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HomeMy WebLinkAbout26-Public Works .. . .. File No. 15.30-291 CITY OF SAN BERARDINOj.~ REQUEST .R COUNCIL ACTION eom: ROGER G. HARDGRAVE, Director Dept: Pub 1 i c Works/Engi neeri ng Date: 11-01-89 Subject: Resolution: Authorizing Execution of two Quitclaim Deeds - Sewer Easements located generally West of Circle Road and North of Edgehill Road Synopsis of Previous Council action: Recommended motion: . Adopt Resolution cc: Mmh.ll "11,,, Cay""",,,,,,,, a ~ Jim Richardson, Deputy City Administrato velopment Ignature James Penman, City Attorney ~ Anne De60l t 5326 Contact person: Phone: Staff Report, Map, Resolution 5 Supporting data attached: Ward: N/A FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) IAcct. DescriPtion) Finance: Council Notes: . 11-01-89 75-0262 Agenda Item No. ..1..' CITY OF SAN BER*'RDINO - REQUEST .R COUNCIL ACTION . STAFF REPORT A request was received from Mr. and Mrs. Gregory Galetti, owners of the property located at 798 Edgehill Road, to vacate that certain sewer easement which crosses the entire length of their property. The same easement also crosses the property above the Galetti I s, located at 3420 Circle Road, which property belongs to Mr. and Mrs. Ronald Aiello. The easement crossing the Galetti's property was granted to the City of San Bernardino on April 17th, 1967, for sewer purposes only. The easement affecting the Aiello's property at 3420 Circle Road, was granted to the City of San Bernardino on April 13, 1967, and it too, was for sewer purposes only. The sewer line which lies within the easements was abandoned in 1988 when new sewer construction in the area rendered it useless. As the original easements were granted to the City only, and only for sewer purposes, we can therefore Quitclaim our interest in the easements to the existing owners of the property without necessitating vacating the easements under the provisions of the Streets and Highways code. The City has no further use for these easements, and therefore recommends that the Resolution authorizing and directing the execution of two Quitclaim Deeds, be . adopted. .1-01-89 75.0264 e- . - It) - :0., .~ "- (,JOlt) !o gql'- ~- mo" 0-0 t:: 0.. ~ Q: l~ II) CC~ C:~ o (f) " '" . , , . < o ..c: (,) c: ~ ~ \l) (\j .Qt:::lL,j , ~ &Ji tri a~~ CI) ~ @&~ ~ -'~- 8 < ,~ f-SO: )... ".;.; _.~r~ N' , !\j 1.\/.t.~. " o ~H ' . I17tn~ OJ. ~ON ~ ~ 001 '"I , * , ... ST."z ~;w;.,.:~ ~.. .,iI" --:1 t'C .E?-..... '" ''-:>. ~'J ...___--.. 'Y' -'. ,,~ "7.)0, ~s;.~8 "J.. . . .LZ! .~.,. 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'. ~~ --;'" " ,~...:. - . , -, ~--. /<S- _, $> :, ~ . ., .. ~ - ':" ,- ~~;, '-~- ''':....>>- ' ~g i ~I ", ,"'~~ . . ."1 ~~ I '-_ .. ...... ~.'--" '-':9 -" ~. ~~: ..." - rS> -, ~ <;, . ~~v , '- .'- , .~., / ~... ~ ';;J, I> < ;y- . . . . 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THOSE CERTAIN SEWER EASEMENTS LOCATED WEST OF CIRCLE ROAD AND NORTH OF EDGEHILL 3 ROAD IN THE CITY OF SAN BERNARDINO, TO THE OWNERS NOW OF RECORD. 4 WHEREAS, the City of San Bernardino, by documents recorded May 4, 5 1967, in Book 6B14, Page 685, and May 18, 1967, in Book 6823, Page 413, 6 Official Records of San Bernardino County, did acquire an easement for sewer 7 purposes over a portion of land generally located West of Circle Road and 8 North of Edgehill Road; and 9 WHEREAS, the sewer line lying within the easements has been 10 abandoned by the City and is no longer needed for sewer purposes; and 11 WHEREAS, the property owners wish to develop, sell or otherwise 12 use the land in question, which would utilize the area encumbered by the 13 sewer easements. . 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 15 THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. That the sewer easements referred to herein and as 17 described in those certain Quitclaim Deeds, copies of which are attached 18 hereto, marked Exhibit "A" and Exhibit "B", are no longer needed for public 19 purposes. 20 SECTION 2. That the said Quitclaim Deeds referred to herein, 21 copies of which are attached hereto, marked Exhibit "A" and Exhibit "B", and 22 made a part hereof as fully as though set forth at length herein, are hereby 23 approved. 24 SECTION 3. That the Mayor and City Clerk of the City of San . 25 Bernardino are hereby authorized and directed to execute said Quitclaim 26 Deeds on behalf of the City of San Bernardino. 27 / / 28 / 11/01/89 . . . 11/01/89 RESO: QUIT~IMING TWO SEWER EASEMENTS~ 1 I HEREBY CERTIFY that the fore9oing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Approved as to form and legal content: meeti ng , 19 on the day of thereof held , by the following vote, to-wit: AYES: Council Members NAYS: ABSENT: The foregoi ng of 21 22 James Penman, City Attorney 23 24 25 26 27 28 Ci ty Clerk reso 1 uti on is hereby approved thi s , 19 day . W. R. Holcomb, Mayor City of San Bernardino - 2 - . . . Qrdfl' NO. Eso.:row No. Loan No. . WHEN RECORDED MAIL TO: SPACE ABOve THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: OOClJMENTARV l'RANSFCR TAX L_..._.._.._.._..._........... ...... ComDuted on m. conlld....tioft or value of ptoplrty COllY..,~; Olll ...... Comgutecl on tn. consideratiOn or \lal",I_liens or .rcl,lmbl1lnCII ........nin. at tim, of 181.. Si,,..,,,,. of Cl~l...."t or ....nt __mini,.. u.. _ Firm N,,,,_ qUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of whiCH 15 nereby aCknowledged, THE CITY OF SAN BERNAROINO, a municlpal corporation do eSl'lerebv REMISE. RELEASE AND FOREVER QUITCLAIM to GREGORY R. GALETTI and TAMARA S. GALETTI, husband and wlfe, as Joint Tenants the real property in the City of San Bernardi no County of San Bernardi no . State of California. described as All our right, title and interest in and to an easement for sewer facilities in, over, under and across that portion of the Southeast one-quarter of Section 21, Township 1 North, Range 4 \~est, San Bernardino r'leridian, if said Section lines were extended across the RanCho Muscupiabe as per plat thereof recorded in Book 7 of Maps, Page 23, Records of the County Recorder of said County, being a strip of land 10.00 feet wide, the centerline of which is described as follows: Commenclng at the intersection of the centerlines of Edgehill Road, 60.00 feet wide, and llH11 Street, 60.00 feet wide; thence South 51. 441 1211 West, a distance of 32.12 feet to the True Point of Beginnlng; thence North 21. 16' 33" West, a distance of 106.03 feet; thence North IS. 451 03" West, a distance of 98.40 feet; thence ~Iorth 24. 251 0811 t'/est, a distance of 93.24 feet; thence Ilorth O. 33' 2B" West, a dlstance of 139.46 feet to the Point of Termination. Excepting therefrom any portion thereof lyin9 within the existing streets. The si,delines of said easement Shall be lengthened or shortened so as to begin in the Northerly line of Edgehill Road and to terminate in the Westerly line of Circle Road. The basis of bearing for the above described easement is the centerline of Edgehill Road, recorded as ~orth 68. 241 East, as delineated on the r-1ap of Tract i~o. 2320, as per plat thereof recorded in Book 33 of i1aps, Page 46, Records of the County Recorder of said County and as delineated on Drawing t~o. 3599 on file in the Office of the City Engineer of said City, CITY OF SAN BERNAROINO, a municipal corporation Dated STATE OF CALIFORNIA COUN'TV OF 0.. Detore me. In. u~~ned. a Not.ry Pwhe ,n .nd tor said SI.le. per. w. R. Holcomb, Mayor ,.. son.lly~,.n Shauna Clark, City Clerk cerso""lly known 10 me 101' C1rovaClto me an the Dull of Ntlllaetor, evldane.. to bit the pe~Sl wll-oM ""metlllS!.... subaerlDed to Ii'll wltl'tln ,nstrum.nt and acknowledged to me II't.t hl/SI't.,they .1Iecutec ll'te..m.. t WITNESS my hand and offICIII..., S'onllur. ITh,..,.. to. ou,c,.' nOt....,...n EXHIBIT "A" 'oas 16,82) Qrdll" No. EIl.TOw No. LOIn No. . . Wl<EN RECORDED MAIL TO, SPACE AIOVr THIS LINE fIlO" ..rCOIllD(lIrs uSE MAIL TAX STATEMENTS TO: ooa m..elfNlY TAANSFIR TAX . .. CDmltV" Oft ....e.......... ot"'~. of ~ c.........; 0" nO Corl'lOlol_ Oft ""CONiCter8fIOfl"''''~, I_I.... or .....1l'IbrMc. ~""" at...... Of .... Si.....UN .f 0...""'.........' .........."1.. u. _ ","" N...... QUITCLAIM DEED FOR A VALUABLE CONSIDERATION rectlpl of wrllcn IS heubv aCknewleaged. THE CITY OF SAN BERNARDINO, a municipal corporation de es h,r'by REMISE. RELEASE AND FOREvER QuiTCLAIM to RONALD E. AIELLO and LILLIAN AIELLO, husband and wife, as Joint Tenants the rt.1 property In tn! Cltv of San Bernardi no County of San Bernardi no . State of California. dlSCnblO as . All our right, title and interest in and to an easement for sewer facilities in, over, under and across that portion of the Southeast one-quarter of Section 21, Township 1 North. Range 4 West. San Bernardino Meridian. if said Sectfon lines were extended across the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps. Page 23. Records of the County Recorder of said County, being a strip of land 10.00 feet wide, the centerHne of which is described as follows: Commencing at the intersection of the centerllnes of Edgehf1l Road, 60.00 feet wide, and "H" Street, 60.00 feet wide: thence South 51' 44' 12" West, a distance of 32.12 feet to the True Point of Beginning: thence North 21' 16' 33" West, a distance of 106.03 feet: thence North lS' 45' 03" West, a distance of 9S.40 feet; thence North 24' 25' OS" ,lest, a distance of 93,24 feet: thence rlorth 0' 33' 2B" West, a distance of 139.46 feet to the Point of Termination, Excepting therefrom any portion thereof lying within the existing streets. The sidelines of said easement shall be lengthened or shortened so as to begin in the Northerly line of Edgehfll Road and to terminate in the Westerly line of Circle Road. The basis of bearing for the above described easement is the centerline of Edgehill Road. recorded as North 68. 241 East. as delineated on the Map of Tract No. 2320. as per plat thereof recorded in Book 33 of r~aps. Page 46. Records of the County Recorder of said County and as delineated on Drawing No. 3599 on file in the Office of the City Engineer of said City. CITY OF SAN BERNARDINO, a municipal corporation Dated STATE 0' CAUFOlItNIA COUNTY OF 0.. oefore me. tfII "'"GefIlVneG. . Notary P"bhC In aftCllor IIICI Stall. Hr' w. R. Holcomb, lIayor ,.. Shauna Clark, City Clerk .000.UyUlPU,.... . ~l'SOI'Ially "now" '0 me lor ptOwe(f 10 ".. Or\ Ul. ..... of 1I11"K1~ "',"~IIO De Ifte DePSOftlalllWftOM na"..al lSIate St,I_nMCIIO '"II .11I'un InIlNme"l.nG Kllnowl", to ".. trI.1 ftellM!tftey ..ec""1C '"II..me \NIT"lESS my "'1"'0 1"'0 CfhC;'11 ..al EXI-II'3IT liB II ,T...,......o.oll.e.....ou...'...!1 S.Q"'ll...'II____ ':;S!: 5=2' .:.. --._-,,-. 1