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HomeMy WebLinkAbout1991-077 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02/11/91 1 2 3 4 5 RESOLUTION NO. 91-77 RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR A PUBLIC SERVICE EASEMENT FOR A WATER PIPELINE LOCATED NORTHERLY OF THE NORTHEAST CORNER OF PENNSYLVANIA AVENUE AND LITTLE LEAGUE DRIVE, IN SAN BERNARDINO. WHEREAS, the City of San Bernardino, by document recorded in Book 6 8401, Page 1047, Official Records of San Bernardino County, did acquire a 7 Public Service Easement for pipelines and appurtenant facilities over a 8 portion of land generally located Northerly of the Northeast corner of 9 Little League Drive and Pennsylvania Avenue; and 10 WHEREAS, the pipeline lying within the easement has been abandoned 11 by the City and is no longer needed for pipeline purposes; and 12 WHEREAS, the property owners wish to develop, sell or otherwise 13 use the land in question, which would utilize the area encumbered by the pipeline easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That this summary vacation of the Public Service Easement located Northerly of the Northeast corner of Little League Drive and Pennsylvania Avenue, is being made under Section 8333 (c), et. seq., of the Streets and Highways Code, and is described as follows: That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Base and Meridian, according to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue, as said street is delineated on the map of Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book 1 of Records of Survey, Page 32, records of the County Recorder of said County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, Page 23, records of the County Recorder of said County; thence North 640 OS' 1 , . VACATION AND .OUITCLAIM DEED: PIPELINE EASEMENT NORTHERLY OF THE NORTHEAST CORNER OF LITTLE LEAGUE DRIVE AND PENNSYLVANIA AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10" West along said Rancho Line, a distance of 571.50 feet, to a point in a line which is parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz, et aI, by Deed No. 566, recorded February 19, 1970, in Book 7392, Page 128, Official Records of said County, and the True Point of Beginning; thence North 00 01' 28" East, along said parallel line, a distance of 659.15 feet; thence leaving said parallel line, North 590 30' 27" West, a distance of 500 feet, more or less, to a point in a West line of said Schmitz property and the Point of Termination. The side shortened terminate lines of said easement shall be so as to begin in said Rancho in said West line of the Schmitz prolonged I ine and property. or to SECTION 2. That the Public Service Easement referred to herein, and as described in that certain Quitclaim Deed, a copy of which is attached hereto, marked Exhibit "A", is no longer needed for public purposes. SECTION 3. That the Public Service Easement be transferred back to the current property owner via the Quitclaim Deed attached hereto. SECTION 4. That the said Quitclaim Deed referred to herein, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof as fully as though set forth at length herein, is hereby approved. SECTION 5. That the Mayor and City Clerk of the City of San 19 Bernardino are hereby authorized and directed to execute said Quitclaim Deed 20 on behalf of the City of San Bernardino. 21 SECTION 6. That from and after the date this Resolution is 22 recorded, the vacated Public Service Easement no longer constitutes a public 23 service easement. 24 7. The City Clerk of the City of San Bernardino shall SECTION 25 cause a certified copy of this resolution to be recorded in the office of the 26 County Recorder of the County of San Bernardino. 27 / / 28 / / 02/11/91 2 VACATION AND. QUITCLAIM DEED: PIPELINE EASEMENT NORTHERLY OF THE ~ORTHEAST CORNER OF LITTLE LEAGUE DRIVE AND PENNSYJ;,VANIA AVENUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 HEREBY CERTIFY that the foregoing resolution was duly ado1'ted by the Mayor and Common adjourned _-E~~l~~_______meeting Council of thereof the City of San Bernar'dino at an held the March , 19_2~_, by the following vote, to-wit: _llJ:.h day COUNCIL MEMBERS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER The of on AYES NAYS ABSTAIN ---- __L __L ----"- __L __L _-2L _4._ C~~--X~~------ , . foregoing resolution is hereby approved this day of 13th ________~~~~____________, 19-2~__. ./ \II JR. JIolc mb, M~yor City of S Ber~rdino Approved as to form and legal content: James F. Penman, Ci ty Attorney 28 By: 02/11/91 3 , '. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAil TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX $ ."..,..""""..,.."".. Computed on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which IS hereby acknowledged, THE CITY OF SAN BERNARDINO. a municipal corporation do es hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JOHN A. PULLIAM AND NANCY L. PULLIAM. husband and wife. as joint tenants the real property in the City of San Bernardino County of San Bernardino , State of California, described as All our right. title and interest in and to a portion of an easement for water pipeline and appurtenant facilities. in. over, under and across a strip of land 20 feet in width, described as follows: That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Base and Meridian. according to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue as said street is delineated on the map of Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book 1 of Records of Survey,Page 32, records of the County Recorder of said County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, Page 23, records of the County Recorder of said County; thence North 640 05' 10" West along said Rancho Line, a distance of 571.50 feet. to a point in a line which is (SEE A IT ACHED SHEET) CITY OF SAN BERNARDINO. a municipal corporation Dated ] I" I" W. R. Holcomb. Mayor STATE OF CALIFORNIA COUNTY OF 0, before me. the undersigned. a Notary Public in and for said State, pe~sonally appeared Rachel Krasney, City Clerk personally known to me lor proved to me on the basis of satisfactory eVldencel to be the personls! whose name(Sl ,stare subscribed to the withm Instrument and acknowledged to me that he/she/they executed the same WITNESS my hand and official seal ~Y..H!B/I '~.2) II S'LJ'1ature_________ (This area tor olficial notarial seal) .. '. parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz. et al, by Deed No. 566. recorded February 19, 1970. in Book 7392, Page 128. Official Records of said County, and the True Point of Beginning; thence North 00 01' 28" East. along said parallel line. a distance of 659.15 feet; thence leaving said parallel line. North 590 30' 27" West, a distance of 500 feet, more or less. to a point in a West line of said Schmitz property and the Point of Termination. The side lines of said easement shall be prolonged or shortened so as to begin in said Rancho line and to terminate in said West line of the Schmitz property. . . C::1:u f\'o '1,' -"1, Order No, Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX $ ........................,., Computed on the consideration or value of property conveyed: OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN BERNARDINO, a municipal corporation do es hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JOHN :band and wife, as joint tenants the real pr, County of All our and app' descri be, ;j rJ~ 0U I (\tv , State of California, described as a portion of an easement for water pipeline and across a strip of land 20 feet in width, That pOi San Bern. thereof . followin! f Section 36, Township 2 North, Range 5 West, to the United States Government Township plat wide and lying 10.00 feet on each side of the Commencir. de lineate recorded County, a of Maps, Page 23, west along said ,rline of Magnolia Avenue as said street is later Company Subdivision, as per plat thereof , 32, records of the County Recorder of said m _____ _. "'~ "am;uu nuscupiabe as per plat thereof recorded in Book 7 records of the County Recorder of said County; thence North 640 05' 10" Rancho Line, a distance of 571.50 feet, to a point in a line which is (SEE ATTACHED SHEET) STATE OF CALIFORNIA COUNTY OF I 155. 155. 1991 Dated March 13, 1991 On ~neY~--- before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory eVidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1085 IRev. 12/89) . . . parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz, et aI, by Deed No. 566, recorded February 19, 1970, in Book 7392. Page 128, Official Records of said County, and the True Point of Beginning; thence North 00 01' 28" East, along said parallel line, a distance of 659.15 feet; thence leaving said parallel line, North 590 30' 27" West, a distance of 500 feet, more or less, to a point in a West line of said Schmitz property and the Point of Termination. The side lines of said easement shall be prolonged or shortened so as to begin in said Rancho line and to terminate in said West line of the Schmitz property. First American Title Insurance Company A subsidiary of The First American FinanCIal Corporation CORnED AT REQUEST OF AND MAIL TO ~CJ.uK ~ of60JJ ~A.YO;JJO 11'ff 2a11>YS 3i'C(lfl <l1.NNT "- ~ 5 S~Y L_fiTT 6__ 0 91~105729 RECORDED IN OFFICIAL RECORDS', MAR 29 1991 AT ,t:30lM SAN BERNARDINO COUNTY. CALIF. "'- co ffi ~ c;.; .. 0'- c:C \ ~ . I ~ !a: ,. '>;. - - - P' RESOLUTION NO. 91-77 ._._.RESOJ.W'.10N. OF THE CITY OF SAN BERNARDINO VACATING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR A PUBLIC SERVICE EASEMENT FOR A WATER PIPELINE LOCATED NORTHERLY OF THE NORTHEAST CORNER OF PENNSYLVANIA AVENUE AND LITTLE LEAGUE DRIVE. IN SAN BERNARDINO. WHEREAS. the City of San Bernardino. by document recorded in Book 8401. Page 1047. Official Records of San Bernardino County, did acquire a Public Service Easement for pipelines and appurtenant facilities over a portion of land generally located Northerly of the Northeast corner of Little League Drive and Pennsylvania Avenue; and WHEREAS. the pipeline lying within the easement has been abandoned by the City and is no longer needed for pipeline purposes; and WHEREAS. the property owners wish to develop. sell or otherwise use the land in question. which would utilize the area encumbered by the pipeline easement. NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That this summary vacation of the Public Service Easement located Northerly of the Northeast corner of Little League Drive and Pennsylvania Avenue. is being made under Section 8333 (c), et. seq.. of the Streets and Hi~hways Code, and is described as follows: That portion of the Southwest one-quarter of Section 36. Township 2 North, Range 5 West. San Bernardino Base and Meridian. accordin~ to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue, as said street is delineated on the map of Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book 1 of Records of Survey. Page 32. records of the County Recorder of said County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps. Page 23. records of the County Recorder of said County; thence North 640 05' VACATION AND. OUITCLAIM DEED: PIPELINE EASEMENT NORTHERLY OF THE NORTHEAST CORNER OF LITTLE LEAGUE DRIVE AND PENNSYLVANIA AVENUE 91-105729 1 2 3 4 5 6 7 8 9 10 10" West alon~ said Rancho Line. a distance of 571.50 feet. to a point in a line which is parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz, et al. by Deed No. 566. recorded February 19. 1970. in Book 7392. Page 128. Official Records of said County, and the True Point of Beginning: thence North 00 01' 28" East, along said parallel line, a distance of 659.15 feet; thence leaving said parallel line, North 590 30' 27" West, a distance of 500 feet, more or less, to a point in a West line of said Schmitz property and the Point of Termination. The side shortened terminate lines of said easement shall be so as to begin in said Rancho in said West line of the Schmitz prolonged or line and to property. SECTION 2. That the Public Service Easement referred to herein, 11 and as described in that certain Quitclaim Deed, a copy of which is attached 12 hereto, marked Exhibit "A", is no longer needed for public purposes. 13 14 15 16 17 18 19 20 21 That the Public Service Easement be transferred back SECTION 3. to the current property owner via the Quitclaim Deed attached hereto. SECTION 4. That the said Quitclaim Deed referred to herein, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof as fully as though set forth at length herein, is hereby approved. That the Mayor and City Clerk of the City of San SECTION 5. Bernardino are hereby authorized and directed to execute said Quitclaim Deed on behalf of the City of San Bernardino. SECTION 6. That from and after the date this Resolution is 22 recorded, the vacated Public Service Easement no longer constitutes a public 23 service easement. 24 The City Clerk of the City of San Bernardino shall SECTION 7. 25 cause a certified copy of this resolution to be recorded in the office of the 26 County Recorder of the County of San Bernardino. 27 / / 28 / / 02/11/91 2 02/11/91 VACATION AND QUITCLAIM DEED: PIPELINE EASEMENT NORTHERLY OF THE NORTHEAST CORNER OF LITTLE LEAGUE DRIVE AND PENNSYLVANIA AVENUE 91~105729 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the fore~oing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned reqular meeting thereof held on the --ll1:h day of March . 19 91 . by the following vote. to-wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA -'L REILLY -'L FLORES -'L HAUDSLEY --1L MINOR -'L POPE-LUDLAM --1L HILLER --1L ~~ ~ 13th day resolution is hereby approved this The foregoing March .19~. / . , / / / of //~ /;" /,/ .;{/ . L.- r------ /, . '::: 'W.tR. Jlolcomb. M~yor City of stn Be~rdino / / Approved as to form and legal content: James F. Penman. City Attorney ~~~ 3 91-105729 Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX S .................... ....... Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN BERNARDINO, a III1.IIli.cipal corporation do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to JOHN A. PULLIAII AND NANCY L. PULLIAII. husband and wife. as joint tenants the real property in the City of San Bernardino County of San Bernardino , State of California, described as All our right, title and interest in and to a portion of an ease.ent for water pipeline and appurtenant facilities, in, over, under and across a strip of land 20 feet in width, described as follows: That portion of the Southwest one-quarter of Section 36. Township 2 North. Range 5 West. San Bernardino Base and Meridian. according to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue as said street is delineated on the aap of Irvington Land and Water Company Subdivision. as per plat thereot recorded in Book 1 of Records of Survey.Page 32. records of the County Recorder of said County, and the North line of the Rancho Huscupiabe as per plat thereof recorded in Book 7 of Haps, Page 23, records of the County Recorder of said County: thence North 640 05' 10" West along said Rancho Line. a distance of 571.50 feet. to a point in a line which is (SEE AITACHED SHEET) I 155. Iss. 1991 Dated March 13. 1991 STATE OF CALIFORNIA COUNTY OF 0, ~neY~- before me, the undersigned. a Notary Public in and for said State. personally appeared personally known to me (or proved to me on the basis of satisfactory eVIdence) to be the person(s) whose name(s) is/are subsCribed to the Within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and otficial seat Signature (Thl. area lor official notarial ..al) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1085 (Rev. 12/891 91:-105729 parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz. et al, by Deed No. 566, recorded February 19. 1970. in Book 7392. Page 128. Official Records of said County, and the Tru~ Point of Beginningj thence North 00 01' 26" East. along said parallel line. a distance of 659.15 feet; thence leaving said parallel line, North 590 30' 27" West. a distance of 500 feet. more or less. to a point in a West line of said Schmitz property and the Point of Termination. The side lines of said easement shall be prolonged or shortened so as to begin in said Rancho line and to terminate in said West line of the Schmitz property. " -"'" '. ~.:;:: .~_. :"..=:--.;.:: ,.-- .....;.- First American Title Insurance Company A $ub..dilll"y of Tht Fi~st Amel"lcQII Fintulcwl COrparofloll 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91-105729 1 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO SS 3 I, RACHEL KRASNEY, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino 4 City Resolution No. 91-77 is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official 6 seal of the City of San Bernardino this 21st day of March 19...2L . RACHEL KRASNEY City Clerk By. f~ ~~ D puty ,