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HomeMy WebLinkAbout44-Water Department ck~ OF SAN BERNARD~ - REQUM FOR COUNCIL ACT~ From: Bernard C. Kersey, Secretary Subject: Quitclaim of City Owned Property to Acacia Construction, Inc. Dept: Board of Water Commissioners Date: May 22. 1986 Synopsis of Previous Council action: None , Recommeno:led motion: Adopt Resolution ~-<~ / Signature ) Contact person: Bernard C. Kergev Phone: 1R1-'i1Q1 Supporting data attached: Yes Ward: Fifth FUNDING REQUIREMENTS: Amount: -0- Sou rce: N/A Finance: Council Notes: ").0;>',:' Agenda Item No. ~~ . .- . \,... "-' CITY OF SAN BERNARDINO C; ~"j - REQUEST FOR COUNCIL ACTION STAFF REPORT The City of San Bernardino acquired a ten foot in 1944 for the purpose of installing a water main from the Water Department's Devil Canyon Newmark ~eservoir at Western and 48th Streets. -Housing developments that have occurred or that have been approved are required to construct walls along their property lines, which are adjacent to the City's strip of land. This situation has occurred from Sun Valley Drive southwesterly to Western Avenue. With the installation of block walls on both sides of City owned land, it would be very difficult to get equipment into the area should repairs need to be done on the water transmission main. strip of land transmission Well to the Water Department staff has been meeting with representatives of Acacia Construction, Inc., the developer of Tracts 13187 and 13188. These two tracts lie north of and adjacent to the City owned strip of land. Acacia Construction has proposed that in exchange for them paying the cost of relocating the water main from little Mountain Drive to Sun Valley Drive, the City Grant Deed the ten foot strip of land from Western Avenue to Sun Valley Drive. The water main would be installed in Reservoir Drive with Tract No. 13187. The City would reserve an easement in lots 18 and 19 of Tract 13188 from little MountaIn Drive to the flood control channel for water line purposes, adjacent to a storm drain easement. An opinion of the proposed exchange has been received from San Gorgonio land Company, which concludes that the enhancements to the Water Department's water system is greater than the property rights the City is giving up. (See Attached). The exchange proposal was approved by the Board of Water Commissioners at their regular meeting held February 18, 1986. Acacia Construction has submitted payment to the Water Department for the estimated cost to relocate the 16" transmission main. -The value of the land involved, has a value of less than $2,000.00. 75.0264 -< " :.) "..;- '-" San Gorgonio land Company p.o. BOX 1367 SAN BERNARDINO, CA 92402 (714) B81-2518 RECEIVED MAY 2~ 1986 May 20th, 1986 Bernard C. Kersey, Director Administration and Finance Water Department P. O. Box 710 San Bernardino, CA 92402 Dear Bernie: In your letter dated May 15th, 1986 you asked my opinion of the equivalency of value in a proposed exchange between the Water Depart- ment and Acacia Construction, Inc. It is my understanding that the Water Department owns in fee that certain 10 foot strip delineated in red that is the most southerly portion of Lots 18 and 19 of Tentative Tract No. 13188. Located on this parcel is a domestic water line owned and oprated by the Water Department-. In addition, the Water Department is the owner in fee of the 10 foot strtP adjacent on the south of Lots 15 thru 29 of Tentative Tract No. 13187. This parcel is also used for the siting of a domestic water transmission line fro Little Mountain Drive to Sun Valley Drive. Acacia has proposed the following: 1. Water Department deed to Acacia the strip of land lying south and adjacent to Lots 18 and 19 of Tentative Tract No. 13188 reserving unto it- self a ten foot easement for the purpose of maintaining, repairing, re- placing and operating a domestic water transmission and service lines. 2. Water Department deed to Acacia the 10 foot strip lying south and adjacent to Lots 15 thru 29 of Tentative Tract No. 13187. 3. Acacia, at its expense, to install a 16" water main in accordance with the specifications of the Water Department, from a point in Little Mountain Drive adjacent to Lot 29 of said Tract, thence north to Reservoir Drive, thence in a northwesterly direction in Reservoir Drive, thence South on Sun Valley Drive to a pOint where it joins with the water line to be abandoned adjacent to Lots 15 thru 29 of Tract 13187. It is my opinion that this transaction once completed would be in the best interests of the Water Department for the following reasons: 1. In the first instance an easement will meet the need of the Water Department as well as ownership in fee. Were title to remain with the INVESTMENTS . REAL ESTATE COUNSELING . APARTMENTS , \.....- /' '- /"', '-" Page 2 Water Department, walls or fences built during construction or at some date thereafter, would exclude the 10 foot of the Water Depart- ment's leaving a very difficult area to maintain. If left in a natural condition, there would be a very serious fire hazard condition caused by the growth of under brush indigineous to this area. By granting fee and reserving an easement the Water Department's interests are not prejudiced and the wall required by the political authorities will be constructed in such a manner as to be included within each residential lot. 2. In the second situation, the abandoning of a water transmission line located on a 10 foot parcel in exchange for one located in a 60 foot dedicated roadway is certainly a superior alternative because of the ease in moving men and equipment in the wider right of way. In addition the relocated water line will result in Acacia installing over 300 feet more water line than is being abandoned by the Water Department. And finally and of equal importance, the ability to serve domestic water users on both sides of a dedicated street is, a more efficient operation than a transmission line whose only purpose is to transmit water from one point to another. In my judgement this proposal is to the best interests of the Water Department. In my opinion the consideration received in en- hancing the Department's domestic water system is greater than the property rights the department is giving up. Yours very sincerely, ,~1l-//' "?'VI W. E. Leonard, Pres. San Gorgonio Land Co. c :;dn- '" 0 0 -" o OJ n ... OJ "... ... ... '" ... '" n ..... ...'" a .... " 0 ... ....." 0 " . 0" .....H '" " " n '" :;d '" '" '" OJ )> '" '" n '" ... " '" " n 0 ..... ... ..... " 0 ... n )> "" 0 n ... " " .... OJ n " ... .... '" ... " '" n ... .... 0 " ... 0 ~r:< ".' S:o "':;" ~ ;i. 0:; .1 E, o i ..;:: I~ .. :; I~ (1"."") "., ;!, {" '. .~ ....... ....... MO. '....' """",'''',d ~~. -', , ) '-' ..../ : '0 . ,... . ~..~ . '" . . c;') . . '" ... . ~ {' 0,0, . . . 0" . . . . . ",~ '.. <: ... - I,.f":: " '" 0 <> ... OJ '" '" ... " (Jl " ... H ....." ....."..... " 1l<I'" '" " ... " 0 '" 0" " '" OJ ",. '" a '" '" '" " .'" ... '" '" H>- o " .(~ , I , " " (iJ' " ~ " -::;. b " f ...: I I,,,, --&-- -,~ , DRIVE ,fIff.."""',-' ... , . , ., i, , . L'3.bb '. -~ e WM ... -0' --.i;i:.'~D-'.'''' ."IIii'- ;"0'" ;i1<o'~' . flC ~3 ~ !;. . .... '., , ; . N N ~ ~ , . !l. ts ~"' ~ . w. w. ". ... ~1" ~1lO .100 ""'101"'\'111 ,."" ," IH_~-- .__......IaD.w_T~O'.. ~ r.... ....'..'.1,.' < :"l w. ~ . o. ( \..".., / ., or"...... ,,I v 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A QUITCLAIM DEED TO ACACIA CONSTRUCTION, INC., FOR A TEN FOOT STRIP 3 OF LAND FROM WESTERN AVENUE TO SUN VALLEY DRIVE AND RESERVING AN EASEMENT IN LOTS 18 AND 19 OF TRACT 13188 FROM LITTLE MOUNTAIN 4 DRIVE TO THE FLOOD CONTROL CHANNEL FOR WATER LINE PURPOSES, ADJACENT TO A STORM DRAIN EASEMENT, AND DETERMINING THAT THE 5 PROPERTY TO BE EXCHANGED HAS A VALUE OF LESS THAN $2,000.00. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. Recitals. 9 A. Acacia Construction, Inc., is desirous of acquiring 10 a ten foot strip of land from Western Avenue to Sun Valley Drive 11 presently used for Water Department purposes in exchange for 12 Acacia paying the cost of relocating the water main from Little 13 Mountain Drive to Sun Valley Drive. 14 B. Acacia Construction, Inc., has made payment of the 15 estimated cost for such relocation. 16 C. The City would reserve an easement in Lots 18 and 17 19 of Tract 13188 from Little Mountain Drive to the flood control 18 channel for water line purposes. 19 SECTION 2. Findinas. 20 A. The Mayor and Common Council hereby find and 21 determine that the grant of a Quitclaim Deed would: (1) benefit 22 the City of San Bernardino by eliminating a difficult area to 23 maintain, (2) increase the City's water line by an additional 300 24 feet, and (3) serve domestic water users on both sides of a 25 dedicated street. 26 B. The Mayor and Common Council further find and 27 determine that the consideration received in enhancing the Water 28 1 , I..,.~ ,.- v .\ ,J 1"., U 1 Department's domestic water system is greater than the property 2 rights the Department is giving up. 3 C. The Mayor and Common Council further find and 4 determine that the property being exchanged has a value of less 5 than $2,000.00. 6 SECTION 3. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute a Quitclaim Deed on 8 behalf of the City of San Bernardino to Acacia Construction, 9 Inc., for a ten foot strip of land from Western Avenue to Sun 10 Valley Drive, reserving an easement in Lots 18 and 19 of Tract 11 13188 from Little Mountain Drive to the flood control channel for 12 water line purposes, adjacent to a storm drain easement. A copy 13 of said Quitclaim Deed is attached hereto as Exhibit A and 14 incorporated herein by reference as though fully set forth at 15 length. 16 I HEREBY CERTIFY that the foregoing resolution was duly 17 adopted by the Mayor and Common Council of the City of San 18 Bernardino at a meeting thereof, held on 19 the day of , 1986, by the 20 following vote, to wit: 21 22 23 24 25 26 27 28 AYES: NAYS: ABSENT: City Clerk 2 ..... ........ I""..t 1 ,.-.q,. ....) . '., "j The foregoing resolution is hereby approved this , 1986. day 2 of 3 4 5 6 Approved as to form: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~'~~ ? / ./:;d/. ',.> / f<'C/':- City ttorney Mayor of the City of San Bernardino 3 1.... "ECO"DtNG REQUESTED ,Y.... ....... .." ....) AlNO WHIEN IlIlECOROI:O """'L THI. DCIlD AND. UNLES. OTHER WIS. SHOWN ."1.0W. NAIL TAl( STATIE".NTS TO; I I' N.... Acacia Construction. Inc. "-.. 1021 W. Bastanchury Rd.. Suite 100 CITY" Fullerton. California 92633 .....:1'1: ""L .J TilleOrcler No, K,<<:row No. ,) (iBA.NT BEEn SPACE A80VE THIS LINE FOR RECORDER'S USE ; The Ull/ler"ip-nl",1 fledi'll"" that llll~ llul'UIIII~"Iil/'Y lnlll:;(l'r lax is $.. ;111.1 j. o l'Olnfllllcd on Ille full \'alul' of the illlerc"l lit prollt'fly l'OIlH')'('t1. III is o "',mlllllc,l on Ihe full \'01111(' re"" Ih" \'alue fI( licus or f'IlCUmhral\l'es rt'maininJl: IhNt'Oll ill lilt! lime of "'illl'. TIll' t.1I111. If'lll'lnt'llb III rcalt~. is IUf'alt"d ill o ullin"1'1I'orall"11 ,m'iI. iii f'ity of . San. Bern&rdlno ,11111 Fon A V Al.tJABU; COi\SWEUATIO:\:, (('ceil" "r which is hcrdlY :wknowlrdged. City of San Bernardino, a Municipal Corporation herellr (;nA:\"TIS) In Acacia Construction. Incorporated, a California corporation lhr rolkn,oin~ flt!Sf:rihNI rrill /,n'lK'rly ill 1111' City of San Bernardino eOllnly..r San Bernardino . ~Ial~',,( C;dH..mia: SEE EXHIBIT "A" ntllf!IL_~_,__. '_____. _ .'__.. __,_ __~__. O' __'''__ --. - -.. -..---- --, _._._-~ - -...- STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS On , before me, a Notary Public in and for said County and State, personally appeared and known to me to be the Mayor and C fty C 1 erk respectively of the CIty of San Bernardino, the municipal corporation that executed the within instrument and acknowledged to me that they executed the same on behalf of the municipal corporation. WITNESS ~ hand and official seal. r Notary Pub! ic in and for said County and State EXH:'""'" II ,. \.." ",.-, ,..-, v "-, ...) '-' EXHIBIT "A" That portion of a 10-foot strip of land described In the deed to the City of San Bernardino recorded In Book 860, Page 374 of Deeds. In the office of the County Recorder of San Bernardino County, State of California, bounded on the East by a line that Is parallel with and distant Westerly, 40.00 feet, measured at right angles, from the East line of Section 17, unsurveyed, Township 1 North, Range 8 West, San Bernardino Base and Meridian, being a portion of the Muscuplabe Rancho defined by extending United States Sectional lines across said Rancho as per plat recorded In Book 7 of maps, Page 23, records of said County, and lying Easterly of the following described line: Beginning at the Intersection of the Southwesterly line of said land described In deed recorded In Book 860, Page 374 of Deeds, said South line having a bearing of N 55000'38" W, with the West line of Sun Valley Drive, 60 feet wide, as 'shown on Tract No. 11745, as per map recorded In Book 175, Pages 70-, 71 a.nd 72 of Maps, In said offtce Q-f the County Recorder of said County, said point of Intersection being the beginning of a non tangent curve, concave Easterly and having a radius of 130.00 feet, a radial to said point of Intersec- tion bears S 89026'45" Wi thence Northerly along said curve through a central angle of 50 15'08" an arc length of 11.92 feet to the Northeasterly line of said land described In deed recorded In Book 860, Page 374 of deeds, a radial bearing to said last mentioned point bears N 85018'07" W. RESERVING unto the grantors herein, an easement for water line purposes, over, under arid across that portion of the above described land, lying Easterly of the East line of Little Mountain Drive, 100 feet wide, as shown on Record of Survey recorded In Book 39, Pages 82 and 83 of Records of Surveys, In the office of said County Recorder.