HomeMy WebLinkAboutRES 2011-27RESOLUTION NO. 2011-2_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ACCEPTING THE QUITCLAIM DEED FROM RYLAND HOMES OF
CALIFORNIA, INC., OF ITS INTEREST IN PROPERTY LOCATED IN
THE LONGVIEW SOUTH MINI -PARK
A. RECITALS
WHEREAS, RYLAND HOMES OF CALIFORNIA, INC., formerly known as M.J.
BROCK & SONS, INC., ("RYLAND") has agreed to quitclaim its interest to the City of
Diamond Bar in the real property (the "property") described in Exhibit A to this
Resolution;
WHEREAS, acceptance of RYLAND's quitclaim of the property is in the best
interests of the City and its residents; and
WHEREAS, all legal prerequisites to the acceptance of this quitclaim and the
adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Diamond Bar does hereby find that
all of the facts set forth in the recitals of this Resolution are true and correct.
SECTION 2. The City Council of the City of Diamond Bar does hereby approve
and accept the quitclaim deed (attached as Exhibit B) from RYLAND.
SECTION 3. The City Manager is authorized on behalf of the City of Diamond
Bar to execute the quitclaim deed and any and all documents necessary to
consummate the acceptance of RYLAND's interest in the property.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and
cause the quitclaim deed to be recorded in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED this 21stdAwvf June , 2011.
r:
Mayor
2011-27
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution was Passed, Approved and Adopted by the City
Council of the City of Diamond Bar held on the 21st day of June
2011 by the following vote: --
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
Tommye Cribbins, City Clerk
City of Diamond Bar
2011-27
EXHIBIT "A"
1630 Longview Drive, Diamond Bar, California
LOT 52 INCLUSIVE OF TRACT NO. 42559, IN THE UNINCORPORATED
AREA OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 1032, PAGES 69-72 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREEAFTER SITUATED THEREIN
AND THEREUNDER, TOGETHER, TOGETHER WITH THE EXCLUSIVE
RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE
THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS AND TO STORE THE SAME UPON THE SURFACE OF SAID
LAND, OR BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE
RIGHT UPON THE SURFACE OF SAID LAND, OIL, GAS AND OTHER
HYDROCARBONS AND MINERALS, WHICH MAY BE PRODUCED FROM
OTHER LANDS, WITH THE RIGHT OF ENTRY THERE FOR SAID
PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN,
ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM,
ALL PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS,
MACHINERY, BUILDINGS AND OTHER STRUCTURES WHICH MAY BE
NECESSARY AND REQUISITE TO CARRY ON OPERATIONS ON SAID
LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A
PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION
OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR
CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED
FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION,
RECORDED MARCH 29, 1968, AS INSTRUMENT NO. 2456, IN BOOK D3955,
PAGE 185, OFFICIAL RECORDS; AND RE-RECORDED JUNE 19, 1969, AS
INSTRUMENT NO. 776, IN BOOK D4407, PAGE 591, OFFICIAL RECORDS;
AND AS MODIFIED WITH RESPECT TO A PORTION THEREOF BY A
QUITCLAIM DEED RECORDED NOVEMBER 12, 1970, AS INSTRUMENT
NO. 2112, WHICH RELINQUISHES ALL RIGHTS TO THE USE OF THE
SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE
SURFACE OF THE LAND.
ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A
DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE
INCIDENTAL TO THE OWNERSHIP OF ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED BY
DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075,
RECORDS OF SAID COUNTY.
APN: 8713-045-057.
2011--27
"Exhibit B"
2011-27
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, California 91765
Attn: City Manager
MAiL TAX STATEMENTS TO: RETURN ADDRESS ABOVE
�.� 1"Le tier Cion eni» rent Cade i) 103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 8713-045-057
THE UNDERSIGNED GRANTOR DECLARES
DOCUMENTARY TRANSFER TAX IS Noi)ocumenor%Tian<lerTa%nerT:\adonCode I1x22
a computed on full value of property conveyed, or
• computed on full value less value of liens or encumbrances remaining at time of sale.
• Unincorporated area: County of
QUITCLAIM DEED
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
RYLAND HOMES OF CALIFORNIA, INC., a Delaware corporation, formerly known as MJ.
BROCK & SONS. INC., as Grantor, does hereby remise. release and forever quitclaim to the CITY
OF DiAMOND BAR, a municipal corporation, as Grantee, all of Grantor's right, title. and interest in
and to that real property in the City of Diamond Bar, County of Los Angeles, State of California,
described in Exhibit "A, . attached hereto and by this reference made a part hereof.
[Signature is on following page.]
2011--27
DATED as of:�-4c �� 2011
Grantor: RYLAND }-COMES-OF CALIFORNIA. INC.
Tim Geckle. General Counsel
Ryland Homes of California, Inc.
State of California
County of AC{S 1gmq" s
On 74A"e c, a0/1' , 2011, before me. gA1oR,,F,4 A/ a notary
public, personally appeared T who proved to me
on the basis of satisfactory evidence to be tfie person whose name is subscribed to the within instrument
and acknowledged to me that he executed the -same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person 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-
� MmsFaIion. RIOt8R5DBA8N
# C81(Seal)Si*nature --
Notary Public - Calitorn►e
Los Anieles County
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2011--27
EXHIBIT A
(LEGAL DESCRIPTION)
REAL. PROPERTY IN THE COUNTY OF LOS ANGELES. STATE OF CALIFORNIA.
DESCRIBED AS FOLLOWS:
LOT 52 INCLUSIVE OF TRACT NO. 42559. IN THE UNINCORPORATED AREA OF
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 1032. PAGES 69-72 OF MAPS. IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREEAFTER SITUATED THEREIN AND
THEREUNDER. TOGETHER, TOGETHER WITH THE EXCLUSIVE RIGHT TO
DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE THEREFROM SUCH OIL.
GAS AND OTHER HYDROCARBONS AND MINERALS AND TO STORE THE
SAME UPON THE SURFACE OF SAID LAND, OR BELOW THE SURFACE OF SAID
LAND. TOGETHER WITH THE RIGHT UPON THE SURFACE OF SAID LAND. OIL,
GAS AND OTHER HYDROCARBONS AND MINERALS, WHICH MAY BE
PRODUCED FROM OTHER LANDS. WITH THE RIGHT OF ENTRY THERE FOR
SAID PURPOSES. AND WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN,
ERECT. REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM. ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY,
BUILDINGS AND OTHER STRUCTURES WHICH MAY BE NECESSARY AND
REQUISITE TO CARRY ON OPERATIONS ON SAID LANDS, WITH RIGHT TO
ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY
APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS,
INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS
EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968. AS
INSTRUMENT NO. 2456, IN BOOK D3955. PAGE 185, OFFICIAL RECORDS: AND
RE-RECORDED JUNE 19, 1969, AS INSTRUMENT NO. 776. IN BOOK D4407. PAGE
591, OFFICIAL RECORDS: AND AS MODIFIED WITH RESPECT TO A PORTION
THEREOF BY A QUITCLAIM DEED RECORDED NOVEMBER 12, 1970. AS
INSTRUMENTNO. 2112. WHICH RELINQUISHES ALL RIGHTS TO THE USE OF
THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE
SURFACE OF THE LAND.
ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTF{ OF
500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL TO THE
OWNERSHIP OF ALL OIL. GAS AND OTHER HYDROCARBON SUBSTANCES
AND MINERALS WERE QUITCLAIMED BY DEED RECORDED DECEMBER 24,
1981 AS INSTRUMENT NO. 81-1263075, RECORDS OF SAID COUNTY.
APN: 8713-045-057
2011-27