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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: James Funk, 0 Ri '.'::, : : ~ t\ L Subject: Resolution authorizing and
Director . - directing execution of a Quitclaim Deed
for a City sewer easement located at
Dept: Development Services Cooley Drive and 1-215 freeway in the
City of Colton.
Date: April II, 2002
File No.15.03.99
MCC Date: 04-15-2002
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution
Contact person: EILEEN GOMEZ
Supporting data attached: StaffReportlMapl
Resolution/QUItclaim
FUNDING REQUIREMENTS: Amount:N/A
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James Funk. ;;:1
Phone: 5328
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Ward:
N/A
Source: (Acct. No.)
(Ar.d np.~r.ription)
Finance:
Council Notes:
Llc:,o ~ JW-l 01
Agenda Item No. 16
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing and directing execution of a Quitclaim Deed for a City sewer easement
located at Cooley Drive and 1-215 freeway in the City of Colton.
BACKGROUND:
The present owner of the property, East Valley Land Company, LLC, is in the process of
planning for a future development to be located in the Cooley Ranch area in the City of Colton.
On behalf of the property owner, Gresham, Savage, Nolan & Tilden, LLP submitted a request to
our office for a quitclaim of a sewage easement document. This easement is located in the City
of Colton, which was granted to the City for the maintenance and operation of a sewage disposal
pipeline. The easement document between Arthur Gregory and J.D. Langford and the City was
recorded on July 26,1907. The easement contains a "sunset" provision which states that in the
event the City fails to use this easement for the flowing and depositing of City sewage on said
property for a period of six (6) months, the grant shall terminate. The clause also provides that
under no other circumstances shall this grant terminate or the City be deprived of its sewage
rights.
After research of the easement was conducted, staff and the Water Department have concluded
that the City never used the easement for the installation of sewage pipes or any other facilities
pertaining to the depositing, flowing or disposing of sewage. The present landowner's engineer
has also concluded that there were no sewage pipes or other facilities installed in the easement
area. Based on the "sunset" provision and due to the lack of installation of facilities to be
maintained by the City in the easement, the petitioner is requesting that the City quitclaim the
easement back to the current property owner in order to clear the title on the property.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF A
QUITCLAIM DEED TO EAST VALLEY LAND COMPANY, LLC, FOR A CITY SEWER
EASEMENT LOCATED AT COOLEY DRIVE AND 1-215 FREEWAY IN THE CITY OF
COLTON.
BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Quitclaim Deed for a sewage disposal pipeline
easement, and the right of depositing, flowing and disposing of sewage, a copy of which is attached
hereto and marked as Exhibit "I".
1//
04/1\102
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RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF A QUITCLAIM DEED FOR A
CITY SEWER EASEMENT LOCATED AT COOLEY DRIVE AND 1-215 FREEWAY IN THE CITY OF
COLTON.
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20 The foregoing resolution is hereby approved this
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
,20_, by the following vote, to wit:
Council Members:
AYES
NAYS
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
e
ANDERSON
MCCAMMACK
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JAMES F. PENMAN
City Attorney
n ::2 r
By: ~ ( ~~'"'
0&02
Approved as to form
and legal content:
meeting thereof
ABSTAIN
ABSENT
City Clerk
day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
2
REQUESTED BY AND
WHEN RECORDED MAil TO:
CITY CLERK
ATV HALL
.0 North "D" Street
San Bernardino, CA 92418
APN: 0276-131-81,0276-131-82,
0276-131-83,0276-131-84
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
East Valley Land Company, LLC, a California limited liability company, the following real property located in
the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A"
.
DATE:
CITY OF SAN BERNARDINO,
by:
JUDITH V ALLES, 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) islare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that
by histher/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 "1"
e
EXHIBIT "A"
Sewage Pipeline and Disposal Right
Cooley Ranch I City of Colton
All that certain real property in the City of Colton, County of San Bernardino, State of
California, being a portion of that certain Sewage Disposal Pipeline and the right of
depositing, flowing and disposing of sewage according to an "Indenture" between Authur
Gregory and J.D. Langford and the City of San Bernardino, recorded July 26, 1907 in
Book "R" page 283 of Miscellaneous records of said county, said portion being all of said
pipeline and said right lying within Parcels I through 10 inclusive of Parcel Map 15571
as per plat recorded in Book 190 page 94 and 95, of Parcel Maps, records of said county.
The hereinabove described pipeline and area of disposal right are shown on Exhibit "B"
attached hereto and by this reference made a part hereof.
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, P'7'7":l INDICATES APPROX. lOCATION
, ILLLJ OF' R1QfT TO DISPOSE OF' SEWAGE
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INDICATES APPROx. lOCATION OF'
SEWAGE PlPEUNE
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PARCEL 1
P. 03
W W.J. McKEEVER. INC.
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EXHIBIT "B"
VACATION OF SEWAGE PIPELINE
AND RIGHT TO DISPOSE OF SEWAGE
COOLEY RANCH
CITY or COLTON
,.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): Ii-I 6 - UC) Item # I Co Resolution #
Vote: Ayes I - "1 Nays e- Abstaine?
Change to motion to amend original documents: -e-
,;) VO:;) - 10 q
Absent e--
Reso. # On Attachments: ./
Contract teno: -
Note on Resolution of Attachment stored separately: =---
Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTV
Date Sent to Mayor: ---=t - J{P - 09-
Date of Mayor's Signature: .4 -\(, -D d-
Date of ClerklCDC Signature: .L\ - n --() d--
Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
"'\
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distrib7t to:
City Attorney Code Compliance
Dev. Services
Parks & Rec.
Police
Public Services
Water
Notes:
NullNoid After: -
By: -
Reso. Log Updated:
Seal Impressed:
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Date Returned:
Ves ,;
No
By_
By_
By_
By_
By_
Ves
Ves
Ves
Ves
NOl
No
No
No
/
MIS
Finance
EDA
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: --1rrL-
Date: 4-\q--o~
Revised 01112101