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HomeMy WebLinkAbout16-Development Services CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: James Funk, 0 Ri '.'::, : : ~ t\ L Subject: Resolution authorizing and Director . - directing execution of a Quitclaim Deed for a City sewer easement located at Dept: Development Services Cooley Drive and 1-215 freeway in the City of Colton. Date: April II, 2002 File No.15.03.99 MCC Date: 04-15-2002 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution Contact person: EILEEN GOMEZ Supporting data attached: StaffReportlMapl Resolution/QUItclaim FUNDING REQUIREMENTS: Amount:N/A "., ?//j} / / <:/'1'" / (h7 ';'A James Funk. ;;:1 Phone: 5328 .' Tt< Ward: N/A Source: (Acct. No.) (Ar.d np.~r.ription) Finance: Council Notes: Llc:,o ~ JW-l 01 Agenda Item No. 16 f -{s - O?-- (r4'{4~eitfJ4~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing and directing execution of a Quitclaim Deed for a City sewer easement located at Cooley Drive and 1-215 freeway in the City of Colton. BACKGROUND: The present owner of the property, East Valley Land Company, LLC, is in the process of planning for a future development to be located in the Cooley Ranch area in the City of Colton. On behalf of the property owner, Gresham, Savage, Nolan & Tilden, LLP submitted a request to our office for a quitclaim of a sewage easement document. This easement is located in the City of Colton, which was granted to the City for the maintenance and operation of a sewage disposal pipeline. The easement document between Arthur Gregory and J.D. Langford and the City was recorded on July 26,1907. The easement contains a "sunset" provision which states that in the event the City fails to use this easement for the flowing and depositing of City sewage on said property for a period of six (6) months, the grant shall terminate. The clause also provides that under no other circumstances shall this grant terminate or the City be deprived of its sewage rights. After research of the easement was conducted, staff and the Water Department have concluded that the City never used the easement for the installation of sewage pipes or any other facilities pertaining to the depositing, flowing or disposing of sewage. The present landowner's engineer has also concluded that there were no sewage pipes or other facilities installed in the easement area. Based on the "sunset" provision and due to the lack of installation of facilities to be maintained by the City in the easement, the petitioner is requesting that the City quitclaim the easement back to the current property owner in order to clear the title on the property. FINANCIAL IMPACT: None. RECOMMENDATION: Adopt resolution. 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 e 27 28 e e ~~~v RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF A QUITCLAIM DEED TO EAST VALLEY LAND COMPANY, LLC, FOR A CITY SEWER EASEMENT LOCATED AT COOLEY DRIVE AND 1-215 FREEWAY IN THE CITY OF COLTON. BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Quitclaim Deed for a sewage disposal pipeline easement, and the right of depositing, flowing and disposing of sewage, a copy of which is attached hereto and marked as Exhibit "I". 1// 04/1\102 I e RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF A QUITCLAIM DEED FOR A CITY SEWER EASEMENT LOCATED AT COOLEY DRIVE AND 1-215 FREEWAY IN THE CITY OF COLTON. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the day of ,20_, by the following vote, to wit: Council Members: AYES NAYS ESTRADA LIEN MCGINNIS DERRY SUAREZ e ANDERSON MCCAMMACK e 21 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney n ::2 r By: ~ ( ~~'"' 0&02 Approved as to form and legal content: meeting thereof ABSTAIN ABSENT City Clerk day of ,20_. JUDITH V ALLES, Mayor City of San Bernardino 2 REQUESTED BY AND WHEN RECORDED MAil TO: CITY CLERK ATV HALL .0 North "D" Street San Bernardino, CA 92418 APN: 0276-131-81,0276-131-82, 0276-131-83,0276-131-84 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 East Valley Land Company, LLC, a California limited liability company, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A" . DATE: CITY OF SAN BERNARDINO, by: JUDITH V ALLES, Mayor ATTEST: RACHEL CLARK, City Clerk ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF ) )S.S. ) 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) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by histher/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 "1" e EXHIBIT "A" Sewage Pipeline and Disposal Right Cooley Ranch I City of Colton All that certain real property in the City of Colton, County of San Bernardino, State of California, being a portion of that certain Sewage Disposal Pipeline and the right of depositing, flowing and disposing of sewage according to an "Indenture" between Authur Gregory and J.D. Langford and the City of San Bernardino, recorded July 26, 1907 in Book "R" page 283 of Miscellaneous records of said county, said portion being all of said pipeline and said right lying within Parcels I through 10 inclusive of Parcel Map 15571 as per plat recorded in Book 190 page 94 and 95, of Parcel Maps, records of said county. The hereinabove described pipeline and area of disposal right are shown on Exhibit "B" attached hereto and by this reference made a part hereof. e 2/4/'Z e e e e I , U " PARCEL 3 I 1/ : I " ~-------.., II , I II , I II i' PARCEL 4 I /I I I II I I II , I 1/ ...1 I l ~J I \ ---- ~// ..>'- qJ/ /", ~-\ --- '1/ J. ~ ",- II / ~", I~I/ ,411/ 5 /tk:41// I~/I ,~II I II I 1/ 1/ \ I II \ / 1/ \ / I 1'.1- ~ l ~ " ~ "# II II II '/ 11 ~ I &..U uu uc. "t:.1J V.J'CU fll ~fIlI NU. I , P'7'7":l INDICATES APPROX. lOCATION , ILLLJ OF' R1QfT TO DISPOSE OF' SEWAGE , , , , , , ~, ? , - , ~, p , , INDICATES APPROx. lOCATION OF' SEWAGE PlPEUNE ~ PARCEL 1 P. 03 W W.J. McKEEVER. INC. m CML EKGINUIlING N7___._" --. _1 EXHIBIT "B" VACATION OF SEWAGE PIPELINE AND RIGHT TO DISPOSE OF SEWAGE COOLEY RANCH CITY or COLTON ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): Ii-I 6 - UC) Item # I Co Resolution # Vote: Ayes I - "1 Nays e- Abstaine? Change to motion to amend original documents: -e- ,;) VO:;) - 10 q Absent e-- Reso. # On Attachments: ./ Contract teno: - Note on Resolution of Attachment stored separately: =--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD WICOUNTV Date Sent to Mayor: ---=t - J{P - 09- Date of Mayor's Signature: .4 -\(, -D d- Date of ClerklCDC Signature: .L\ - n --() d-- Date MemolLetter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: "'\ \ \ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distrib7t to: City Attorney Code Compliance Dev. Services Parks & Rec. Police Public Services Water Notes: NullNoid After: - By: - Reso. Log Updated: Seal Impressed: / / ..-- Date Returned: Ves ,; No By_ By_ By_ By_ By_ Ves Ves Ves Ves NOl No No No / MIS Finance EDA Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: --1rrL- Date: 4-\q--o~ Revised 01112101