04_0018343PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
I CLERK OF THE BOARD
DEPARTMENT
(CAC --1 st Floor)
(Annex)
AND WHEN RECORDED MAIL TO:
RETURN TO: STOP #1010
Clerk of the Board
(CAC Bldg. —1' Floor)
DOG a 2004 -- 0018343
01/12/2004
Conformed Copy
D Has not been compared with original
Gary L Qrso
County of Riverside
Assessor, County Clerk & Recorder
THIS SPACE FOR RECORDERS USE ONLY
RESOLUTION NO. 2004 -010
Title of Document
SUMMARILY VACATING THE RIGHT TO ACCEPT THE DEDICATION OF A PORTION OF
GEORGEE AVENUE AND SUMMARILY VACATION A PORTION OF GEORGEE
AVENUE IN THE GLEN AVON AREA
(AB- 03003)
(Second Supervisodal District)
(TLMAITransportation Dept.: Item 2.16 of 01106104)
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE
FOR RECORDING INFORMATION
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SUBMITTAL TO THE BOARD OF SUPERVISORS • : "'�
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 6b1
FROM: TLMA - Transportation Dept. SUBMITTAL DATE:
January 5, 2004
SUBJEQT: Summarily vacating the right to accept the dedication of a portion of Georgee Avenue
and summarily vacating a portion of Georgee Avenue, in the Glen Avon area, Second SuQervisorial
District.
RECOMMENDED MOTION: Adopt Resolution No. 2004 -010, summarily vacating the right to accept
the dedication of a portion of Georgee Avenue and summarily vacating a portion of Georgee Avenue.
BACKGROUND: This vacation is being processed to fulfill the County's obligation under "stipulation
for settlement" on the settlement agreement for Riverside County Superior Court Case No'. 363474,
attached hereto as Exhibit "C ". Both property owners have agreed to this vacation.
'VjBNED: X UTIV,E OFFICE
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Attachments: Resolution No. 2004 -010 Geor A. Johnso
Exhibits "A ", "B" & "C" Director of Trans rtation
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Tavaglione, seconded by Supervisor Buster and duly carried by
unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
Ayes:
Buster, Tavaglione, Venable, Wilson and Ast
Noes:
None
Absent:
None
Date:
J7P_1 6, 2004
xc:
T Co.Co., Co. Clerk- Recorder
Prev. Agn. Ref.:
Fnrm 11 n (Row nRig
District: 2 1 Agenda Number:
?.1F
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Board of Supervisors
County of Riverside
RESOLUTION NO. 2004 -010
SUMMARILY VACATING THE RIGHT TO ACCEPT THE DEDICATION OF A PORTION
OF GEORGEE AVENUE AND SUMMARILY VACATING A PORTION OF GEORGEE
AVENUE
IN THE GLEN AVON AREA
(AB- 03003)
(Second Supervisorial District)
WHEREAS, the hereinafter - described portions of Georgee Avenue were dedicated
for public use by declaration of dedication recorded as Instrument No. 133289 on October
5, 1972, which has not been accepted by the County of Riverside and dedicated by Parcel
Map 14385, recorded in Parcel Map Book 81, Page 67, which was accepted for public use
by Resolution No. 81 -143, recorded as Instrument No. 99145, on May 29, 1981, records of
the Recorder of Riverside County, California
WHEREAS, the hereinafter - described portions of Georgee Avenue are not part of
the circulation element of the General Plan, are excess right-of-way, are not required for
public street or highway purposes and that this vacation will not eliminate access to any
parcels; now, therefore,
BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors of
the County of Riverside, State of California, in regular session assembled on January 6 ,
2004, as follows:
1. That the hereinafter - described portions of Georgee Avenue are not required for
public street and highway purposes and are, pursuant to Section 8334(a) of the Streets
and Highways Code, hereby summarily vacated:
1/5/04 2.16
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RESOLUTION NO. 2004 -090
SEE LEGAL DESCRIPTION ATTACHED HERETO
AS EXHIBITS "A" AND "B" AND MADE A PART HEREOF
EXCEPTING AND RESERVING from the vacation an easement for any existing
public utilities and public service facilities, together with the right to maintain, operate,
replace, remove, or renew such facilities, pursuant to section 8340 of the Streets and
Highways Code.
2. That the herein - described portion of Georgee Avenue is unnecessary for present
or prospective public use, including use as a non - motorized transportation facility.
BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk of the
Board is directed to cause a certified copy of this resolution to be recorded in the office of
the Recorder of the County of Riverside, California.
ROLL CALL
Ayes: Buster, Tavaglione, Venable, Wilson and Ashley
Noes: None
Absent: None
'fha i�o F tetner eii t be a tnle c
fBsR� rt Btl dlrf f3oarri an tie set forth.
Deputy
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W.O. #AB03003
C:TileslW P1E01VACATIONIRPSOlAB03003RES .wpd
FORM APPROVED
COUNTY COUNSEL
DES 0 8 7.003
B
1/6/04 2.16
EXHIBIT " A "
GEORGEE AVENUE VACATION
Georgee Avenue located in the unincorporated area of Riverside County, lying in
Section 10, Township 2 South, Range 6 West, S.B.B.& M., described as follows:
PARCEL "A"
That portion of Georgee Avenue (30 foot half- width), dedicated as an unnamed road by
declaration of dedication recorded as Instrument No. 133289, on October 5, 1972, and
shown on Parcel Map 4795, recorded in Parcel Map Book 6, Page 37, both official
records of Riverside County, California.
Having an area of 18,890 square feet more or less.
PARCEL "B"
That portion of Georgee Avenue dedicated as Lot "B" on Parcel Map 14385, recorded
in Parcel Map Book 81, Page 67, and accepted for public use by Resolution No. 81-
143, recorded as Instrument No. 99145, on May 29, 1981, both official records of
Riverside County, California.
Having an area of 4,944 square feet more or less.
See Exhibit "B" attached hereto and made a part hereof.
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EXHIBIT "C'y
ATTACHED TO RESOLUTION NO. 2004 -010
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E. T. O'FARRELL
Attorney at Law, SBN 74859
6461 Brockton Ave.
P. 0. Box 527
Riverside, CA 92502
Telephone:(909) 781 -3933
Attorney for Plaintiff's:
Ms. ELIZABETH STEWART
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE,
Ms. ELIZABETH STEWART
Plaintiff(s)
vs
TONY W. BRADLEY, COUNTY OF )
RIVERSIDE (under CCP Sec. 382) }
And all persons unknown, }
claiming any legal or equitable )
right, title, estate, lien, or }
interest in the property }
described in the complaint )
adverse to Plaintiff's title, or)
any cloud on Plaintiff's title )
thereto, and does 1 to 100. }
}
Defendants) }
Case No. 363474
ASSIGNED FOR ALL
PURPOSES:
JUDGE: DALLAS HOLMES
DEPT: 2
STIPULATION RE:
SETTLEMENT
SC : 10/03/03
TIME: 8:30 a.m.
DEPT: 02
This Stipulation is made this day of , 2003 by and between
TONY W. BRADLEY, hereinafter Defendant, COUNTY OF RIVERSIDE, hereinafter
COUNTY, and ELIZABETH STEWART, hereinafter Plaintiff.
TYPE OF ACTION
This is an action to quiet title to an easement.
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PARTIES
Plaintiff is the party claiming an easement for ingress and egress over Defendants
property.
Defendant is the party denying that claim.
County is the government entity that has a recorded offer of dedication to the property
that is burdened by the "easement" in question.
RECITALS
WHEREAS, Plaintiff owns the property described as follows: APN # 170 -080- 025 -3,
AND DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP 14385, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 81, PAGES 66 AND 67 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, hereinafter Plaintiff's Property. Said
Plaintiff s Property was purchased at a county tax sale within five years prior to the filing
of the present action.
WHEREAS, Defendant owns the property commonly known as 9709 Hastings Blvd,
and more particularly described as follows: PARCEL 2 ON PARCEL MAP 4795
RECORDED OCTOBER 11, 1972 IN BOOK 6, PAGE 37 OF PARCEL MAPS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, hereinafter Defendant's Property, the
westerly borderline of which is adjacent to the easterly borderline of Plaintiffs Property.
WHEREAS, County is the offeree under an offer of
Idedication regarding a 30 foot strip of land along
Defendant's Property's westerly borderline to be used as a
public roadway, hereinafter Dedicated Property. However,
County has not, as of this date, accepted said dedication.
WHEREAS, Plaintiff claims her Property is landlocked
without the use of said Dedicated Property, and she claims
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an easement over said Dedicated Property by grant,
implication, or necessity.
WHEREAS, Defendant denies Plaintiff's claim, and
claims the County has abandoned the easement or that it was
an invalid dedication, and has filed a cross - complaint to
quiet title to the Dedicated Property.
WHEREAS, all parties wash to settle their differences
once and for all without the necessity of trial.
STIPULATION FOR SETTLEMENT
It is hereby stipulated by the parties, without any
party admitting guilt, blame, or liability, as follows:
1.00. PRIVATE EASEMENT: A private easement shall be
created by Defendant in a similar form with the "Grant Of
Easement" attached hereto as Exhibit 1 and incorporated
herein by this reference, differentiating only as dictated
by the results of the survey required herein. The length
of the easement shall be determined by a survey conducted
on the Property by a surveyor acceptable to both the
Defendant and Plaintiff. The length shall be the lesser of
185 feet or up to the Defendant's "Corral" (which is a
metal piping fence approximately 180 to 185 feet north of
the Southernly borderline of Defendant's Property)
whichever is shorter as determined by the survey.
1.01. COST OF SURVEY: Defendant and Plaintiff shall
share the cost of the survey equally.
1.02. OBSTRUCTIONS TO EASEMENT: Defendant, at
Defendant's cost, shall immediately remove, or have
removed, all existing structures obstructing or restricting
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the free and complete use of the private easement.
Plaintiff, at her own choosing and cost, shall be able to
remove any trees or other obstructions to the easement.
1.03. FENCING EASTERLY BOUNDARY LINE OF EASEMENT: At
His /Her sole and exclusive option, either Plaintiff or
Defendant may have a chainlink fence constructed along the
easterly boundary line of the easement by a contractor
acceptable to both parties. Defendant and Plaintiff shall
share equally in the cost of said chainlink fence. Either
party may upgrade the fence from chainlink at that party's
sole cost.
2.00. VACATION OF THE OFFER OF DEDICATION OF PROPERTY:
Plaintiff and Defendant shall cooperate and work together
to have the offer of dedication regarding the property in
question and the strip of land on Plaintiff's Property
known as Georgee Avenue vacated by the County. It is an
express condition of this stipulation that the County
vacate that offer of dedication and Georgee Avenue.
2.01. COST OF VACATION OF THE OFFER OF DEDICATION:
The cost of having the off of dedication of the subject
property and the strip of land on Plaintiff's Property
known as Georgee Avenue vacated shall be shared equally by
Defendant and Plaintiff.
3.00. PLAINTIFF'S SHARE OF COSTS: As to Plaintiff's
share of the costs as described herein, for any cost
incurred and paid by Defendant and not immediately
reimbursed by Plaintiff, Plaintiff'shall execute a
promissory note to Defendant in that amount, bearing
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interest at the rate . of seven percent (7 %), and all due and
payable on or before the 90 day after the execution and
delivery thereof to Plaintiff by Defendant of the Easement
as described herein. Said promissory note shall be secured
by a trust deed against the Plaintiff's Property described
in Exhibit S as incorporated herein.
4.00. DISMISSAL OF ACTIONS: Forthwith after the
vacation by the County (if any) of the offer of dedication
of property and the strip of land on Plaintiff's Property
known as Georgee Avenue, Plaintiff and Defendant shall
dismiss the entire action of all parties and all causes of
action in this matter with prejudice.
5.00. COST AND FEES: Other than the costs described
herein to be.shared equally by Plaintiff and Defendant,
each party shall bear their own costs, including attorney
fees, incurred as a result of this action
6.00. GENERAL PROVISIONS: The following general
provisions are hereby made a material part of this
Stipulation:
6.01. PROFESSIONAL CONSULTATION: Each party to this
action is represented by legal counsel.
6.02. SUCCESSORS AND ASSIGNS: This Stipulation shall
be binding upon and inure to the benefit of Defendant,
County, and Plaintiff and their respective successors and
assigns except as otherwise provided herein;
6.03. COPIES:. Defendant, County, and Plaintiff each
represent that copies of all documents, certificates,
contracts, etc. furnished to the other are true, correct
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interest at the rate . of seven percent (7 %), and all due and
payable on or before the 90 day after the execution and
delivery thereof to Plaintiff by Defendant of the Easement
as described herein. Said promissory note shall be secured
by a trust deed against the Plaintiff's Property described
in Exhibit S as incorporated herein.
4.00. DISMISSAL OF ACTIONS: Forthwith after the
vacation by the County (if any) of the offer of dedication
of property and the strip of land on Plaintiff's Property
known as Georgee Avenue, Plaintiff and Defendant shall
dismiss the entire action of all parties and all causes of
action in this matter with prejudice.
5.00. COST AND FEES: Other than the costs described
herein to be.shared equally by Plaintiff and Defendant,
each party shall bear their own costs, including attorney
fees, incurred as a result of this action
6.00. GENERAL PROVISIONS: The following general
provisions are hereby made a material part of this
Stipulation:
6.01. PROFESSIONAL CONSULTATION: Each party to this
action is represented by legal counsel.
6.02. SUCCESSORS AND ASSIGNS: This Stipulation shall
be binding upon and inure to the benefit of Defendant,
County, and Plaintiff and their respective successors and
assigns except as otherwise provided herein;
6.03. COPIES:. Defendant, County, and Plaintiff each
represent that copies of all documents, certificates,
contracts, etc. furnished to the other are true, correct
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I and unaltered copies of the original documents if the
2 originals are in the possession of the party furnishing
3 same;
4 6.04. PARTY COOPERATION: Plaintiff and Defendant
5 agree to cooperate fully with each other in order to
6 fulfill the intentions of this Stipulation by performing
7 whatever acts that need to be performed by Plaintiff or
8 Defendant in order to achieve the goals set out herein;
9 6.05. ATTORNEY FEES: In any action, proceeding or
10 arbitration arising out of this Stipulation, the prevailing
11 party shall be entitled to reasonable attorney's fees and
12 costs;
13 6.06. ENTIRE CONTRACT: All prior agreements between
14 the parties are incorporated in this Stipulation which
15 constitutes the entire agreement_ Its terms are intended
16 by the parties as a final expression of their settlement
17 with respect to such terms as are included herein and may
18 not be contradicted by evidence of any prior agreement or
19 contemporaneous oral agreement. The parties further intend
20 that this Stipulation constitutes the complete and
21 exclusive statement of its terms and that no extrinsic
22 evidence whatsoever may be introduced in any judicial or
23 arbitration proceeding, if any, involving this Stipulation;
24 6.07. AMENDMENTS: This Stipulation may not be
25 amended, modified, altered or changed in any respect
26 whatsoever except by further agreement in writing executed
27 by all parties.
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5.08. CAPTIONS: The captions in this Stipulation are
for convenience or reference only and are not intended as
part of this Stipulation.
Receipt of a copy of a copy of this Stipulation is hereby acknowledged by each party
subscribing hereunder.
DEFENDANT 4PPR0jYED-,B Y:
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ONY . BRADLEY . HA S EN
Attorney for Bradley
PLAINTIFF APPROVED BY:
COUNTY OF RIVERSIDE
f. 1� 0 zap
E. T. O'FARRELL
Attorney for Stewart
APPROVED BY:
WILLIAM C. KATZENSTEIN
RIVERSIDE COUNTY COUNSEL
0
'BY: GLENN BELOIAN
DEPUTY COUNTY COUNSEL
7
ATTEST:
NANCY ROMERO, Clerk
By
ERUT
When recorded mail to:
ELIZABETH STEWART
4479 PEDLEY RD
RIVERSIDE CA 92509
GRANT OF EASEMENT
By this instrument dated the day of _ 2003, for
valuable consideration
TONY W. BRADLEY, an unmarried man
hereby GRANTS to
ELIZABETH STEWART, a single woman,
An Easement for the purposes of ingress and egress and/or transportation on or over the property
described on Exhibit A, attached hereto, and incorporated herein by this reference, hereinafter the
Servient Tenement, commencing at a point at the southwest corner of the Servient Tenement,
thence east at a 90 degree angle to the westerly borderline for a distance of 15 feet, thence north
at a 90 degree angle for a distance of _ feet, thence west at a 90 degree angle for a distance of
15 feet, , thence south along the westerly borderline for a distance of approximately feet to
the point of beginning.
Said Easement shall be appurtenant to and run with the property described herein on Exhibit B,
attached hereto, and incorporated herein by this reference, hereinafter the Do minan t Tenement.
A map showing the Servient Tenement, Dominant Tenement, and the Easement hereby granted is
attached hereto as Exhibit C and incorporated herein by this reference.
Said Easement includes the right of the owner of the Dominant Tenement to improve the property
covered by the Easement in any legal manager desired by said owner as may be needed to serve
the purposes of this Easement, including paving and fencing, however, any improvements to the
easement shall not exclude use by the Beat Tenement.
SeA0eu r'
TONY W. BRADLEY
NOTARY
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