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HomeMy WebLinkAbout20-Development Services - - 1':'1' """ "~--~F-~ ,,-~~ ~--Y-->-i - ..=~----, [-_cF--"c-- _c__ ~iC?--- ,=""""""'''''''''' ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution authorizing the execution of Quitclaim Deeds relative to drainage easements located on the northeast comer of Meyers Rd. and Lynn Court (TR. 13572). MCC Date: 05-16-05 Dept: Development Services Date: May 11, 2005 File No.:15.04-129 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. ~Ydv Contact person: GLORIA J. PEDERSEN Staff Report, Map, Reso. Supporting data attached: Phone: 5226 Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: ~. ~(Jo,r--/l~ Agenda Item No. ~d-IJ ofI~!~ "~'W'" ..... '.,. '~'-p'~-n" . r "'iR~,'""n"',"/r.T-- -. " _ :':'"",c~~"""", CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing the execution of Quitclaim Deeds relative to drainage easements located on the northeast comer of Meyers Rd. and Lynn Court (TR. 13572). BACKGROUND: In January 2004, the City obtained an easement for drainage purposes across the southeasterly 10 feet of Lots 9, 10 and 11 of Tract No. 13572, located on Lynn Court north of Meyers Road as shown on the attached map. However, the drainage swales were constructed within the fenced portion of the lots and the City has no access for maintenance. The easement needs to be abandoned and maintenance relinquished to the respective owners. The attached Resolution authorizes the execution of Quitclaim Deeds for the various drainage easements to the respective property owners. To ensure that the drainage facility will remain functional, a reciprocal easement is being reserved for each of the affected properties. The property owners will be notified of their responsibility to maintain the easements to allow proper drainage of their lots and those adjoining their lots. FINANCIAL IMPACT: No cost to the City. RECOMMENDATION: Adopt Resolution. ><^, ,. 'H .^~..,n^ ^. '^'. . .' "^. I -- '.' --~^'" ' ~.~.'_ ''':12'':'!::1'~~~~ L______________..J PALM AVENUE - - 10 9 ~.. !I 11 12 8 TRACT NO. 11391 ~ kUA.1o be. , U.i~c.~D.LmeA Y . ...-. NOTE: . 7HIS PlAT 1$ SlUlY IN NO . L<<A1Wli 1IIC ATTAQIED DEr8'Jt1II MID IS IIIIT ...... A NltT rHDKF . I CtI.lltili11p.eer., lu. . CIvIl ElIgIMering . Su-veyIng . Land PIInning ~ A_ Tel: 90'-687.2929 EXHIBIT "A" DRAINAGE EASEl/ENT PLA T TR. 1J572, OTY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO ./1 BY: DAlE- SCAlE: PACE: 2 OF 2 '55.00' F.L ,,A18;fU ,- _ tOO' ~ o o o '^_iAJ""e - ,m, --"=~'1~F'~'-"- ',,"'" ", '-"'~'~~?"'-~'"" RESOLVTIONNO. CO)~y 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 2 DIRECTING THE EXECUTION OF QUITCLAIM DEEDS RELATIVE TO DR.A.mAGE EASEMENTS, GENERALLY LOCATED ALONG THE EASTERLY PORTION OF LOTS 3 9,10 AND 11, TRACT NO. 13572, LOCATED ON LYNN COURT, NORTH OF MEYERS 4 ROAD IN SAID CITY. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Quitclaim Deeds for drainage easements along the easterly portions 9 10 11 of Lots 9, 10 and 11 of Tract No. 13572, located on Lynn Court, north of Meyers Road, copies of which are attached hereto as Exhibits "A", "B" and "C", respectively, and made a part hereof. Said 12 drainage easement shall be relinquished to the respective abutting owners: 13 14 15 16 17 18 III 19 III 20 21 22 23 24 25 26 27 28 Lot 9 - Renato Cervantes. Jr., and Janet G. Uhler Lot 10 - Dharmendra R. Patel and Angelina R. Mendoza Lot II - Earl Dugas and Nancy Dugas 11/0. d- D 5// ifl JIJ::- 04/20/05 I 5 on the 6 7 8 9 10 11 12 13 0 14 15 16 J_..._ o o .~~.~~~-- n- n__ I' RESOLUTION AUTHORIZING THE EXECUTION OF QUITCLAIM DEEDS FOR THREE DRAINAGE EASEMENTS LOCATED ON THE EAST SIDE OF LOTS 9, 10 AND II OF TRACT NO. 13572. 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof held day of , 20_, by the following vote, to wit: Council Members: A YES NA YES ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of ,20_, JUDITH VALLES, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 26 27 28 JAMES F. PENMAN City Attorney B:!,,-, t }...... - 04/20/05 2 'T"'-"-~'''\f'"'"''^O'"~~<~' ..~T~"'" T'r >ilI , REQUESTED BY AND . WHEN RECORDED MAIL TO: RCLERK HALL 3'. ~.,~ orth "D" Street San Bernardino, CA 92418 APN: 0261-641-09 15.04-129 GjP Meyers Road & Lynn Court 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, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to, RENATO CERVANTES, JR., A SINGLE MAN and JANET G. UHLER, AN UNMARRIED WOMAN AS JOINT TENANTS the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: The southeasterly 10 feet of Lot 9 of Tract 13572, as shown by map on file in Book 294 of Maps, pages 86 and 87, Records of San Bernardino County, California granted as a drainage easement to Grantor, recorded as Document Number 2004-0044600, records of the County Recorder of said County. RCity of San Bernardino reserves a reciprocal drainage easement to and for the benefit of Lots 10 and II of said .t No. 13572. CITY OF SAN BERNARDINO DATE: By: JUDITH VALLES, Mayor ATTEST: RACHEL CLARK, City Clerk ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) ) S.S. ) COUNTY OF before me, , personally appeared On 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 his/her/their authorized capacity(ies), and that gns/her/their signature(s) on the instrument the person( s) , or the entity on behalf of which person( s) acted, executed the instrument. WITNESS my hand and official seal. I I EXHIBIT "A" Signature .' -_ _"_P~~~'__~~n'___ ~_____" __.._''_,_' -, .",-""","~ , REQUESTED BY AND : WHEN RECORDED MAIL TO: aCLERK HALL -.'. · orth "D" Street San Bernardino, CA 92418 APN: 0261-641-10 15.04-129 GjP Meyers Road & Lynn Court 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, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to, DHARMENDRA R. PATEL, a Single Man and ANGELINA R. MENDOZA, a Single Woman, as Joint Tenants the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: The southeasterly 10 feet of Lot 10 of Tract 13572, as shown by map on file in Book 294 of Maps, pages 86 and 87, Records of San Bernardino County, California granted a drainage easement to Grantor, recorded as Document Number 2004-0044600, records of the County Recorder of said County. Q.-_ City of San Bernardino reserves a reciprocal drainage easement to and for the benefit of Lots 9 and II of said ct No. 13572. CITY OF SAN BERNARDINO DATE: By: JUDITH V ALLES, Mayor ATTEST: RACHEL CLARK, City Clerk ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. ) COUNTY OF On before me, , 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 qhislher/their signature(s) on the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the instrument. .ITNESS my hand and official seal. I I EXHIBIT "B" Signature ..,~.." ---.-'" . REQUESTED BY AND . WHEN RECORDED MAIL TO: , ~y CLERK ." · HALL _ ." orth "D" Street San Bernardino, CA 92418 APN: 0261-641-11 15.04-129 GjP Meyers Road & Lynn Court 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, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to, EARL DUGAS and NANCY DUGAS, Husband and Wife as Joint Tenants, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: The southwesterly 10 feet of Lot 11 of Tract 13572, as shown by map on file in Book 294 of Maps, pages 86 and 87, Records of San Bernardino County, California granted as a drainage easement to Grantor, recorded as Document Number 2004-0044600, records of the County Recorder of said County. The City of San Bernardino reserves a reciprocal drainage easement to and for the benefit of Lots 9 and 10 of said Ot No. 13572. CITY OF SAN BERNARDINO DATE: By: JUDITH V ALLES, Mayor ATTEST: RACHEL CLARK, City Clerk ACKNOWLEDGEMENT OF GRANTOR(S): COUNTY OF ) ) S.S. ) STATE OF CALIFORNIA On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(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 on behalf of which person( s) acted, executed the instrument. Cl:)rn-ESS my hand and official seal. Signature EXHmIT "c" ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Moeting Oat< (Oat< Ad'JP""l' ~ [t<m' do Vote: Ayes 1Q Nays Resolution # ~DS--ll~ Absent ~)-- Abstain Change to motion to amend original documents 0 Companion Resolutions NuUIVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 RECORD W/COUNTY 0 By: f~ Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Reso. Log Updated: rzf Seal Impressed: 6' Reso. # on Staff ReporrD Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I ;,:] / Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes Yes Yes Yes Yes No By_ ~ No By_ No /' By_ No ~',By__ No:L By_ Copies Distributed to: " ~ Animal Control 0 EDA 0 Information Services 0 ~ City Administrator ~ Facilities 0 Parks & Recreation 0 :." City Attorney Finance 0 Police Department 0 Code Compliance Fire Department 0 Public Services 0 Development Services Human Resources 0 Water Department 0 Others: Notes: Date: Revised 12/18/03