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Home My WebLink About15-Water CITY OF SAN BERN,'" "lDINO - REQUEST FC' COUNCIL ACTION From: Cheryl Flowers Subject: Resolution accepting a Grant Deed for donated property known as Parcel No, 139-103-14 for Water Department use. Dept: Water Date: August 15, 1994 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION ~~ Signature Contact person: Cheryl Flowers. Assistant General Manaaer Phone: 384-5393 Supporting data attached: Resolution/Staff ReoortlCorresoondence Ward: 6 FUNDING REQUIREMENTS: Amount: None " Source: (Acct. No.\ (Acct. Descriotion\ Finance: Council Notes: 7!Hl262 Agenda Item No. J 5 CITY OF SAN BERN..:tDINO - REQUEST Ft .1 COUNCIL ACTION STAFF REPORT In April, the Water Department was contacted by the Mayor's office with notification of a vacant piece of property which the owners desired to donate to the ci ty. The property is a vacant residential lot located on the west side of Mt. Vernon Avenue, between lOth and Olive streets, west of the Water Department's "loth and J" and "Olive and Garner" well sites. The property therefore could be utilized as a domestic well site. The existing owners, Alvin C. Watson, Orville Watson, Shirley Roark, Charline Swedell, Avalee Jobbes, John L. Watson, and Audrey Norris, each as to an undivided 1/7th interest, have offered to donate the lot to the City if the City will pay: . the delinquent property tax of $34.71 (as of April 1994); . all escrow fees; · nuisance abatement assessments of $115.00 for 1989, $153.50 for 1991, and $169.50 for 1992, and . accept a parcel that has a billboard lease and billboard on the front portion of the parcel (Lease proceeds to transfer to the City). The Water Department had a title search and an ASTM transaction screening (abbreviated Environmental site Assessment in accordance with the Environmental Protection Agency) conducted to determine the viability of acquiring the site. No significant issues were identified and therefore the Department finds no reason to not acquire the site. The acquisition of the subject parcel (APN 139-103-14) was considered by the Board of Water Commissioners at their July 5, 1994 meeting; they voted unanimously to accept the parcel and authorize staff to prepare a resolution for the Mayor and Common Council to accept a grant deed from the property owners and to dedicate the property for Water Department use. " 1 RESOLUTION NO. . 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM ALVIN C. WATSON, ORVILLE 3 WATSON, SHIRLEY ROARK, CHARLINE SWEDELL, AVALEE JOBBES, JOHN L. WATSON AND AUDREY NORRIS, EACH AS TO AN UNDIVIDED 1/7TH INTEREST, FOR DONATED 4 PROPERTY KNOWN AS PARCEL NO. 139-103-14 FOR WATER DEPARTMENT USE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION ONE: The city of San Bernardino hereby accepts the Grant 8 Deed from the aforementioned owners of Parcel No. 139-103-14, as set 9 forth in Exhibit "1" attached hereto and incorporated herein by 10 reference as though fully set forth at length herein. 11 SECTION TWO: That the property acquired herein is dedicated for 12 Water Department use. 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted 14 by the Mayor and Common Council of the city of San Bernardino at a 15 meeting thereof, held on the day of , 16 1994, by the following vote, to-wit: 17 COUNCILMEMBERS: 18 NEGRETE 19 CURLIN ADS. BUll ABSTAl:N ABSENT 20 HERNANDEZ 21 OBERHELMAN 22 DEVLIN 23 POPE-LUDLAM 24 MILLER " 25 26 27 28 Rachel Clerk, City Clerk The foregoing resolution is hereby approved this day of 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM ALVIN C. WATSON, ORVILLE 2 WATSON, SHIRLEY ROARK, CHARLINE SWEDELL, AVALEE JOBBES, JOHN L. WATSON AND AUDREY NORRIS, EACH AS TO AN UNDIVIDED 1./7TH INTEREST, FOR 3 PROPERTY KNOWN AS PARCEL NO. 1.39-103-14 FOR WATER DEPARTMENT USE. 4 5 6 7 8 , 1994. Tom Minor, Mayor City of San Bernardino 9 APPROVED AS TO FORM AND LEGAL CONTENT 10 JAMES F. PENMAN 11 ci ty Attorney 12 BY: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :::::> - . '" !2 ~ G 00" .~ .~ 1:) '-:"" ~<(,..: " ..<0 ~-- ~~,..,.~ C:J,(O I:) Op ,,"".- ::> :: " ~ I - , ) C\l J ~ ) lXj ) ~ ? j ; ",...cw./Vo .~ ~..i- :: -'t.~- :) .fJ.Nf'IJ? o ~t- @ -' 3nN3^'1 ---, I I ..~ I i NON/J3^ ';.I'I_'L.,..i___ . . i .V I ----t----;- i .1"f:D .'''''' 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A~ '- ~ . e ..~~ @ .. @ . 1....- ~ e .. @ e .. -.- I c> e @ e . ~. e .. - '" <9. ". , e,. ., (Q \ ::; @ . @ -."... 0 @l \, ..-LI .. 00 .. <ID 0 -- , ! --) ~ - @ .. ~ - @ ~ ,_.I' _ .-.r.: -.. ~ @ ..' o - .. "I ... '" "I a! ~ . '" 0 !:: :l! ~ 0 ~ .r; "I " "I V) ... ~ CIl'" 0 .,01 " .... ~ CIl<o :i'" i . CIl ~~ :! ... I l! "ICIl II. .0 :x: <i 0", I- :!:... 2 '" - cl " :;:!: ! 0 It ~ .., 1-- " ... ~~ ~u L ....._i. {II........ ...,....", ~~~, ....a. ... c " 00 _u . 0.&0 o"S ~Q,,~ o ..-0. c ~'" ~ 0_" ",lD ..... "0" :00 <tlDUl . .!! ... -.>0 0<) ..J " ~:; .; ~ Di~ V) . C; t! . . :~ . " ...:!: . .. ~ L -" " ' - . . . = c " ~:; ~ 8=~ ...." J!:i= ~.l!. i:;.! "E~ .I:': . . " .c .!:; I: ~ ~ . ~ . ~ . ~ . ,,~ . ~A'i ~ g E .;: e -!... . c " c ~ " .I! ~ . .!!.s~ ~ ~ . ...._u ell .V " .. .. !!! .. .. .. '" Jl 0 ..:1 CITY OF SAN BERNARDINO MUNICIPAL WATER. DEPARTMENT Il'I'r.KKOFFICE MEMORANDUM TO: Bill Bryden' ,~ FROM: James Dye SUBJECT: PARCEL #139-103-14 - VACANT PROPERTY ON MT. VERNON AVENUE BETWEEN 10TH AND OLIVE STREETS DATE: April 25, 1994 J. Stejskal COPIES: I have reviewed the preliminary title report for this property. The following summary will identify the issues addressed in the report: Item No.1, 2, and 3 contain tax information. Item No.2 identifies $34.71 in delinquent taxes. Item No. 4 identifies the property as being in an assessment district with associated taxes. Item No. 5 contains restrictions on property usage and set back lines as well as race restrictions. The property is exempt from the residential re- striction; however it may have zoning restrictions placed by Planning. The race restrictions should be removed in the title transfer even though they are not legally binding. Items No.6, 8, and 9 contain liens for maintenance and upkeep in the amount of $ 438.00. Item No.7, identifies the property as being within the MT: VERNON CORRIDOR REDEVELOPMENT PROJECT AREA " Item No. 10 is a catch all for items not yet found. Based on my preliminary review of the title report I find no reason not to accept the subject property provided that financial arrangements are made to cover the existing tax obligations on the property. Bill Bryden Page 2 April 25, 1994 RE: PARCEL #139-103-14 - VACAll'l' PROPERTY ON KT. VERNON AVENUE BETWEEN 10TH AND OLrVE srTE rNVESTrGATrON: As you know, the scope and consequently the cost of an Environmen- tal site assessment can vary a great deal. The ASTM Transaction Screen has been developed as a preliminary check list to determine historical property use; it is not an Environmental site Assess- ment. The subject property was sold as residential property in 1924 and appears to have not been developed since then. I recommend the ASTM Traction Screen in leu of a full blown Environmental site Assessment because of the apparent lack of use, the size of the property, and the residential area. The scope of the ASTM Transac- tion Screen has been identified in proposals by two environmental firms. In addition to the ASTM Transaction screen, we have requested the environmental firms take soil samples to a depth of 10 feet for lab analysis. The lab will be looking for any petroleum hydrocarbons in the soil. The following proposals were received: CHJ Incorporated for ASTM Transaction Screen and soils investigation................. $ 1900.00 Bryan A. Stirrat and Associates for Transaction Screen and soils investigation...... $ 1850.00 I recommend using Bryan A. stirrat and Associates provided the Assistant City Attorney's contract review comments are appropriate- ly addressed. LETTER OF PERMrSBl:ON: " In order for the consultant to test the soil they need permission from the owner. I have drafted a letter to the owner requesting permission to test and holding him or her harmless. Please review and comment. PURCHASE REQUISITION: I have completed a purchase request for yours and Joe's signature to enable Tom to proceed with initiating the contract. . . Bill Bryden Page 3 April 25, 1994 RE: PARCEL #139-103-14 - VACAllT PROPERTY ON KT. VERNON AVENUE BETWEEN 10TH AND OLIVE CONCLUSION: I recommend that we proceed with the Transaction Screen and soils investigation. If nothing turns up, I see no reason not to acquire this property. Q&,~ ~es Dye enior Engineer JD:eg " -- FIRST AMERICAN TITLE INSURANCE COMPANY 323 COURT STREET (p.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 WIRE TRANSFER INSTRUCTIONS TO FIRST AMERICAN TITLE INSURANCE COMPANY, SAN BERNARDINO COUN'l'Y, CALIFORNIA: RECEIVING BANK: THE BANK OF CALIFORNIA 293 NORTH "0" STREET SAN BERNARDINO, CA 92401 TELEPHONE: (909) 383-0430 FEDERAL ROUTING NO: 121000015 ACCOUNT NAME: FIRST AMERICAN TITLE INSURANCE COMPANY SPECIAL TRUST ACCOUNT ACCOUNT NUMBER: 049007919 REFERENCE: . TITLE ORDER NUMBER TITLE OFFICER'S NAME (THIS INFORMATION ~ BE INCLUDED IN WIRE TEXT) ADDITIONAL INFORMATION: TO INSURE RECORDING, THE TITLE OFFICER HOST BE ADVISED BEFORE WIRE IS SENT COMPANY CONTACT: ANITA MARTINEZ ACCOUNTING DEPARTMENT (909) 889-0311, Ext. 3324 " 184455 FIRST AMERIC~ TITLE INSURANCE COMPANY 323 COURT STREET (P.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPT. P.O. BOX 710 SAN BERNARDINO, CA 92418 ATTENTION: JAMES DYE YOUR REFERENCE: WATSON OUR ORDER NO. 184455 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON .OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRE.D TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT "A" ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE PROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. OF. ~CH l!'ft 1994 AT 7:30 .0 0 i(} (~1!J "Pi ..../.: ',' U1v)~ i \.. '~_,\/ ; I '. A.M. LADD O. ,cARLTON Tyt_LE OFFICER PAGE 1 184455 THE FORM_ OF POLICY OF T~TLE INSURANCE CONTEMPLATED BY THIS REPORT IS: (BASE RATE APPLIES) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ALVIN C. WATSON, ORVILLE WATSON, SHIRLEY ROARK, CHARLINE SWEDELL, AVALEE JOBBES, JOHN L. WATSON AND AUDREY NORRIS, EACH AS TO AN UNDIVIDED 1/7TH INTEREST THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS: LOT 3, BLOCK 2, FRANK C. PLATT MT. VERNON SUBDIVISION NO. I, TRACT NO. 1705, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 25 OF MAPS, PAGE 28, RECORDS OF SAID COUNTY. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994 - 9 5 , NOW A LIEN NOT YET PAYABLE. .2. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1993-94: FIRST INSTALLMENT: $34.71 DELINQUENT. SECOND INSTALLMENT: $34.71 CODE 7167, PARCEL NO. 139 103 14 TAX BILL NO. 930077713 EXEMPTION: NONE TOTAL AMOUNT $38.18 " PAGE 2 184455 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. THE EFFECT OF MAP OF CITYWIDE ASSESSMENT NO. 994 AND THE LIEN OF ANY TAXES OR ASSESSMENTS LEVIED BY OR BONDS ISSUED BY CITY OF SAN BERNARDINO, RECORDED IN MAP BOOK 60, PAGES 57 TO 61, INCLUSIVE, OF ASSESSMENT MAPS. THIS IS COLLECTED ON THE ANNUAL TAX BILL UNDER GENERAL SPECIAL TAXES EACH YEAR FOR STREET LIGHTING AND STREET SWEEPING AND CANNOT BE PAID OFF. 5. COVENANTS, CONDITIONS AND RESTRICTIONS IN DOCUMENT RECORDED IN BOOK 825, PAGE 320, OF DEEDS. WHICH PROVIDE, AMONG OTHER MATTERS, THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 6. THE EFFECT OF THE "NOTICE OF MAINTENANCE AND UPKEEP AND/OR ABATEMENT OF NUISANCE ASSESSMENT AND LIEN CREATED ON REAL PROPERTY" AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 27, 1989, INSTRUMENT NO. 89-405538, OFFICIAL RECORDS, IN THE AMOUNT OF $115.00. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. " 7. A STATEMENT OF PROCEEDINGS DATED JUNE 25, 1990, AND RECORDED JUNE 25, 1990, INSTRUMENT NO. 90-248425, OFFICIAL RECORDS, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33373, SHOWING THE HEREIN DESCRIBED PROPERTY TO BE WITHIN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THAT PROCEEDINGS FOR THE PROJECT AREA HAVE BEEN INSTITUTED UNDER THE COMMUNITY REDEVELOPMENT LAW. PAGE 3 184455 REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS.. 8. THE EFFECT OF THE "NOTICE OF MAINTENANCE AND UPKEEP AND/OR ABATEMENT OF NUISANCE ASSESSMENT AND LIEN CREATED ON REAL PROPERTY" AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 26, 1991, INSTRUMENT NO. 91-368409, OFFICIAL RECORDS, IN THE AMOUNT OF $153.50. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. 9. THE EFFECT OF THE "NOTICE OF MAINTENANCE AND UPKEEP AND/OR ABATEMENT OF NUISANCE ASSESSMENT AND LIEN CREATED ON REAL PROPERTY" AS EVIDENCED BY DOCUMENT RECORDED JULY 6, 1992, INSTRUMENT NO. 92-278974, OFFICIAL RECORDS, IN THE AMOUNT OF $169.50. REFERENCE IS HEREBY MADE TO THE RECORD OF SAID DOCUMENT FOR FURTHER AND OTHER PARTICULARS. 10. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND IN ORDER TO COMPLETE THIS REPORT WE WILL REQUIRE A STATEMENT OF INFORMATION FROM JOHN WATSON, ALVIN WATSON, SHIRLEY ROARK AND JACQUELINE WATSON. " -------------------------------------------- THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA POLICY OF TITLE INSURANCE. THE PROPERTY COVERED BY THIS REPORT IS VACANT LAND. PAGE 4 184455 ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS REPORT WITHIN SIX MONTHS PRIOR TO THE DATE OF THIS REPORT EXCEPT AS FOLLOWS: NONE Loe/AMF " PAGE 5