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Home My WebLink About08-027 - Resolutions Recorded in Official Records, County of San Bernardino 2/27/2008 LARRY WALKER 8:00 AM Auditor/Controller — Recorder NC f'eRmemu�eu. f'd'I RECORDING REQUESTED BY: 678 Chicago — San Diego CITY OF RANCHO CU/CAMONGA Doc#: 2008-0084854 Titles: 1 Pages: 7 Vv�� , ��_ �. C. v��e I I IIIIII II IIII II VIII VIII I VIIIA 0.00 Fees �tga� �n Z v Taxe , ^Gl✓iC-t/tA L'alC6'"�✓�L"l� l C " ' 0-00 Othes PAID _—. - - 81.00 — City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 RESOLUTION NO. 08-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF SIERRA MADE AVENUE, GENERALLY LOCATED 97 FEET TO 226 FEET SOUTH OF THE CHAFFEE STREET ALLEY, (SOUTH OF 9T" STREET), v-210, APN: 0227-254-67 Title of Document This Instrument filed for record by Chicago T& Company as an amommoddon on y. N has not been examilta as to its Wlecutlal or as to Its effect upon the tile. RESOLUTION NO. 08-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,SUMMARILY ORDERING THE VACATION OF SIERRA MADRE AVENUE, GENERALLY LOCATED 97 FEET TO 226 FEET SOUTH OF THE CHAFFEE STREET ALLEY, (SOUTH OF 9TH STREET), V-210, APN: 0227-254-67. WHEREAS, by Chapter 4, Article 1, Section 8334(a), of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of Sierra Madre Avenue from approximately 47 feet to 226 feet south of the Chaffee Street Alley, and WHEREAS, the City Council found all the evidence submitted that excess right-of-way is unnecessary for present or prospective public street purposes, it has not been used for more that five (5) consecutive years and no public money was expended for maintenance of same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating that portion of a portion of Sierra Madre Avenue from approximately 47 feet to 226 feet south of the Chaffee Street Alley (V-10), as described in Exhibit"A"and shown on Exhibit SECTION 2: That from and after the date the resolution is recoded, said excess street easement no longer constitutes a public easement. SECTION 3: That from subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities and drainage rights 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. Please see the following page for formal adoption,certification and signatures Resolution No. 08-027 Page 2 of 5 PASSED, APPROVED, AND ADOPTED this 6`h day of February 2008. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None l� Donald J. Kurth, M.D., ayor ATTEST: Debra J. Adar4sAMC, 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 6`h day of February 2008. Executed this 7th day of February 2008, at Rancho Cucamonga, California. Q &-4VZn 29=:--� ebra J. Adan s MC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. On February 6, 2008, before me, KATHRYN L. SCOTT, Assistant City Clerk of the City of Rancho Cucamonga, personally appeared Donald J. Kurth, M.D. and DEBRA J. ADAMS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Kat ryn t. Scott , CMC Assistant City Clerk City of Rancho Cucamonga Resolution No. 08-027 Page 3 of 5 5/8/2007 STREET VACATION EXHIBIT A LEGAL DESCRIPTION (V-210) THAT CERTAIN EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES, GRANTED TO THE CITY OF RANCHO CUCAMONGA BY INSTRUMENT NO. 91-149298, RECORDED MAY 2, 1991, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 29, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4, PAGE 9, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SIERRA MADRE AVENUE AS SAID AVENUE IS SHOWN ON THE MAP OF EUREKA GARDENS TRACT NUMBER 1829, AS PER PLAT RECORDED IN BOOK 28 OF MAPS, PAGE 20, RECORDS OF SAID COUNTY, AND LYING NORTHERLY OF THE NORTHERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD COMPANY CREATED BY DEED RECORDED IN BOOK 630 OF DEEDS, PAGE 148, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING A THE NORTHEAST CORNER OF TRACT NUMBER 12091, AS PER MAP RECORDED IN BOOK 177, PAGES 75 THROUGH 78 OF MAPS, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SIERRA MADRE AVENUE AND THE SOUTHERLY LINE OF LOT 28 AS PER SAID MAP OF TRACT NUMBER 1829; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF TRACT 12091 SOUTH 0°16'09" WEST, 226.45 FEET TO A POINT WHICH IS 240.00 FEET NORTHERLY, MEASURED PERPENDICULAR, FROM THE SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE AS SHOWN ON SAID MAP OF TRACT 12091, SAID POINT ALSO BEING A POINT OF TANGENCY ON A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 45.00 FEET; THENCE SOUTHERLY, EASTERLY, AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 198°00'00", 155.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 17043'51" WEST, 107.59 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 93.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°00'00", 29.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 0°16'09" EAST, 81.23 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 29; THENCE WESTERLY ALONG THE NORTHERLY LINE OF LOT 29 NORTH 89-26'11" WEST, 50.00 FEET TO THE POINT OF BEGINNING. D:\63652\survev\63652-VACA'I'ION.doe Page 1 of Resolution No. 08-027 Page 4 of 5 5/8/2007 STREET VACATION EXHIBIT A LEGAL DESCRIPTION (V-210) EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE SOUTHERLY 240.00 FEET, BOUNDED ON THE SOUTH BY SAID NORTHERLY RAILROAD RIGHT-OF-WAY LINE. ALSO EXCEPTING THEREFROM THE NORTH 97.01 FEET. PREPARED UNDER THE SUPERVISION OF: S.B. & O., INC. C oMARISSA MARISSA CROWTHER, PLS 6152 E�.ptER * 9jo�jl-a0 DATE: �(�� No.6152 OFCAUF�P�\� 1):y6365')l urvev'63652-VACATION.doo Page 2 of 2 Resolution No. 08-027 Page 5 of 5 EXHIBIT ',6' (V-210) SHEET 1 OF 1 - -50.00' ALLEY US 177175-78 � p ^ O Mb � = roo 97.01' '� N Q W WQ Z 589 29 33'W (R) INDICATES AREA TO �RE VACATED„,.(V-210) 51.35” R=93.00" AREA=9,192 SO. FT. o N 4=180000" _ L=29.22' / 'rn -• //%%/�� R=45.00" J1' N 9'5714" 4=1722'10'" 90.00" L=13.64' X8938"19'E (R) o � R=45.00" _ 4 p 0 0--198,00,00" C3 L=755.51' o ARISSA CROWTHER E)p. . Oe) �1 No.6152 � -CA10 NOR THERL Y R/W OF THE A TCR/SON, TOPEKA, AND SANTA FE RAILROAD - U PLANNING ENGINEERING SURVEYING 1035 SOUTH MILLIKEN AVENUE,SUITE E ONTARIO,CA.91761 609635-0335 9096350366 PAX