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file \0. 15.JO-3UU
/ JITY OF SAN BER.RDINO - REQUEST eoR COUNCIL ACTION
Date: 7-19-90 (rev)
Subject: Res,;]ution: Vacating and Authorizing thf'
Execu1 ion of a Quitclaim Deed for a Publi,
Service Eilsenlent for Drainage locdted 1I."st
Cub.ersit:-- Parkway and bt'tween the 1-213
and H" llmark Parkway
~m:ROGER G. R~RAVE, Director
YPt: Publ ic Works/Engineering
Synopsis of Previous Council ection:
,ONE
Recommended motion:
-
Adopt Resolution
cc: Shduna Clark, City Administr'<1tor-
Jame" Penman, Citv Attornev
. -, ----,
Ja &!i;i !
V. K-A~ ~/C '
Anu" DeBolt
5328
Contact person:
Phone:
Staff Report, MdP, Resolution
Supponing data attached:
6
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: IAcct, No,)
IAcct. DescriPtion)
Finance:
.unCi! Notes:
07-1G-Q[j (rp\-')
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CITY OF SAN BERreRDINO - REQUEST e>>R COUNCIL ACTION
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75.0264
STAFF REPORT
A request was received from wayne Hendrix of W.R. Hendrix Engineering and
Associates on behalf of his client, O'Donnell - Upland Venture I. In February he
submitted plans for a lot line adjustment. They are requesting that the City
quitclaim the 30 foot drainage easement appurtenant to Parcels 6, 7, 15, and 16
of Parcel Map 5902, recorded in Book 64 of Parcel Maps, Pages 30 through 32.
Parcel Map 5902 is a portion of Parcel Map 4437, recorded in Book 43 of Parcel
Maps, Pages 63 through 66.
10e 30 foot drainage easement was dedicated across Parcel 9 of Parcel Map 4437.
The original purpose for establishment of this drainage easement was to direct
drainage flows towards Hallmark Parkway, per said Parcel Map 4437. However, the
later recorded Parcel Map 5902 further divides Parcel Map 4437, and the
construction of McArthur Boulevard andre-grading of the divided parcels re-
directs drainage to both McArthur Boulevard and Hallmark Parkway.
As the Public Service Easement for drainage has been relocated, the City has no
further use for this easement, and therefore recommends that the Resolution
vacating the easement and authorizing and directing the execution of the
Quitclaim Deed, be adopted.
07-19-90 (rev)
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RESOLLTIO" '\0.
RESOLUTIO!\ OF THE CITY OF SA!\ BERNARDI!\O \'ACATI'\G A"I1 QlITCLAI'lI!\C.
THAT CERIAE DRAINAGE EASEHEI\T LOCATED WEST OF l!\I\'ERSITl PARl\~'Ai AND
BETWEEN THE 1-215 FREEWAY (BARSTOW FREEWAY) AND HALL~lARr; PARKWAY I!\ SA'\
BERNARDINO. TO THE OWNERS NOW OF RECOIl[).
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5 WHEREAS. the Cit~. of San Bernardino. by Parcel Map '\0. 4437.
6 recorded '\O\'ember 2tl. 1978. in Book 43 of Parce 1 !'laps. Pages 63 to 66.
7 Records of San Bernardino County. did acquire a Public Service Easement for
8 drainage purposes over a portion of land genel'all~' located iiest of
9 lniversit~ Parkwa~ and between the 1-215 Freeway (Barstow Freewa.\') and
10 Ha] llllark Pal'kwa~'; dnd
11 W'HEREAS. the dl'ainage line lying within the easement has been
12 relocated and is no longer needed for drainage purposes; and
13 WHEREAS. the propert~. ow'ners w ish to. deveI op. se 11 or otherwise
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us~ tile land in question, which would uti! ize the area encumbered by the
drainage easement.
\OW. THEREFORE. BE IT RESOLVED IlY THE MAY@ A'\D CO'l'IO\ CUl\C1!. OF
THE CITY OF SAN BERNARlJINO AS FOLLOliS:
SEcn 0'\ 1.
That this summary vacation of the Publ ie SerYiee
Easement located liest of lmiversit~ Parkwa~' and between the 1-215 Fl'eeway
20 dnd Ha I lmark Parkway. is being made under Sect iOIl 8333 (c). et. seq. of t1w
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Streets and Highways Code. and is described as follows:
All ~hat portion of the 3U foot wide drainage easement
lying within Parcel 9 of Parcel !'lap No. 4437. as per plat
l'ecul'ded in Book 43 of Parcel Maps. Pages 63 to 6&. in
th~ (,it ir.e of the Count~ Recorder of San Bernardino
Coullty. and l~'ing between the Southerly line of the 1-215
Freeway (Barstow' F.l-eewa~') and the '\ortherl~' line 0:
Hallmark Par'howay.
SE(TIO~ 2.
That the Public SerYice easement referred tu herein
ane as descri bed in that certain Quitclaim Deed. a cop~' uf whi ch is a~taciIed
hereto. mud,ed Exhibit "A". is no longer needed for public purposes.
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07/19/9(<
(;-~\.)
QLnCLAI~! DEW: DkAI'<AGE EASE~lE",- BETriED:
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HALU1ARK PARKiiA)." _~"D 1-;>1:3
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SECTIO!\ 3.
That the Public Service Easement ue transferred bilck
to the current property owner ,-ia the Quitclaim Deed attached hereto.
SECTIO!\ 4. That the said Quitc1ainl Deed referred to herein, a
copy of which is attached hereto, marked Exhibit "A", and made a part hereof
as fully as though set forth at length herein. is hereby appro,-ed.
SECTION 5. nlat the Mayor and City- Clerk of the City of San
Benlardino are hereby authorized and directed to execute said Quitclaim Deed
all behalf of the City of Sail Bernardino.
SECT]O" 6. That from and after the date this Resolutioll is
recorded. the YaCd tell Publ ic Seryice Easement: nl' 1 unger COllst i tutes a
pubJjc ser\"ice easement.
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0,/19/90 (rev)
QUITCLAIM DEED: DRAINAGE EASE~ffiNT BET_EEN
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HALLMARK PARK.Ai
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AND 1-215
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I HEREBY CERTIFY that the foregoing resolution ~'as duly adopted by
the Mayor and ConmlOn Council of the City of San Bernardino at a
meeting
thereof
held
011 the
day
of
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MUDS LEY
MINOR
POPE-WDLA.Ii
MILLER
-----------------------
City Clerk
The foregoing resolution is hereby approved this ______ day
of
, 19_
.. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorne~'
B\~i ,',
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OrdeJilLo.
Escr.o.
Loan No.
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WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDE"S USE
MAIL TAllITATEMENT TO:
DOCUMENTARYTRANII'ER TAll I ...... .....................
_ Computed on the conlldeJ'l,tton or value of property conveyect, OR
_ ComPUted on the COMIderation or ....Iu. .... lien. or encumbrance.
remaining at time of "'e.
Signature of Decl,,.,,t or Agent determining tax - Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION. receipt of which Is hereby acknowledged.
~ CITY OF SAN BERNARDINO, 4 municipal corporation
do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to
SAND G PROPERTIES. a Tennessee general partnerShip
the real proper!}' in the City of. SAn BernArdino
County 01 San Bernanhno
All our right, title and interest in and to an easement for drainage facilities in. over,
under and across all that portion of the 30 foot wide drainage ease.ent lying within
Parcel 9 of Parcel Map No. 4437, as per plat recorded in Book 43 of Parcel Haps, Pages 63
to 66, in the office of the County Recorder, and lying between the Southerly line of the
1-215 Freeway (Barstow Freeway) and the Northerly line of Hallurk Parkway.
, State of California. described as
CITY OF SAN BERHARDINO,
a aunicipal corporation
.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SS
On . before De, a Notary Publfc fn and for safd
County and State, personally appeared
and , known to .. to be tilt Mayor and Cf ty
Clerk Of the Cay Of san Ilernar41no. the lIunfclpal corporatfon tllat executed
the wfthfn fnstrUlllent and acknowledged to IIIe tIIat tIIey executed the same on
behalf of the munfcfpal corporatfon.
WITNESS my Iland and offfcfal seal.
I
Notary PUbl1c 1" and for sa1d county
and State
EXHIBIT "A"