08_0592752Tremont Ranch
Property Owners Association
280 S. Lena Rd. • San Bernardino • CA * 92409
(Malang Address: P.O. Box 6444 • San Bernardino • t,A + 92412)
Phone: (909) 885 -3435 • Pax: (909) 889 =3706
November 4, 2008
Billie Bachelor & Flora Leckwar
2 7586 Croydon Street
Highland, CA 92346
REFERE SMILEY BOULEVARD GATE MAINTENANCE
Dear Ms. Bachelor and Ms. Leckwar:
For the purpose of access to your property, this letter is to serve as authorization
to allow you to travel through the existing electric gate installed on Smiley
Boulevard without being assessed maintenance costs for the gate.
Respectfully,
TREMONT RANCH PROPERTY OWNERS ASSOCIATION
William W. Bonadiman
President
Aseodadon Att my: Aasmieflon Finencial Inefftutlon: Associeibn AccoLftnt:
Peter E Rwo' h4 Mmmy at Law QreM Q Smysar, Y.P., Reg. Mqr, Mon 9pe&M CPA
Fire, NOW$ i Prins Tomemb Way Bank Meikst, Johnson 8 Rserdon
0MkMaAAw.,ftMRkN5kyCASM =WudEigrh*WW.01L2tW.0dVkCAKM 3V0k4hM0gftftt, L=Q.aajftCA9 /7N
wx raiisa►sn .Fv (M) 304= ft p00140zae -ft t4o3hUnarar Pk 04"ma -Fro jW)9{24W
EXHIBIT "C"
LOCATION PLAT
ZA�s
EASEMENT A
NE COR. SEC. 16
T. 2 S, R. 3 W. J
INST. 404338
REC. 10/20/94
ORDER OF CONDEMNATION
INST. 221584
REC. 6/24/97
CENTERLINE SMILEY BLVD.
INST. 387853
REC. 10/6/94
EASEMENT B
PARCEL MAP
28191
P.M.B.
]96/26 -28
SW COR. PARCEL MAP 28191
EAST 1/4 COR. SEC. 16
T. 2 S, R. 3 W.
LEGEND:
INST. 399224
REC. 10/17/94
EASEMENT B --/'
INST. 399223
REC. 10/17/94
LIMITS OF
EASEMENT
SE COR. SEC. 16
T. 2 S, R. 3 W.
TRACT MAP
25837 roeEPH E. ea NADIMAN & AS INC.
M . B . 2 5 5 / 3 5 4.1 oonsulUM engineers land surveyors
234 N. Arrowhead Ave., San 8ernardhra, CA_ 92408
PAGE 3 OF 3 Pharte: (909)685 -3806 FaX (909 - 1721
EXHIBIT T"
LEGAL DESCRIPTION
EASEMENT A:
A PORTION OF SMILEY BOULEVARD FROM THE EASTERLY LINE OF THE NORTHWEST ONE
QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE
3 WEST, TO THE SOUTHERLY LINE OF NORTHEST ONE QUARTER OF THE NORTHEAST ONE
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 3 WEST, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
THAT PORTION OF SMILEY BOULEVARD DEDICATED BY PARCEL MAP NUMBER 28191,
RECORDED IN BOOK 196 OF PARCEL MAPS, PAGES 26 THROUGH 28 INCLUSIVE, RECORDS
OF RIVERSIDE COUNTY, STATE OF CALIFORNIA;
TOGETHER WITH THAT PORTION DESCRIBED IN INSTRUMENT NO. 404338, RECORDED
OCTOBER 20, 1994 OFFICIAL RECORDS OF SAID COUNTY.
EASEMENT B:
A PORTION OF SMILEY BOULEVARD FROM THE SOUTHERLY LINE OF THE NORTHEAST ONE
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 3 WEST, TO THE SOUTHERLY LINE
OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 3 WEST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
THAT PORTION DESCRIBED IN INSTRUMENT NO. 387853, RECORDED OCTOBER 6, 1994
OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION DESCRIBED IN INSTRUMENT NO. 399224, RECORDED
OCTOBER 1'7, 1994 OFFICIAL RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION DESCRIBED IN INSTRUMENT NO. 399223, RECORDED
^rTOBER 17, 1994 OFFICIAL RECORDS OF SAID COUNTY.
SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS,
RIGHTS AND RIGHT OF WAYS OF RECORD.
THESE EASEMENTS HAVE BEEN DESCRIBED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
zzz•oe
Edward J. Bonadiman, PLS Date
Exp. 12 -31 -49
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Is 70 A
PAGE 2OF3
SUBMITTAL TO THE BOARD OF SUPERVISORS # `
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: TLMA - Transportation Department SUBMITTAL DATE:
August 29, 2008
SUBJECT: General vacation of portions of Smiley Boulevard, in the Reche Canyon area, Fifth
Sunervisorial District.
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RECOMMENDED MOTION: Adopt Resolution No. 2008 -394, General Vacation of Smiley
Boulevard.
BACKGROUND: The vacation of Smiley Boulevard was initiated at the request of the applicant,
Henry Melendez. The applicant proposes that Smiley Boulevard be vacated to allow only the
local residents to use the roadway.
Currently Smiley Boulevard is gated at north end and according to the applicant has
been gated for more than twelve years. The gate has been built to the satisfaction of the Fire
Department. The portions of Smiley Boulevard to be vacated are not in the County Maintained
Road System.
All adjacent property owners have been notified by mail of this proposed vacation. The
Transportation Department staff received six (6) letters in favor of the proposed vacation and
one (1) letter in opposition. There has been ongoing negotiation with the one objecting property
owner and the applicant. With the assistance of County Counsel and the Transportation
Department, an agreement has been reached. This vacation was presented to the Planning
Commission on July 20, 2005. The Planning Commission recommended approval.
Juan C. Perez
Director of Transportation
AM
Attachments: Resolution No. 2008 -394
Exhibit "A ", "B" and "C"
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Ashley, seconded by Supervisor Buster and duly
carried, IT WAS ORDERED that the above matter is approved as recommended with
a condition that Billie Bachelor and Flora Leckwar be allowed to travel through the
existing electric gate installed on Smiley Boulevard without being assessed
maintenance costs for the gate.
Ayes: Buster, Stone, Wilson and Ashley
Nays: None
Absent: Tavaglione
Date: November 4, 2008
xc: .•Transp., Recorder, B. Bachelor & F
Ref.
Form 91p (Rev 0712007)
Nancy Romero
Clerk o he, rd
Leckwar Deputy
District: 5 1 Agenda Number:
99 -
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
NANCY ROMERO, CLERK OF THE BOARD
RIVERSIDE CO. CLERK OF THE BOARD
4080 LEMON STREET, 1 FLOOR CAC
P O BOX 1147 - RIVERSIDE, CA 92502
MAIL STOP # 1010
AND WHEN RECORDED MAIL TO:
RETURN TO: STOP #1010
RIVERSIDE COUNTY CLERK OF THE BOARD
P. O. BOX 1147 - RIVERSDE CA 92502
DOC N 2008 - 0552752
22107/2008
Customer Copy Label
The paper to which this label is
affixed has not been compared
with the recorded document
Larry W Ward
County oF Riverside _Y
Assessor, County Clerk & Recorder
RESOLUTION NO. 2008-394
Title of Document
GENERAL VACATION OF PORTIONS OF SMILEY BOULEVARD
IN THE RECHE CANYON AREA
(AB 04008)
(FIFTH SUPERVISORIAL DISTRICT)
(Transportation Department — Item 9.7 of 11 /04/08)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE 17
FOR RECORDING INFORMATION t "F- `;� f
I BOARD OF SUPERVISORS COUNTY OF RIVERSIDE
2
3 RESOLUTION NO. 2008-394
4 GENERAL VACATION OF PORTIONS OF SMILEY BOULEVARD
5 IN THE RECHE CANYON AREA
6 (AB 04008)
7 (FIFTH SUPERVISORIAL DISTRICT)
8
I
9 WHEREAS, the hereinafter- described Smiley Boulevard lying between the l
10 northerly right-of-way line of Reche Canyon Road and south of the northerly boundary j
i
11 line of Riverside County is a non- county - maintained public road; and
12
13 WHEREAS, pursuant to Streets and Highways Code Section 8321, a petition has
14 been filed with the Board of Supervisors of the County of Riverside, State of California,
15 requesting the general vacation of Smiley Boulevard in the Reche Canyon area of the
16 County of Riverside; and,
17
18 WHEREAS, on September 16, 2008, the Board of Supervisors of the County of
19 Riverside adopted Resolution No. 2008 -393, giving notice of intention to vacate Smiley
20 Boulevard; and,
21
22 WHEREAS, Resolution No. 2008 -393 has been duly published, and posted
23 pur<„aant to the provisions of the Streets and Highways Code; and,
24
i
25
Page 1 of 3
11.04.08 9.7
I RESOLUTION NO. 2008-394
2
3 WHEREAS, a public hearing has been conducted and the Board of Supervisors of
4 the County of Riverside has considered the evidence offered by persons interested in the
5 matter; and,
6
7 WHEREAS, pursuant to Streets and Highways Code Section 8324 the Board of
8 Supervisors of the County of Riverside has determined that the highway created as a non -
9 county- maintained public road as described herein is not useful as a non - motorized
10 transportation facility; and,
11
12 WHEREAS, the Board of Supervisors of the County of Riverside has determined
13 that the herein - described Smiley Boulevard is unnecessary for present or prospective
14 public use; now, therefore;
15
16 BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors
17 of the County of Riverside, State of California, in regular session assembled on
13 Nov. 4, 2008, that pursuant to Section 8324(b) of the Streets and Highways Code, the
19 County of Riverside hereby vacates those portions of Smiley Boulevard specifically
20 identified in Exhibit "A" attached hereto and incorporated by this reference, being in the
21 County of Riverside, State of California, subject to each and every condition so agreed
22 upon in the Agreement of Conditions Precedent to Vacation of Smiley Boulevard which is
23 attached hereto as Exhibit "B" and incorporated by this reference, as well as each and
24 every condition so agreed upon in the Grant of Easement Agreement which is attached
25 hereto as Exhibit "C" and incorporated by this reference.
Page 2 of 3
I RESOLUTION NO. 2008-394
2 f
3 EXCEPTING AND RESERVING from the vacation an easement for any existing
4 public utilities and public service facilities, together with the right to maintain, operate,
5 replace, remove, or renew such facilities, pursuant to Section 8340 of the Streets and
6 Highways Code.
7 FURTHER EXCEPTING AND RESERVING from the vacation any existing private
8 access rights, including but not limited to any easement rights or other right of a person,
9 in, to, or over Smiley Boulevard, pursuant to Section 8352 of the Streets and Highway
10 Code.
11
12 BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk of
13 the Board is directed to cause a certified copy of this Resolution to be recorded in the
14 office of the Recorder of the County of Riverside, California.
15
16
17 ROLL CALL:
i
18 Ayes: Buster, Stone, Wilson and Ashley
Nays: None
19 Absent: Tavaglione
20
21 The foregoing is certified to be a true copy of a resolution duly
adopted by said Board of Supervisors on the date therein set forth.
22 NANCY ROMERO, Clerk of said Board
23 By: �.
24 AM e p u
FO PP OVEQ C UI�T� 2 L
25 W .O.# AB 04008 BY: V.
Page 3 of 3
11.04.08 9.7
EXHIBIT "A"
LOCATION PLAT
(INST. 341345) /
(DATED 9/94) SW CDR. PARCEL MAP 28191
PARCEL 'A'
QNST, 404338)
(DATED 10/94)
(INST, 387853) E 1/4 CO R S EC. 16
(DATED 10/94) T. 2 S. R. 3 W.
0 rL SMILEY BLVD. O
(INST. 399224)
(DATED 10/94) j2vo'
() INDICATES PRIVATE DRIVE
EASEMENT INSTRUMENT NUMBERS
(INST. 399223) NE CDR. SEC. 21
(DATED 10/94) T. 2 S, R. 3 W.
r„ HOLLIE DRIVE
PRIVATE DRIVE
r )FrFF"Y nRIVE --
Nt.ivAT� 1A.1VE
TRACT 26837
MB 341/66 -71
TRACT 26837 -1
MB 255/36 -41
TRACT 26837 -1
MB 255/36 =41
r- PARCEL MAP
28191
PMB 196/26 -28
PARCEL 'B'
t SMILEY BLVD
TRACT 26837
MB 341/66 -71
PRIVATE VATE D IVE IVE
SW CDR. SEC. 22
T. 2 S, R. 3 W.
PARCEL ' B '
RVIEW DRIVE
TE DRIVE
(INST. 42957)
(DATED 4/75)
SHEET OF 3 R� - �NYONDROADME
EXHIBIT " A "
VACATING PORTIONS OF
SMILEY BOULEVARD
l
T,Q
AP- 6837.1
Z�`MB Z 5�36�1
ON, 2gg37
T 00 7341IS6 71
aa`
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7-
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NTS
SEC21
US R3W
SBM
DEERVIEW DRIVE
SHEET 3 OF 3
EXHIBIT "A"
VACATING PORTIONS OF
SMILEY BOULEVARD
PARCEL 1 BOULEVARD
NTS
SEC16
T2S RM
SBM
PARCEL 3
P
_� PPR 86126"28
pM
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5 PARCEL 2
r
SHEET 2 OF 3
EXHIBIT "B"
AGREEMENT OF CONDITIONS PRECEDENT TO
VACATION OF SMILEY BOULEVARD
This Agreement is entered into by and between the County of Riverside
Department of Transportation ( "COUNTY ") and William W. Bonadiman
( "BONADIMAN ").
WHEREAS, Smiley Boulevard is a non- county- maintained public road lying
between the northerly right -of -way line of Reche Canyon Road and south of the northerly
boundary line of Riverside County.
WHEREAS, a general vacation has been requested of that portion of Smiley
Boulevard described within the Location Plat which is attached as Exhibit "A" to
Resolution No. 2008- 394 , and more particularly described as follows:
Parcel A
All of Lots "A", "B" and "C" (60.00 feet wide) as shown
on Parcel Map 28191, recorded in Book 196, pages 26
through 28, inclusive of Parcel Map, records of Riverside
County lying within Section 15, Township 2 South, Range
3 West, San Bernardino Meridian.
Parcel B
All of Lot "A" (88.00 feet wide) as shown on Parcel Map
26837, recorded in Book 341, pages 66 through 71,
inclusive, together with all of Lot "A" (88.00 feet wide) as
shown on Tract Map 26837 -1 recorded in Book 255, pages
26 though 41, inclusive, records of Riverside County lying
within Sections 21 and 22, Township 2 South, Range 3
West, San Bernardino Meridian.
(Hereinafter referred to as "Smiley Blvd. ")
NOW, THEREFORE, in consideration of COUNTY supporting the vacation. of
Smiley Blvd, and by executing this Agreement BONADIMAN covenants, agrees and
represents as follows:
(1) A Homeowners Association has been created and said Homeowners
Association, its successors and/or assigns in interests shall maintain Smiley Blvd. at all
times in a decent, safe and sanitary condition in accordance with general prevailing
standards of maintenance, and pay all costs and expenses incurred in doing so.
(2) Any and all gates which currently lie along or across Smiley Blvd., and
any and all gates which will be placed along or across Smiley Blvd. at any time in the
future, will operate automatically, rather than manually, and must be approved by the
Riverside County Fire Department. Any gate along or across Smiley Blvd. which is not
in conformity with the requirements of this paragraph must be removed by
BONADIMAN at the expense of BONADIMAN.
(3) Secondary access must be constructed for all phases of Tract Map 26837,
recorded in Book, 341, pages 66 through 71, inclusive, records of Riverside County,
more particularly described as follows:
Parcel A
All of Lots "A ", "B" and "C" (60.00 feet wide) as shown
on Parcel Map 28191, recorded in Book 196, pages 26
through 28, inclusive of Parcel Map, records of Riverside
County lying within Section 15, Township 2 South, Range
3 West, San Bernardino Meridian.
Parcel B
All of Lot "A" (88.00 feet wide) as shown on Parcel Map
26837, recorded in Book 341, pages 66 through 71,
inclusive, together with all of Lot "A" (88-00 feet wide) as
shown on Tract Map 26837 -1 recorded in Book 255, pages
26 though 41, inclusive, records of Riverside County lying
within Sections 21 and 22, Township 2 South, Range 3
West, Sam Bernardino Meridian.
(4) The general vacation of Smiley Boulevard, as set forth above, shall not
affect any private access rights, including but not limited to any easement rights, in
existence as of the date of this Agreement, to, or over Smiley Boulevard, pursuant to
. _ ... ,, _'32 of the Streets and Highways Code.
(5) This Agreement and all the obligations contained herein shall constitute
covenants running with the land and shall be binding on and for the benefit of
BONADIMAN, his transferees, successors and assigns, and any other present or future
interest holders or estate holders of any portion or all of Smiley Blvd. vacated by
operation of Resolution No. 2008- 394 . This Agreement shall be recorded along with
Resolution No. 2008-_ by the County Clerk.
111
111
lu
2
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs,
executors, administrators, successors, and assigns do hereby agree to the full performance
of the covenants herein contained and have caused this Agreement to be executed by
setting hereunto their signatures on the day and year respectively written herein below.
APPRO D TO FORM:
FRID C. LEMANN
Attorney for William W. Bonadiman
WILLIAM W. BO41 IM.AN
2- ZI --DSs . -•_
Date Signed
RECOMNIENDE FOR APPROVAL:
GEOR A. JOHN ON
Director of T rtation Department
Riverside County Department of Transportation
APPRO O FORM:
JOE S. unty Counsel
By:
C . STURM
Deputy County Counsel
y-; for County of Riverside
ATTEST:
NANCY ROMERO
Clerk of the Board
By:
ft
C�
Depot
[ Seal ]
3
NOV 4 2008 9- 7
EXHIBIT "C"
i Recording Requested by:
When Recorded Return To.:
BONADIMAN McCAIN, INC.
280 S. LENA RD.
SAN BERNARDINO, CA 92408
GRANT OF EASEMENT
NO TAX DUE
For a valuable consideration received, Bonadiman- McCain. Inc.. a California Corporation, Grantor, hereby grants
and conveys to Flora Leckwar, a widow, and Billie Bachelor, a single woman as. joint tenants with ri ht of
survivorship. as Grantees,
A NON-EXCLUSIVE easement for the purpose of ingress and egress for a duration of perpetuity from the
execution of document over the following described real property located in the County of Riverside, State of
California:
See Exhibits "A" & "B" attached hereto and made a part hereof.
This agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs,
administrators, executors, successors and assigns.
This NON - EXCLUSIVE Easement will authorize the Grantees unhindered ingress and egress.
IN WITNESS WHEREOF, these presents have executed this instrument this � day of 2008
AREA= 06= Wi 'am W. Bonaditan,
Bonadiman - McCain, Inc.
Notary Acknowledgment
STATE OF CALIFORNIA:
CO OF SAN BERNARDINO:
On 2008, before me appeared
William W. Bonadiman who proved to me on the basis of satisfactory evidence to be the nK whose name
subscribed to the within ' t and acknowledged to me thate�r executed the ineir authonzed
.capacity(iee), and that by @ 'r 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 we and
correct.
WITNESS my hand and official seal. $MEN I.VM CECCNtNE
Commilolon # 171821 a
Notary Public - Caffonft
Sort Mrnardlim Courdy
Sig
Signature of NotgYy Ptb in and for said County and State [NOTARY SEAL]
PAGE 1 OF 3
OF
LARRY W. WARD Recorder
P.O. Box 751
COUNTY OF RIVERSIDE Rivuside,CA92502 -0751
ASSESSOR - COUNTY CLERK-RECORDER (951) 466 -7000
*5X- http:iirivusidc.�Lsrcu=c.com
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, 1 certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
Print or lype the page number(s) and wording below):
CLARIFICATION OF THE SEAL for the Riverside County Board of Supervisors
(embossed on document)
Date:
Signature: L
Print Name: C . Foley, Board Assistant, Riverside Count X Clerk of the Board
ACR 601 P- AS4R$II (Rev. 0IrM5)