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HomeMy WebLinkAbout2006-426 1 2 RESOLUTION NO. 2006-426 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED TO CALMAT CO., A DELAWARE CORPORATION, VACATING A WATER UTILITY EASEMENT TO THE OWNER OF RECORD TO CLEAR THE TITLE OF THE PROPERTY. 3 4 5 WHEREAS, the City of San Bernardino, as successor-in-interest to the San Bernardino Water 6 Utilities Corporation, owns an easement for water facilities situated in the City of San Bernardino, County 7 of San Bernardino located in the general vicinity of Cajon Boulevard and Southern Pacific Rail Road; and 8 WHEREAS, Hillwood Development Company, LLC intends to develop almost 1,625,917 square 9 feet of industrial space on land owned by CalMat Co., and affected by this easement; and. 10 WHEREAS, without release of the easement, the parking area and proposed buildings for the 11 development are compromised; and 12 WHEREAS, Water Department staff has confirmed that there are no facilities located in the 13 easement and there are no plans for future facilities that require this easement. 14 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 15 THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION ONE: That the City of San Bernardino, a Municipal Corporation, does hereby 17 approve the easement as declaration of surplus property; 18 SECTION TWO: That a Quitclaim Deed to Calmat Co., a Delaware corporation, referred to 19 herein, a copy of which is attached hereto, marked as Exhibit "1", and hereby referred to and made a part 20 hereof as fully as though set forth at length herein, is hereby approved. 21 SECTION THREE: That the Mayor and City Clerk of the City of San Bernardino are hereby 22 authorized and directed to execute the Quitclaim Deed on behalf of the City of San Bernardino. 23 I I I I I 24 I I I I I 25 I I I I I 26 I I I I I 27 I I I I I 28 IIIII December 4, 2006 1 . 2006-426 A RESOLU110N OF TIm MAYOR AND COMMON COUNCIL OF TIm CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED TO CALMAT CO., A DELAWARE CORPORATION, VACATING A WATER UTILITY EASEMENT TO TIm OWNER OF RECORD TO CLEAR TIm TIlLE OF TIm PROPERTY. 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common 3 Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 4th day of 4 December 2006, by the following vote to wit: 5 6 COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN ESTRADA X BAXTER X BRINKER X DERRY X KELLEY X JOHNSON x MCCAMMACK X 7 8 9 10 11 12 13 14 IJ.dJ jJ. ~ 15 ~ t!:tc~rk 16 The foregoing resolution is hereby approved this &, . day of 17 18 19 December .2006. ~~ ATRlCK'}...MORRlS, Mayor City of San Bernardino 20 APPROVED AS TO FORM: 21 22 .ft JAMES F. PENMAN City Attorney 23 24 25 26 27 28 December 4, 2006 2 . . RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO Hillwood Development Company, LLC Three Lincoln Centre, Suite 800 Da1Jas, Texas 75240 Attn: Michele M. Ringnald ESCROW NO: 06-49016 ORDER NO: S202S300 KS4 Space above this line for Recorder's Use QUITCLAIM DEED APN: 0348.ISI-OI; 0348-ISI-02; 0262-011-38 TIlE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAXIS $ D UNINCORPORATED AREA DeITY OF DCOMPUTED ON THE FUlL VALUE OF TIlE INTEREST OR PROPERTY CONVEYED, OR IS D COMPUTED ON THE FULL VALUE LESS TIlE VALUE OF WENS OR ENCUMBRANCES REMAINING AT TIME OF SALE. AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby, REMISE, RELEASE AND FOREVER QUITCLAIM to Calmat Co., a Delaware corporation, all right, title and interest in and to the easements described in Parcels 3 and 4 of the Grant Deed recorded December 1, 1950 in Book 2680, Page 563 and originally reserved in the Deed to the Muscoy Water Company, a corporation, recorded August 21, 1947 in Book 2073, Page 475, both of the Official Records of the County of San Bernardino, California. Dated: ,2006 GRANTOR: CITY OF SAN BERNARDINO, as successor in interest to San Bernardino Water Utilities Corporation By: Name: Title: STATE OF CALIFORNIA COUNTY OF ON }SS before me. 8 Notary Public in and for said County and State. personally appeared personally know to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subsaibed to the within instrument and acknowlodged to me that he/shelthey executed the some in bislherltheir authorized cepaoity(ies), IlJId thet by bislher!their signature(.) ... the insUumenl the p....on{ s) or entity upon behalf of which the person( s) acted executed the instrument. Witness my hand and official seal Signature of Notary EXHIBIT "1"