HomeMy WebLinkAboutRES NO 87-83RESOLUTION NO. 87 - 83
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ACCEPTING BILL OF SALE AND
GRANT DEED REGARDING CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 82-1
(Resolution of Intention No. 955)
field, California,
WHEREAS,
field Assessment
RESOLVED, by the City Council of the City of Bakers-
that:
pursuant to the proceedings for City of Bakers-
District No. 82~1 and Agreement No. 82-105
between the City of Bakersfield and Tenneco Realty Development
Corporation certain public improvements have been constructed by
Tenneco Realty Development Corporation and acquired by the City of
Bakersfield; and
WHEREAS,
transfer of title
in order to complete and establish the date of
Tenneco Realty Development Corporation has sub-
mitted a bill of sale which includes a grant deed as to real prop-
erty not otherwise dedicated or transferred to said City.
NOW, THEREFORE, IT IS ORDERED that that certain Bill of
Sale dated June 15 , 1983, by Tenneco Realty Development Corpora-
tion be accepted and the Grant Deed offered therewith is hereby
accepted and that the recording of said Grant Deed in accordance
with law is hereby authorized.
......... o0o .........
I [{EREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 22nd day of June ,
1983, by the following vote:~.?~
CITY CLERK/and ~;k Officio Clerk
of the Council ~)f the City of
Bakersfield
APPROVED this 22nd day of
MAYOR of~e City of Bakersfield
APPROVED as to form:
~rTY/;j~TORNEY o~che City of
Bakersfield
June
, 1983.
-2-
BILL OF SALE
TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware cor-
poration, herein called "TENNECO", for valuable consideration,
receipt of which is hereby acknowledged, does hereby bargain and
sell and convey to the CITY OF BAKERSFIELD, a municipal corpora-
tion, County of Kern, State of California, herein called "CITY",
pursuant to those certain proceedings known as City of Bakers-
field Assessment District No. 82-1 and Agreement No. 82-105
between CITY and TENNECO dated July 7, 1982, all.of the right,
title and interest of said TENNECO in and to those public improve-
ments set forth in said Agreement No. 82-105. Said transfer,
sale, and conveyance includes, in addition to the above refer-
enced public improvements the following real property wherein
certain of said public improvements are located:
That certain parcel of land within the City of Bakers-
field, County of Kern, State of California, described in the Grant
Deed attached hereto and by reference incorporated herein.
TO HAVE AND TO HOLD all and singular said goods,
chattels, real and persona]. property and rights forever.
TENNECO does hereby covenant that it is the lawful
owner of said goods, chattels, rights and property, both real
and personal; that said public improvements and real property
are free from all encumbrances, except taxes not delinquent;
that TENNECO has the right to sell same and it will warrant and
defend same against the lawful claims and demands of all persons
contesting said transfer.
A Warranty of the public improvements concerned herein
is given in accordance with the standards of the Department of
Public Works of the City of Bakersfield regarding subdivision
off-site improvements specifically for the period from June 1,
1983, thru May 31, 1984.
DATED: June /~ , 1983.
TENNECO REALTY DEVELOPMENT CORPORATION
( "TENNECO" )
By
e President
A~sis~ant Secretary
APPROVED AS TO FORM:
/S/ Richard J. Oberho]zerI
City Attorney
RECORDING REQUESTED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware corporation, herein-
after called "Grantor", hereby grants to the CITY OF BAKERSFIELD, a
California municipal corporation, hereinafter called "Grantee",
(a)
all that certain real property in the City of Bakersfield,
Kern County, California, described as parcel (1) "Lift
Station Site" on Exhibit A attached hereto and made a part
hereof, hereinafter called the "premises"; and
(b)
(c)
an easement for ingress and egress to and from said parcel
(1) over and across a strip of land described in parcel (2)
of said Exhibit A, together with the right to install,
operate and maintain a water pipeline within said strip of
land identified as "Access and Water Pipeline Easement For
Lift Station"; and
easements and rights of way to lay, construct, operate,
maintain, repair, reconstruct, change the size of and
remove sanitary sewer pipe lines and appurtenant and
necessary surface and subsurface structures, fittings and
other equipment, in, under and across those certain strips
of land described in parcels (3) and (4) of said Exhibit
A, "Pipeline Easement(s)"
EXCEPTING AND EXCLUDING from said parcel (1), all oil, gas and
other minerals contained within said property, together with
other rights as excepted and reserved of record by Grantor's
predecessors. ·
SUBJECT to the lien for taxes and to all existing easements,
servitudes and rights of way, if any.
As a material part of the consideration for this Grant Deed, Grantee
agrees that the premises shall be developed and used for a sewer lift
station only, which restriction shall be a condition and covenant running
with, burdening upon and benefitting the premises and every part thereof
from and after the date hereof; and Grantee further agrees that should
Grantee fail to use or maintain the premises for such purposes for a
period of three (3) years, Grantor shall have the right to rescind this
Grant Deed and to recover title to the premises free of'the effect
hereof, and Grantee, by its acceptance of this Grant Deed, hereby
authorizes Grantor to effect such rescission and recovery of title by
the recordation in the Office of the Kern County Recorder of a unilateral
instrument executed by Grantor in which is recited the names of Grantor
and Grantee, reference to the date and place of recordation of this Grant
Deed, the description of the premises and the statement that such
instrument is being recorded pursuant to the terms hereof on account of
the inability or failure of Grantee to satisfy the condition hereinabove
set forth.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed this 3rd day
of February, 1983.
TENNECO REALTY DEVELOPMENT CORPORATION
) By /~//~ Vice President
and by //~A s s~i~t/an/~Secr e~t a ry
STATE OF CALIFORNIA )
)SS.
COUNTY OF KERN )
On February 3, 1983, before me, the undersigned, a Notary Public in and
for said State, personally appeared CHARLES H. TOLFREE and WAYNE E. BROOME~
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument as Vice
President and Assistant Secretary, on behalf of TENNECO REALTY DEVELOPMENT
COR~OF~TION, tke ¢:o;;pordtion Lhe£~in named, and acknow~ed~e~ to mc tha~
such corporation executed it pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signature
ANDREA L. BRITT
NOTARY PUBLIC - CALIFORNIA
BOND FILED ~N
KERN COUNTY
GOSFORD ROAD AND DISTRICT BLVD. LIFT STATION
FOUR PARCELS OF I~ND IN THE SOUTHWEST QUARTER OF SECTION 16 T.30S., R.27E. DESCRIBED AS
FOLLOWS:
(1) LIFT STATION SITE
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF GOSFORD ROAD WITH THE CENTERLINE OF
DISTRICT BOULEVARD, AS SHOWN ON PARCEL MAP NO. 6170, FILED IN BOOK 28 OF PARCEL MAPS AT
PAGE 196, IN THE OFFICE OF THE COUNTY RECORDER OF KERN COUNTY, STATE OF CALIFORNIA;
THENCE S00°39'42"W, ON AND ALONG THE CENTERLINE OF GOSFORD ROAD, WHICH IS ALSO THE WEST
LINE OF THE SOUTH HALF OF SECTION 16, A DISTANCE OF 145.331 FEET; THENCE S89°20'18"E,
70.00 FEET, TO A POINT ON THE EAST RtGHTiOF-WAY LINE OF GOSFORD ROAD; THENCE CONTINUING
S89°20'18"E, 10.00.FEET, TO THE TRUE POINT OF BEGINNING; THENCE N00°39'42"E, 65.154
FEET, TO A POINT HEREAFTER KNOWN AS POINT "A"; THENCE S89°12'44"E~ 70f143 FEET, TO A
POINT HEREAFTER KNOWN AS POINT "B"; THENCE S00°47'16"W, 65.00 FEET; THENCE N89°20'18"W,
70.00 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 4560 SQUARE FEET.
(2) ACCESS AND WATER PIPELINE EASEMENT FOR LIFT STATION
COMMENCING AT POINT "B"; THENCE N89°12'44"W, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N89°I2'44"W 10.00 FEET; THENCE N00°47'I6"E, 35.00 FEET, TO A POINT ON THE FUTURE
SOUTN RIGHT-OF-WAY LINE OF DISTRICT BOULEVARD; THENCE S89°12'44"E, ON AND ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE S00°47'16"W, 35.00 FEET, TO THE
-TRUE POINT OF BEGINNING.
(3) PiPELiNE EASEMENT
A TWENTY (20) FOOT STRIP OF LAND FOR PIPELINE PURPOSES WHOSE CENTERLINE IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE TRUE POINT OF BEGINNING OF PARCEL ONE; THENCE S89~20'18"E, 21.315
FEET TO TRUE POINT OF BEGINNING OF THIS PARCEL; THENCE S45°47"18"W, 44.189 FEET, MORE
OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF GOSFORD ROAD. END OF DESCRIPTION.
(4) PIPELINE EASEMENT
A TIIIRTY (30) FOOT STRIP OF LAND FOR PIPELINE PURPOSES ~{OSE CENTERLINE IS DESCRIBED AS
FOLLOWS:
COMMENCING AT POINT "A"; THENCE S89°12'44"E, 0.216 FEET; TO THE TRUE POINT OF BEGIN-
NING; THENCE N44°13'13"W, 12.937 FEET; THENCE N51°48'36"W, 0.826 FEET, MORE OR LESS, TO
A POINT ON EAST RIGHT-OF-WAY LINE OF GOSFORD ROAD. END OF DESCRIPTION
5570 929
80 ? 36
A/b'-\IL ]O, CITY CLERK'S OFFICE
CITY HALL
1S0! TRUXTU,",I AVENUE
BAKEL'SFIELD, CALIFORNIA 93301
REbOhVEI) ~ by
field, California, that:
tiR' ~'ir,:, i' until ~)f the City
A:;sessment: District ;1oo ~.!-i and Ag] eom,~nt No. 82-105
certain
Tenneco Realty l'X~ve]opmont Col pocauion and acquired by Lh~.~ ('tty oi:
WIN]RIfiAS, in 0¢',]*:t7 t.o C~)m!.,I*,LE, and esLablish the date
transf,.~r of title .... Realty Ii_~vel. o£mtent
reit:ted a bJ [l of sale which J. ncltnJe:-; a guant deed as
ecty not otherwise dedicated or transLetted to said City.
NOW, THEREFORt;;, I'[' IS ORDERED that that certain Bill of
Sa].e dat,~d June ]5 , 1983, by Ten~teco Realty Levelopment
Lion bu accepted and the Grant Deed offered therewith is hereby
accepted and that the reco~'ding of said Grant Deed in accordance
with law is hereby authorized.
........... o0o ............
I III;REBY CER'f'IFY that the forego] nu Resolution was
pass~!d and adopted by the (>>unciL 3t[ the City oil F!akc'~st-ield at
1 egulal: meet [ng
1983, by the following
thereof hehi ,)n tn~: 22nn day of 4une ,
vote:,:., ,, ...
t' :' i,, h"=:;"L"'~' -' '-~¢~ ......
't-7, ,. u -,: ~
/ /~.L-~.7-~- / ,' ,
CITY CLERL/and P}~ Officio t. lerk
of the Council 6f the City o~
Bakers[ fold
, ,5570 f'^a 930
~9~ ~.
~IA'fOF,: of ~jhe Cit'f of a~el':~flc, id
~PORNE¥ o~the Citv-~
Bakersfield ·
STATE OF CALIFORNIA, }
County of Kern ss.
l, PHILIP KELMAR, City Clerk of the City of Bakersfield, State of California, hereby certify the foregoing and annexed to be
a full, true and correct copy of the original _. Reso 1 ut i on No. 8 7-8 3
Passed and adopted by the Council of the City of Bakersfield at a
_ regular meetJ. n~ thereof held on the 22nd day o:f June, 1983. _
on file in this office and that ! have compared the same with the original.
WITNESS my rand and sea th~s __:24th day of June 19 83
By
PHILIP KELMAR, City Clerk
.. Assistant City Clerk'~
Deputy Clerk
BILL OF SALE
5570 931
TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware cor-
poration~ herein called "TENNECO", for valuable consideration,
receipt of which is hereby acknowledged, does hereby bargain and
sell and convey to the CITY OF BAKERSFIELD, a municipal corpora-
tion, County of Kern, State of California, herein called "CITY",
pursuant to those certain proceedings known as City of Bakers-
field Assessment District No. 82--] and Agreement No. 82-]05
between CITY and TENNECO dated 3uly 7, 1982, all of the right,
title and interest of said TENNECO in and to those public improve-
ments set forth in said Agreement No. 82-105. Said transfer,
sale, and conveyance includes, in addition to the above refer-
enced public improvements the followin~ real property wherein
certain of said public improw~ments are located:
That certain parcel of land within the City of Bakers-
field, County of Kern, State of California, described in the Grant
Deed attached hereto and by reference incorporated herein.
TO HAVE AND TO HOLD all and singular said goods,
chattels, real and personal property and rights forever.
TENNECO does hereby covenant that it is the lawful
owner of said goods, chattels, rights and property, both real
and personal; that said ~ub14c improvements and real property
are free from all encumbrances, except taxes not delinquent;
that TENNECO has the right to sell same and it will warrant and
defend same against the lawful] claims and demands of all persons
contesting said transfer.
A Warranty of the public improw~ments concerued herein
is given in accordance with the standards of the Department of
Public Works of the City of Bakersfield regarding subdivision
off-site improvements specifically for the period from June 1,
1983, thru May 31, 1984.
DATED: Jnne /4~ , 1983.
TENNECO REALTY DEVELOPMENT CORPORATION
( "TENNECO" )
By _~~/~Vice President
By
A=s ~s~ant Secretary
APPROVED AS TO FORM:
// /' /~.
-- d~~ City Attorney
5570 932
5565 t 88
I,~ }~A N T DEED
after- called "Grautor", hereby grants to the CITY OF BAKERSFIELD, a
here ~naf~er called "Grantee",
California municipal corporation, ' ~- -
(a)
all that certain real. p::'~pezty in the City of Bakersfie]d,
Kern County, California, described as parcel (1) "Lift
Station Site" en ExhibiL A a~tached hereto and made a Dart
hereof, hereinafter ca] led the "premises"; and
(b)
(c:)
an easement for inqres~ and egress to and fuom saLd }parcel
(1) over and across a stri. oot ]snd described in ~arcc~l (2}
of said Exhibit A, togekher with the right to install,
eperate and maintain a waLer pipeline within said strip of
land identified as "Access and Water PLpeline Easement For
Li. ft Station"; and
easements and rights of way to lay, construct, op,~rate,
maintain, repair, reconstruct , change the size of and
re_move sanitary sewer pipe ]lnes and appurtenant and
uecessary surface and subsur! ace structures, fittings and
other equipment, in, under and across those certain strips
ef land described in parcels (3) and (4) of said L'xhibit
A, "Pip~,~line Easemoht (s}"
EXCEPTING AND EXCLUDING from said parcel (1), all oil., gas and
other minerals contained withhi said property, together with
other rights as excepted and reserved of record by Grantor's
predecxssors.
SUBJECT to the lien for taxes and to a]l exi£th%g easements,
servitudes and rights of way, if any.
AS a material part of the consideration for this Grant Deed, Grantee
agrees that the premises shall be developed a~d used for a sewer lift
station on],/, which restriction shall be a condition and covenant running
with, burdeninq upon and benefittinq the prentises and every part therue[
from and aftc. F Lh~ date hereof; and { ~ ~
Grantee f t~ 1 to '~',:~ ,
period of th/ee (3) years, 'Srantcr sha~l hawe th~ ~;iqht to eselne this
Grant Deed and to recover title ~o th~ }-~ '~' ~'
[ ~eml..e.~ free cf the effect:
hereof, and Grant:ee, by it:s accq:c~c'e of t::bJs ( rant D~ed, h~.reby
authorizes (;rant..~r to effect such rescission ahd recovery of title by
the [-ecorda~ion in the Office of the ~' ' ,
..e~ n County Recorder of a unilatera ~
instrument executed by Grantor ih %~hich is recited the names of Grantor
and Gz-an~ ee, reference to the date arid place of recordation of this Grant
Deed, the alescript [on of the premises and th.~ statement that such
the inabi][ty or failure of Grabtoe to satisfy the contilt.ton hereinabove
set forth.
f
. ~,~ o565 ;~,, ~!'~90
IN WITNESS NHtiRIiOF, Grant,Dr has ,.x~cu~ed this ,Gra ~t. Deed zhis 3rd day
of Peh~uary, 1983.
.z,~L~pj4~.x. TENNECO REALTY DEVELOPMENT CORPORATION
IS/oo' '%%\ ,,
I~1 ~:= ~ ~,: ~%~ 'v-~ President
Assistant Secretary
STATE OF ?AL !,)RNIA )
COUNTY OF KERN )
On February 3, 1983 before me, the andersigned, a Notary Public in and
for said State, personally appeared C}IARLES H. TOLFREE and WAYNE E. BROOME,
personally khown to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instuument as Vice
President and Assistant Secretary, or: beb, a!f of TENNECO REALTY DEVELOPMENT
CORPORATION, the corporation therein named, and acknowledged to me that
such corporation executed it pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signature
ANDREA L. BRITT
~ ~'oI}, ',,~
5570 933
CEliTI FICATE ()F ACCt'.TPTANCE ?,,~r;, 5565
Tills IS TO CERTIFY that the inl.<'~'es~ in rt:~ property c<mv<.yed by ~he deed or gr~L dated
February ::;, 19S:~ ~ . ' - ' '
.................. . ....................... from q~nn,..~ < I~ealty Der
t,o City of BakersfMd, a politicaJ corDoFatloll and/tgr gow~rnmental agency is hereby accepted by order
,. , June
of the Council of the C4t5 of Bakersfield ~>u .................................. , ~d the:
grantee consents to recordation thereof by its duly authorizt~d officc~',, '
.................... MAYOR of the ~Jty of 3ake~field,
GOSFO~D ROAD ANI) DISTRICF BLVD. LIFF STAP[ON
Boo, 5570 935
FOUR PARCP. LS OF lAND IN 'FltE SOUTH~;EST QUARTER OF SECTION 16 T.30S., R.27E. DESCRIBED AS
FOLLOWS:
(1) L1FT STATION SITF
COMMENCING AT THE INTERSECTION OP TtIE CENTERLINE OF COSFORD ROAD WITN THE CENTERLINE OF
DISTRICT BOULEVARD, AS SItOWN ON PARCEL M~ NO. 6170, FILED 1N BOOK 28 OF PARCEL MAPS Af
PAGE 196, IN THE OFFICE OF THE COUNTY RECDRDER OF ~(ERN COUNt, STATE OF CALIFORNIA;
THENCE S00°39'42"W, ON AND ALONG THE CENTERLINE OF GOSFORD ROAD, ~ICH IS ALSO THE WEST
LINE OF TUE SOUTH HALF OF SECTION 16, A DIFTANCE OF 145.331 FEET; THENCE S89~20'
70.00 FEET, TO A POINT ON THE EAST Ri<]HT-OF'-WAY LINE OF GOSEO[~ RO~; THENCE CONTINUING
S89°20' 18"E, i0.00. EEET, TO TtIE TRUE POINT OE BEGINNIN(; THENCE NOO*39'42"E, 65. l
FEET, TO A POINT HEREAFTER KNOWN AS POIN't' "A"; T}IENCE S89°12'44"E, 70.143 FEET, TO A
POINT HEREAFTER KNOWN AS POINT "B"; THENCE S00~47'16"W, 65.00 FEET; THENCE N89~20'lS"W,
70.00 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING 4560 SQUARE FEET.
(2) ACCES8 ANI) WATER PIPI".],[NE E:\.:,}:,bh..JT FOR LIFT STATION
COMMENCING AT POINT "B"; THENCE N89°I2'44"W, 10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N89°I2'44"W i0.00 FEET; THENCE N00°47' 16"E, 35.00 FEE'P, TO A POINT ON THE FUTURE
SOUTH RIGHT-OI;-WAY LINE OF DISTRICT t~OULEVARD; THENCE S89°12'44"E, ON AND ALONG SAID
RIGliT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE S00°47'16"W, 35.00 FEET, TO THE
TRUE POINT OF BEGINNING.
(3) PIPELINE EASEMENT
A T%'ENTY (20) FOOT STRIP OF LAND FOR PIPELINE PURPOSES WHOSE CENTERLINE IS DESCRIBED AS
FOLLOWS:
COMMENCING AT THE TRUE POINT OF BEGINNING DE PARCEL ONE; THENCE S89°20'18"E, 21.315
FEET TO TRUE POINT OF BEGINNING OF THIS PARCEL; THENCE S45°47"18"W, 44. [89 FEET, MORE
OR LESS, TO A POINT ON Tile EAST RIGIFF-OF-WAY LINE OF GOSFOP, D ROAD. END OF DESCRIPTION.
(4) P1PEi,INE EASEHENT
A TtfIRTY (30) FOOT STRIP OF LAND FOR PIPELINE PURPOSES WttOSE CENTERLINE IS DESCRIBED AS
FOLLOWS:
COMiffENCING AT POINT "A"; THENCE S89°t2'44"E, 0.216 EEET; TO TUE TRUE POINT OF BEGIN-
NING; THENCE N44°I3~I3"W, 12.937 FEET; THENCE .~51°48'36"W, 0.826 FEET, MORE OR LESS, TO
A POINT ON EAST RIGH'F-OF-WAY LINE OF COSFORD R~]AD. END OF DESCRIPTION