% General % Padner---Lirmted _~General - _% Attorney-in-Fact - Attorney-in-Fact - Trustee _- Trustee - _-_ Guardian or Conservalor Guardian or Conservator _-_- Other: Too :! ::-.,.mr. -e'e -- Other: T~a of tour"3 ,'ere GRIFFIN IND_LLSTRTEg, TNZ~. S:gner Is Representing: Signer is Representing: Resolution No. 98-169 Page 5 Exhibit "A" Legal Description Storm Drain Easement A strip of land 25 feet in width being in that portion of Lot 31, Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands in the City of 'Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9 of Maps in the Office of the County Recorder of said County, and also that portion of Lot 1, Block 15 of Tract 2244 as recorded in Book 35, pages 50 through 56 of Maps, Records of said County, and lying 12.50 feet on each side of the following described centerline: Beginning at the intersection of the east line of said Lot 31 with the northerly line of 4th Street (83 feet wide, 50 feet north and 33 feet south), shown on document dated December 29, 1969 recorded in Book 7361, Page 659 Official Records; Thence North 89° 52' 45" West, 840.04 feet along said northerly line to the TRUE POINT OF BEGINNING. Said point bearing South 89° 52' 45" East, 6.70 feet from the southeast comer of document dated June 14, 1979, recorded in Book 9707, page 237, Official Records. Thence North 22° 52' 30" East, 165.05 feet to the beginning of a curve concave southeasterly and having a radius of 22.50 feet; Thence northerly and easterly, 26.41 feet along the arc of said curve through a central angle of 67° 14' 45"; Thence South 89° 52' 45" East, 641.96 feet to a point on the westerly right-of-way line of Golden Oak Road (formerly known as Briarwood Street) as described in Document No. 19970159785 recorded on May 6, 1997, Official Records, records of said San Bernardino County. The sidelines of the above described 25 foot strip shall be prolonged or shortened to terminate at the northerly line of said 4th Street and the westerly right-of-way line of Golden Oak Road (formerly Briarwood Street). Said parcel contains approximately 20,835 square feet (0.48 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: Lockman I & I Associates CONSULTING ENGINEERS AND PLANNERS 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6988 FAX (909) 948-8508 ~onald A. Musser, L.S. 4230 Resolution No. 98-169 Page 6 ~ ~ ' ~ , L - DATA TABLE i I 30' rO~ I ~[ _l_~ W E E T R A I N PLACE __ ~ GO LD E N OAK ROAD - EASEMENT far CONS~TING ENTERS ~ ~A~RS 10281-A ~ADEN~K ~RE~ STORM DRAIN PURPOSES