HomeMy WebLinkAbout22-Public Works
....
-
-
-
-.
-
CITY OF SAN BERN~INO -
REQUEST F. COUNCIL ACTION
Date: 02-06-91
Subject: Resolution: Vacating and Authorizing the
Execution of a Quitclaim Deed for a Public
Service Easement for water pipeline located
Northerly of the Northeast corner of Little
League Drive and Pennsylvania Avenue
FrO~ROGER G. HARDGRAVE. Director
Dep""public Works (Engineering
Synopsis of Previous Council action:
NONE
Recommended motion:
e
Adopt Resolution
cc: Shauna Edwins. City Administrator
James F. Penman. City Attorney
Contact person:
Annp npRnt+
Phone:
'\328
Supporting data attached: ~h.ff R..pnrt. MAp. R.."nl11tion
Ward:
5
FUNDING REQUIREMENTS:
Amount:
~/.6.
,
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Cel Notes:
75-0262
Agenda Item No
~:U.
-
-
-
-
CITY OF SAN BERN~DINO - REQUEST Fa COUNCIL ACTION
e
e
e
75-0264
STAFF REPORT
A request was received from the City of San Bernardino Municipal Water Department
to relinquish the subject water pipeline as it is no longer needed. The General
Manager and the Board of Water Commissioners of the Water Department are in
agreement with the proposed vacation of the Public Service Easement.
The 20
property.
Pulliams
the area
foot wide water pipeline easement traverses John and Nancy Pulliam's
running across the Northerly section and down the Easterly line. The
have a tentative tract planned for their property and would like to use
in question for a portion of their development.
As the original easement was granted to the City only, and only for waterline
purposes. we can therefore summarily vacate and quitclaim our interest in the
easement to the existing owners of the property without necessitating the entire
vacation procedure for the abandonment of the easement under the provisions of
the Streets and Highways code.
The City has no further use for this easement as the water pipeline is no longer
used. and Staff therefore recommends that the Resolution vacating the easement
and authorizing and directing the execution of the Quitclaim Deed. be adopted.
02-06-91
2
.
.
t~~p;-':",>>7":"' .
"..,-.",. ".... ."
':':-;':', . ':OIiit'{-:,:-;;
~ - . . '. , .. . . , .
'~'~~~:'~;~:::~:;"~~;~~~;f!~~"_- :. - . = ~.-:<:~~~::
..: '::'/::;';7::~::J~r"Jri
...:::\:t~e\::::;'<3,
20'''". 1T1'CIIl_"-
_~PIlCU18
...,. c::rn .... _ _
20' E....'- IT fIOR 'TIUJt---,.
01'___
TENrAllVE TRAcT
I
I
I
I
I
I
/.......... I
/ " :
J.....it\e, '" ~
~Ue. ", :
j)r, >Ie " I
',.. I
"-
,
MAp NO. 14655
tocr CONI11IJC11ON .&,- IT
, '-
PU\"sylvCU\,~" .....~
Ave. - ,.
ICITV EN INEER
01
heclled b!l I v. NaJ~8u of
DATE I Januarv 28. 1991 1 1
AREA V.CATED SHOWN THUS ~
CITY OF SAN BERNARDINO
PUa.IC HORKS DEPARTMENT
ENGII\EERING DIVISION
REAL PROPERTV SECTION
FILE NO.1 15.30-3n6
PLAN NO.1 83Cl7
STREET I ALLEV VACRIDN I
Vacation of 20 foot wide water line
Easement - Northerly of Northwest corner
of Little League Drive & Pennsylvania Ave.
e
e
e
02/11/91
-
-
-
.
.
1
2
3
4
5
6
7
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND AUTHORIZING
THE EXECUTION OF A QUITCLAIM DEED FOR A PUBLIC SERVICE EASEMENT FOR A WATER
PIPELINE LOCATED NORTHERLY OF THE NORTHEAST CORNER OF PENNSYLVANIA AVENUE
AND LITTLE LEAGL~ DRIVE, IN SAN BERNARDINO.
WHEREAS, the City of San Bernardino, by document recorded in Book
8401, Page 1047, Official Records of San Bernardino County, did acquire a
Public Service Easement for pipelines and appurtenant facilities over a
8 portion of land generally located Northerly of the Northeast corner of
9 Little League Drive and Pennsylvania Avenue; and
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS. the pipeline lying within the easement has been abandoned
by the City and is no longer needed for pipeline purposes; and
WHEREAS, the property owners wish to develop, sell or otherwise
use the land in question, which would utilize the area encumbered by the
pipeline easement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That this summary vacation of the Public Service
Easement located Northerly of the Northeast corner of Little League Drive
and Pennsylvania Avenue. is being made under Section 8333 (c). et. seq., of
the Streets and Highways Code. and is described as follows:
That portion of the Southwest one-quarter of Section 36.
Township 2 North. Range 5 West, San Bernardino Base and
Meridian. according to the United States Government
Township plat thereof and being a strip of land 20.00
feet wide and lying 10.00 feet on each side of the
following described centerline:
Commencing at the intersection of the centerline of
Magnolia Avenue, as said street is delineated on the map
of Irvington Land and Water Company Subdivision, as per
plat thereof recorded in Book 1 of Records of Survey,
Page 32. records of the County Recorder of said County,
and the North line of the Rancho Muscupiabe as per plat
thereof recorded in Book 7 of Maps. Page 23, records of
the County Recorder of said County; thence North 640 05'
1
e
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
VACATION
AND ~CLAIM DEED: PIPELINE EASEMENT RTHERL'l. OF THE NOI<THEASl
... CORNER OF LITTLE LEAGUE ~E AND PENNSYLVANIA AVENUE
10" West along said Rancho Line, a distance of 571.50
feet, to a point in a line which is parallel with and
10.00 feet West of and measured at right angles to the
East line of the land conveyed to Richard P. Schmitz, et
aI, by Deed No. 566, recorded February 19, 1970, in Book
7392, Page 128, Official Records of said County, and the
True Point of Beginning; thence North 00 01' 28" East,
along said parallel line, a distance of 659.15 feet;
thence leaving said parallel line, North 590 30' 27"
West, a distance of 500 feet, more or less, to a point in
a West line of said Schmitz property and the Point of
Termination.
The side
shortened
terminate
lines of said easement shall be
so as to begin in said Rancho
in said West line of the Schmitz
prolonged or
line and to
property.
SECTION 2.
That the Public Service Easement referred to herein,
and as described in that certain Quitclaim Deed, a copy of which is attached
hereto, marked Exhibit "A", is no longer needed for public purposes.
SECTION 3.
That the Public Service Easement be transferred back
to the current property owner via the Quitclaim Deed attached hereto.
SECTION 4.
That the said Quitclaim Deed referred to herein, a
copy of which is attached hereto, marked Exhibit "A", and made a part hereof
as fully as though set forth at length herein, is hereby approved.
SECTION 5.
That the Mayor and City Clerk of the City of San
Bernardino are hereby authorized and directed to execute said Quitclaim Deed
on behalf of the City of San Bernardino.
SECTION 6.
That from and after the date this Resolution is
recorded, the vacated Public Service Easement no longer constitutes a public
service easement.
SECTION 7.
The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of the
County Recorder of the County of San Bernardino.
e 27 / /
28 / /
02/11/91
2
.
1
2
3
4
5
6
7
8
10
11
-
--- ---
-
VACATION AND ~ullCLAlM DEt!): l'H't.LINt tA~t.mNJ NU!<JrtLKLl Ut inL l\UiUnL"'"
~ CORNER OF LITTLE LEAGUE ~ AND PENNSYLVANIA AVENUE
I HEREBY CERTIFY that the fore~oing resolution was duly adopted by
the
and Common Council of the City of San Bernardino at a
Mayor
meeting
thereof
held
on the
day
of
. 19_____, bv the following vote. to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
9 FLORES
MAUDSLEY
MINOR
12 POPE-LUDLAM
13
. 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
02/11/91
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 19_____
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to torm
and legal content:
James F. Penman,
City Attorney
~~
3
.
.
Order No.
Escrow No.
INO.
EN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENT TO:
DOCUMENTARY TRANSFER TAX S ..................... ......
Computed on the conSideration or value 01 property conveyed: OR
Computed on the consideratlon or value less liens or encumbrances
remaining at time of sale
Signature of Declarant or Agent determining tax Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of whIch is hereby acknowledged.
THE CITY OF SAN BERNARDINO. a municipal corporation
do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to
JOHN A. PULLIAM AND NANCY L. Pt.n.LIAM. husband and wife. as joint tenants
the real property in the City of San Bernardino
Gounty of San Bernardino
~our right, title and interest in and to
~~ppurtenant facilities, in, over. under
described as follows:
,State of California, described as
a portion of an ease.ent for water ~ipeline
and across a strip of land 20 feet in width,
That portion of the Southwest one-quarter of Section 36, Township 2 North. Range 5 West.
San Bernardino Base and Meridian. according to the United States Government Township plat
thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the
following described centerline:
Commencing at the intersection of the centerline of Magnolia Avenue as said street is
delineated OD the .ap of lrviogton Land and Water Coapany Subdivision, as per plat thereof
recorded in Book 1 of Records of Survey , Page 32, records of the County Recorder of said
County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7
of Maps, Page 23. records of the COWlty Recorder of said County; thence North 640 OS' 10"
West along said Rancho Line, a distance of 571.50 feet. to a point in a line which is
(SEE ATTACHED SHEET)
CITY OF SAN BERNARDINO.
a .unicipal corporation
Dated
STATE OF CALIFORNIA
COUNTY OF
0'
before me. the undersigned. a Notary Public in and for saId Slate,
I
I"
]"
W. R. Holco.b, Mayor
Rachel Krasney, City Clerk
personally appeared
known 10 me lor proved to me on the basiS of satisfactory
eVidence) to be the personlSJ whose namelSl .s/are subscribed 10
the Within lnstrumenl and acknowledged 10 me that he/she/they
ellecuted the same
WITNESS my hand and offlc.al seal
EX.H/ B/I
\.~ II
S~",a!u'e
(This area tor official notarial seal)
-
.
.
e
parallel with and 10.00 feet West of and .easured at right angles to the East line of the
land conveyed to Richard P. Scb.itz. et aI, by Deed No. 566. recorded February 19. 1970.
in Book 7392, Page 128. Official Records of said County. and the True Point of Beginning;
thence North 00 01' 28" East, along said parallel line, eo distance of 659.15 feet; thence
leaving said parallel line. North 590 30' 27" West. a distance of 500 feet. more or less,
to a point in a West line of said Schmitz property and the Point of Termination.
The side lines of said ease.eot shall be prolonged or shortened so as to begin in said
Rancho line and to terminate in said West line of the Schaitz property.
e
e