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Home My WebLink About09-215 - Resolutions RESOLUTION NO. 09-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXISTING STORM DRAIN EASEMENT AND RIGHT OF ENTRY TEMPORARY EASEMENT LOCATED AT 13233 FOOTHILL BOULEVARD, WEST OF EAST AVENUE WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate the existing storm drain easement and right of entry temporary easement that been superseded by relocation, located on the south side of Foothill Boulevard, west of East Avenue; and WHEREAS, on October 14, 2009, the Planning Commission determined that the vacation of existing storm drain easement and right of entry temporary easement located on the south side of Foothill Boulevard, west of East Avenue, is in conformance with the General Plan and recommended that the vacation occur; and WHEREAS, the City Council found by all the evidence submitted that the existing storm drain easement and right of entry temporary easement are not required for storm drain purposes due to relocation; and 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 existing storm drain and right of entry temporary easement located on the south side of Foothill Boulevard west of East Avenue as described in Exhibit "A" and shown on Exhibit "B". SECTION 2: That the subject vacation shall be subject to the reservation and exception, if any, for existing utilities on record. SECTION 3: That from and after the date the Resolution is recorded, said storm drain easement and right of entry temporary easement no longer constitute a public easement. 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 PASSED, APPROVED, AND ADOPTED this 4th day of November 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo NOES: None ABSENT: Williams ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: aa/� Lam. a4� nice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, 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 4t" day of November 2009. Executed this 5'" day of November 2009, at Rancho Cucamonga, California. ce C. Reynolds, City Jerk Resolution No. 09-215 - Page 2 of 9 EXHIBIT "A" Legal Description For Vacation of Storm Drain Easement Being Parcel "2" along with the Right of Entry —Temporary Easement—Drainage Acceptance of that certain Document No. 19990247347, Official Records; dated .Tune 9, 1999 in the City of Rancho Cucamonga, County of San Bernardino, State of California. See Document No. 19990247347, Official Records dated June 9, 1999 attached hereto and made a part hereof. Prepared bv: Dan Guerra& Associates 10271-B Trademark Street Rancho Cucamonea, CA 91730 PROFESS/p/v �2�0 E. CUFA D 'el E. Guerra Dat — m R E. 29224 R.C.E. 29224 Expires 3-31-2011 Sr civi �' ArF OF cp05O`er Resolution No. 09-215 - Page 3 of 9 ROccroGd in Official Rai !s, County of San 3arnardino, Larry Wd!k.or, Racordiar Assessor Parcel No.: Doc No . 19990247347 3 : 00pm 06/09/99 RECORDING REQUESTED BY it J6 1111��iCQll i 4l: B f aU1 City of Rancho'Cucamonga 'NHEN. RECORDED-MAIL TO n 9'1"71 t F-1 I rl e n W F-1 City Of Rancho Cucamonga r° eE� I arr •lKs 1 rx Err Ioercrriwo eu)re■rn I ecen P.O. Box 907 �� 1 Rancho Cucamonga, CA 91730 IS—S \ --- —'-------------- Yaa sl u svr I ,.I�,.a I 7MXS rax I ox :wx: I exaal MAI'.TAX STATEMENTS TO DOCUMENTARY i RANSFER TAX, IJGNE N.". - _COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Slrcl OR COMPUTED ON FULL VALUE LESS LIENS AND Donald PI 1.. ENCUMBRANCES REMAININC ATTIME OF SALE. cy s 10766 Boulder Canyor Road GI i ( D= 2hRGt a Cx ?V�o•rC ,4 Stale: Alta Loma, CA 91737 SlpnaWre at Declarant w Apenl tlelennininp lax, F1'm Name EASEMENT FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, t�e� Donald J. Plyley, Marjory L. Carson and Janice L. , Pun}; as Tenants in Common ' 011ANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an Easement for storm drain and related, purposes , in., over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State.of California, described and shown on the aiL�ched EXHIBITS "A" and "B" Dated Signature Name Typedor Printed Zb- 99 ate _ u �u�� M"t I ry L or7 I' R� This is to certify that the interest in real property conveyed by fhc within instrument to the City of Rancho Cucamonga, a City ft24-9g ncorporated under lie Incas or the State or Calirornia, is hereby accepted by order of the City Council, and the Granlee consuits to the recordation'thereof by its duly authorized officer. O eh iF Dated 13y 2 � & �� RCE Scal A i i ACH COMPLETED NOTARY ACK,N'OwLEDGEMENT(S9 TITLE CO. A6 U' •.,.-:.. • •. .. OR AS TO ITS u`EoT UPON TIT.E, S2: 3_S:2CC_aG,'n DOC'�.':I e_`-S 22C.JOC_TD _SC$.?<,3_/. P2 Ste, O- - e�O?SG?D .7�r�.T.9B ` esolution No. 09-215 - Page 4 of 9 CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT NA 5907 State of 0 A County of15 C," o In 261 I `l`i -i before me, t) OF n j uv� 0 71YcI Lt(�IIC DATE NAME. OF OFFICER-C.G. 'JANE UJE,NOTARY T. personally appeared l�or,c, d ,, Til y,iC4 zt or , CArSo �AnICL I NAIdE(SI FSIGN'cR(S)personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) '*are suoscribed to the _within instrument and ac- knowledged to me that fA/ /they executed the same in : >t/t e, /their authorized capacity(ie;), and that by rrpsf5r'r/their signature(s) on the instrument the'person(s), or the entity upon. behalf,•of.which the persons) acted, executed the instrumlent. _ &NIAL Y A. THORNTON Cc, ITAI 1.142060 . uorAArlUBgc-au _� WfTNESS my hand and official seal. •SaBxw o firo County'nty,.. Mr CcmrR, ipxee July II,3W1 SIGNATURE OF NOTARY 1 OPTIONAL . Though the data below is not required by law, it may prove valuable_ to persons relying on the document and Could prevent fraudulent reattacnment or this iorm. CAPACITY CLAIMED BY SIGNER DESCRIPTION,OF ATTACHED DOCUMENT . INDIVIDUAL ❑ CORPORATE OFFICER ) " SAS 2m�nT" Tm-E(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) L LIMITED ❑-GENERAL1-3 6h0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMoER 0,P? C:cS ❑ GUARDIAN/CONSERVATOR GTHER:i 2i'I r:-n Tom• in - C'�..7.-,r-7 DATE OF DOCUMSNT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTTY(IEs) - `--= SIGNERS) OTHER THAN'NAMED ABOVc DISS3 NATIONAL NOTARY ASSOCIATION-8235 nemmel AVG,P O eox i.B6-Canova Perk,"'A 3;3pg;18a San DOC' 'e O-tae a-o,. �2G vg.76 t C„— DOC-T3 Resolution No. 09-215-Frage 5 dz9` EXHIBIT "A" STORM DRAIN EASEMENT DEDICATED TO THE CITY OF RANCHO CUC-AMONGA Being portions of the northwest '/4 of Section 9, Township 1 south, Range 6 west S Demardino base and tnerlQiari in i ,; ' an he C'.I of Rancho Cucamorca, Count; of Saa Bernardino, State of California, as described' in Document No. 19970469382, Officia December 22, 1997, described as follows: 1 Records dated PARCEL "1" A 25.00 foot wide strip of land, the centerline more particularly described as follows: BEGIIVNVCG at a point on the westerl}` lite of herein described document, said point bears S 21° 16' 02"W a distance of 48.56 ret from the nor hwesterly corner of said document; THENCE N 890 23' 35"E along a Iine parallel with (measured at right angles) and 95.00 feet southerly of the centerline of Foothill Boulevard a distance of 91.71 feet to Point "A", The sidelines of above described Parcel "I'" shall be extended or shortened to meet at angle points and shall begin at the westerly line of herein described document and.shall end at aline drawn perpendicular in the terminus of said Point 4 PARCEL"' `1 A 48.00 foot wide strip of land, the centerline more particularly described as follows-, BEGLN`*LING at herein.described Point "A'; THENCE N.89° "' 35"E along a line parallel with(measured at right anzies) and 95.00 feet southerly of*Lite cent dine of Footit 113oulevard a distance of 1.00 foo a point on a curve concave southwesterly having a radius of90.00 feet; THENCE easterly, and southeasterly along said curve throuch a cetin. . zngl= of 32° 28' 03" an arc length of 5 1.00 feet. The sidelines of above described Parcel "2" shall be extended or shortened to meet at angle points and shall begin on a line drawn perpendicular to the terminus of Parcel "I" and,to end on F line drawn pe..pendicular to the terminus of Parcel "2 See attached Exhibit "B" attached herewith and made a pat;hereof. Prepared by Derbish, Guerra& Associates 5331 Utica Avenue„Suite 150 Rancho Cucamonga, California 91730 .__- ✓._:. +fit . vI ~_�Ttl Vv, air titi' D lel E. Guerra i I RCE 29224 '�7 R r�r Date Expires 3-31-03 42025�26 ._:--"�=_ Resolution No. 09-215 - Page 8 of 9 N.E. COR. N.W. 1 /4 CENTERLINE FOOTHILL BLVD. (RT. 66). SEC-9,T1 S.., FOOTHILL BOULEVARD R6W. -- -- - - -P..O.B.-1 _f ARCEL Oil1- -- S89'23'35"W r,o 3 SE269.40D2 1,1�1Qf1 - AR L Rp`rloq'q. / 521'16' "1'>`—'� - - , i11�QC. �� c• Gp �c�:, 48.56' 2 11` .ate F -,�.. , �j )(� ✓ .- V cr \ W O Co .Ln cn Z in co L IL C Ln Z ® R=90.00 0 o� L=32'28'03" o o cv T=26.21' �- N89'23'35" E" Y 1071 .37' L, uo O co :—W 0 50 D0 C7� O SCALE 1"=100' Ln r 0-) O Z N89'23'40" E 2089.40' Y EXHIBIT " B" t4AP SHALL ACCOA(PANY GAL DESCRIPTIOF! - Jecc::=_r t-=_- Doc' i_ Ftesofu�ion-Ao-X9-2'1 6,�*agt 7=0f9 Right of Entry—Temporary Easement Drains e ACC ounce We hereby state that we are the record property owners of the property shown on the attached exhibit leeally described as a portion of the No;hwest %. of Section 9, TI S, Row, SBBM (also known as San Bernardino County Assessor's Parcel No. 229-041-10), and h reby consent to the installation and.maintenance of the improvements denoted on the attached exhibit by R- C. homes, L.L.C. and/or its heirs, age,:+s and assigns, and agree to accept the drainage until such time as altemate drainage facilities are c to the satisfaction of the City of Rancho Cucamonga. onstructed l Donald J. Ply ey Daze "1 rim AZazjoryL.'Ca on Date Janiee. Funk Date by City ofl R echo Cucamonga ------------ ,- Dan Ism' , Senior Civil Eneireer ---� Date _ _2025`-=67 s cam.- z,�: � esofui°onsKro. 09f5=z�gg��6f® o n 1. 'U 4 § �---ti-'i--- _. I_ l.'PLp6l--•-- - - PZ _4 I P, "tCD t Jr CD CQ - , - , . l _ _ _ �; N4HT •� Gt[1•Y jTiLli AP( v. _ ----- -L h.4d4951_CI7611 ItECC{iUER'S hLh1p. - IYXYl RECCY2D 1_Y�TO(]l1aUIY' Or CPJGIIOL LK CUAB-Ir