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Home My WebLink About23- Water Department i CITY OF SAN BERkARDINO - REQUEST `RJR COUNCIL ACTION From: Cheryl A. Flowers Subject: Resolution Dedicating Property Assistant General Manager known as Lot 30 , Tract 11261 in Dept: Water Department the City of San Bernardino Date: September 211993 for Water Department Use. Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLUTION 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 Aaenda Item Nn CITY OF SAN BERN,.,RDINO - REQUEST F R COUNCIL ACTION STAFF REPORT In March 1992, negotiations began between the Water Department, and the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino, and Dukes-Dukes and Associates, Inc. for acquisition of a parcel of vacant land, Lot 30 of Tract 11261, to be used as a wellsite for development of groundwater to be treated at a nearby water treatment/pumping plant. The property was jointly owned by the City, the Redevelopment Agency, and Dukes- Dukes & Associates. As a result of those negotiations, the Redevelopment Agency and Dukes-Dukes Associates were to have transferred their interest in the property to the City of San Bernardino in an escrow which closed June 23 , 1992 . Subsequent to the close of escrow, and upon receipt of the Owners Policy of Title Insurance, it was discovered that a condition within the title report had not been cleared. This condition was a Joint Development Agreement between the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino and Dukes- Dukes and Associates, Inc. The escrow instructions has included the provision of a Quitclaim Deed to convey all interest in the property to the City of San Bernardino in order to have clear title to the property. A subsequent escrow was then entered into in 1993 and the Joint Development Agreement was terminated by Quitclaim Deed (dated 4/2/93) and the Title Insurance was so endorsed with the close of escrow. This Quitclaim Deed from the Redevelopment Agency of the City of San Bernardino and Dukes-Dukes and Associates, Inc. was accepted by the City of San Bernardino on April 9, 1993. RECOMMENDATION• It is recommended that Resolution be approved, dedicating the subject property for Water Department use. 0 Q _ 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, DEDICATING PROPERTY KNOWN AS LOT 30, TRACT 11261 5 IN THE CITY OF SAN BERNARDINO FOR WATER DEPARTMENT USE. 6 WHEREAS, the City of San Bernardino Municipal Water 7 Department, a Municipal Corporation, negotiated for the use of the 8 aforementioned parcel for a future well site to assist the 9 Department in mitigating the southerly migration of groundwater 10 contaminants in the western portion of the City of San Bernardino; 11 and 12 WHEREAS, said well site will provide an additional source of 13 groundwater production to be wellhead-treated at the Department's 14 existing 19th Street groundwater contamination treatment plant; and 15 WHEREAS, said property was owned by the City of San 16 Bernardino, the Redevelopment Agency of the City of San Bernardino, 17 and Dukes-Dukes & Associates for purposes of jointly developing the 18 property; and 19 WHEREAS, the City of San Bernardino entered into escrow with 20 the Redevelopment Agency of the City of San Bernardino and Dukes- 21 Dukes and Associates, Inc. , a California Corporation, to terminate 22 their Joint Development Agreement for the property known as Lot 30, 23 Tract 11261; and 24 WHEREAS, a Quitclaim Deed was granted by the Redevelopment 25 Agency of the City of San Bernardino and Dukes-Dukes & Associates 26 to the City of San Bernardino and accepted on April 9, 1993 . 27 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 28 SAN BERNARDINO AS FOLLOWS: - 1 ° 1 RESOLUTION DEDICATING PROPERTY KNOWN AS LOT 30, TRACT 11261 IN THE CITY OF SAN BERNARDINO FOR WATER DEPARTMENT USE. 2 SECTION ONE: That the property known as Lot 30, Tract 11261, 3 as set forth in Exhibit 1 attached hereto and incorporated herein 4 by reference as though fully set forth at length herein is 5 dedicated for Water Department use. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held on the 9 day of 1993 , by the following vote to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 HERNANDEZ 14 OBERHELMAN 15 OFFICE VACANT 16 POPE-LUDLAM 17 MILLER 18 19 20 Rachel Clark, City Clerk 21 The foregoing resolution is hereby approved this 22 day of , 1993 . 23 24 Tom Minor, Mayor 25 APPROVED AS TO FORM City of San Bernardino AND LEGAL CONTENT: 26 JAMES F. PENMAN 27 City ttorney 28 By: P 2 _ RECORDED At thL xttl„tw �`� t FIRST AU[QIW4 TITLE lost. Xy_ Order No. 1 FEE DD Escrow No.71316A CHRG a 'v CsTil Loan No. 2 taZ;YS 7 c:.13 RECORDED N :7 OFFICIAL RECORDS a°=' :10 ;v N cc o ar ca aNC WHEN RECORDED MAIL TO: I 93 t,PR 13 PH 4: It The city of San Bernardino 4 LNNT 9 ST FCc m - L 300 N. "D" St. SAN EE~.:i.: DI NO San Bernardino, CA 92401 5 SVY C0II11 T Y. C,�U�. Attn: Bernard C. Kersey 93-159501 Water Department 5 rill DTT o w�n ABOVE THIS LINE FOR RECORDERS USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX$exempt from transfer tax�-- �btf6 YiliniiL'AT"ggplYCy ......Computed on the consideration or value of property conveyed;OR .Computed on the consideration or value less Gera or encumbrances "IL IM WALLMbfill AS Dt$fCTEO ABOVE remaining at time of sale. Sgratwo of DecWw%or AgwU cWemwwV tax— APN 269 361 08 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO and \V DUKES-DUKES AND ASSOCIATES, INC., a California Corporation V I do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to CITY OF SAN BERNARDINO the real property in the City of San Bernardino County of San Bernardino State of California, described as Lot 30, TRACT NO. 11261, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 156 of Maps, pages 57 to 59, inclusive, records of said County. THE PURPOSE OF THIS QUITCLAIM DEED IS TO RELINGUISH AND TERMINATE THAT CERTAIN AGREEMENT ENTITLED JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, the CITY OF SAN BERNARDINO, CALIFORNIA and DUKES-DUKES AND ASSOCIATES, INC., a California Corporation RECORDED MAY 22, 1990, AS INSTRUMENT NO. 90-199231, AS IT EFFECTS THE ABOVE DESCRIBED PROPERTY. 93-159501 This is to certify that the interest in real property _ conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the City Council, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: April 9, 1993 CITY OF SAN BERNARDINO By: .� City Clerk Dated April 2, 1993 THE REDEVELOPMENT AGENCY OF THE CITY OF t ) SAN B IN STATE OF RN + )ss. : Kennet4 Hen er on, °xecut ve Director On before me, DUKES-DUKES AND A SOCIATES, INC., a CaAifornia Cor at on persarMppe y aared BY hn Dukes, PresiUetlt personal,known to me(or proved to me on the basis of satistactory evidence)lobe the personal wvtose names)k/are subscribed to the within tnstrw riont and and owlsdpsd to ma that hatsheAhey executed the same IA VOEaDl1 MIEARM _ In hiaAwxAMir autlarized cOtNwt♦97 736 �P�Y�).and diet by bisR+er/1tle's sWna- Hbtory Pwblc—Calfomia lures)m the klsewni nE the person(s)or the entity upon behalf of which SAPt BERNARdMO COUNTY the persons)eciedem,%ft0thiii WITNESS wttpd L (TIis am for official notarial asap MAIL TAX k ABOVE 1085(1/91) �J NTS w I W D: H- N I SITE LOCATION w o: O 19TH STREET w LINCOLN STREET w w 17TH STREET ai w w g g w D: >! W J 0 Lu Z p Z W U W W Q Ir O R IL 16TH STREET b LEGAL DESCRIPTION LOT 30 OF TRACT NO.11261 RECORDED IN MAP BOOK 166 PAGES 67,68,AND 69;OFFICIAL RECORDS OF SAN BERNARDINO COUNTY,CALIFORNIA. CITY OF SAN BERNARDINO WATER DEPARTMENT DISTRIBUTION SHEET No.+,a LOCATION MAP GATE SECTION No. 32 THOMAS GUIDE PAGEMRID Vie OFF1CAL NAME TOWNSHIP/RANGE/SECTION TIN RIW 32 19TH STREET WELL No.3 CALIFORNIA COORDINATES COMMON NAME r LEGAL FILE No. 0