HomeMy WebLinkAbout24-Water Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bernard C. Kersey,
General Manager
Subject: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
ACCEPTING A GRANT DEED FROM
DIXIE ANN HUBBARD AND PATRICIA
ANN DYE AND DEDICATING THE
PROPERTY FOR WATER DEPARTMENT
USE - APN 0140-191-41-0-000
Dept: Water lNAL
Date: July 28, 2004 0 R 1 G
MICC Meeting Date: August 16, 2004
Synopsis of Previous Council Action:
None
Recommended Motion: Adopt Resolution
~
Signature
Contact person: Bernard C Kersey
Phone: 5091
Supporting data attached:
YA!':
Ward:
4th
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
~ ~OOf-2k2
Agenda Item No. ~
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CITY OF 8AN BERNARDINO-REQUE8T FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
A Resolution of the Mayor and Common Council of the City of San Bernardino
accepting a Grant Deed from Dixie Ann Hubbard, as Trustee of the HUBBARD
FAMILY TRUST U/D/T and Patricia Ann Dye, Trustee of the Patricia Ann Dye
Separate Property Trust for the purchase of property located between 8th Street
and 9th Street west of "H" Street adjacent to the 1-215 Freeway, Assessors Parcel
Number 0140-191-41-0-000, San Bernardino, California and dedicating the
property for Water Department use.
BACKGROUND:
The Water Department has completed the design of a large diameter (60 inch)
water transmission pipeline that will be installed in the very near future in 9th
Street from Perris Street on the west to Wall Street. A separate 36 inch line will
then be installed between 9th Street and Baseline Street. These water transmission
pipelines will allow the department to balance the east and west sides of the water
system which was significantly impacted when the 1-215 freeway was constructed.
Most of the installation ofthe pipeline will be in public right-of-way except for the
areas where the pipeline needs to cross the 1-215 freeway and the Burlington
Northern/Santa Fe Railroad right-of-way. The department must acquire through
fee or easement a right-of-way on the south side of 9th Street east of the 1-215
freeway and west of the railroad right-of way for the installation and long term
maintenance of the pipeline. We have acquired through easements rights to
install the line west of the railroad right-of-way.
East of the 1-215 freeway is a vacant parcel ofland that is adjacent to the freeway
that the department has been in negotiations with the owner to either acquire an
easement or fee in the property. The owner of the property was not willing to grant
an easement and wanted to sell the entire parcel. The total parcel is a little less
than two acres. Subsequent to the installation of the pipeline, Caltrans will be
acquiring a majority of the property for the right-of-way for the upgrades to the 1-
215 freeway. The Board of Water Commissioners authorized the purchase of the
land and we have entered into escrow with the owners to acquire the property.
Time is of the essence since the owners have asked for escrow to close as
expeditiously as possible.
FINANCIAL IMPACT:
There will be no financial impact to the City.
The Water Department will finance the property purchase.
RECOMMENDATION:
Adopt Resolution
SOI)T~ R/W ~INE 0; 9TH ~TREET-~-9TH-STREET ---------t-I
PER R/W MAP NO. 427574. ~ ________
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM DIXIE ANN
HUBBARD, AS TRUSTEE OF THE HUBBARD FAMILY TRUST uIDrr AND
PATRICIA ANN DYE, TRUSTEE OF THE PATRICIA ANJ;!! DYE SEPARAMi
PROPERTY TRUST FOR PROPERTY LOCATED BETWEEN 8 H STREET AND 9
STREET WEST OF "H" STREET ADJACENT TO THE 1-215 FREEWAY,
ASSESSORS PARCEL NUMBER 0140-191-41-0-000, SAN BERNARDINO,
CALIFORNIA AND DEDICATING THE PROPERTY FOR WATER DEPARTMENT
USE.
4
5
6
7
8
WHEREAS, the City of San Bernardino Municipal Water Department (Department) is
actively involved in an Enhanced Reliability Schedule of Improvements Project (Project); and
WHEREAS, this Project was undertaken to improve the integrity of the Department's
9
10
11
water system; and
12
WHEREAS, the acquisition of parcel, described as Assessor's Parcel No. 0140-191-41-
0-000 located between 8th Street and 9th Street west of"H" Street adjacent to the 1-215 freeway,
13
14 is necessary for installation, maintenance and repair of a 60 inch diameter water transmission
15 pipeline in accordance with this project; and
16 WHEREAS, altemative routes have been evaluated and this selected route is the most
17 cost effective and least disruptive.
18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL of THE
19 CITY OF SAN BERNARDINO AS FOLLOWS:
20
SECTION 1.
The City of San Bernardino hereby accepts the Grant Deed from
21 Dixie Ann Hubbard, as Trustee of the HUBBARD FAMILY TRUST U/Drr dated March 5,
22 1991, as amended on June 30,1994, and Patricia Ann Dye, Trustee of the Patricia Ann Dye
23 Separate Property Trust Dated November 24, 1998, as set forth in Exhibit "I" attached hereto
24 and incorporated herein by reference as though fully set forth at length herein.
25
SECTION 2.
The property acquired herein is dedicated for Water Department
26 use.
27 / / /
28 / / /
July 28, 2004
Page 1
o
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ACCEPTING A GRANT DEED FROM DIXIE ANN HUBBARD AND PATRICIA ANN DYE FOR PROPERTY
2 LOCATED BETWEEN 8TH STREET AND 9TH STREET WEST OF "H" STREET ADJACENT TO THE I-U5
FREEWAY, ASSESSORS PARCEL NUMBER 0140-191-41-0-000, AND DEDICATING THE PROPERTY FOR
3 WATER DEPARTMENT USE.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a
meeting thereof, held
7
day of
, 2004, by the following vote, to wit:
on the
8 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18
Rachel Clark, City Clerk
19
The foregoing resolution is hereby approved this
day of
20 2004.
21
22
23 Judith Valles, Mayor
City of San Bernardino
24 Approved as to
Form and legal content:
25 JAMES F. PENMAN,
26 City Attorney
27
28
I 0
July 28. 2004 Page 2
-C:-JUL.22.2004 2:17PM
MCKEEHAN ESCROW
NO, 269
p, 2
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(~BIlC01IDlNG 1lBQ'CESTED BY
'IVBBN llIlCOllDED MAIL DEED AND TAX
Sf.6.TEMIlNT TO:
CITY' OF SAN BBRNAlIDINO MUNICIPAL
WATBR DBPARTMENT
P.O. Box710
San BeIDardi>>D. CA 92402
A.P.N.: 0140-191-41.0-000
Space Above Tbis LiDo for Recorder" u.. ~
Order No.: SSB-1442705 Escrow No.: 7903!1.B
GRANT DEED
THIl UNDBBSIGNED GllANl'0R(.) DllCLARIl(s) THAT DOCUMl3NTAllY TRANSFEll. TAX IS: coUNTY S82.50
11 CD~ OD fall value of 9fOIIOrtY conveyed, or
CD~ on full value 1esS v8I:ac of liOllS or imcumhram:es ll"1".;rring at time of sale.
U1Iltii:orpoxatcd area; [ ] City of ~ _.<<finn . aDd
FORA VALUABLE CONSIDERATION. Receipt of which is heteby ackDowledied.
Dixie Ann Bnbbard, as Trustee of the HUBBARD F.AMIL Y TRUST UfD/T dated Mareh S, 1991 as amended on JIIDe
30, 1994. and Patricia Ann Dye, Trustee of the Patrid.a Ann Dye Separate Property Trust Dated NQ'fl!IIIber 24, 1998
hereby GRANT(S) to CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
rr following de8cn'blld pIIlPerty hi. rhe City of San Bel'IIlIl'dino, CoIIDty of San Bernardino State of CaIifomia:
~ description attached as Eshlbit "A"
HUBBARD FAMILY TRUST
PATRIaA ANN DYE SEPARATE PROEPRTY TRUST
(;1" ~----
B.Y: ~._._~".-_. b...~-J
. PATRlClAANNDYE, TRU )
Doc:mneot Date: Julv 20. 2004
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- ",. JUL.22. 2004' 2: 17PM
MCKEEHAN ESCROW
NO.2 6 9
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LEGAL DescRJPTION
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Real property In the CtV of 58n Bemllrdino, county af San Ilen1llrdino, StaIB of california,
desCI1bed as fol\ow5:
THOSE pORTIONS OF LarS 7, 8, 9, 10 AND 11 OFmCT 2828, iN THE CITY OF SAN
8ERNA1W1NO, COUN"N OF' SAN BeRNARDINO, STATE OF CAUFQIOOA. AS P!R MAP RECORDED
IN BOOK 39, PAGE 11, OF MAPS, IN THE OFFICE! OF'TliE COUNTY fij:CORDEP. OF SAID
COUNTY, AND 'TliO~ ~iIONS Of \.OTS 5, 6 AND 7 IN BLOCK S1 OF THE CITV OF SAN
BERNARDINO, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE
COU~ RECORDER OF SAID COUNTY, Dl!SCRI8ED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE SOU1l1EAST!RLY CORNER OF SAID LOT 7 OFTRACT NO. 2828; THENCE
NORTHERLY AL.ONG THE EASTERLY UNE OF L.C1TS 7 AND B OF SAID lRACT NO. 2828, A
DISrANCE 0F'19S.S7 fEET TO THE NOFmlEASl'Efa Y CORNER. OF SAID LOT 8; THENCE
EASTERLy ALONG THE SOVTH!lU-Y llNE OF SAID LOT 9 A DISTANCE OF 14O.1.S FeET TO THE
SOlITHEASTERLY CORNER OF SAIl) LOT 9; THENCE NORTHERLY ALONG THE EASTERLy LINE
OF' SAID LOTS 9, 10 AND 11, A DISTANCE OF 1n.36 FEET TO THE NORTH UNE OF THE SOUTH
22.-1/2 RODS (371,25 FEET) OF SAID BLOCK 51; THENCE ALONG SAIl) NORTH UN! NORTH 88
DEG 33' 1S- EASi 60.35 P!ET TO 1'HE soUTH!ASTERl-Y CORNER OF'TliAT CERTAIN PARCEL. OF
I.A/IID CONVEYED TO THE STATE OF CALIFORNIA BY !)!EO FILED APRIL 15, 1955, IN VOLUM!
6Z, PAGE 12162, IN ~ offiCE OF llfE: P.EGlsmAR OF LAND TI'O-ES 01' SAlD COUNTY;
THeNCE AI.ONG 1'Hf EASTERLY UNE OF SAID CElU'AlN PARCEL OF LAND, NORTH 0 OEG. 30'
30. WesT 44.79 FeET TO THE SOl./THWSTERLY CORNER OF'TliA" O!IUAIN PARCEL OF LAND
CONVEYED TO THE STATE OF CALlFORNI'A BY DEED RECORDED MAY 11, 1955, IN BOOK 3641
OF OFFICIAL. RECClRDS, ON PAGE 435 TH~F, RECORDS OF SAID COUNTY; THENCE AlONG
THE SOUlliERL Y UNE OF THE LAST MENTIONED PARCEL OF LAND NOJrni 89 PEG. 33' 13.
EAST 79,25 FEEfTO THE SOUTHEAST!RLY CORNER. THEREOF; THENCE ALONG THE EASTERly
llNE THEREOf, NOImI 0 DEG, 30' 30. WEST 171.31 FEeT; THENC! SOUTH 81 DEG ]8' 55" '
wesT 301.46 FEETj THENtl: SOUTH 0 DEG. ..1' 39- EAST 545.90 FeET TO A POINT IN THE
soUlli UNE OF 5AlD LOT 7 OF lRAcr NO. 2.828, DlSTAl'(T'THEREON SOUTH 89 DEG. 33' 15"
WEST 17.13 I'EET FROM SAID SQUTHEAST!JU.Y c:o~ER OF LOT 7; THeNCE ALONG SAID
SOUTl-l UN! NORTH 89 DEG 33' 15" EAST 17.13 FEeT TO THE pOINT OF BEGINNING.
APN: 0140-191-41-0-000
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ss.
CITY OF SAN BERNARDINO
CERTIFICATE OF ACCEPTANCE
(Grant Deed)
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 grantee consents to the
recordation thereof by its duly authorized officer.
Assessor's Parcel No. 0140-191-41-0-000 -located between 8th Street and 9th
Street west of"H" Street adiacent to the 1-215 freewav
. CITY OF SAN BERNARDINO
A MUNICIPAL CORPORATION
Dated:
By:
Rachel G. Clark, City Clerk