HomeMy WebLinkAboutS3- Public Works CITY OF SAN BERN - RDINO - REQUEST F'NR COUNCIL ACTION
From: ROGER G. HARDCRAVE, Director Subject: Authorize Execution of Qoitrlaim heeds
from the City of San Bernardino for
Dept: Public Works/Engineering portions of Small Canynn Channel along
Lhe new Piedmont Drive alignment.
Date: April 25, 1994
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLl1TTON
/ X94- �4
cc: Shama 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.)
(Acct Description)
Finance:
Council Notes:
- Agenda Item No.
-3
CITY OF SAN BERNARDINO - REQUEST FnR 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 maintainer) by the San Bernardino County Flood Control District.
With the construction of the. new storm drain all the storm waiver 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.
On today's agenda is the City's acceptance of the Quitclaim Easement from the
Flood Control District for the entire 40 font wide easement. Most of the proper-
ty owners along this 40 foot wide easement are requesting that the City quitclaim
the entire drainage easement to them for inclusion in their property - in return
for the property owner's dedicating the Easterly 25 feet thereof to the City for
slope easement purposes.
It is therefore Staff's recommendation that the Resolution be adopted authorizing
and directing the Mayor to execute Quitclaim deeds to the adjoining property
owners.
EMERGENCY CLAUSE:
As today's agenda contains the Quitclaim Easement from the San Bernardino County
Floor) Control District for the entire. length of the 40 foot drainage easement,
and because the City would like to limit the extent. of its maintenance liability,
Staff suggests that as owners request control and responsibility for maintenance
of the drainage ensement: area along their property, that. the City quitclaim that
portion to them in return for slope easements along the Easterly 25 feet thereof.
04/29/94 2
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PARCEL No. 7 SMALL CANYON CHANNEL
P. M.
POR. SV2 SEC. 28 TIN. P.3W-
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SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
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-w REVISIONS DWN. BY DATE
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FILE N0.
D.° 3.300/8
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRFCTING
EXECUTION OF QUITCLAIM DEEDS FOR DRAINAGE. PURPOSES FROM THE CITY OF SAN
3 BERNARDINO TO THE ADJOINING PROPERTY OWNERS FOR PORTIONS OF THE SMALL, CANYON
CHANNEL ALONG THE NEW PIEDMONT DRIVE. ALIGNMENT, IN F,XCHANGF. FOR SLOPE. FASE-
4 MENTS OVER THE EASTERLY 25 FEET THEREOF FROM THESE SAME PROPERTY OWNERS.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO AS FOLLOWS:
7 SECTION 1 . That the Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City, Quitclaim
9 Deeds to the various adjoining Properly owners for portions of the 40.00
10 foot wide Small Canyon Channel (which lies along the new Piedmont Drive
11 alignment) , in exchange for slope easemenl.s from these same various owners.
12 Said Quitclaim Deeds concern that certain real property in the City of Sari
13 Bernardino, County of Sari Bernardino, State of California, generally local pd
14 between Highland Avenue and Piedmont Drive, East of La Praix Avenue. Said
15 City consents to the recordation thereof.
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04/25/44 ]
tAf,,UIIUN UP t.HWIVR lH7CNNhL -1Pt.W VIt.I1RMI IWIVh
i I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at n
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 NEGRETF.
8 CURLIN
J HERNANDEZ
10 OBFRHELMAN
11 DEVLIN
12 POPE-LUDLAM -
13 MILLER
14
15 - - --- - -------
Rachel Clark, City Clerk
16
17
18 The foregoing resolution is hereby apprnved this - day of -
19 - 1994.
20
21 Tom Minor, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content :
25
26 James F. Penman,
City Attorney
27
28 BY: ---- - -- - --- -----
n4/25/94 2