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CIT"! OF SAN BERN .%RDINO - REQUEST i JR COUNCIL ACTION
From: Cheryl A. Flowers Subject: A RESOLUTION AUTHORIZING THE QUIT—
Assistant General Manager CLAIMING OF ANY RIGHT, TITLE OR
Dept: Water INTEREST IN AND TO AN UNLOCATED
PIPELINE EASEMENT AS RESERVED TO
Date: September 7 , 1993 MUSCOY WATER COMPANY IN DEED
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
I I e/
Signature
Contact person: Cheryl A. Flowers Phone: 384-5393
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No. �+�
CITY OF SAN BERG ^ RDINO - REQUEST Fr'R COUNCIL ACTION
STAFF REPORT
The City of San Bernardino Municipal Water Department acquired and
is therefore the successor in interest to the San Bernardino Water
Utilities Corporation and the Muscoy Water Company. As successor
in interest, the Department retains an easement for an unlocated
pipeline, over a part of which now lies Industrial Parkway, east of
Palm Avenue.
The Water Department has received a request from Gale Anne Hurd for
a Quitclaim Deed of the unlocated pipeline easement. The
Department has determined the subject property to be unnecessary to
the operations of the Water Department.
RECOMMENDATION•
It is therefore recommended that the Mayor and Common Council grant
a Quitclaim Deed to Gale Anne Hurd for an unlocated pipeline
easement as reserved to Muscoy Water Company in deed, recorded July
21, 1948 in Book 2265, Page 120.
0
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1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR
4 INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO
MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265,
5 PAGE 120, OFFICIAL RECORDS.
6 WHEREAS, the City of San Bernardino Municipal Water
7 Department, a Municipal Corporation, acquired San Bernardino Water
8 Utilities Corporation, a California Corporation, and Muscoy Water
9 Company, as the owner of easement interests; and
10 WHEREAS, the City of San Bernardino Municipal Water
11 Department, is the successor in interest to the San Bernardino
12 Water Utilities Corporation and the Muscoy Water Company, as the
13 owner of easement interests; and
14 WHEREAS, the City of San Bernardino Municipal Water Department
15 retains an unlocated pipeline easement for that portion of
16 aforementioned deed as described by Document No. 89-007105,
17 Recorded January 9, 1989 in the Official Records of San Bernardino,
18 California. Said property is a part of Industrial Parkway as it
19 now exists, and
20 WHEREAS, the City of San Bernardino Municipal Water Department
21 has determined that the unlocated pipeline easement over said
22 property is not necessary.
23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
24 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
25 SECTION ONE: That the City of San Bernardino, A Municipal
26 Corporation, does hereby grant a Quitclaim Deed to Gale Anne Hurd,
27 1 Sole Successor Trustee of the National Industries City Trust (under
28 Declaration of Trust dated May 31, 1983 as amended) .
August 18, 1993 - 1 -
A RESOLUTION AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR
INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO
1 MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265,
PAGE 120, OFFICIAL RECORDS.
2
3 SECTION TWO: That the said Quitclaim Deed referred to
4 herein, a copy of which is attached hereto, marked Exhibit "A" , and
5 is hereby referred to and made a part hereof as fully as though set
6 forth at length herein, is hereby approved.
7 SECTION THREE: That the Mayor and City Clerk of the City of
8 San Bernardino are hereby authorized and directed to execute said
9 Quitclaim Deed on behalf of the City of San Bernardino.
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a meeting thereof, held on the
13 day of 1993 , by the following vote to wit:
14 Council Members: AYES NAYS ABSTAIN ABSENT
15 NEGRETE
16 CURLIN
17 HERNANDEZ
18 OBERHELMAN
19 OFFICE VACANT
20 POPE-LUDLAM
21 MILLER
22
23
Rachel Clark, City Clerk
24
25 The foregoing resolution is hereby approved this
26 day of , 1993 .
27
28
August 17, 1993 - 2 -
A RESOLUTION AUTHORIZING THE QUITCLAIMING OF ANY RIGHT, TITLE OR
INTEREST IN AND TO AN UNLOCATED PIPE LINE EASEMENT AS RESERVED TO
1 MUSCOY WATER COMPANY IN DEED RECORDED JULY 21, 1948 IN BOOK 2265,
PAGE 120, OFFICIAL RECORDS.
2
3
Tom Minor, Mayor
4 City of San Bernardino
5
6 APPROVED AS TO FORM
AND LEGAL CONTENT:
7
8 JAMES F. PENMAN
City Attorney
9
10
By:
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August 17 , 1993 - 3 -
Order No. Q
Escrow No. 63801-J
Loan No.
WHEN RECORDED MAIL TO:
Gale Anne Hurd
1401 Ocean Avenue, Suite 200
Santa Monica, CA 90401
Attn: Julie Thomson
SPACE ABOVE THIS LINE FOR RECORDER'S USE
none
MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX S ...........................
CDmputeo on the zons�oerat,on or value of property conveyed.OR
Ccmpuied on;he cons,cerat,on or value less hens or encumbrances
SAME AS ABOVE.
remaining at bme of sale
The undersigned grantor
Signature of Declarant or Agent determining tax—Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN BERNARDINO, a municipal corporation, successor in interest to
San Bernardino Water Utilities Corporation, a California corporation, successor
in interest to the Muscoy Water Company, as the owner of easement interests
do es hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
GALE ANNE HURD, Sole Successor Trustee of the National Industries City
Trust (under Declaration of Trust dated May 31, 1983 as amended)
the real property in the City of
County of San Bernardino .State of California,described as
Any right, title or interest in and to an unlocated pipe line easement
as reserved to Muscoy Water Company in Deed recorded July 21, 1948
in Book 2265, page 120, Official Records, affecting property described
as follows;
That portion of Section 12, Township 1 North, Range 5 West, SAN BERNARDINO
BASE AND MERIDIAN, in the County of San Bernardino, State of California,
as more particularly described in Exhibit "A" attached hereto and made
a part hereof, comprising 2 pages.
Excepting therefrom all that real property conveyed to the City of San Bernardino
by document No. 89-007105 recorded January 9, 1989, official records of San
Bernardino, California. (Said property is a part of Industrial Parkway, as it
now exists.)
CITY OF SAN BERNARDINO
Dated
I
STATE OF CALIFORNIA Iss
COUNTY OF Iss
On
before me.the undersigned,a Notary Public in and for said State,
personally appeared
personally known to me for proved to me on the basis of satisfactory
evidence)to be the person(s)whose nameisl is/are subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same.
WITNESS my hand and official seal
Signature (This area for official notarial saaq
0
EXHIBIT "A"
Any right, title or interest in and to an unlocated pipe line easement as
reserved to Muscoy Water Company in Deed recorded July 21, 1948 in Book
2265, page 120, Official Records, affecting property described as follows:
PARCEL N0, 1:
THAT PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF
THE OFFICIAL GOVERNMENT SURVEY, EXTENDED INTO RANCHO MUSCUPIABE,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND,
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER
25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS AND DESCRIBED
AS PARCEL "C" IN THE ABOVE—MENTIONED DEED, SAID SOUTHWEST CORNER
BEGIN ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT
NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 598.90 FEET ALONG
THE EASTERLY LINE OF PALM AVENUE TO THE INTERSECTION OF THE
NORTHERLY LINE OF THE PROPOSED ROAD; THENCE ALONG THE NORTHERLY
LINE OF SAID PROPOSED ROAD THE FOLLOWING COURSES AND DISTANCES:
SOUTH 38 DEG. 55' 29" EAST, 1383.653 FEET TO A TANGENT CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 450 FEET AND A
CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY ALONG SAID
CURVE, A DISTANCE OF 481.981 FEET; THENCE NORTH 79 DEG. 42 ' 27"
EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH HAVING
A RADIUS OF 300 FEET AND A CENTRAL ANGLE OF 61 DEG. 34 ' ; THENCE
EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, 322.362 FEET; THENCE
CONTINUING ALONG THE NORTHERLY LINE OF SAID PROPOSED ROAD, SOUTH
38 DEG. 43' 33" EAST, 30 FEET; THENCE LEAVING THE NORTHERLY LINE
OF SAID PROPOSED ROAD, NORTH 21 DEG. 25' 53" EAST, 634.652 FEET
TO THE SOUTHERLY LINE OF SAID PARCEL "C", AS CONVEYED TO THE
STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH
50 DEG. 24' WEST, 300 FEET TO A POINT IN SAID LINE; THENCE NORTH
51 DEG. 30' 32" WEST, 465.09 FEET; THENCE NORTH 89 DEG. 51' 28"
WEST, 695.51 FEET; THENCE NORTH 35 DEG. 56 ' 13" WEST, 488.48
FEET; THENCE NORTH 42 DEG. 19 ' 06" WEST, 497.92 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED AUGUST 20, 1958, IN BOOK 4582, PAGE
507, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND,
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER
25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS OF SAID COUNTY,
AND DESCRIBED AS PARCEL "C" IN THE ABOVE—MENTIONED DEED, SAID
SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40
FEET WIDE, AS IT NOW EXISTS; THENCE ALONG THE SOUTHWESTERLY LINE
OF SAID PARCEL "C", SOUTH 42 DEG. 19' 08" EAST, 32.02 FEET;
THENCE SOUTH 61 DEG. 23' 07" WEST, 53.48 FEET TO SAID EASTERLY
LINE OF PALM AVENUE, DISTANT ALONG SAID EASTERLY LINE SOUTH 27
DEG. 15' 41" WEST, 55.44 FEET FROM THE POINT OF BEGINNING; THENCE
ALONG SAID EASTERLY LINE NORTH 27 DEG. 15' 41" EAST, 55.44 FEET
TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO GLENN HAGEN
ENTERPRISES, A PARTNERSHIP, BY DEED RECORDED AUGUST 28, 1963, IN
BOOK 5977, PAGE 887, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNEjt OF THAT CERTAIN PARCEL OF LAND,
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER
25., 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS AND DESCRIBED
AS PARCEL "C", SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE
OF PALM AVENUE, 40 FEET WIDE, AS THE SAME NOW EXISTS; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL "C", SOUTH 42 DEG. 19'
06" EAST, 174 FEET; THENCE SOUTH 27 DEG. 40' 03" WEST, PARALLEL
WITH EASTERLY LINE OF SAID PALM AVENUE, 255.44 FEET; THENCE NORTH
42 DEG. 19 ' 06" WEST, PARALLEL WITH SAID SOUTHERLY LINE OF PARCEL
"C", 174 FEET TO A POINT IN THE EASTERLY LINE OF SAID PALM
AVENUE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF PALM AVENUE,
255.44 FEET TO THE POINT OF BEGINNING.
EXH
(CONTINUED)
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC
CORPORATION, BY DEED RECORDED NOVEMBER 5, 1971, IN BOOK 7789,
PAGE 503, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
SAID PARCEL OF LAND BEING THAT PART OF SAID CERTAIN PORTION LYING
SOUTHEASTERLY OF A LINE WHICH IS PARALLEL WITH AND DISTANT
NORTHWESTERLY 40 FEET, MEASURED AT RIGHT ANGLES, OR RADIALLY,
FROM THE FOLLOWING DESCRIBED SURVEY LINE:
IN THE FOLLOWING DESCRIPTION ALL CURVES ARE TANGENT TO THE
STRAIGHT LINES WHICH THEY JOIN:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF LOT 61 OF THE
SEMI-TROPIC LAND AND WATER COMPANY SUBDIVISION IN SAID COUNTY AND
STATE, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 12, IN THE
OFFICE OF THE RECORDER OF SAID COUNTY, SAID POINT BEING DISTANT
ALONG SAID NORTHEASTERLY LINE, NORTH 53 DEG. 46' 31" WEST, 330.74
FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 61; THENCE NORTH
89 DEG. 11' 10' EAST, 127.92 FEET; THENCE NORTH 84 DEG. 40' 18"
EAST, 2351.46 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 580 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58 DEG.
40' 34", AN ARC DISTANCE OF 593.97 FEET; THENCE NORTH 25 DEG. 59'
44" EAST, 6375.03 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 3,020 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 DEG.
36' 47", AN ARC DISTANCE OF 2246.09 FEET; THENCE NORTH 68 DEG.
36' 31" EAST, 6002.79 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 520 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 DEG.
06 ' 40", AN ARC DISTANCE OF 100.84 FEET; THENCE NORTH 79 DEG. 43'
11" EAST, 907.26 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 480 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9 DEG.
18 ' 32", AN ARC DISTANCE OF 77.99 FEET; THENCE NORTH 70 DEG. 24 '
39" EAST, 1383.05 FEET TO A POINT ON THE CENTER LINE OF KENDALL
DRIVE, 80 FEET WIDE, DISTANT THEREON SOUTH 58 DEG. 07' 14" EAST,
192.02 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE DESCRIBED IN DEED RECORDED MAY 29, 1943, IN BOOK 1602,
PAGE 224, OFFICIAL RECORDS, IN THE OFFICE OF SAID RECORDER, AS
HAVING A BEARING AND DISTANCE OF NORTH 57 DEG. 20' WEST, 6993.00
FEET.
PARCEL NO. 2:
THAT PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, IN
THE RANCHO MUSCUPIABE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT SURVEY, EXTENDED
INTO SAID RANCHO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS: "NORTH 89 DEG. 51 ' 27" WEST, 695.51 FEET" IN
PARCEL "C" OF DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER
25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS; THENCE ALONG
THE LINES OF SAID PARCEL "C": ( 1) NORTH 89 DEG. 51' 27" WEST,
695.51 FEET;
AND (2) NORTH 35 DEG. 56 ' 13" WEST, 298.48 FEET; THENCE (COURSE
"A") NORTH 85 DEG. 11' 40" EAST, 453.68 FEET; THENCE (COURSE "B")
SOUTH 56 DEG. 05' 21" EAST, 504.39 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER
SAID PROPERTY, BUT WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR
MINE THROUGH THE SURFACE THEREOF, AS RESERVED IN THE DEED FROM
THE STATE OF CALIFORNIA RECORDED JUNE 3, 1964, IN BOOK 6162, PAGE
97, OFFICIAL RECORDS.