HomeMy WebLinkAbout34-Public Works
: CaTY' OF SAN BERN^RDINO - REQUEST MR COUNCIL ACTION
. ~. File No. 15.30-273
From:
ROGER G. HARDGRAVE
l\EC'O _AD_ieOff~esolut~on Al;1thorizing Execution
. of a QU1tcla1m Deed--Sewer
._ JAM 31 t.M 9' J'Jisement, located generally
IiIV'J South of Valley, West of Allen
Streets
Oept:
Public Works/Engineering
0...:
1-24-89
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: James Robbins
James Richardson
James Penman
Supporting data attached:
Anne DeBolt
Staff Report,
Map, Resolution
Phone:
5328
Contact person:
Ward:
1
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. OescriDtionl
Finance:
Council Notes:
75.0262
Agenda Item No. ..31
. CITY' OF SAN BERN~DINO - REQUEST FA COUNCIL ACTION
STAFF REPORT
A letter was received from the owners of property
located generally South of Valley Street and West of Allen
Street to vacate that certain sewer easement which crosses
their property. The easement was granted to the City of San
Bernardino on June 18, 1928, for sewer purposes only and did
not include any rights for any public utilities.
The sewer line which lays within the easement has long
since been abandoned by the City as new sewer construction in
the area rendered it useless.
As the original easement was granted to the City only,
and only for sewer purposes, we can, therefore, quitclaim our
interest in the easement to the existing owners of the property
without necessitating vacating the easement under the
provisions of the Streets and Highways code.
The City has no further use for the easement
therefore, recommends that the resolution authorizing
directing the execution of a Quitclaim Deed, be adopted.
and,
and
1-24-89
75.0264
.
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THAT
CERTAIN SEWER EASEMENT LOCATED SOUTH OF VALLEY STREET AND WEST OF
3 ALLEN STREET IN THE CITY OF SAN BERNARDINO, TO MARJORIE JANE
SWANSON, MARGARET JEAN BODDEN, RICHARD C. HUGHES AND PRISCILLA G.
4 HUGHES.
5
WHEREAS, the Ci tyof San Bernardino, by document recorded
6 June 18, 1928, in Book 382, Page 256, Official Records of San
7 Bernardino County, did acquire an easement for sewer purposes over
8 a portion of land generally located South of' Valley Street and
9 West of Allen Street in the City of San Bernardino; and
10
WHEREAS, the sewer line lying within the easement has been
11 abandoned by the City and is no longer needed for sewer purposes;
12 and
13
WHEREAS, the property owners wish to develop the land in
14 question which would utilize the area encumbered by the sewer
15 easement.
16
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
17 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
18 SECTION 1. That the sewer easement referred to herein and
19 as described in that certain Quitclaim Deed, a copy of which is
20 attached hereto, marked Exhibit "A," is no longer needed for
21 public purposes.
22 SECTION 2. That the said Quitclaim Deed referred to
23 herein, a copy of which is attached hereto, marked Exhibit IIA,"
24 and made a part hereof as fully as though set forth at length
25 herein, is hereby approved.
26 SECTION 3. That the Mayor and City Clerk of the City of
27 San Bernardino are hereby authorized and directed to execute said
28 Quitclaim Deed on behalf of the City of San Bernardino.
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1/24/89i
-
Resolution:
Au~riZing Quitclaim of Sewer
-"
~
Easement S/of Valley, W/of Allen
1
I HEREBY CERTIFY that the foregoing resolution was du1
2 adopted by the Mayor and Common Council of the City of Sa
3 Bernardino at a
meeting thereof, held on th
, 1989, by the following vote, to
4
day of
5 wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this da
of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernrdino
Approved as to form
and legal content:
I~ fc
I.bf~ 1-. I ~/fAf\4,
Vy Attorney
- 2 -
-
.. .
Ord. N~t'-"\
ESl..1'OW N\wI
Loan No.
File No. 15.30-273
WHEN RECOROEO MAIL TO:
SPACE A aVE THIS LINE FOR fl COR EROS USE
MAIL TAX STATEMENTS TO:
OOCLNENTARY 11lANSfER TAX $ - 0-
...... Camputld on ....a c:onI6dIntIOn or v..... of ~ conw-ved; OR
...... Computed on the considWarion orv.....I_I.... Dr ancumbfww:el
remeinlne . timt of .....
Sl,MtYte of o.c....em 1M' AteM ..-mlnl", UIl - Firm Neme
qUITCLAIM DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
THE CITY OF SAN BERNAROINO, A Municipal Corporation
do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
(SEE EXHIBIT "B")
the real prope"y in the City of San Bernardi no
County of San Bernard; no
, State of California, described as
A perpetual easement and right-of-way for the construction and maintenance
of a sewer pipeline at least three feet below the surface of the ground in,
over, under, and across a portion of Lot 5 and Lots 12, 13, 14 and 15,
Block "0" of Shay's Half Acres No.2, as per Plat recorded in Book 23 of
Maps, Page 60, records of said County, and a portion of Oorothy Street, now
vacated, lying between the Westerly prolongation of the North and South
boundary lines of said Lot 5, extended West to the East line of the right-
of-way of the Atchison, Topeka and Santa Fe Railroad, described as follows;
Beginning at a point on the West line of Allen Street 719.3 feet North of
the North line of Mill Street; thence Westerly and parallel with the North
line of Mill Street to the East line of the right-of-way of the Atchison,
Topeka and Santa Fe Railway Company; thence Northerly along the East line
of said right-of-way of the Atchison, Topeka and Santa Fe Railway Company
to a point 734.3 feet North of the North line of Mill Street; thence Easterly
and parallel with the North line of Mill Street 10 feet; thence Southerly
and parallel with the West line of Allen Street 5 feet; thence Easterly and
parallel with the North line of Mill Street to the West line of Allen Street;
thence Southerly along the West line of Allen Street 10 feet to the point
of beginning.
Dated
,
,-
,
STA.TE OF CALIFORNIA
COUNTY OF
o.
biller. me, lhe underIlgMd, . Notary Public In and for u1dStat., I*"
lOtlal'YAPIMarec:l....-
personally known to me (or PrOYed to me on the bull of NliafllCtor,
evidence) to be the peraon(S) whOM name(l) iIIar. lublc:rlbed to Ihe
wilhin instrument and acknowledged to ma that he/shettnev ell8CuteC
tn...me.
WITNESS my nand and official....!.
IThl.ar..torottlcla. notarial.aall
SiQNltur.
1085 {6/821
1-24-89
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
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r' "
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EXHIBIT "B"
MARJORIE JANE SWANSON, a married woman as her sole and separate property,
as to an undivided one.fourth interest; MARGARET JEAN BODDEN, a married
woman as her sole and separate property, as to an undivided one-fourth
interest; and RICHARD C. HUGHES and PRISCILLA G. HUGHES, husband and wife
as Joint Tenants as to an undivided one-half interest; all as Tenants in
Conmon;