HomeMy WebLinkAbout15-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director ORIGINAL
Dept: Development Services
Subject: Resolution authorizing the execution
of a Quitclaim Deed for that certain north/south
alley located between Lugo Avenue and Sierra
Way, north of Highland Avenue.
Date: September 13,2004
Synopsis of Previous Council Action:
File No. 15.02-1463
MCC Date: 11-15-2004
OS/22/1956 - Resolution No. 3994 was adopted, authorizing acceptance of a quitclaim deed for
street and highway purposes for an alley between Sierra Way and Lugo Avenue and between
Highland Avenue and 23rd Street.
Recommended Motion:
Adopt Resolution.
-~J~
Contact person: EILEEN GOMEZ
Supporting data attached: StaffReport/Map/Res.
Phone: 5328
Ward: 7
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
T2-esc, -:tLztr^-~S
Agenda Item No.
-15
II (IS f/)t.f
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Quitclaim Deed for that certain north/south alley
located between Lugo Avenue and Sierra Way, north of Highland Avenue.
BACKGROUND:
In March, 2004, our office received notification from the Economic Development agency that
Stuart Hackel of Ron-Stuart Company was interested in making improvements to his property,
formerly the Grocery Warehouse, located in the Uptown Project Area. In the process, Mr.
Hackel discovered that a portion of the property he owned was deeded to the City to use as an
alley, which is part of the north/south alley located between Lugo Avenue and Sierra Way, north
of Highland A venue.
In 1954, the property owners adjacent to the alley granted easements to the City. Several years
later, it was noted that none of the wives of the property owners had signed the deed granting the
easement to the City. A quitclaim deed signed by all of the wives was later submitted. Between
the time of the original deed and the quitclaim deed from the wives the property was sold, raising
a question of proper entitlement by the City for a public alley. Although the area has been used
as an alley for approximately thirty (30) years, the current adjacent property owner, Ron-Stuart
Company, has indicated that the previous documents have clouded title to his property. Mr.
Hackel's title company has indicated that although it is not stated in the document, the intent of
the previous deed to the City was fee ownership, not an easement. In order to remove the cloud
on the title, it was proposed that the property be quitclaimed to the Ron-Stuart Company, which
would then be simultaneously granted to the City as an easement for street and highway purposes
only, not fee ownership. This action will not in any way affect the public's use of this area, but
would help re-establish the public's right of way in the proper form. The attached Resolution
authorizes the execution of a quitclaim deed which will be recorded together with an easement to
be re-granted to the City. Mr. Hackel will forward the executed easement to the City for
acceptance and recording, along with the appropriate recording fees.
FINANCIAL IMPACT:
Mr. Hackel will pay the appropriate recording fees.
RECOMMENDA nON:
Adopt resolution.
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1
RESOLU~ \?1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 DIRECTING THE EXECUTION OF A QUITCLAIM DEED FOR THAT CERTAIN
4 NORTH/SOUTH ALLEY LOCATED BETWEEN LUGO AVENUE AND SIERRA WAY,
NORTH OF HIGHLAND AVENUE IN THE CITY OF SAN BERNARDINO.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
8
authorized to execute on behalf of said City, a Quitclaim Deed to Ron-Stuart Co., a
SECTION 1. The Mayor of the City of San Bernardino is hereby directed and
9
general partnership, a copy of which is attached hereto as Exhibit "1 ", for City property
10
11 known as that certain north/south alley located between Lugo Avenue and Sierra Way,
12 north of Highland A venue, in said City, and more fully described in detail in said Exhibit
13 ''I''.
14
15
SECTION 2. Ron-Stuart Co. has executed an Easement document granting to
the City of San Bernardino, this same property for street and highway purposes. The City
16
17 Clerk shall accept said easement and shall file it with the San Bernardino County
18 Recorder's Office immediately after filing of said Quitclaim Deed.
19 / / /
20
21
22
//1
//1
!II
23
24 / / I
25 //1
26
27
28
11/09!04
Y(o .IS
11/1;/0</
1 RESOLUTION AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR THAT CERTAIN
NORTH/SOUTH ALLEY LOCATED BETWEEN LUGO AVENUE AND SIERRA WAY, NORTH OF
2 HIGHLAND AVENUE.
3
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the l\1ayor anu
Common Council of the City of San Bernardino at a
meeting thereof
held on the
6
7 wit:
day of
, 20_, by the following vote, to
8
9
10
11
12
13
14
15
16
17
18
19
20 The foregoing resolution is hereby approved this
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_.
21
2~
23
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City A torney
27
28
JUDITH V ALLES, Mayor
City of San Bernardino
02/26/0 I
2
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Ron-Stuart Company
Post Office Box 491192
Los Angeles, CA 90049-9192
APN Nos 0150-231-33; 0] 50-231-64
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM
to RON-STUART CO., a general partnership, the [ollowing real property located in the City of San
Bernardino, County of San Bernardino, State of California, as described in Exhibit "A" attached hereto.
* THIS DEED IS CONVEYING THAT PORTION OF THE ALLEY ADJACENT TO 0150-231-64 AND 0150-231-33,
WHICH ALLEY WAS CO,VVEYED BY THAT QUITCLAIM DEED RECORDED MAY 25,1956, IN BOOK 3948,
PA GE 40, OF OFFICIAL RECORDS, COUNTY OF SAN BERNARDINO.
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
CITY OF SAN BERNARDINO,
a municipal corporation
DATE:
By: Exhibit Only
JUDITH V ALLES, Mayor
ACK1'\10WLEDGEMENT OF GRANTOR(S):
ST A TE OF CALIFORNIA
COUNTY OF
} S.S.
before me,
. personally appeared
On
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 capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
Exhibit "I"
LEGAL DESCRIPTION
NORTH/SOUTH ALLEY LOCATED BETWEEN LUGO A VENUE
AND SIERRA WAY, NORTH OF HIGHLAND A VENUE
PARCEL NO. I:
THAT PORTION OF LOT 2, BLOCK 85, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT THEREOF RECORDED IN BOOK 7
OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF HIGHLAND A VENUE AND SIERRA
WAY, AS SHOWN ON SAID RANCHO SAN BERNARDINO;
THENCE EAST ALONG SAID CENTERLINE OF HIGHLAND A VENUE, A DISTANCE OF 206.10 FEET;
THENCE NORTH ALONG A STRAIGHT LINE PARALLEL WITH THE CENTERLINE OF SIERRA WAY, A
DISTANCE OF 41.25 FEET TO THE NORTH LINE OF HIGHLAND AVENUE AND THE TRUE POINT OF
BEGINNING;
THENCE NORTH ALONG SAID PARALLEL LINE, A DISTANCE OF ]35.00 FEET;
THENCE EAST, ALONG A STRAIGHT LINE NORTH OF AND PARALLEL WITH SAID NORTH LINE OF
HIGHLAND A VENUE, A DISTANCE OF 20.00 FEET;
THENCE SOUTH, ALONG A LINE EAST OF AND PARALLEL WITH SAID CENTERLINE OF SIERRA WAY, A
DISTANCE OF 135.00 FEET, TO SAID NORTH LINE OF HIGHLAND AVENUE;
THENCE WEST, ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF
"3EGINNING.
PARCEL NO.2
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF HIGHLAND A VENUE AND SIERRA
WAY, AS SHOWN ON SAID RANCHO SAN BERNARDINO AS PER PLAT THEREOF RECORDED IN BOOK 7
OF MAPS, PAGE 2,]N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE EAST ALONG SAID CENTERLINE OF HIGHLAND A VENUE, A DISTANCE OF 206.10 FEET;
THENCE NORTH ALONG A STRAIGHT LINE PARALLEL WITH THE EAST LINE OF SIERRA WAY, A
DISTANCE OF 41.25 FEET TO SAID NORTH LINE OF HIGHLAND AVENUE;
THENCE CONTINUING NORTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 179.27 FEET TO THE TRUE
POINT OF BEGINNING:
THENCE CONTINUING NORTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 295.00 FEET;
THENCE EAST, ALONG A STRAIGHT LINE PARALLEL WITH SAID NORTH LINE OF HIGHLAND A VENUE, A
DISTANCE OF 20.00 FEET;
THENCE SOUTH, ALONG A LINE PARALLEL WITH SAID EAST LINE OF SIERRA WAY, A DISTANCE OF
295.00 FEET;
THENCE WEST, ALONG A STRAIGHT LINE PARALLEL WITH SAID NORTH LINE OF HIGHLAND A VENUE,
e\. DISTANCE OF 20.00 FEET, TO THE TRUE POINT OF BEGINNING.
Exhibit "A"