HomeMy WebLinkAbout31-Water Department
CITY DF SAN BERNARDIND - REmLJEST FDR CDUNCIL ACTlDN
Dept: Water
ORlG\NAL
Subject: RESOLUTION APPROVING A QUIT CLAIM
DEED VACATING A WATER UTILITY EASEMENT BACK
TO KWANG TAE PARK AND HAE KYUNG PARK, AS
JOINT TENANTS, TO CLEAR THE TITLE OF THE
PROPERTY (APN 139-063-001).
From: Bernard C. Kersey, General Manager
Date: 6/21/2004
Synopsis of Previous Council Action:
Unknown
Recommended motion:
Adopt Resolution
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/Si nature
Contact person: Bemard C. Kersev. General Manaaer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
6
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Acct. No.) Water Department
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. 31
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75-0262
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CITY'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Adopt a resolution approving a vacation of a water utility easement
back to the original owner to clear the title of the property.
Background:
In June 1992, the Board of Water Commissioners voted to approve the
dedication of a 25-foot wide utility easement for ingress/egress,
installation of a 12-inch water main, fire hydrants, meter
installation and ongoing vehicle and equipment access for upgrade and
maintenance for the proposed shopping center located between Baseline
Street and 11th Street, west of Mt. Vernon Avenue. The proposed
shopping center project never started construction and no water
facilities were installed within the area of the recorded easement No.
92-251116 (attached). Water Department engineering staff has
determined that this easement is no longer required and request that
it be quit claimed back to the owner.
Evergreen Devco, Inc. is interested in purchasing the property to
develop a new Walgreens facility. The pending sale is dependant on
the unused City of San Bernardino easement being Quit Claimed back to
the original owner, Mr. Kwang Tae Park and Mrs. Hae Kyung Park.
Evergreen Devco, Inc. has provided a Quit Claim Deed for execution on
behalf of the original owners. Water Department Engineering staff and
the City's Real Property section have reviewed these documents and
found them to be acceptable for recordation.
Financial Impact:
None
Recommendation:
Adopt a resolution approving the Quit Claim Deed back to Mr. Kwang Tae
Park and Mrs. Hae Kyung Park, releasing and terminating the Easement.
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300 North "D" Street
SIn Bernardino. California 92418,
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CHRG .
2 MSYS ' 7 G1MS
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, '92=-25Ut6
RECORDED IN ;
OFFICIAL RECORDS:
92 JUN IS PH 2: 00
SAN BE'RNARPINO
, CO.. CALIF.
3 PCOR 8 NO FEE
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ATTN: Cheryl Flowers
Wa~er Department
4 LNHT lIT FEE
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RECet ' ED
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EASEMENT
KWANG TAE PARK AND HAE KYUNG PARK. husband and wife as jQint tenants
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,
FOR A VAf,.U~ CONSIDEAATION. ~ ofwbidlla hmby aeknowIecipd.
, for Water Department use
Do,~ HoIeby, GrlDt to the CITY OF SAN BERNARDINO a MUDieipaI Co~OII,_..__,......
use. an ,easement for water lines an~ appurtenan~ f~Cilities. in. over.
~nder and across
(Granlor. Grantors)
tbt. ~SIIIIlantardiJao. County ofSaltBemarclino. Stall ofCallfomia:, ,cIacribe!I u folJOws:
SEE ATTAcHED EXHIBIT "A" ' " ,tJC-. e..: " ,
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92-251116
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EXlIIBIT · A "
PROPOSED WATER UNEEASEMBNT
BL DORADO PLAZA
APRIL 22, 1992
THAT PORTION OF LOTS 1, 2, 3, 4 AND 5 OF THE D. FIELDS SUBDIVISION,
IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 5 OF
MAPS, PAGE 79 RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 5, SAID POINT
BEING NORTH 89057'47" EAST, 112.02 FEET FROM THE SOUTHWEST CORNER
OF SAID LOT 5.; THENCE NORTH 0011'38" EAST, A DISTANCE OF 559.18
FEET- '1'0 . A POINT ON. THE SOUTH LINE OF BASELIlffi STREET, SAID POINT
BEING 50.00 FEET SOUTH OF THE C~ERLINE OF BASELINE STREET AND
NORTH 89059'33" EAST, 113.97 FEET FROM THE WEST LINE OF SAID LOT 1;
THENCE NORTH 89059'33" EAST, ALONG THE SOUTH LINE OF SAID BASELINE
STREET, A DISTANCE OF 35.00 FEET; THENCE SOUTH 0011'38" WEST, A
DISTANCE OF 455.23 FEET; THENCE NORTH 89048'22" Wl!:ST, A DISTANCE OF
15.00 FEET; THENCE SOUTH 0011'38" WEST, A DISTANCE OF 104.00 FEET,
TO THE SOUTH LINE OF SAID LOT 5; THENCE SOUTH 89057'47" WEST, A
DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING.
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BOGEN P. EBE, R.C.E. 19120
EXPIRES 9/30/93
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DATE: 4-13-92
PROPOSED WATERUNE EASEMENT
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028
CC(Q)~l[
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED VACATING A WATER UTILITY
EASEMENT BACK TO KWANG TAE PARK AND HAE KUNG PARK, AS JOINT TENANTS,
TO CLEAR THE TITLE OF THE PROPERTY (APN 139-063-001).
WHEREAS, the City of San Bernardino obtained an easement on
June 2, 1992 from Mr. Kwang Tae Park and Mrs. Hae Kyung Park for a
25-foot wide water utility easement for Water Department use; and
WHEREAS, the easement was located between Baseline Street and
11th Street, west of Mt. Vernon Avenue and was necessary for a
proposed shopping center; and
WHEREAS, the proposed shopping center project never started
construction and water facilities were not installed within the area
of the recorded Easement No. 92-251116.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE:
That the City of San Bernardino, a Municipal
Corporation, does hereby approve a Quitclaim Deed for an easement
for water line purposes back to the original owner of record, as
described in the Grant of Easement No. 92-25116 recorded on June 15,
1992 of Official Records of San Bernardino County.
SECTION TWO:
That the said Quitclaim Deed referred to herein,
a copy of which is attached hereto, marked Exhibit" 1", and hereby
referred to and made a part hereof as fully as though set forth at
length herein, is hereby approved.
SECTION THREE: That the Mayor and City Clerk of the City of San
Bernardino are hereby authorized and directed to execute said
Quitclaim Deed on behalf of the City of San Bernardino.
I I I I I
6/21/2004
Page 1 of 2
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028
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING ~.
QUITCLAIM DEED VACATING A WATER UTILITY EASEMENT BACK TO KWANG TAE PARK AND HAS KYUNG PARK,
AS JOINT TENANTS, TO CLEAR THE TITLE OF THE PROPERTY (APN 139-063-0011.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting
thereof,
held
the
day
of
on
, 2004, by the following vote to wit:
COUNCIL MEMBERS
AYES
ABSTAIN
NAYS
ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel Clark, Clty Clerk
The foregoing resolution is. hereby approved this
day of
, 2004.
Judlth Valles, Mayor
City of San Bernardino
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
6/21/2004
Page 2 of 2
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RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
NAME
Kwang Tae Park
Hae Kyung Park
1107 Westminster Mall
Westminster, CA 92683
MAILING
ADDRESS
CITY, STATE
ZIP CODE
NO FEE PER GOVERNMENT CODE SECTION 6103
SPACE ABOVE TIllS LINE IS RESERVED FOR RECORDER'S USE
OUlT CLAIM DEED
Documentary Transfer Tax: None, This is a release and termination of Easements and the
consideration and value is less than One Hundred Dollars ($ I 00), R & T I 191 I ,
THIS QUIT CLAIM DEED ("Quitclaim") is made this _ day of
SAN BERNARDINO, a Municipal Corporation (the "City").
, by the CITY OF
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City hereby quit-claims and forever releases to the record owner, as of the date of recordation
hereof, of the real property encumbered thereby, any and all right, title and interest that the City may
have in and to that certain Easement, recorded as Instrument No. 92-251 I 16, recorded on June IS,
1992 in the Official Records of San Bernardino County, California, more fully described in Exhibit
"A", attached hereto and made a part hereof.
IN WITNESS WHEREOF, this Quit Claim Deed is made as of the day and year first above
written.
CITY OF SAN BERNARDINO
By:
Judith Valles; Mayor
Attest:
Rachel Clark, City Clerk
EXHIBIT 1
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO)
On , 2004 before me, the undersigned, a Notary Public in
and for said County and 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 in hislher/their authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
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EXHIBIT "A"
THAT PORTION OF LOTS 1,2,3,4 AND 5 OF THE D. FIELDS SUBDIVISION,
IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 5 OF
MAPS, PAGE 79 RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 5, SAID,POINT BEING
NORTH 89057'47" EAST, 112.02 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 5;
THENCE NORTH 0011'38" EAST, A DISTANCE OF 559.18 FEET TO A POINT ON THE
SOUTH LINE OF BASELINE STREET, SAID POINT BEING 50.00 FEET'SOUTH OF THE
CENTERLINE OF BASELINE STREET AND NORTH 89059'33" EAST, 113.97 FEET FROM
THE WEST LINE OF SAID LOT I; THENCE NORTH 89059'33" EAST, ALONG THE SOUTH
LINE OF SAID BASELINE STREET, ADISTANCE OF 35.00 FEET; THENCE SOUTH
0011 '38" WEST, A DISTANCE OF 455.23 FEET; THENCE NORTH 89048'22" WEST, A
DISTANCE OF 15.00 FEET; THENCE SOUTH 0011'38" WEST, A DISTANCE OF 104.00
FEET, TO THE SOUTH LINE OF SAID LOT 5; THENCE SOUTH 89057'47" WEST, A
DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING.
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