HomeMy WebLinkAbout34-Water Department
CiT.;r' 6r: SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Water
ORIGINAL
Subject: RESOLUTION APPROVING A QUIT CLAIM
DEED VACATING A WATER UTILITY EASEMENT BACK
TO UNIVERSITY PARK HOLDINGS, LLC, TO BE
FOLLOWED BY NEW REVISED WATER UTILITY
EASEMENTS IN THE SAME LOCATION (TRACT 16509-1;
LOTS 3 AND 29).
From: Stacey R. Aldstadt, General Manager
Date: 5/25/2006
Synopsis of Previous Council Action:
Unknown
Recommended motion:
Adopt Resolution
~i~~
Contact person: Stacev R. Aldstad!. General Manaaer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
6
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Acct. No.) Water Department
(Acc!. Description)
Finance:
Council Notes: _Reso,
J~
75-0262
{gj1jjOfJ
Agenda Item No. 3'1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Adopt a resolution approving a vacation of a water utility easement to
the owner of record to be followed by new revised water utility
easements in the same location.
Background:
In October 2004, the Board of Water Commissioners voted to accept a
Grant of Easement for installation of approximately 10,850' of ductile
iron pipe, ranging in size from 6" to 30", used as mains for 161
single family homes located north of University Parkway between
Northpark Boulevard and Kendall Drive and south of Devils Creek Flood
Channel (Tract 16509-4).
The developer, Richmond American Homes, has planted trees and
constructed block walls within the above-mentioned easement and said
improvements limit the access to maintain the water mains within the
area of recorded Easement No. 2004-0783247 (attached). The Water
Department has determined that this easement is not acceptable and
request that it be quit claimed back to the owner.
Richmond American Homes is in the final phase of developing said
tract, and any pending sales are dependant on the unused City of San
Bernardino easement being Quit Claimed to them.
Financial Impact:
None
Recommendation:
Adopt a resolution approving the Quit Claim Deed to Richmond American
Homes, releasing and terminating the Easement.
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED VACATING A WATER UTILITY
3 EASEMENT TO RICHMOND AMERICAN HOMES, TO BE FOLLOWED BY NEW REVISED WATER
UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-1; LOTS 3 AND 29) .
4
5
WHEREAS, the City of San Bernardino obtained a water utility
6 easement for Water Department use on October 4, 2004 from University
7 Park Holdings, LLC for installation of various water mains; and
8
WHEREAS, the easement was located North of University Parkway
9 between Northpark Boulevard and Kendall Drive Street and 11th Street,
10 and South of Devils Creek Flood Control Channel and was necessary
11 for the construction of approximately 161 single family homes; and
12
WHEREAS, the developer, Richmond American Homes, has planted
13 trees and constructed block walls within the above-mentioned
14 easement and said improvements limit the access to maintain the
15 water mains within the recorded Easement No. 2004-0757478.
16 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
17 THE CITY OF SAN BERNARDINO AS FOLLOWS:
18
SECTION ONE:
That the City of San Bernardino, a Municipal
19 Corporation, does hereby approve a Quitclaim Deed for an easement
20 for water line purposes to the owner of record, as described in the
21 Grant of Easement No. 2004-0757478 recorded on October 18, 2004 of
22 Official Records of San Bernardino County.
23
SECTION TWO:
That the said Quitclaim Deed referred to herein,
24 a copy of which is attached hereto, marked Exhibit "A", and hereby
25 referred to and made a part hereof as fully as though set forth at
26 length herein, is hereby approved.
27 I I I I I
28 I I I I I
Ylo.3;P
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUI :'CLAIM DEED
VACATING A WATER UTILITY EASEMENT BACK TO UNIVERSITY PARK HOLDINGS, LLC, TO BE FOLLOWED BY NEW REVISED
WATER UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-1; LOTS 3 AND 29)
1
SECTION THREE: That the Mayor and City Clerk of the City of San
2 Bernardino are hereby authorized and directed to execute said
3 Quitclaim Deed on behalf of the City of San Bernardino.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted
5 by the Mayor and Common Council of the City of San Bernardino at a
6
meeting
thereof,
the
day
of
held
on
7
, 2006, by the following vote to wit:
8
9 COUNCIL MEMBERS
AYES
NAYS
ABSENT
ABSTAIN
10 ESTRADA
11 BAXTER
12 MCGINNIS
13 DERRY
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
RACHEL CLARK, City Clerk
19
20
day of
The foregoing resolution is hereby approved this
21
, 2006.
22
23
PATRICK J. MORRIS, Mayor
City of San Bernardino
24
APPROVED AS TO FORM:
25
26
27
(
28
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Richmond American Homes
16845 Von Karman Ave, #100
Irvine, CA 92606
APN: 0151-331-03, II
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 Richmond American Homes of California, Inc., the following real
property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
THAT CERTAIN WATERLINE EASEMENT, BEING THE SOUTHERLY 25 FEET OF LOT 3, AND THE
SOUTHERLY 25 FEET OF LOT 29, DELINEATED ON THE MAP OF TRACT NO. 16509-1, AS PER PLAT
RECORDED IN BOOK 302 OF TRACT MAPS, PAGES 81 THROUGH 95, RECORDS OF SAID COUNTY.
CITY OF SAN BERNARDINO,
DATE:
by:
PATRICK J. MORRIS, 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 name(s) is/are subscribed
to the within instmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instnnnent the person(s), or the entity on behalf of which person(s) acted, execnted the instnnnent.
WITNESS my hand and official seal.
Signature
EXHIBIT "A"
REQUESTED BY AND
WHEN RECORDED MAIL TO:
,
"
~
~... ,
Richmond American Homes
16845 Von Karman Ave, #100
Irvine, CA 92606
"v.:,
APN 0151-331-03,11
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 Richmond American Homes of California, Inc., the following real
property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
mAT CERTAIN WATERLINE EASEMENT, BEING THE SOUTHERLY 25 FEET OF LOT 3, AND THE
SOUTHERLY 25 FEET OF LOT 29, DELINEATED ON THE MAP OF TRACT NO. 16509-1, AS PER PLAT
RECORDED IN BOOK 302 OF TRACT MAPS, PAGES 81 THROUGH 95, RECORDS OF SAID COUNTY.
CITY OF SAN BERNARDINO,
DATE:
by
PATRICK 1. MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
)
) S.S.
)
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 his/her/their authorized capaeity(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.
WITNESS my hand and official seal.
Signature
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # ?if Re~ution #
Vote: Ayes;;),) ~}I/;'/-- 1 Nays::er Abstain ::B:
Change to motion to amend original documents 0 Companion Resolutions
NullNoid After: f\\ I It\.. days /
Resolution # On At~: 0 Note on Resolution of attachment stored separately: 0
JCtJb-j ~q
Absent ~ (p
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated: ;a
Seal Impressed: ~
Reso. # on Staff Report <eSI
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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 No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
o EDA
o Facilities
~ to. Y\.\J.-.I Finance
o Fire Department
o Human Resources
o
o
o
o
o
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
D
~~~
Notes:
~QQ.d" B'IC,q
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
FROM:
June 29, 2006
Sydney Morrison, Senior Administrative Coordina ~ 1.Q I d.-f1/ bee
Water Department ~
Sandra Me&tant to the City Clerk
DATE:
TO:
RE: Executed Quitclaim Deed
Please find enclosed one original executed Quitclaim Deed attached to Resolution No. 2006-189,
approving a quitclaim deed vacating a water utility easement to Richmond American Homes, to
be followed by new revised Water Utility easements in the same location (Tract 16509-1; Lots 3
and 29).
If you have any questions, please call Dodie Otterbein at ext. 3215.