HomeMy WebLinkAbout97-20 1
5
6
?
8
9
10
11
14
15
16
17
19
20
21
26
RESOLUTION NO. 97-20
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
SUMMARILY VACATING A PORTION OF COMMERCE DRIVE
ADJACENT TO Tile WEST OF RIGtIT-OF-WAY OF US 101 HIGtlWAY
CIIAPTER 4, PART 3, DIVISION 9 OF TIIE CALIFORNIA
STREETS AND IIIGIIWAYS CODE
WHEREAS, Chapter 4 of Part 3 of Division 9 of the California Streets and Highways
Code cmnmencing with Section 8330 authorizes the summary vacation of streets and
highways under specified circumstances without prior public notice of hearing; and
WHEREAS, the specified circumstances exist to vacate a public street as provided
hereafter;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council of the City of Ukiah hereby finds that:
a. The vacation of a public street provided herein is made under the
provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways
Code.
b. The street or highway which is being abandoned by virtue of this
resolution is commonly known as a portion of Commerce Drive in the
City of Ukiah, County of Mendocino, State of California as more
particularly and precisely described on Exhibit "A" which is attached
hereto and incorporated herein by reference as though set forth in full.
c. The summary vacation is made under the following facts:
(1) The portion of Commerce Drive vacated herein has been
superseded by relocation as provided in a Grant Deed by
Redwood Business Park of Ukiah to the City of Ukiah, accepted
, by the City of Ukiah on September 16, 1996, and attached as
1
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
23
25
26
27
28
Exhibit "B" to be recorded in the Official Records of
Mendocino County.
(2) The relocation of said public utility easement does not remove
access to existing public utilities.
2. Based on the above described findings from and after the date this resolution
is recorded, the public utility easement vacated no longer constitutes a public
service easement.
PASSED AND ADOPTED this 18th day of September, 1996, by the following roll
call vote:
AYES: Councihne~nbers
Mayor Schneiter.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Mastin, Malone, Wattenburger, Shoemaker, and
Mayor
ATTEST:
Marge Giuntoli
City Clerk
COMMERCE.2
EXHIBIT "A"
(Commerce Drive Relinquishment)
That portion of Lots 5 and 6, as numbered and designated upon the map of Hastings Suburban
Addition to Ukiah City, filed October 16, 1891 in Book 2 of Maps, Page 169, Mendocino County
Records and more particularly described as follows:
Commencing at the northeast comer of Lot B4 as shown on the map of Redwood Business Park of
Ukiah filed in Case 2, Drawer 47, Page 24, Mendocino County Records; thence N 00°44'21" E,
44.00 feet, lo the southerly line of Lot Al of the aforementioned map of Redwood Business Park of
Ukiah; thence along the southerly line of said Lot Al S 89°15"39" E, 306.56 feet to the Tree Point
of Beginning of this description; thence along a curve to the right from a tangent beating of
S 89° 15'39" E, tttrough a central angle of 43 °21'23" and a radius of 122.00 feet, a distance of 92.32
feet; thence N 44005'44" E, 45.79 feet to the westerly line of U.S. Highway 101; thence along the
westerly line of said ttighway 101 S 06°05'33" E, 117.42 feet; thence leaving the westerly line of
said Highway 101 S 88°20'21" W, 51.27 feet; thence along a curve to the left from a tangent bearing
ofN 01 °39'39" W, through a central angle of 46°54'35" and a radius of 78.00 feet, a distance of
63.86 feet; thence along a curve to the left from a tangent bearing of N 12°47'26'' E, through a
central angle of 102 °03'05" and a radius of 52.00 feet, a distance of 92.62 feet to the Tree Point of
Beginning, all containing 0.15 acres.
Redwooa Empire Title Compan~ '~.
of l%llendoelno County
#lIEN RECORDED MAIL TO:
City of Ukiah
300 West Seminary
Ukiah, CA 95482
MAIL TAX STATEMENTS TO:
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Escrow No.
(file fro.
EXHIBIT "B" ] of 4
SPACE ABACI:' THIS LINE FOR RECORDER'S USE -
GBANT DEED
The undersigned declares that Ihe documenla,y transfer tax is 8 ........... : ................... -T...O..T ........................................... and is
[] compared on the full value of the inleresl or property couveyed, or is
[-J computed on the h,II value less Ihe value o[ ileus or encutnbrances remaiuilr§ Ihereou al the time of sale. The land,
lenernents or really is located in
[] .nlncorl)orated area I~] oily of .... ..U.~.~.]). ................................................................................. and
FOIl A VALUABLE CONSIDERATION, receipt of which is hereby ack.owledged,
Redwood Business Park of Ukiah, a California Limited Partnership
hereby GRANT(S)to City of Ukiah
the following described real property iu the
county o! Mendocino
, state of California:
for legal description, refer to Exhibit "A" attached hereto
Dated 9/16/,96
STATE OF CALIFORNIA
COUNTY OF. Mendoclno
o,r 9/16/ ,I0 9.6. , before rna,
D Mendenhall e 1~gtarY Public [n and for said
Slate, personally appeared. DotlaJd J~. WegFt~r atlci
Gary L. Akerstrom
, personally known to me (or proved to me on tile
basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the witlsin instrument arid acknowledged to
me that he/she/they executed the same tn his/her/their authorized
capacity (les), and thai by his/her/their signature(s) on the instruumut
tim person(s), or the e~tity tJpon behalt of which the person(s)
acted, executed the instrument.
WIIHESS my hand and official seal
SJgnaLure .' '"
Redwood Business Park of Ukiah
A Cali'for'hi~ Limited Partnership
By E1 Dorado Estates Inc
Its General .Par. frier
/.,-;~./'/.-.w"-_,<~ ~'~,,~...~-.7---- . ,
~y~~n. akefstrom, Sec./Treas.
FOR NOTARY SEAL OR STAMP
EXHIBIT "B" 2ol'4
9/4/96
EXIIlBIT "A"
(Commerce Drive Dedication)
That portion of Lois 5 and 6, as nmnbered and designated upon tile map of ltastings Suburban
Addition to Ukiah City, filed October 16, 1891 itl Book 2 of Maps, Page 169, Mendocino County
Records and more particularly described as follows:
Com~nencing at the northeast corner of Lot B4 as shown on tile map of Redwood Businees Park of
I/kiah filed ill Case 2, Drawer 47, Page 24, Mendocino County Records; thence S 89~15'39'' E,
186.56 t~cl, to Iht True l~oinl or' Beginning of this dcscriptimK Ihcncc S 89° 15'39" E, 120.00 I~ct;
thence along a curve to Iht right flora a langcnl bearing ol'S 89° 15'39'' E, tim)ugh a ccnlral anglc
of,10°41'25" and a radius of 78.00 I~ct, a dislancc of 55.39 I~cl; thence along a curve Io thc righl
fi'om a langent bearing of S 12047'26" W, throngb a central angle of 131"04'43" and a radius of
52.00 I~et, a distance of 118.96 feet; thence along a curve to the left fi'om a tangent bearing of
N 36°07'51" E, through a central angle of 53007'48" and a radins of 98.00 Feet, a distance of 90.87
feet to the True Point of Beginning, all containing 0.12 acres.
EXHIBIT "B" 3 of 4
CERTIFICATE OF ACCEI'TANCi~
This is to certify that Ihe interest in real property conveyed by the Deed or Grant, dated
~-'~- [(.. -~ (,. , fro,n Redwood Business Park ofUkiah, a California Limited
Parlnership, to the City of Ukiah, a political corporation and/or governmental agency, is hereby
accepted by order of the undersigned officer on behalf of the Cily Cotmcil pursuant 1o authority
COlfi;erred by resolution of Ihe Cily Council adopled on February l, 1961, and the granlec
conscnls Io recordation thereof by ils duly aulhorized officer.
Candace I lorsley, ~-~
City Manager
CALIFQRNIA ALL-PURPOS.. ACKNOWLEDGMENT
EXHIBIT "B" 4of4
Dale ~ ~ t / iq e and lllle o~ Oili~er (eg. 'Jane Doe, N~o;~ Pub,ic']
personally appeared ~'&arl~O. . ¢-IO~/PU '
N~) el Signer(s)
{~rsonally known Io me - OR - ~ proved Io me on Ihe basis of salisfacto~ evidence to be the person(s)
whose name(s) is/are subscribed Io the within instrument
and acknowledged Io me thai he/she/lhey execuled tile
same in his/her/their aulhorized capacity(les), and Ihat by
his/her/their signature(s) on the instrumenl Ihe person(s),
or lhe entily upon behalf of which the person(s) acled,
execuled lbo instrument.
WITNESS my hand and olficial seal.
OPTIONAL
Though tho information below is not required by law, it may prove valuable lo persons rolyi.g on the docotnent and could prevent
fraudulent removal and roattachmont of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date: ? -] ~:D - ~t ~:~
Signer(s) Olher Than Named Above:
Capacity(les) Claimed by Signer(s)
[] Individual
[] Corporate Officer
Title(s):
0 Padner -- [] Limiled [] General
I'] Allorney-in-Fact
L] Trustee
[.J Guardianor Conservalor
Signer Is Representing:.
top of thumb here
Number of Pages:
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Padner -- [] Limited [] General
{'-1 Allorney-in-Facl
ii Trustee
EJ Guardian or Conservator
Iii Other:
Signer is Representing:
Top of Ihtnnb he~o
O 1994 Nalio~ml Nolan/Association · 19236 Remmel Ave, PO Box 7184 * Ca.oga Palk, CA 91309 7184 Prod No 5907 [leorde~: Cldl ]roll Flee t O00 BI6
' YHIBIT "C" 1 or_
ltECORI)ING REOUESTEI) BY:
City Clerk - City of Ukiah
AND WltEN RECORDED :MAIL TO:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482 o,
GRANT OF EASEMENT
Redwood Business Park of Ukiab, a California Limited Partnership, ("GRANTORS"), do hereby grant,
release, and convey to the City oFUkiah, a Municipal Corporation, ("GRANTEE"), its successors and assigns
forever, a perpetual easement for public storm drain and public utility purposes, ov, er, under, and through
land situated in the City o£ Ukiah, Mendocino Connty, California, owned by Grantor and which is described
as Follows:
ALL THAT CERTAIN REAL PROPERTY situated iii the County of Mendocino, State of California, more
particularly described in Exhibit "A" hereto and made a part hereof.
Grantor agrees that the easement granted hereby includes, but is not limited to, tim right to use, construct,
reconstruct, repair, maintain, and i,spect storm drain facilities and public utilities including, but not limited
to, water lines, sewer lines, storm drains, electric power, street lights, gas lines, and communication lines.
Grantor agrees not to obstruct or conduct any operation which will interfere with the use of such easement
for the purposes as set forth herein. Grantor retains a non-exclusive right to use the property subject to tlm
easement for ingress and egress to its remaining property wi]ich is immediately north of the easement granted
hereby. Grantee agrees not to obstruct or interfere with said use by Grantor, its assignees or invitees.
The provisious hereof shall inure to the benefit of and bind the heirs, successors, assigns of the respective
parties hereto.
IN WITNESS HEREOF, the parties hereto have executed this Grant of Easement this
of ~'" -_..2-~-Z~'~..,,-Z~.~__d~_~.~,._, 1996.
DO(~DMENTAPy TI'~ANSFER ]'AX $
COMla{JIED ON
~ ~ FULL VALUE OF PROPERTY CONVEYED.
OR COMPUTED ON FULL VALUE LESS LIENS AND
.,~/CUMBRANCE. S REHAINING AT TIME OF SAIl:'
EXHIBIT "C" 2ot'5
"GRANTOR"
REDWOOD BUSINESS PARK OF UKIAH
A California Limited Partnership
By:
El Dorado Estates Corporation
A California Corporation. its
General Partner ·.
~"'~L. Ake~'strom, Se . .
CERTIFICATE OF ACCI~PTAI~CE
This is to certi/['v O~at the.i~tterest in real property conveyed by t]~e deed or grant dated
~,.~. Iv, ~7~ r,-,,,,,~g"~~"'e~ i4 ~/~,~. ~ po.? ~o,-po~..,,,
gover,,,,m,,lal agency is hereby accepled by order of fl,e V'd*.g,~ ~ Ogtc~ on ?dq-q ~ .
(or by Ihe undersigned officer or agent on behalf ofll~e City Council pursuant to authority conferred by
resohflion of the City Council adopted on ~J ~ /~/ . ~ and the grantee consents to
recordation thereof by its duly authorized officer. ~~
EXHIBIT "C" 3
EXItIBIT "A"
That portion of Lots 5 and 6, as'timbered and designated upon the map of Hastings Suburban
Addition to U3dah City, filed October 16, 1891 in Book 2 of Maps, Page 169, Mendocino County
Records and more particularly described as follows:
Commencing at the northeast comer of Lot B4 as shown on the map of Redwood Business Park of
Uk/ah filed in Case 2, Drawer 47, Page 24, Mendocino County Records; thence N 00'44'21" E,
44.00 feet, to the southerly line of Lot A1 of the aforementioned map of Redwood Business Park of
Uldah; thence along the southerly line of said Lot Al, S 89° 15"39'' E, 306.56 feet to the Tree Point
of Beginning of this description; thence along a curve to the right fi.om a tangent bearing of
S 89° 15'39" E, ttu'ough a central angle of 43°21'23'' and a radius of 122.00 fe~t, a distance of 92.32
feet; the,me N 44°05'44'' E, 45.79 feet to the westerly line of U.S. ttighway 101; thence along the
westerly line of said Highway 101 S 06°05'33" E, 117.42 feet; thence leaving the westerly line of
said Highway 101 S 88 °20'21" W, 51.27 feet; thence along a curve to the left from a tangent beating
of N 01°39'39" W, through a central angle of 46°54'35" and a radius of 78.00 feet, a distance of
63.86 feet; thence along a curve to the left fi.om a tangent bearing of N 12°47'26" E, through a
central angle of 102°03'05'' and a radius of 52.00 feet, a distance of 92.62 feet to the True Point of
Beginning, all containing 0.15 acres.
Redw ,od Empire Title Compan xmm
of Mendocino County
"C'~ 4 of 5
Cou.ly of
California
Mendocino
9/19/96
......
petsormlly appeared
belore me,
Gary L.
Georgine Williams, Escrow Officer
^kerstrom
I~emonally known Io me - OR - [~] proved to me on Ihe basis o! selislaclory evidence
Io be Ihe person(s) whose name(s) Is/are
subscribed Io lhe within iftslrumenl and ac-
knowledged to me flint he/sba/they execuled
the same in his/her/Iheir authorized
capaclly(les), and Ihat by hts/herllhelr
slgnalure(s) on life inslrulnenl Ihe person(s),
or Ihe enllly upon behalf of which Ihe
person(s) acted, execuled the Inslrumenl.
llllS (;FRIIrlCAIE MUST BE A1-TACIIED TO
11 Il:_ D(}CUME~'II I)ESCnlTTED AT RIGI IT:
WITNESS my hand and olllctal seal.
OPTIOHAL SECTION
IIILE OR TYPE OF DOCUMENT
m OPTIONAL SECTION m
CAPACITY CLAIMEi~ BY SIGNER
~ INDIVIOUAL
SIGHER IS I1EPI1ESEHTIHG:
NAME OF PEngo~($) Off ENTITYII~)
NUMSER OF PAGES
DATE OF DOCUMENT
il c~l,ld pf.vPnl frFiudtJlefll rfl.tl~:hener~ Gl Ihhl form. . SIGNER(S) OILIER TIIAN NAMED AI3OVE
CALIFORNIA ALL-PURPOSE A~KNOWLEDGMENT
EXHIBIT "C" 5 or5
Court,ye,
,// Ntme a~ Title ¢ Offer
personally appeared (vd~)nC/(~O.~ ~[-D P,5/~ ,
-- Name(s)
f~ersonally known to me - OR ~ proved to me on the basis of satisfacto~ evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they execuled the
same in his/her/their authorized capacity(les), and that by
his/her/their signature(s) on the inslrument the person(s),
or lhe entity upon behalf of which the person(s) acted,
executed the instrumenl.
WITNESS my hand and official seal.
OPTIONAL
Though Ihe information below is not required by law, it may prove valuable lo parsons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~'c~J~9 O¢
Docume.l Dale: ? - / 9'-' ? ¢'~
Number of Pages:
Signer(s) Other Than Named Above: ~c~.r'"'/~ L'
Capacity(les) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
Fl Padner--F1 L/m/led [] General
U Altorney-in-Fact
[] Trustee
[] Guardian or Conservator
¢O her:
Signer Is Represenling:
rnp ot Ihumb here
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[:] Partner -- [] Limited [] General
L] Attorney-in-Fact
[] Truslee
[] Guardian or Conservator
[1 Other:
Signer Is Representing:
Top of Ihumb here
Prod. NO. 5~707
Reorder: Call Toll*Free 1-800-878-6827