HomeMy WebLinkAbout25- Public Works 4le6d5.02-1316
CITY OF SAN BERN[ _1DINO - REQUEST F Ir NCIL ACTION
From: Subject:
ROGER G. HARDGRAVE, Director Authorize execution of a
Dept: Quitclaim Deed -- Access Rights
Public Works/Engineering located at Southwest corner of
Date: Atlantic & Boulder Avenues.
August 9, 1994
Synopsis of Previous Council action:
None
.DMIN,. OFFLCEi
AU,-; 94 10: 25
Recommended motion:
Adopt the Resolution.
cc: Shauna Clark, City Administrator
James Penman, City Attorney
Signature
Contact person: Verna Nadeau Phone: 384-5026
Supporting data attached: Staff Report, Map Ward: 4
FUNDING REQUIREMENTS: Amount: NONE
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262 Agenda Item No.
CITY OF SAN BERN! 'IDINO - REQUEST V1 COUNCIL -ACTION
STAFF REPORT
On May 27, 1993, the State of California Department of Transportation
relinquished to the City of San Bernardino certain rights-of-ways in the
Highland Avenue and Boulder Avenue area after the right-of-way was acquired
by the State for State Highway 30, 330.
Part of the relinquishment included certain non-access rights for properties
which fronted on Boulder Avenue. After review, the State realized that the
non-access rights for the parcel of land located at the Southwest corner of
old Atlantic and Boulder Avenues virtually cut off access to the land as the
Freeway connector between the 30 and 330 Highways eliminated most of
Atlantic Avenue in that location and the remainder at Boulder Avenue was
abandoned. Atlantic Avenue was realigned approximately 200 feet to the North
along the North line of the Highway connector. They therefor requested that
the City Quitclaim those non-access rights back to the property owner so
that they could retain access to Boulder Avenue. Our Traffic Engineer has no
Problem with this situation.
As it turns out, the City was negotiating with the State for an easement for
water line purposes over a parcel of State land located in the
Highland/Arden area relative to the re-vamping of the apartment complex
located in that area. The State was requiring payment for the easement and
we negotiated a swap for the interests needed by both the City and the
State.
The State has approved of this transaction and the attached Resolution
Quitclaims our access rights to the owners, the Norma J. Leuschen Revocable
Trust. The State is preparing our water easement for submission for
signature at this same time.
The attached Resolution is attached for your action and it is the
recommendation of this Department that the Resolution be adopted.
75-0264
II�
Std M� ,6'3d••alk DST CCIII.TY RCNITE TOTASL MPRp ECT T
N
!� I 108 SBd 30,330 R26.TIR30.
'�`'� { M j R28.71R30.3 32
_ ��'-tlt••'`�. �•r' �� ---•: i3q 'I REGISTERED CIVIL ENGINEER t•OfESSp/�
9-10-90 s_A. L— ,■�.
PLANS APPROVAL DATE M• I-1 • �-
OTE•FOR A16hiT OF WAY,-DA'[A, TOPOGRAPtIY
s, CIVIL
ACCURATE ACCE YS DETMONATION, SEE RIGHT �r�� �
OF WAY-Stec p MAPS XT DI STRICTAFFICE.
1022.50 Be LPL
Z }
SB Ent r pomp
� I
0 { 1 '1019.49.94'L.OL'S6 In t r Harp.
30' Lt•1019.50 t hp RIO 330 . 4
4i►02:18 EC t l %f Iantto, 1i I ism
IL C
10 12.28 it It■p
� �- A4• Ise ti �--rt MaR4` ` 1 f ..A- ��-6 P• � S
f
I
.CIS
♦ 0 I ant -A I R•,� •!
role
K �\. 8 ( I � L, ; CySP a •' /'
t ti ►`ITT R aa^'
nt� • ° I; E9rt _ Z
it 2i
2 t2.5
is t 1 ta+der
0�1E f{ 9NP e p0 rA06%-1 E �v -
} 110•`~
t Allan
■ I�I
' 6 f I' i 13• t It1� r Ave I
Lt.
• 1 'Mulmr Aw _ •�, J�_
--cwti,ffrat AYERO 89•/3 _-C_1�
En 7
J 1 `OoN 4W�w R � y�.0 078►. I I p( E uct.17•e i
_ nd • +.I "ale!`
9•33.7/BC-LOL 1 I • I _ 8 35 * Boula•\Aw l 1
10•r E Rdea ■ g
t ; I!/. 12♦ 7'35 -1 lob{p„v
g.SO ,.^t r M ■ I- •S_�+� Ilp ou
0ta►r Av�!. i9
- C _F01« •+�, f�:
Tom■ iq'�•yn IN A AC D11►
OII*, � � _, / p��1't6 `` I I I .1��{,�Bou10/►� ,� �/ i-
M■d Ed■1
• —1 ,I j I II •B� 1.S•C. V O E ,
lOz LL 10 03.0 LOL
wr►a•r Ave E r�
16'14 We t IYf/ ■ - �� I I r \ �
1-f;-46.824 • Irr Aw t c i 10 SCALE I••W
• L
L t , ineft-
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THOSE
3 CERTAIN ACCESS RIGHTS LOCATED AT THE SOUTHWEST CORNER OF ATLANTIC AND BOULDER
AVENUES IN THE CITY OF SAN BERNARDINO, TO NORMA J. LEUSCHEN REVOCABLE TRUST.
4 WHEREAS, the City of San Bernardino , by document recorded May
5 27, 1993 as Document Number 93-227491 , Official Records of San Bernardino
6 County, did acquire certain non-access rights over a
portion of land
7
generally located at the Southwest corner of Atlantic Avenue and Boulder
8
Avenue in the City of San Bernardino as part of a Highway Relinquishment from
9 the State of California, Department of Transportation; and
10
WHEREAS, it has been determined by the Director of Public Works
11
that the non-access rights are not needed at this location, and
12
WHEREAS, the State wishes to return the access rights to the
13 owners and the
property owners need those rights to gain access to Boulder
14 Avenue.
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO THAT:
17
18 SECTION 1 . That the non-access rights referred to herein and as
19 described in that certain Quitclaim Deed, a copy of which is attached hereto,
20 marked Exhibit "A", is no longer needed for public purposes.
21 SECTION 2. That the said Quitclaim Deed referred to herein, a
22 copy of which is attached hereto, marked Exhibit "A", and made a part hereof
23 as fully as though set forth at length herein, is hereby approved.
24 SECTION 3. That the Mayor and City Clerk of the City of San
25 Bernardino are hereby authorized and directed to execute said Quitclaim Deed
26 on behalf of the City of San Bernardino.
27
28
08-09-94
RESOLUTION QUITCLAIMING ACCESS RIGHTS.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the day of 1994, by the
4 following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9
OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12
MILLER
13
14
City Clerk
15
16 The foregoing resolution is hereby approved this day of
. 1994.
17
18
Tom Minor, Mayor
19 City of San Bernardino
20
Approved as to
21 form and legal content:
22 JAMES F. PENMAN,
City Attorney
23
24 BY:
25
26
27
28 08-09-94 2
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
Norma J. Leuschen Revocable Trust
c/o Norma J. Leuschen
2111 Nice Avenue
Mentone, CA 92359
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $.........................................................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of eclarant or Agent determining tax—Firm Name
B
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF SAN BERNAROINO, a Municipal Corporation
do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Norma J. Leuschen Revocable Trust
the real property in the City of San Bernardi no
County of San Bernardino , State of California, described as
Those rights of access to Atlantic Avenue and Boulder Avenue granted to the State of
California by Deed recorded May 5, 1954 in Book 3377, page 5 of Official Records of
the County Rec9rder of said County.
CITY OF SAN BERNARDINO, a Municipal Corporation
Dated
STATE OF CALIFORNIA }
COUNTY OF }ss. By:
Mayor
On before me.
personally appeared By:
City Clerk
personally known to me (or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capaaty(ies), and that by his/her/their signa-
tures) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted,executed the instrument.
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
AA A I1 TA V