HomeMy WebLinkAbout1990-468
10F)1/90
1 RESOLUTION NO. __~_-=-_'f'.hL
2 RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND QUITCLAIMING
THAT CERTAIN SEWER EASEMENT LOCATED SOUTH OF MILL STREET, BETWEEN "(3" STREET
3 AND CRESCENT AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD.
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WHEREAS, the Ci ty of San Ber-nardino, by documents recorded
5 November 4, 1938, in Book 1311, Page 128, Official Records of San Bernardino
6 County, did acquire a Public Service Easement for sewer purposes over a
7 portion of land generally located South of Mill Street, and between "G"
8 street and Crescent Avenue; and
9 WHEREAS, the sewer 1 ine lying within the easement has been
10 abandoned by the City and is no longer needed for sewer purposes; and
11 WHEREAS, the property owners wish to develop, sell or otherwise
12 use the land in question, which would utilize the area encumbered by the
13 sewer easement.
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
That this summary vacation of the Public Service
17 Easement located South of ~Iill Street between Crescent Avenue and "G"
18 Street, is being made under Section 8333 (c), et. seq., of the Streets and
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Highways Code, and is descr-ibed as follows:
Beginning at a point in the South line of Mi 11 Street, in
said City of San Bernar-dino, distant 380 feet West of the
intersection of the South line of Mill Street with the
prolongation South of the center line of "G" Street;
thence South 180 East, 320 feet; thence South 540 East,
1008 and 90/100 feet, a little more or less, to a line
parallel with and distant Northwesterly 100 feet,
measured at right angles from the Southeasterly line of
Col ton Avenue; thence Southwester ly, parallel with the
Southeasterly line of Colton Avenue, 10 feet; thence
North 540 West, 1012 and 79/100 feet, a little more or
less, to a point in the South line of Lot 1, Block 28 of
the Rancho San Bernardino, as pel- plat of said Rancho of
Record in Book 7 of Maps, at Page 2, in the office of the
County Recorder of said County of San Bernardino, distant
248 and 35/100 feet West of the East line of said Lot 1;
thence Nor-th 180 West, 326 and 48/100 feet to the South
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<)tIT<:LAI'1 DELD: SE'<ER EASE\lE~T SUI.'TH ':'F 'JILL STREET, BETWEE\' "G" STREET .W])
A\' I CRESl F\ T A VE\tE
1 ine of '1 ill st reet; alld thence East along the South 1 ine
of Mill Street, to dnd 5/10 feet, to the Place of
Beginning.
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EXCEPTING
WESTERLY
WIDE, AND
FEET WIDE.
SECTION :;:.
THEREFRON, THOSE PORTIONS THEREOF LYING
OF THE EAST LINE OF CRESCENT AVENuE, 40 FEET
EASTERLY OF THE WEST LINE OF "G" STREET, 52
That the Publ1 c Service Easement referred to herein, a
7 and as described in that certain (iuitclaim Deed, a copy of which is attached
hereto, marked Exhibit "A", is no longer needed for public purposes.
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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
12 copy of which is attached hereto, marked Exhibit "A", and made a part hereof
13 as fully as though set forth at length herein, is hereby approved.
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SECTION 5.
That the Mayor and City Clerk of the City of San
15 Ber-nardino are hereby authorized and directed to execute said Quitclaim Deed
10/31/90
on behalf of the City of San Bernardino.
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SECTION 6.
That from and after the date this Resolution is
recorded, the vacated Public Service Easement no longer constitutes a public
service easement.
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10/31/90
r:r_ITCL;\,"1 DEED: SE'iEP EA,<;1-:'!E\T Sm'-Tl! 0" "II'"L ST1,:J::I:T, BEn:EJ;l\ "(," ST~EFT ,\\;P
AN,I ('RESC',;\T IIVE~lE
,
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I HEREBY (ERTIFi that the foregoing resolution was duly adopted by
the Mayor and Common Council ot the City of San Bernardino at a
on the ..i1..bu day
_~___mePting
.w:"M~~~ ,19~i2
thereof
held
of
, by the following vote, to-wit:
COJJNCIL MEMBERS AYES NAYS ABSTAIN
----.
ESTRADA ~
---~---
REILLY y/ -------
FLORES V ------
MAUDSLEY V
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MINOR ~-~ ~ -----
POPE-LUDLAM V
MILLER ~~
CI~~~--~~~-~~~----------
The foregoing resolution is hereby approved this _:I/~ day
of ___~~~_____~, 19f'~_.
7..., / >
----LZ'Z,L~;_~_.:-~~=~_~___
w, R. Holcomp, May
City of San Bernard'no
23 Approved as to form
and legal content:
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25 James F. Penman,
Ci ty Attorney
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27 By:
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Order No.
Escrow No.
Loan No.
'1/' i:-/ / ..-~~
iV-~fs',::~-
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
COVE PROPERTIES, INC., a California corporation
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 sewer facilities
in, over, under and across a strip of land 10 feet in width, described as follows:
Beginning at a point in the South line of Mill Street, in said City of San Bernardino,
distant 380 feet West of the intersection of the South line of Mill Street with the
prolongation South of the center line of "G" Street; thence South 180 East, 320 feet;
thence South 540 East, 1008 and 90/100 feet, a little more or less, to a line parallel
with and distant Northwesterly 100 feet, measured at right angles from the Southeasterly
line of Colton Avenue; thence Southwesterly, parallel with the Southeasterly line of
Colton Avenue. 10 fp.p.+~ thpnrp Mnr+h ~bO Wo~+ tn1~ __~ ~nJ1nn r