HomeMy WebLinkAbout35-Water Department
C'ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Stacey R. Aldstadt, General Manager
Dept: Water
ORIGINAL
Subject: RESOLUTION APPROVING A QUIT CLAIM
DEED VACATING A WATER UTILITY EASEMENT TO
RICHMOND AMERICAN HOMES, TO BE FOLLOWED BY
NEW REVISED WATER UTILITY EASEMENTS IN THE
SAME LOCATION (TRACT 16509-4; LOT 85).
Date: 5/25/2006
Synopsis of Previous Council Action:
Unknown
Recommended motion:
Adopt Resolution
~~~
Contact person: Stacev R. Aldstadt. General ManaQer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
6
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Acct. No.) Water Deoartment
(Acct. Descriotion)
Council Notes:
Finance:
rKeSD_ d-DDf... -li()
75-0262
lI/illofl
Agenda Item No. "M
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 16509-4; LOT 85) .
4
5
WHEREAS, the City of San Bernardino obtained a water utility
6 easement for Water Department use on October 26,
2004 from
7 University Park Holdings, LLC for installation of various water
8 mains; and
9 WHEREAS, the easement was located North of University Parkway
10 between Northpark Boulevard and Kendall Drive Street and 11th Street,
11 and South of Devils Creek Flood Control Channel and was necessary
12 for the construction of approximately 161 single family homes; and
13
WHEREAS, the developer, Richmond American Homes, has planted
14 trees and constructed block walls within the above-mentioned
15 easement and said improvements limit the access to maintain the
16 water mains within the recorded Easement No. 2004-0783247.
17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
18 THE CITY OF SAN BERNARDINO AS FOLLOWS:
19
SECTION ONE:
That the City of San Bernardino, a Municipal
20 Corporation, does hereby approve a Quitclaim Deed for an easement
21 for water line purposes to the owner of record, as described in the
22 Grant of Easement No. 2004-0783247 recorded on October 27, 2004 of
23 Official Records of San Bernardino County.
24
SECTION TWO:
That the said Quitclaim Deed referred to herein,
25 a copy of which is attached hereto, marked Exhibit "A", and hereby
26 referred to and made a part hereof as fully as though set forth at
27 length herein, is hereby approved.
28 I I I I I
6/19/2006
YLo .3 0-
~/t(./6 6
Page 1 of 2
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 UNIVERSITY FARK HOLDINGS, LLC, TO BE FOLLOWED BY NEW REVISED
WATER UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85)
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 COUNCIL MEMBERS AYES
9 ESTRADA
10 BAXTER
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18
NAYS
ABSENT
ABSTAIN
RACHEL CLARK, City Clerk
19
The foregoing resolution is hereby approved this
day of
20
, 2006.
21
22
PATRICK J. MORRIS, Mayor
City of San Bernardino
23
APPROVED AS TO FORM:
24
,
( /)
By: \ /; '~"""~'"'-"-'
JAMES F. PENMAN
) City Attorney
\.-.-/"
25
26
27
28
6/19/2006
Page 2 of 2
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Richmond American Homes
16845 Von Karman Ave, # 1 00
Irvine. CA 92606
APN: 0151-342-12
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERA TIO\!, 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 AS DESCRIBED IN DOCUMENT NO. 2004-0783247, BEING
THE EASTERLY IS FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO. 16509-4, AS PER PLAT
RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY.
CITY OF SAN BERNARDINO,
by:
DATE:
PATRICK J. MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
ACKNOWLEDGEMENT OF GRANTOR(S):
)
) S.S.
)
STATE OF CALIFORNIA
COUNTY OF
On
before me,
, personally appeared
personally known to me (or proved to me on the basis of s~tjsfactory evidence) to be the person(s) whose name(s) 'is/are subs-Z;ib~
to the \\'ithin instrument 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 instrument the person(s), or the entity on behalf of which person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT "A"
REQUESTED BY AND
WHEN RECORDED MAIL TO:
,.,
'~J
, ~,- t
r(li~' ,~,
't
..k"'(t-iN;' '.I
. 1'''
Richmond American Homes
16845 Von Karman Ave, #100
Irvine, CA 92606
APN: 0151-342-12
VUIILLAllnu~~u
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 AS DESCRIBED IN DOCUMENT NO. 2004-0783247, BEING
THE EASTERLY 15 FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO. 16509-4, AS PER PLAT
RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY.
CITY OF SAN BERNARDINO,
DATE:
by:
PATRICK J. MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
ACKl'iOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
.._~----)
STA TE 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 instrument and acknO\vledged to me that he/she/they executed the same in his/iher/their authorized capacity(ies), and that
by' his. her,their signature(s) on the instrument the person(s) , or the entity on behalf of vihich person(s) 3cted, 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): lv) i ~ \ 010 Item # ~c:;. Resolution #
Vote: Ayescl)")VJ 1)<17 Nays -f:y Abstain-cr
Change to motion to amend original documents D Companion Resolutions
dCDb-J~ 0
Absent I'I--~
Null/Void After:
days/
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: .} ~
Date of Mayor's Signature. Ulf {.O~ .
Date ofClerk/CDC Signature: 1.)0 JiJ0
Reso. Log Updated: R
~
Seal Impressed:
Reso. # on Staff Report
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2'd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
Copies Distributed to:
Animal Control
D
D
~1,c\:(\Ov
D
D
EDA D Information Services D
Facilities D Parks & Recreation D
Finance D Police Department D
Fire Department D Public Services D s,Jj~
Human Resources D Water Department ~ afJul
City Administrator
City Attorney
Code Compliance
Development Services
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 29, 2006 ~
Sydney Morrison, Senior Administrative Coordinator
Water Department
.15\~V .
Sandra Medfna, Asststant to the Ctty Clerk
LaI'2-Ci / 0 ~
TO:
FROM:
RE:
Executed Quitclaim Deed
Please find enclosed one original executed Quitclaim Deed attached to Resolution No. 2006-190,
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 16509-4; Lot
85).
If you have any questions, please call Dodie Otterbein at ex!. 3215.