Loading...
HomeMy WebLinkAbout23-Public Works L~~~ "U_ ~~.~V-~u~ )/'" r CITY OF SAN BERNAC))INO - REQUEST FCQ COUNCIL ACTION Dept: From: ROGER G. HARDGRAVE, DirectRtGT.-~.:~";';. Siiliject: Resolution: Vacating and Authorizing the Execution.of a Quitclaim Deed for a Public Service Easement for Sewer located South of Mill Street, between Crescent Avenue and "G" Street Public WorksfEngineering -I Om: 10-31-90 Synopsis of Previous Council action: NONE Recommended motion: Adopt Resolution cc: Shauna Edwins, City Administrator James F. Penman, City Attorney J.. . } c,/V-;4 ----- - II 0 6[lJ(>{ . Sig ur~ - .- Contact person: Anne DeBolt Phone: 'i12R Supporting data attached: staff Report. Man. Re"ollltion Ward: 3 FUNDING REQUIREMENTS: Amount: tJ IA . Source: (Acct. No.! (Acct. Descriotion) Finance: Council Notes: 10-31-90 Agenda Item No ~.3 75-0262 I I CITY OF SAN BERNADINO - REQUEST FOl COUNCIL ACTION STAFF REPORT A request was received from Randall W. Croft of Engineering Design Center and Consulting Professionals, Inc., in behalf of his client, Cove Development Co. Inc. to quitclaim the sewer easement bisecting their property. They have installed a new 8 inch (diameter) sewer line in Crescent Avenue to intercept the flow of an existing sewer main that runs under an existing structure on their property. A new sewer line ~as necessary before the abandonment of the public sewer running under the building and the quitclaiming of that easement was possible. The 10 foot wide sewer easement traverses Cove Development's property, generally from the Northwest side of the property to the Southeast side of the property, running directly under their building. The main sewer line to the North of Huff street has been re-routed, so the abandonment of this section of the line will not put any undue pressure or use on the new line. As the original easement was granted to the City only, and only for sewer purposes, we can therefore summarily vacate and quitclaim our interest in the easement to the existing owners of the property without necessitating the entire vacation procedure for the abandonment of the easement under the provisions of the Streets and Highways code. The City has no further use for this easement as the sewer has been relocated, and Staff therefore recommends that the Resolution vacating the easement and authorizing and directing the execution of the Quitclaim Deed, be adopted. 10-31-90 2 75-0264 . . 9' J II !Illtl ..III .~ o o , . ..17'U" II 1------------, HilFl'sritm- __uu____---._____; ! /---------------------------" \ I I \ ' .I~~J' I I ., . I ' I", ",'l" I II I ,,~ I ' I, "" ii I I I) .~~ EX1E'11NG I ?: I .1, ~ r=J:E I ""I I ,~ ,I . . ~ 000 S. ... S1IIEET I ' I i! II l . I I If,. ~ ~ I ' I I J' '" :1.~* I I I I _..:;-...r + - \ ~. ..~~~ I \ '" , '" \ ......... I I I Q _,~.4b.~""'_ \ I 1 \ I ~ . I ~ ,"<i , I I;' I ! ~ ~, ! .;> I. II. 1;1 I i iij, i .~ ... !i i i i :~:'I;: Urn_- T--~----O..." lJ II!: II : :- -- -- - ---- -' ',- '-. " II I : I " ' I I I ',I I I I I I 't", I I I I 1 I I I I I ,"-l. I : I I \ I" I I I SlTEPLAN. I ' I I I I No t *' .5eaJe. T I I I I , I I I --------------------------- :. :;; :w VICINITY HAP .OT ro KALI 1 n /,:\1 IQn i L o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND QUITCLAIMING THAT CERTAIN SEWER EASEMENT LOCATED SOUTH OF MILL STREET, BETW"EEN "G" STREET AND CRESCENT AVENUE, IN SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. WHEREAS, the City of San Bernardino, by documents recorded November 4, 1938, in Book 1311, Page 128, Official Records of San Bernardino County, did acquire a Public Service Easement for sewer purposes over a portion of land generally located South of Mill Street, and between "G" Street and Crescent Avenue; and WHEREAS, the sewer line lying within the easement has been abandoned by the City and is no longer needed for sewer purposes; and WHEREAS, the property owners wish to develop, sell or otherwise use the land in question, which would utilize the area encumbered by the sewer easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND C0l1l10N COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That this summary vacation of the Public Service Easement located South of Mill Street between Crescent Avenue and "G" Street, is being made under Section 8333 (c), et. seq., of the streets and Highways Code, and is described as follows: Beginning at a point in the South line of Mill Street, in said City of San Bernardino, distant 380 feet West of the intersection of the South line of Mill Street with the prolongation South of the center line of "G" Street; thence South 180 East, 320 feet; thence South 540 East, 1008 and 90/100 feet, a little more or less, to a line parallel with and distant Northwesterly 100 feet, measured at right arlgles from the Southeasterly line of Colton Avenue; thence Southwesterly, parallel with the Southeasterly line of Colton Avenue, 10 feet; thence North 540 West, 1012 and 79/100 feet, a little more or less, to a point in the South line of Lot 1, Block 28 of the Rancho San Bernardino, as per plat of said Rancho of Record in Book 7 of Maps, at Page 2, in the office of the County Recorder of said County of San Bernardino, distant 248 and 35/100 feet West of the East line of said Lot 1; thence North 180 West, 326 and 48/100 feet to the South 1 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/11/90 l . QUITCLAIM UEIill: SEWER EASEl'IENT SUUTH lif MILL aD CRESCENT AVENUE SlkEEl, o HElWhhN "l,," :'Ufr.!:.l ANlJ line of Mill Street; and thence East along the South line of Mill street, 10 and 5/10 feet, to the Place of Beginning. EXCEPTING THEREFROM, THOSE PORTIONS THEREOF LYING WESTERLY OF THE EAST LINE OF CRESCENT AVENUE, 40 FEET WIDE, AND EASTERLY OF THE WEST LINE OF "G" STREET, 52 FEET WIDE. SECTION 2. That the Public Service Easement referred to herein, a and as described in that certain Quitclaim Deed, a copy of which is attached hereto, marked Exhibit "A", is no longer needed for public purposes. SECTION 3. That the Public Service Easement be transferred back to the current property owner via the Quitclaim Deed attached hereto. SECTION 4. That the said Quitclaim 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 approved. SECTION 5. That the Mayor and City Clerk of the City of San Bernardino are hereby authorized and directed to execute said Quitclaim Deed on behalf of the City of San Bernardino. SECTION '6. That from and after the date this Resolution is recorded, the vacated Public Service Easement no longer constitutes a public service easement. / / / / / / / / / / / / / / / / / / 2 . . QUITCLAIM DEED: SEWER EASEMENT SOUTH OF MILL S~, BETWEEN "G" STREET AND c:JNn CRESCENT AVENUE \~ 1 2 3 4 5 6 7 8 9 10 11 12 the I HEREBY CERTIFY that the foregoing resolution was duly adopted by Mayor and Common Council of the City of San Bernardino at a meeting held on the of day thereof , 19_____, by the following vote, to-wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAlJDSLEY MINOR POPE-LUDLAM 13 MILLER 10/31/90 14 15 16 17 18 ot 19 20 21 22 23 24 25 26 27 28 City Clerk The foregoing resolution is hereby approved this day , 19_____ W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney ~&v 3 < , ,I r I Order No. E8CrcO~ Loan No. o WHEN RECORDED MAIL TO: SPACE ABOVE 'Illla LINE FOR RICORDEII'S USE MAIL TAIlSTAnM.NT TO: DOCUM.NTARY TllANal'll1l TAIlS........................... _ Comput8d on the CONidrltdOn Qt_I... of property conveyed; OR _ ComPUted on 1M vOi*d&,.tton or VIIlue leu lie.. or encumtM'aI.a' remalnk'lg .t ttme 01..... S6gnatu,. of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipl of which la hereby acknowledged, TIlE CITY OF SAN BERNARDINO. a 1IUIlicipal corporation do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM 10 COVE PROPERTIES. INC.. a California corporation ~ Ihe real properly In Ihe City of San Bernardino County of San Bernilrdino All our right. title and interest in and to a partion of an eas_nt for sewer facilities in, over, under and across 4 strip of land 10 feet in width, described as follows: , Stale of California, described as Beginning at a point in the South line of Hill Street. in said City of San Bernardino, distant 380 feet West of the intersection of the Soutb line of Hill Street with the prOlongation South of the center line of "Got Street; thence South 180 East, 320 feet; thence South 540 East. 1008 and 90/100 feet. a little aore Dr less. to a line parallel with and distant Northweaterly 100 feet. ..asurad at right anglea froa the Southeasterly line of Colton Avenue; thence Soutbwesterly, parallel with the Soutbeasterly line of Colton Avenue. 10 feet: thence North 540 Weat. 1012 and 79/100 feet. a little ..re Dr leas. to a point in the South line of Lot I, Block 28 of the Rancho San Bernardino. as per plat of said Rancho of Record in Book 7 of Haps. at Page 2. in the office of the County Recorder of said County of San Bernardino. distant 248 and ~/loo feet West of the East line of said Lot I; thence North 180 West. 326 and 48/100 feet to the Soutb line of Hill Street: and thence East dODl the South line of Hill Street. 10 and 5/10 feet. to the Place of Beginning. EXCEPTING THEREFROH. 11IOSE PORTIONS TIIEREOF LYING WESTERLY OF TIlE EAST LINE OF CRESCENT AVENUE. 40 FEET WIDE. AND EASTERLY OF TIlE WEST LINE OF "G" STREET. 52 FEET WIDE. CITY OF SAN BERNARDINO. a aunicipal corporatioD I STATE OF CALIFORNIA COUNTY OF SAN BERNAROINO SS On , before _, a Notary PubHc fn and for safd County anCl )uu. persona IIY appeared and , known to .. to be the MaYDr and C I ty Cl.rk Of tDl Cltr Of ~n sernardlno, tn8 .unfcfpal corporatfon that ...cuted the, wftllfn fnstr_nt and acknowl.dged to . tIIat tIIey e.ecuted the sa.. on behalf of the Dunfcfpal corpor.tfon. WITNESS DY hand and offfcfal seal. I Notary PUDt1C 1n and for Sl1d tounty and State EXHIBIT "A"