HomeMy WebLinkAbout20- Public Works CITY OF SAN BERN ' IDINO - REQUEST F`-'R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution to amend Grant need to exclude
"water rights" from rights being reserved
Dept: Public Works/Engineering for City re: sale of 1350 South "E" St..
Date: February 7, 1995
Synopsis of Previous Council action:
05-23-66 --- Resolution adopted authorizing 50 year lease at $1.00 per year with
San Bernardino Valley Municipal Water District for 1350 South "E"
Street.
09-06-94 --- Staff directed to proceed to research all legal processes to
initiate the purchase of City-owned property at 1350 South "E"
Street to San Bernardino Valley Municipal Water District and to
report findings to Council .
1.0-03-94 --- Mayor directed to obtain an appraisal jointly with San Bernardino
Valley Municipal Water District.
11-21-94 --- Continued to December 5, 1994.
12-05-94 --- Resolution of Intent to Sell , No. 94-373 adopted which sets a
Public Hearing date of December 19, 1994.
12-19-94 --- Resolution authorizing execution of Grant Deed, No. 94-380, adopted
Recommended motion:
1DMIF . d'FF r CFJ
Adopt Resolution.
15 FEE q.) 7 ' 5�-
cc: Shauna Clark, City Administrator Signature
James F. Penman, City Attorney
Bernard Kersey, General Manager
Contact person: Anne DeBolt Phone- 5328
Supporting data attached: Staff Report, Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: None
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No. ��
CITY OF SAN BERK RDINO - REQUEST F..,R COUNCIL ACTION
STAFF REPORT
This request is pursuant to conversations between Louis Fletcher, General Manager
of the San Bernardino Valley Municipal Water District, and Bernard Kersey, Gener-
al Manager of the San Bernardino Municipal Water Department, wherein Mr. Fletcher
requested that the term "water rights" be deleted from those rights reserved to
the City of San Bernardino in the Grant Deed.
The original Grant Deed from the City of Riverside to the City of San Bernardino
dated 02-15-60, does not include the reservation of water rights. It first
appears in the original lease from the City of San Bernardino to the San Bernar-
dino Valley Municipal Water District 05-01-66.
If this property was located outside of City limits in an area where water rights
are of vital importance, it would be advisable for the City to consider not
revoking the reservation of these rights. However, the subject property is
located within the City limits and it is highly unlikely the City would decide to
drill a water well on the property.
Real Property Staff, however, cannot just delete the term "water rights" in the
Grant Deed as water rights are considered property rights, and their transfer
must come at the direction of the Mayor and City Council.
As the water rights are not considered important to the City's Water Department,
and, as Mr. Kersey has indicated, the Water Department has no objection to the
deletion of these rights, it is recommended that the attached resolution author-
izing the execution of the revised Grant Deed with the term "water rights" delet-
ed, be adopted.
02/07/95 2
75-0264
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