HomeMy WebLinkAbout2001-243
1
2
RESOLUTION NO. 2001-243
3
4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED TRANSFERRING RIGHTS TO ENTER
5 TO SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR PROPERTY
ORIGINALLY OWNED BY ERSUL WATER COMPANY.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
8 SAN BERNARDINO AS FOLLOWS:
9
WHEREAS, on November 16, 1970, the City of San Bernardino
10 Municipal Water Department acquired property, through an order
11 common in Bankruptcy No. 36160 of the United States District Court
12 for the Central District of California, confirming the sale of the
13 Ersul Water Company system and any real property thereof; and
14
WHEREAS, the Ersul Water Company system was abandoned and the
15 Water Department constructed a distribution system to the 92 users
16 who were served by Ersul Water Company; and
17
WHEREAS, with the Court-ordered sale of Ersul Water Company,
18 the Water Department acquired the right to enter on five pieces of
19 property (Exhibits A through E); and
20
WHEREAS, in the 1980s, the United States Air Force purchased
21 the real property in which the Water Department had the right to
22 enter; and
23
WHEREAS, the San Bernardino International Airport Authority has
24 acquired the real property from the United States Air Force; and
25
WHEREAS, the Board of Water Commissioners of the City of San
26 Bernardino, at its June 5, 2001 regular meeting, determined that the
27 subject interests are not likely to be utilized by the Water
28 Department.
July 9, 2001
Page 1 of 2
2001-243
. .
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
QUITCLAIM DEED TRANSFERRING RIGHTS TO ENTER TO SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY FOR PROPERTY ORIGINALLY OWNED BY ERSUL WATER COMPANY.
1
NOW THEREFORE BE IT RESOLVED that the City of San Bernardino
2 transfers the rights to enter on five pieces of property (Exhibit A
3 through E) granted in the bankruptcy sale, in Bankruptcy No. 36160,
4 to the San Bernardino International Airport Authority through a
5 Quitclaim Deed in order to clear the title.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted
7 by the Mayor and Common Council of the City of San Bernardino at a
8 j oint regular
meeting
thereof,
held
on
the
23rd
day
of
9
July
, 2001, by the following vote, to wit:
10 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
11 ESTRADA
x
12 LIEN
x
13 MCGINNIS
x
14 SCHNETZ
x
15 SUAREZ
x
X
16 ANDERSON
17 MCCAMMACK
X
18
21
The foregoing
?J~Yi CL~
JJ.J (L Rachel G. Clark, City Cl.erk
.0 ~neJJuulY1YdYnf1..; 'bPp~
resolution is roved this !;26.n+
day
19
20
22 of
July
, 2001.
23
24
Approved as to
25 Form and legal content:
26 JAMES F. PENMAN,
City Attorney
27
28 By: i,A..- t. p~
o .
July 9, 2001
Page 2 of 2
REQUI;STED' BY AND
WHEN RECORDED MAIL TO:
SBIAA
294 S. Leland Norton Way
San Bernardino, CA 92408
APN:
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE,
RELEASE AND FOREVER QUITCLAIM to the SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY, a Joint Powers Authority, the following real property located in the City of San Bernardino,
County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTIONS ATTACHED AS EXHIBITS "A", "B", "C", "D" and "E"
DATE:
.J.'
>'l~ ?(.\- \
CITY O(S~t;E~ARDINO,
by: j: ! t ( [' t.( C.A "
~~7 V~L~ES, Mayor
ATTEST: I1U(J-Zf (~ ULVtj,:)
, RACHEL CLARK, City Clerk
/)1\1. 'V:' " +
,,~.) ,jii/[<:'l.{'l IY~; ',UIL L./'f'AiLL7f
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ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OhS'A.v e'ER.!..J fH~J) j nJo
)
) s.s.
)
O~~ ;LbJ cl...DOI
,
before me. ......'I),t;r,H \/4LL;:'5
, personally appeared
personally known to me (6[ pre"od tn me on the basis of satisfactot:y p,,;~pnce) to be the person(s) whose name(s)liiare subscribed
to the within instrument and acknowledged to me that he/~/they executed the same in his~/their authorized capacity(ies), and that
by hisi@heir signature(s) on the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the instrument.
/
\>{C&::ltM"rYJ ~M6./'tk /\.h
,
f~' ,:.\"?=>,. SUSAN M. SCHRAM~'l f ,,-, 1
... :~...~.~ ~.~ COMM.11193382 Z ;,;:':"'.;,.'~~ SUSAN M. SCHRAMM
:E :(t..:-;t. '!:::' NOTARV PUBLIC CAliFORNIA ?IIP (:1\':~ CQMM. "1193382 2
~;'1~) SAN BERNAROONO W!",,, l(t:~l NOTARY PUBUC, CALlFOIIN'A s:
I M, Comm."'" E.p""' A""",., - ~"'"v .AN IlERNARD'NO COUNTY ~
, .....""'-- - . I M't' tL}ml~hllmm Expires August 1<4., 20021
WITNESS my hand and official seal.
Signature
2001-243
EXHIBIT A
PARCEL "A":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET OF THAT PORTION OF THE EAST
1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT RECORDED
IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 36, TRACT NO. 3309, AS PER
PLAT RECORDED IN BOOK 44 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY;
THENCE SOUTH 89 DEG. 48' 30" EAST ALONG THE SOUTHERLY BOUNDARY OF
SAID TRACT NO. 3309, 25 FEET; THENCE SOUTH 0 DEG. 00' 30" WEST, 60
FEET; THENCE NORTH 89 DEG. 39' 17" WEST, 120 FEET; THENCE NORTH 0
DEG. 13' 30" EAST, 60 FEET TO THE SOUTH LINE OF SAID TRACT NO.
3309; THENCE EASTERLY 95 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP IN BOOK
1, PAGE 97, RECORDS OF SURVEY.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
2001-243
Trdct No. 3309
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2001-243
EXHIBIT B
PARCEL "B":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND lOR ALONG
THE WEST 10 FEET OF THE NORTH 126 FEET, AND ACROSS THE SOUTH 10
FEET OF THE NORTH 126 FEET OF THAT PORTION OF LOT 6, BLOCK 47,
RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE
2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT NORTH 89 DEG. 48' 30" WEST, 25 FEET FROM THE
SOUTHWEST CORNER OF LOT 16, TRACT NO. 3309; THENCE SOUTH 0 DEG. 03'
30" WEST, 130 FEET; THENCE WEST 125 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 0 DEG. 03' 30" EAST, 70 FEET; THENCE SOUTH
89 DEG. 39' 30" EAST, 5 FEET; THENCE NORTH 0 DEG. 3' 30" WEST, 60
FEET TO THE SOUTH LINE OF TRACT NO. 3309; THENCE WESTERLY ALONG THE
SOUTH LINE OF SAID TRACT TO THE WEST LINE OF THE EAST 1/2 OF LOT 6,
BLOCK 47, RANCHO SAN BERNARDINO; THENCE SOUTH ALONG SAID WEST LINE,
129.27 FEET; THENCE EAST 137 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
2001-243
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2001-243
EXHIBIT C
PARCEL lieu:
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET, AND ACROSS THE SOUTH 10 FEET
OF THE NORTH 126 FEET, EXCEPT THE EAST 25 FEET OF THAT PORTION OF
THE EAST 1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT DISTANT SOUTH 89 DEG. 48' 30" EAST, 25 FEET
FROM THE SOUTHEAST CORNER OF LOT 36, TRACT NO. 3309, AS PER PLAT
RECORDED IN BOOK 44 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY;
THENCE SOUTH 0 DEG. 03' 30" WEST, 60 FEET TO THE TRUE POINT OF'
BEGINNING; THENCE CONTINUING SOUTH 0 DEG. 03' 30" WEST, 70 FEET TO
THE NORTH LINE OF THE PROPERTY CONVEYED TO ERNEST A. ANGELL, ET UX,
BY DEED DATED DECEMBER 9, 1952 AND RECORDED JANUARY 2, 1953, IN
BOOK 3081, PAGE 286, OFFICIAL RECORDS OF SAID COUNTY; THENCE WEST
ALONG THE NORTH LINE OF SAID ANGELL PROPERTY, 125 FEET; THENCE
NORTH 0 DEG. 03' 30" EAST, 70 FEET TO A POINT 50 FEET SOUTH OF THE
SOUTH LINE OF SAID TRACT NO. 3309; THENCE SOUTH 89 DEG. 39' 30"
EAST, 125 FEET TO THE TRUE POINT OF BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
37
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2001-243
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2001-243
EXHIBIT D
PARCEL "D":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND/OR ALONG
THE WEST 10 FEET OF THE EAST 25 FEET OF THAT PORTION OF THE SOUTH
1/2 OF THE FOLLOWING DESCRIBED PROPERTY, BEING THAT PORTION OF THE
EAST 1/2 OF LOT 6, BLOCK 47, RANCHO SAN BERNARDINO, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE PROPERTY
CONVEYED TO ERNEST A. ANGELL, ET UX, BY DEED RECORDED JANUARY 2,
1953, IN BOOK 3081, PAGE 286, OFFICIAL RECORDS, WITH THE CENTER
LINE OF FAIRFAX DRIVE AS SHOWN ON THE MAP OF TRACT NO. 3309, AS PER
PLAT RECORDED IN BOOK 41 OF MAPS, PAGE 100, RECORDS OF SAID COUNTY,
EXTENDED SOUTHERLY; THENCE SOUTHERLY ALONG THE SOUTHERLY
PROLONGATION OF SAID CENTER LINE OF SAID FAIRFAX DRIVE AS ABOVE
DESCRIBED, 130 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID ANGELL
PROPERTY AS ABOVE DESCRIBED; THENCE WEST ALONG THE SOUTHERLY LINE
OF SAID PROPERTY, 123.25 FEET; THENCE NORTH, PARALLEL WITH THE
SOUTHERLY PROLONGATION OF THE CENTER LINE OF FAIRFAX DRIVE AS ABOVE
DESCRIBED, 130 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF
SAID PROPERTY AS DESCRIBED ABOVE, A DISTANCE OF 123.25 FEET FROM
THE POINT OF BEGINNING; THENCE EAST 123.25 FEET TO THE POINT OF
BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
2001-243
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2001-243
EXHIBIT E
PARCEL "E":
AN EASEMENT FOR PIPE LINE PURPOSES OVER, ACROSS, UNDER AND ALONG
THAT PORTION OF LOTS 5 AND 6, BLOCK 47, RANCHO SAN BERNARDINO, AS
PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 38, TRACT NO. 3309;
THENCE WEST TO THE EAST LINE OF LOT 6, BLOCK 47, RANCHO SAN
BERNARDINO; THENCE NORTH ALONG THE EAST LINE OF LOTS 6 AND 5, BLOCK
47, RANCHO SAN BERNARDINO, TO THE SOUTH LINE OF SULLIVAN STREET;
THENCE EAST ALONG THE SOUTH LINE OF SULLIVAN STREET TO THE
NORTHWEST CORNER OF LOT 38, TRACT NO. 3309; THENCE SOUTH ALONG THE
WEST LINE OF LOT 38, TRACT NO. 3309 TO THE POINT OF BEGINNING.
GRANTOR ALSO GRANTS TO ERSUL WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO ENTER UPON SAID PROPERTY AT ALL TIMES FOR THE
PURPOSE OF INSPECTING, MAINTAINING, REPAIRING, REMOVE, REPLACING
AND SERVICING SAID PIPE LINES.
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