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Home My WebLink About21- Public Works • r.ae iw. ate.u�—.�uu CITY OF SAN BERNf 'iDINO - REQUEST V R COUNCIL ACTION From: ROGER G. NARDGRAVE, Director Subject: Authorize Acceptance of Quitclaim Easement from San Bernardino County Dept: Public Works/Engineering Flood Control for portion of Small Canyon Channel along new Piedmont Date: April 11, 1994 Drive alignment. Synopsis of Previous Council action: NONE, Recommended motion: ADOPT RESOLUTION cc: Shauna Clark, City Administrator Signature James F. Penman, City Attorney Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report, Map, Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) 1Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. 42/ CITY OF SAN BERNt IDINO - REQUEST Fr"q COUNCIL ACTION STAFF REPORT When Piedmont Drive was realigned in 1993, the Small Canyon Channel was also realigned and a new storm drain constructed within the right of way from Highland Avenue to a point about 50 feet South of the North line of the section which was to be maintained by the San Bernardino County Flood Control District. With the construction of the new storm drain all the storm water in Small Canyon Channel will be drained into this pipe - which means that the channel Southerly of this point will be abandoned by the SBCFCD (as it is not cost effective or practical for the Flood Control District to maintain a 50 foot section of Chan- nel), and maintenance done by the City of San Bernardino. It is therefore Staff's recommendation that the Resolution be adopted and the Quitclaim Deed be accepted. 5-0264 04/11/94 2 PI EDMO NT oRry P-270045 i 1129 304 E .. .. .. . p 4•L PC.. n Jo ,p u S.E. COR. LOT 61 •• =�• II I' = f00' WI TE x O-p3 10 I T.E. J LOT 't oJ, ORCHID DR_ y_ �E 9 TPAc -r D E N u. 0884 a �g2Ac.'- M.B. I�7/G4 f 'O' p u _ TnAr.., TE : 0. 10672 'cic gAC = oo O 04 �W r5• PARCEL NO. 7 - SMALL CANYON CHANNEL P. M. 41 /49 POR- S/2 SEC. 28 7. IN. P.3W. N T SAN BERNARDINO COUNTY . g f FLOOD CONTROL DISTRICT o REVISIONS OWN. BY DATE NIGLAND AVE. ^ --1-- — Aed r..iec'�i-°� �•�•B• AUG.ZO,6 m SW. CDR. e,p S.E. 1/4 r-28 FILE NO. D�? - 13D0 D.° 3.300/6 4 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT- ANCE OF A QUITCLAIM EASEMENT FROM THE SAN BERNARDINO COUNTY FLOOD CONTROL, 3 DISTRICT FOR A PORTION OF THE SMALL CANYON CHANNEL ALONG THE NEW PIEDMONT DRIVE ALIGNMENT. 4 $ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL. OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1 . That the. Mayor of the City of San Bernardino is 8 hereby authorized and directed to accept no behalf of said City, a Quitclaim 9 Easement from the San Bernardino County Flood Control District, a ropy of 10 which is attached hereto and incorporated by reference herein, as fully as 11 though set. forth in length, marked Exhibit "A", for a portion of the Small 12 Canyon Channel along the new Piedmont Drive alignment, more particularly 13 described in said Quitclaim Easement and concerning that certain real prop- 14 erty in the City of San Bernardino, County of San Bernardino, State of 15 California, generally located between Highland Avenue and Piedmont. Drive. 16 Said City consents to the recordation thereof. 17 - 18 19 20 21 / 22 23 24 25 26 27 28 J4/11/94 1 T ACCEPTANCE OF QUITCLAIM EASEMENT: SMALL CANYON CHANNEL - NEW PIEDMONT DRiVF ALIGNMENT 1 I HEREBY CERTIFY that, the foregoing resolui ion was rluly adopted by 2 the Mayor- and Common Council of the City of San Bernardino at a 3 _-___ meeting thereof held on the - ___ day of 4 1994, by the following vote, to-wit: 5 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN g HERNANDEZ 10 OBERHF.LMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 Rachel Clark, City Clerk 17 18 The foregoing resolution is hereby approved this ____ day 19 1994. 20 21 Tom Minor, Mayor 22 City of San Bernardino 23 24 Approved as to form and legal content-: 25 26 .lames F. Penman, City Attorney 27 D 04/11/94 2 REQUESTED By AND WNEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North"D"Street San Bemardaw Cahfo. 92618 1 QUMCIAIM EASEMENT 2 FOR VALLIA E CONSIDERATION, r #rt of which is hereby adoaawledged, the SAN 3 BfRARDIIK) COMM FLOOD CSYNTSdJL DISTRICT, a body wrPOrate and politic of 4 the State of Califomia, does hereby remise, release and forever q itrlaim 5 to the (STY OF SAN FF3d7ARDIIJU, a body corporate and politic of the State of 6 California, those easement rIgnts des¢ibed in do recorded m Book i 7 7114, page Sao and in doameest recorded in Book 7129, page 364, both 8 Official Records of san Bemar,iim (YamtY in and to the follaving described 9 property in the City of San nenjard m, Cnmty of San Berraardun, State of i 10 Califortaa: 11 12 'Those porticos of South half of Sectim 28, 7bwrehip 1 tkuYh, Range 7 West, - 13 San Be� Meridian, des¢ibed in doament recorded in Book 7129, page 14 304 and in tlonment rvmzdaT in Book 7114, page 940, both Official Records 15 of San Bernardino Canty. 16 -OVER- i 17 Containing 0.734 aces mm or less. tB 19 _ BAN BERHMMM CaMN 20 FLDM C m mOL DigmCT 21 ' 22 DAM 12/23/93 By; r I. 23 o D. Mikels, Chairman rnN „ to f 1 /23/93 vg #60 urtlry iMt the rffl oraofrry 24 <OnMVq OV IM w 111m �MM1Umfn,M[O Ina C. Or $q BY, Sernare,nn. GI,Omp.a gpgflrOn,O M/by 25 f.1. OY OIOV O, 1 e C^, C.", flq IM O,MNf y O,I CAN tO he.gO,ynM nMfpl Ov If CuIY fWOp4q 26 7 CITY OF SAN BERNARDIN0 _ SCanyon l Canyon er -••• Par- 17 1 28 ^� Cur CoK DP 3.300/8 29 3QCE934/11002 APN PINS 1199-161 (01,02, d OB) 30 1199-151-(01-5) 1199-231-01 31 32 33 Location .--SkU3...G C]X9N-.GHtkRkL heCXi�7_- 34 I .Ei e�onc.�.acd-H98h7�d Avsue.------ (Quitclaimed £asmlalt)��jj�� I � l 0 ALL-PURPOSE ACKNOWLEDGMENT _ I State of California CAPACITY CLAIMED BY SIGNER County of San Bernardino } ❑ INDIVIDUAUSI [;CORPORATE CO. Of Salt Bdnb On 1/7/94 before me. Vada Caiche OFFICERISI ChaitTlk3n f DATE NE-E T14EOf(yrC(p.E6.'IMIEq^E N)TMT NNC IMA151 ❑ PARTNER(S) y1i Personally appeared Son D. Rikels ❑ATTORNEY-IN FACT t y .1.1 CE ACAA.I51 CI i Q personally known to me-OR-❑DFWXIlOkbfd7lDdlQlhdcRAelRAlrNRrX lIAfSVAkAtIiAAA4R TRUSTEE(S) 0 SUBSCRIBING WITNESS to be the Personlsl) whose names) isryE)(a i Subscribed to the within instrument and ac- ❑GUARDIANICONSERVATOR knowleoged to me that helAtte/lWexecuted E3 OTHER y the Same in his&40o Qtptr authorized capacdy(ilf, and that by his/IbIbObar slgnatureiti on the instrument the person(s), y VADA CAICHe i or the entity upon behalf ofwh.Ch the persontts) SIGNER IS REPRESENTING: y [ COMrt.I I.Tiro acted,a%eCraed IlIB instrument. xNE CE R0.9PNR W ENTIry�N91 SAN SEr,Iw,cNG C f ,n '/'Witness my hand and official seal County of San R^r errit n^ ' Board of Su Ivisors NV Comm.E.ulcE NCV 1,IPJI Pe SIGIMTVNE Ci MiEPv I ATTENTION NOTA":A"Ari YM InNmuMn NpNfND ylpn p 01"T90 i WUtl PMm�mWUIMI AIiallmNll p mN flmM1tllA b uNUmenSM Cao�mAm. THIS CERTIFICATE Title or Type of Document , MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Stgner(s)Other Than Named Above .IYEI nATAO WyT ASEDCUTICx. Y Pm V O Ae�]�N- 'r-E_A M1.^ G YI}µi14 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, -ALIFORNIA FCD ZN 3-300 Inc. Cities/San Bdno. December 21, 1993 FROM: I= A. ffiIdBR, Director T ansportatim/llood Control SUBJECT: QUIRCUUM EASEMENT TO CITY CIF MW BEIDUUM fD - SMALL cANYCi CW01114 . File 3-309 RECOMMENDATION: 1. Acting as the governing body of the Flood Control District, adopt Resolution No. 93-346 determining that Flood Control District Zane 3, Small Canyon Channel Parcel No. 17 (containing 0.734 acres, more or less) , located in the City of San Bernardino, is no longer nece=ssary to be retained for the uses and purposes of the Flood Control District: 2. Authorize execution of Small Canyon Channel Parcel 17 Quitclaim Easement to the City of San Bernardino. BACIEWU D: The easement was acquired by the District for the operation and maintenance of that portion of Small Canyon Channel located between Piedmont Drive and Highland Avenue in the city of San Bernardino. Small Cazryon Channel is a local drainage facility operated and maintained by the City of San Bernardino, north of Piedmont Drive and South of Highland Avenue. In c0n3urrtion with the develcpmesnt of the Wal Mart/14ervyrn's complex north of Highland Averue and east of small Carryon Channel, the City has real igrned most of the Small Carryon Channel facility to be outside of the District easement area. The City has agreed to adept the District's easement rights and to operate and maintain this reach of the facility. RFASW PM Rsaj*m MTIQt: Adoption of the resolution and execution of the Quitclaim Easement are necessary to effect the transfer to the City. RSVnw BY OTHER DEPARDENTS: orris item was reviewed by Deputy c cu my Counsel Charles Scolastioo on December 8, 1993. FIWQK331L DATA: The District will be relieved of any and all operation and maintenance costs and responsibilities together with all potential liabilities associated with the facility. PRESENTER: Ken A. Miller Action of the Board of Supervisors cc w/Res. : Ct NO. 93-346 Flood Control District PF fi.. w/Fasarnnt APPRtJ1lEtY'd'Oipl$ SUPERVISORS City of S.B. c/o FCD CbpNTY OF 1$AN B NARDINO Transportation a' Surveyor MOTION A y AYE MOVE File EARLENE R CCRA IAJE OARD vg a DATED : DE6S NIB�4L p{ �t 14-950 7-000 Rev. 10/81 ITEM / RESOLVTICN OF THE BDARD OF SUPERVL90PS SAN BERNARDINO Cr70 M FLOOD CRTIPOL DISTRICT December 21, 1993 On Motion of Supervisor Eaves and duly seconded by Supervisor R;nrdan and carried, the following Resolution of the Board of Supervisors for San Bernardino County Flood Control District, State of California, is hereby adopted on behalf of the body corporate and politic shorn as the owner: REBOLU UN RD. 93- 346 1 EMS, Flood Control District Zone 3 property in the City of San Bernardino, Small Canyon Channel Parcel 17 (portions of APN's 1199-151-1 through 5, 1199-161-01, 02, & 08, and 1199-231-01 containing 0.734 acres, more or less) was acquired for public purposes and is no larger needed by the Flood Control District. NOw, THEREFORE, BE IT RESOLVED by the Board of Supervisors of San Bernardino County Flood Control District, State of California, that said parcel is determined to be no longer rooessary to be retained by the District, and that the Flood Control District is directed to proceed with the transfer of the parcel to the City of San Bernardino. PAS� AM ADOPADOPTED by the Board of Supervisors of the County of San Bernardino, State of Cali by the following vote: A7�B: SUPERVISORS: Riordan, walker, Eaves, Mikels NOES: SUPFRVLSCRri: None ABSENT: SUP RVLSORIS: TUroci STATE OF CALIFaRNIA - ) CX7IR7PY OF SAN HFRtIARDINO ) I, EAFTFNR SPROAT, Clerk of the Board of the hereby certify the foregoing ounty °f San Bernardino, State of California, zd of to v a full, true-and c$rxect copy of the record of the action taken by the said Board of supervisor, t v&;e of the aw�nbers present, as the same appears in the Official Mirnrtes of said Board at3ts meatia7myS 21, 1993. By: v Z -1�(�31 fJ'YV 12/21/93 vg #60 P-27004S .7 �iz Q Y1z �L Ii S.E. COA. L.Or 61 100' Te 0 0- < T.E. LOT 17.-1 M.B. 1-,7164 TINA F T +8 Au PAr'CE-L NO.7 M. 4 1 /49 SMALL CANYON CHANNEL POR. 5V2 SEC. 28 TIN. P.3W, t. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT F- REVISIONS DWK BY DATE HI&LAND AYE 7- -0, AU6.2q6E sr. 1/4 Ad --T el d a-lr&7�4 3 FILE NO. D.R 3.300/8 ... 0 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS 2 CITY OF SAN BERNARDINO ) 3 I , RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY, that the foregoing Resolution No. 4 is a full, true and correct copy of that now on file in this office. 5 IN WITNESS WHEREOF, I have hereunto set my hand and 6 affixed the seal of the City of San Bernardino this day of 1994 . 7 8 9 Rachel Clark, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28