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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