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HomeMy WebLinkAbout35-Water Department C'ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Stacey R. Aldstadt, General Manager Dept: Water ORIGINAL Subject: RESOLUTION APPROVING A QUIT CLAIM DEED VACATING A WATER UTILITY EASEMENT TO RICHMOND AMERICAN HOMES, TO BE FOLLOWED BY NEW REVISED WATER UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85). Date: 5/25/2006 Synopsis of Previous Council Action: Unknown Recommended motion: Adopt Resolution ~~~ Contact person: Stacev R. Aldstadt. General ManaQer Phone: 384-5091 Supporting data attached: Yes Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) Water Deoartment (Acct. Descriotion) Council Notes: Finance: rKeSD_ d-DDf... -li() 75-0262 lI/illofl Agenda Item No. "M CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Adopt a resolution approving a vacation of a water utility easement to the owner of record to be followed by new revised water utility easements in the same location. Background: In October 2004, the Board of Water Commissioners voted to accept a Grant of Easement for installation of approximately 10,850' of ductile iron pipe, ranging in size from 6" to 30", used as mains for 161 single family homes located north of University Parkway between Northpark Boulevard and Kendall Drive and south of Devils Creek Flood Channel (Tract 16509-4). The developer, Richmond American Homes, has planted trees and constructed block walls within the above-mentioned easement and said improvements limit the access to maintain the water mains within the area of recorded Easement No. 2004-0783247 (attached). The Water Department has determined that this easement is not acceptable and request that it be quit claimed back to the owner. Richmond American Homes is in the final phase of developing said tract, and any pending sales are dependant on the unused City of San Bernardino easement being Quit Claimed to them. Financial Impact: None Recommendation: Adopt a resolution approving the Quit Claim Deed to Richmond American Homes, releasing and terminating the Easement. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED VACATING A WATER UTILITY 3 EASEMENT TO RICHMOND AMERICAN HOMES, TO BE FOLLOWED BY NEW REVISED WATER UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85) . 4 5 WHEREAS, the City of San Bernardino obtained a water utility 6 easement for Water Department use on October 26, 2004 from 7 University Park Holdings, LLC for installation of various water 8 mains; and 9 WHEREAS, the easement was located North of University Parkway 10 between Northpark Boulevard and Kendall Drive Street and 11th Street, 11 and South of Devils Creek Flood Control Channel and was necessary 12 for the construction of approximately 161 single family homes; and 13 WHEREAS, the developer, Richmond American Homes, has planted 14 trees and constructed block walls within the above-mentioned 15 easement and said improvements limit the access to maintain the 16 water mains within the recorded Easement No. 2004-0783247. 17 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 18 THE CITY OF SAN BERNARDINO AS FOLLOWS: 19 SECTION ONE: That the City of San Bernardino, a Municipal 20 Corporation, does hereby approve a Quitclaim Deed for an easement 21 for water line purposes to the owner of record, as described in the 22 Grant of Easement No. 2004-0783247 recorded on October 27, 2004 of 23 Official Records of San Bernardino County. 24 SECTION TWO: That the said Quitclaim Deed referred to herein, 25 a copy of which is attached hereto, marked Exhibit "A", and hereby 26 referred to and made a part hereof as fully as though set forth at 27 length herein, is hereby approved. 28 I I I I I 6/19/2006 YLo .3 0- ~/t(./6 6 Page 1 of 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A QUITCLAIM DEED VACATING A WATER UTILITY EASEMENT BACK TO UNIVERSITY FARK HOLDINGS, LLC, TO BE FOLLOWED BY NEW REVISED WATER UTILITY EASEMENTS IN THE SAME LOCATION (TRACT 16509-4; LOT 85) 1 SECTION THREE: That the Mayor and City Clerk of the City of San 2 Bernardino are hereby authorized and directed to execute said 3 Quitclaim Deed on behalf of the City of San Bernardino. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted 5 by the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, the day of held on 7 2006, by the following vote to wit: 8 COUNCIL MEMBERS AYES 9 ESTRADA 10 BAXTER 11 MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 NAYS ABSENT ABSTAIN RACHEL CLARK, City Clerk 19 The foregoing resolution is hereby approved this day of 20 , 2006. 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 APPROVED AS TO FORM: 24 , ( /) By: \ /; '~"""~'"'-"-' JAMES F. PENMAN ) City Attorney \.-.-/" 25 26 27 28 6/19/2006 Page 2 of 2 REQUESTED BY AND WHEN RECORDED MAIL TO: Richmond American Homes 16845 Von Karman Ave, # 1 00 Irvine. CA 92606 APN: 0151-342-12 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERA TIO\!, receipt of which is hereby acknowledged, the CITY OF SAN BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Richmond American Homes of California, Inc., the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: THAT CERTAIN WATERLINE EASEMENT AS DESCRIBED IN DOCUMENT NO. 2004-0783247, BEING THE EASTERLY IS FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO. 16509-4, AS PER PLAT RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY. CITY OF SAN BERNARDINO, by: DATE: PATRICK J. MORRIS, Mayor ATTEST: RACHEL CLARK, City Clerk ACKNOWLEDGEMENT OF GRANTOR(S): ) ) S.S. ) STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared personally known to me (or proved to me on the basis of s~tjsfactory evidence) to be the person(s) whose name(s) 'is/are subs-Z;ib~ to the \\'ithin 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 "A" REQUESTED BY AND WHEN RECORDED MAIL TO: ,., '~J , ~,- t r(li~' ,~, 't ..k"'(t-iN;' '.I . 1''' Richmond American Homes 16845 Von Karman Ave, #100 Irvine, CA 92606 APN: 0151-342-12 VUIILLAllnu~~u FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN BERNARDINO, a municipal corporation, and its Municipal Water Department, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Richmond American Homes of California, Inc., the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: THAT CERTAIN WATERLINE EASEMENT AS DESCRIBED IN DOCUMENT NO. 2004-0783247, BEING THE EASTERLY 15 FEET OF LOT 85, DELINEATED ON THE MAP OF TRACT NO. 16509-4, AS PER PLAT RECORDED IN BOOK 318 OF TRACT MAPS, PAGES 8 THROUGH 12, RECORDS OF SAID COUNTY. CITY OF SAN BERNARDINO, DATE: by: PATRICK J. MORRIS, Mayor ATTEST: RACHEL CLARK, City Clerk ACKl'iOWLEDGEMENT OF GRANTOR(S): COUNTY OF ) ) S.S. .._~----) STA TE OF CALIFORNIA On before me, ___, personally appeared ---..-'-.--.--- -----.--.'--- --..-.--..- ....-..-..----- ~--_._---.__.-._-~--- 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 acknO\vledged to me that he/she/they executed the same in his/iher/their authorized capacity(ies), and that by' his. her,their signature(s) on the instrument the person(s) , or the entity on behalf of vihich person(s) 3cted, executed the instrument. WITNESS my hand and official seaL Signature ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): lv) i ~ \ 010 Item # ~c:;. Resolution # Vote: Ayescl)")VJ 1)<17 Nays -f:y Abstain-cr Change to motion to amend original documents D Companion Resolutions dCDb-J~ 0 Absent I'I--~ Null/Void After: days/ Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: .} ~ Date of Mayor's Signature. Ulf {.O~ . Date ofClerk/CDC Signature: 1.)0 JiJ0 Reso. Log Updated: R ~ Seal Impressed: Reso. # on Staff Report Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2'd Reminder Letter Sent: Not Returned: D Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control D D ~1,c\:(\Ov D D EDA D Information Services D Facilities D Parks & Recreation D Finance D Police Department D Fire Department D Public Services D s,Jj~ Human Resources D Water Department ~ afJul City Administrator City Attorney Code Compliance Development Services Others: Notes: Ready to File: _ Date: Revised 12/18/03 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: June 29, 2006 ~ Sydney Morrison, Senior Administrative Coordinator Water Department .15\~V . Sandra Medfna, Asststant to the Ctty Clerk LaI'2-Ci / 0 ~ TO: FROM: RE: Executed Quitclaim Deed Please find enclosed one original executed Quitclaim Deed attached to Resolution No. 2006-190, approving a quitclaim deed vacating a water utility easement to Richmond American Homes, to be followed by new revised Water Utility easements in the same location (Tract 16509-4; Lot 85). If you have any questions, please call Dodie Otterbein at ex!. 3215.