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HomeMy WebLinkAbout22-Public Works .... - - - -. - CITY OF SAN BERN~INO - REQUEST F. COUNCIL ACTION Date: 02-06-91 Subject: Resolution: Vacating and Authorizing the Execution of a Quitclaim Deed for a Public Service Easement for water pipeline located Northerly of the Northeast corner of Little League Drive and Pennsylvania Avenue FrO~ROGER G. HARDGRAVE. Director Dep""public Works (Engineering Synopsis of Previous Council action: NONE Recommended motion: e Adopt Resolution cc: Shauna Edwins. City Administrator James F. Penman. City Attorney Contact person: Annp npRnt+ Phone: '\328 Supporting data attached: ~h.ff R..pnrt. MAp. R.."nl11tion Ward: 5 FUNDING REQUIREMENTS: Amount: ~/.6. , Source: (Acct. No.) (Acct. Descriotion) Finance: Cel Notes: 75-0262 Agenda Item No ~:U. - - - - CITY OF SAN BERN~DINO - REQUEST Fa COUNCIL ACTION e e e 75-0264 STAFF REPORT A request was received from the City of San Bernardino Municipal Water Department to relinquish the subject water pipeline as it is no longer needed. The General Manager and the Board of Water Commissioners of the Water Department are in agreement with the proposed vacation of the Public Service Easement. The 20 property. Pulliams the area foot wide water pipeline easement traverses John and Nancy Pulliam's running across the Northerly section and down the Easterly line. The have a tentative tract planned for their property and would like to use in question for a portion of their development. As the original easement was granted to the City only, and only for waterline 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 water pipeline is no longer used. and Staff therefore recommends that the Resolution vacating the easement and authorizing and directing the execution of the Quitclaim Deed. be adopted. 02-06-91 2 . . t~~p;-':",>>7":"' . "..,-.",. ".... ." ':':-;':', . ':OIiit'{-:,:-;; ~ - . . '. , .. . . , . '~'~~~:'~;~:::~:;"~~;~~~;f!~~"_- :. - . = ~.-:<:~~~:: ..: '::'/::;';7::~::J~r"Jri ...:::\:t~e\::::;'<3, 20'''". 1T1'CIIl_"- _~PIlCU18 ...,. c::rn .... _ _ 20' E....'- IT fIOR 'TIUJt---,. 01'___ TENrAllVE TRAcT I I I I I I /.......... I / " : J.....it\e, '" ~ ~Ue. ", : j)r, >Ie " I ',.. I "- , MAp NO. 14655 tocr CONI11IJC11ON .&,- IT , '- PU\"sylvCU\,~" .....~ Ave. - ,. ICITV EN INEER 01 heclled b!l I v. NaJ~8u of DATE I Januarv 28. 1991 1 1 AREA V.CATED SHOWN THUS ~ CITY OF SAN BERNARDINO PUa.IC HORKS DEPARTMENT ENGII\EERING DIVISION REAL PROPERTV SECTION FILE NO.1 15.30-3n6 PLAN NO.1 83Cl7 STREET I ALLEV VACRIDN I Vacation of 20 foot wide water line Easement - Northerly of Northwest corner of Little League Drive & Pennsylvania Ave. e e e 02/11/91 - - - . . 1 2 3 4 5 6 7 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FOR A PUBLIC SERVICE EASEMENT FOR A WATER PIPELINE LOCATED NORTHERLY OF THE NORTHEAST CORNER OF PENNSYLVANIA AVENUE AND LITTLE LEAGL~ DRIVE, IN SAN BERNARDINO. WHEREAS, the City of San Bernardino, by document recorded in Book 8401, Page 1047, Official Records of San Bernardino County, did acquire a Public Service Easement for pipelines and appurtenant facilities over a 8 portion of land generally located Northerly of the Northeast corner of 9 Little League Drive and Pennsylvania Avenue; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS. the pipeline lying within the easement has been abandoned by the City and is no longer needed for pipeline 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 pipeline easement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That this summary vacation of the Public Service Easement located Northerly of the Northeast corner of Little League Drive and Pennsylvania Avenue. is being made under Section 8333 (c). et. seq., of the Streets and Highways Code. and is described as follows: That portion of the Southwest one-quarter of Section 36. Township 2 North. Range 5 West, San Bernardino Base and Meridian. according to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue, as said street is delineated on the map of Irvington Land and Water Company Subdivision, as per plat thereof recorded in Book 1 of Records of Survey, Page 32. records of the County Recorder of said County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps. Page 23, records of the County Recorder of said County; thence North 640 05' 1 e e 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 VACATION AND ~CLAIM DEED: PIPELINE EASEMENT RTHERL'l. OF THE NOI<THEASl ... CORNER OF LITTLE LEAGUE ~E AND PENNSYLVANIA AVENUE 10" West along said Rancho Line, a distance of 571.50 feet, to a point in a line which is parallel with and 10.00 feet West of and measured at right angles to the East line of the land conveyed to Richard P. Schmitz, et aI, by Deed No. 566, recorded February 19, 1970, in Book 7392, Page 128, Official Records of said County, and the True Point of Beginning; thence North 00 01' 28" East, along said parallel line, a distance of 659.15 feet; thence leaving said parallel line, North 590 30' 27" West, a distance of 500 feet, more or less, to a point in a West line of said Schmitz property and the Point of Termination. The side shortened terminate lines of said easement shall be so as to begin in said Rancho in said West line of the Schmitz prolonged or line and to property. SECTION 2. That the Public Service Easement referred to herein, 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. SECTION 7. The City Clerk of the City of San Bernardino shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of San Bernardino. e 27 / / 28 / / 02/11/91 2 . 1 2 3 4 5 6 7 8 10 11 - --- --- - VACATION AND ~ullCLAlM DEt!): l'H't.LINt tA~t.mNJ NU!<JrtLKLl Ut inL l\UiUnL"'" ~ CORNER OF LITTLE LEAGUE ~ AND PENNSYLVANIA AVENUE I HEREBY CERTIFY that the fore~oing resolution was duly adopted by the and Common Council of the City of San Bernardino at a Mayor meeting thereof held on the day of . 19_____, bv the following vote. to-wit: COUNCIL MEMBERS AYES NAYS ABSTAIN ESTRADA REILLY 9 FLORES MAUDSLEY MINOR 12 POPE-LUDLAM 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 02/11/91 MILLER City Clerk The foregoing resolution is hereby approved this day of , 19_____ w. R. Holcomb, Mayor City of San Bernardino Approved as to torm and legal content: James F. Penman, City Attorney ~~ 3 . . Order No. Escrow No. INO. EN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX S ..................... ...... Computed on the conSideration or value 01 property conveyed: OR Computed on the consideratlon or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of whIch is hereby acknowledged. THE CITY OF SAN BERNARDINO. a municipal corporation do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to JOHN A. PULLIAM AND NANCY L. Pt.n.LIAM. husband and wife. as joint tenants the real property in the City of San Bernardino Gounty of San Bernardino ~our right, title and interest in and to ~~ppurtenant facilities, in, over. under described as follows: ,State of California, described as a portion of an ease.ent for water ~ipeline and across a strip of land 20 feet in width, That portion of the Southwest one-quarter of Section 36, Township 2 North. Range 5 West. San Bernardino Base and Meridian. according to the United States Government Township plat thereof and being a strip of land 20.00 feet wide and lying 10.00 feet on each side of the following described centerline: Commencing at the intersection of the centerline of Magnolia Avenue as said street is delineated OD the .ap of lrviogton Land and Water Coapany Subdivision, as per plat thereof recorded in Book 1 of Records of Survey , Page 32, records of the County Recorder of said County, and the North line of the Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, Page 23. records of the COWlty Recorder of said County; thence North 640 OS' 10" West along said Rancho Line, a distance of 571.50 feet. to a point in a line which is (SEE ATTACHED SHEET) CITY OF SAN BERNARDINO. a .unicipal corporation Dated STATE OF CALIFORNIA COUNTY OF 0' before me. the undersigned. a Notary Public in and for saId Slate, I I" ]" W. R. Holco.b, Mayor Rachel Krasney, City Clerk personally appeared known 10 me lor proved to me on the basiS of satisfactory eVidence) to be the personlSJ whose namelSl .s/are subscribed 10 the Within lnstrumenl and acknowledged 10 me that he/she/they ellecuted the same WITNESS my hand and offlc.al seal EX.H/ B/I \.~ II S~",a!u'e (This area tor official notarial seal) - . . e parallel with and 10.00 feet West of and .easured at right angles to the East line of the land conveyed to Richard P. Scb.itz. et aI, by Deed No. 566. recorded February 19. 1970. in Book 7392, Page 128. Official Records of said County. and the True Point of Beginning; thence North 00 01' 28" East, along said parallel line, eo distance of 659.15 feet; thence leaving said parallel line. North 590 30' 27" West. a distance of 500 feet. more or less, to a point in a West line of said Schmitz property and the Point of Termination. The side lines of said ease.eot shall be prolonged or shortened so as to begin in said Rancho line and to terminate in said West line of the Schaitz property. e e