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05-11-2010 CC Rpt A10 COUNCIL AGENDA STAFF REPORT9F7 MONLY Meeting Date: May 11, 2010 2010 MAY —3 AM 8: 2 I Public Hearing: U Discussion Item: C] / OFFICE OF CITY CLERK -a„o.(,�. Consent Item: � CHINO HILLS May 4, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: GRANT OF EASEMENT TO VELLANO HOMEOWNERS ASSOCIATION FOR FUEL MODIFICATION PURPOSES RECOMMENDATION: Execute the attached Grant of Easement to Vellano Homeowners Association, a California Non-profit Benefit Corporation. BACKGROUND/ANALYSIS: As a condition of approval, Tentative Tract 15164 (Vellano) was required by Chino Valley Independent Fire District to provide 100 foot fuel modification buffers along various open space areas adjacent to the single family homes to be built within the tract to provide fire safety. Lots 168 and 169 are within 50 feet of the tract boundary and cannot provide the required 100 foot depth without offsite acquisition. This adjoining parcel is open space owned by the City. As compensation for the easement, the Vellano Homeowners Association is granting a similar waterline and utility easement to the City that is needed for the recycled water reservoir project. This easement is needed to allow construction of a 16-inch waterline connecting the proposed reservoir to the existing recycled waterline constructed within Tract 15164, REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Respectf submitted, Recommended by: L Michael S. Flealeity Manager Steven C. Nix, Cit) Engineer Attachment: Grant of Easement )9/6 [lLI/- WHEN RECORDED MAIL TO: Vellano Homeowners Association c/o Oaktree Capital Management 333 South Grand Avenue,28ih Floor Los Angeles, CA 90071 GRANT OF EASEMENT FOR FUEL MODIFICATION ZONE PURPOSES FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,CITY OF CHINO HILLS,a Municipal Corporation,("Grantor"),grants to VELLANO HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation("Grantee"), a permanent easement, the real property in the City of Chino Hills, San Bernardino County, California,described on Exhibit "I"attached hereto("Maintenance Easement") and incorporated in this Easement Deed by this reference. NOTE: THIS TAX PARCEL HAS NO SEPARATE VALUE AND SHOULD NOT BE ASSESSED A SEPARATE AMOUNT,AS PROVIDED IN SECTION 2188.5 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS GRANT IS SUBJECT TO ALL PROVISIONS OF EXHIBIT"I". Dated: CITY OF CHINO HILLS, A municipal corporation By: Name: Its: tNOTARY PAGE ATTACHED) By: Name: IIs: MAIL TAX STATEMENTS TO: Vellano Homeowners Association c/o Keystone Pacific Property Management, Inc. 16845 Von Karman, Suite 200 Irvine, CA 92606 EXHIBIT "1" MAINTENANCE EASEMENT An Easement for fuel modification area maintenance and related purposes, on, over, across and through portions of Lot Y of Tract 13313-4, filed in Book 200, Pages 18 through 26, inclusive, of Maps, in the Office of the County Recorder of San Bernardino County, as more particularly described in Exhibit"A" attached hereto, and depicted on Exhibit "B" attached hereto, both of which are incorporated herein by this reference, together with such secondary easements for ingress, egress, access, maintenance and repair purposes as are necessary to maintain the fuel modification easement area in accordance with the standards established from time to time, by the City of Chino Hills, California, and the Chino Valley Independent Fire District. SUBJECT TO: I. Non-delinquent general and special real property taxes and public and private assessments; and 2. All other covenants, conditions, restrictions, easements, reservations, rights and rights-of- way of record; and 3. All (a) matters discoverable or ascertainable by inspection or survey of the property, (b) zoning ordinances and regulations and any other laws, ordinances or governmental regulations restricting or regulating the use, occupancy or enjoyment of the property, and (c) any other matters created, permitted or approved by Grantee. [Signatures on next page] EXHIBIT "1" 1-1 EXHIBIT "A" FUEL MODIFICATION EASEMENT BEING A PORTION OF LOT 'Y' OF TRACT NO. 13313-4, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 200, PAGES 18 THROUGH 26, INCLUSIVE, OF MAP BOOKS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 169 OF AMENDING MAP TRACT NO. 15164 , IN SAID CITY OF CHINO HILLS, PER MAP FILED IN BOOK 302, PAGES 13 THROUGH 35, INCLUSIVE, OF MAP BOOKS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 169, NORTH 08°30'03" EAST, 54.16 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID AMENDING MAP TRACT NO. 15164 AND THE POINT OF BEGINNING; THENCE, WESTERLY ALONG SAID NORTHERLY BOUNDARY LINE, NORTH 88°55' 52" WEST, 282 .32 FEET TO AN ANGLE POINT THEREIN; THENCE, CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE, SOUTH 89°24'49" WEST, 121.75 FEET TO THE BEGINNING OF A NON-TANGENT • CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET AND TO WHICH A RADIAL LINE BEARS NORTH 67°25'37" WEST; THENCE, LEAVING SAID NORTHERLY BOUNDARY LINE AND TRAVERSING THE INTERIOR OF SAID LOT 'Y' OF TRACT NO. 13313-4, THE FOLLOWING SEVEN (7) COURSES: 1) NORTHEASTERLY 236.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°49 ' 04" ; 2) NORTH 69°03 ' 57" EAST, 148.30 FEET; 3) SOUTH 71°53 '19" EAST, 109.47 FEET; 4) SOUTH 89°34'39" EAST, 67 .51 FEET; 5) SOUTH 68°00'39" EAST, 141.50 FEET; 6) SOUTH 30°39'43" EAST, 26. 05 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200. 00 FEET AND TO WHICH A RADIAL LINE BEARS NORTH 27°10'26" EAST; 7) SOUTHEASTERLY 112 . 62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15' 51" TO SAID NORTHERLY BOUNDARY LINE OF AMENDING MAP TRACT NO. 15164; THENCE, ALONG SAID NORTHERLY BOUNDARY LINE, NORTH 88°55' 52" WEST, 317.53 FEET TO THE POINT OF BEGINNING. CONTAINING 1.952 ACRES, MORE OR LESS. VAPROMCf3113576.WiSURMAPD°CVFn SOFF.SITMFDEL MOD LOT Y 201QA503.D(%: 1 OF 2 EXHIBIT "A" FUEL MODIFICATION EASEMENT ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS--OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. (rt% UNDER THE DIRECTION OF:JAMES O. STEINES, P.L.S. 6086 FOFCAI s- MAY.Y 23 , 42 201057603 V:WIOhCfS3351407SURMAPIDOC\LEI$ALSiOFI'SRF.UUEL MOD LOT Y 20IDW113.DDC 2 OF 2 EXI-tIBIT 'B ' SHEET 1 OF 1 FUEL MODIFICATION EASEMENT i- .A %I 1'3�1� ,.< Cn \-\0- pe\ .2 SCALE: 1" = 100' -(C2 ' O NO0'23'27"E — --- £4 - A S. 20 (RAD) V1197 ® L5r`J&c177.--Vi/V\ jj x.73 ,rf""."�,! / ' //2//1/7:2% f 1/7 / T ,f// /77 �.'® ./J ,i� /AREA = ±1.952 AG. /// ' / / /%f aft / 1. /// / / /` ,r / F//17;// -.1//,///7 ;'`` 0/22"2-2//7 J ,// „ 7/47///// / N2T10 2G" 7 r / (RAD)f //�K / f, '`. ... . . /f > ! r �`j8'55'S2"W 599.85, f. / f L2 282.32' --1\--- j1^-- //,-/://///2 _._..,'--- t ` 317.53' � NGT25'37 W N'LY UNE -=i i 1—P.O.B. N59'26'17"E L �AD� TR_ NO. 15164 D) J LOT '0' (OPEN SPACE) P.O.G. LOT '0' w (OPEN SPACE) - LOT 168 1' AMENDING MAP o LOT 169 . we 0 TR- NO. 15164 L &, re LOT 203 LOT 202 M.B. 302 / 13-35 LOT 196 ___----N___________-----\ LOT 199 LOT 201 LOT 200 • ( ) = RECORD DATA PER -_ AMEND. MAP TR. NO. 15164 M$. 302 / 13-35 LINE TABLE NO. BEARING DISTANCE OC11,a-LANDS L1 589'24'49"E 54.16' 14, 5� O•STF� G4" '" L2 (58924'49"W) 121.75' w 2 ca c.‘"-- nig". 0 ...-L3 N69'03'57"E 148.30' O cc No.SON 2, JAMES 0. STEINES, P.L.S. 6086 L4 571'53'19"E 109.47' a Exp 12/31/11 L5 589'34'39"E 97.51' * 'k � + - LG 56800'39"E 14150' S •`r L7 530'39'43"E 26.05' T�rZOF CAL\FO� STRNTRC CONSULTING INC. CURVE TABLE I _ 19 TECHNOLOGY DRIVE I NO. I RADIUS I DELTA I LENGTH IRVINE,CA 92616 I G-1I 200.00' I 3215'51" I 112k2' I Sta11teC 949.923.6000 wm.�um - VAprojecfs\13576.00\SURMAP\DWG\SYME8058.dwg 5/3/2010 9:09:15 AM PDT J.N. 2042 357603 ( DATE: 5/3/10