HomeMy WebLinkAbout23-Public Works
city OF SAN BER~RDINO -
REQUEST CPR COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Subject: Resolution: Vacating and Authorizing tile
Execution of a QUitclaim Deed for a Public
Service Easement for Sewer located North
of Orange Show Road between "E" Street and
Arrowhead Avenue
Dept: Public WorksjEngineering
Date: 10-14-91
Synopsis of Previous Council action:
09-03-91
Authorization to Proceed approved by Mayor and Co..on Council
Recommended motion:
Adopt Resolution
cc: Shauna Clark. City Administrator
Andrew Green. Director of Finance
JllIIles PelUlan. Citv Attornev
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report. Hap. Resolution
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Walles on W. O. 1266
Source: (Acct. No,) 001-302-53157
Acct. Oescri tion ngs
Finance:
Council'Notes:
75.0262
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Agenda Item No
:l~
CITY OF SAN BERORDINO - REQU~ST ())R COUNCIL ACTION
STAFF REPORT
A request was received from Douglas GoodBan of GoodBan and Associates, in behalf
of his client, the Blood Bank of San Bernardino and Riverside Counties, to vacate
and quitclaia the sewer easeaent which runs North and South over the Blood Bank's
property. Previous property owners dedicated the sewer easeaent in April, 1967,
which is located North of Orange Show Road between "E" Street and Arrowhead
Avenue. It is 10 feet wide and runs North approxillately 396 feet, and serves as
a lateral rather than a sewer aain. Originally, the sewer line was to serve
properties lying both to the North and South of the subject property. However,
over the years, Orange Show Road was constructed and the properties which would
have tied into this sewer line and any extension, tied into other sewer lines
closer to their properties. This sewer line still serves only this property.
As the original easeaent was granted to the City only, and only for sewer
purposes, we can therefore suaaarily vacate and quitclaia our interest in the
easeaent to the existing owners of the property without necessitating the entire
vacation procedure for the abandonment of the easeaent under the provisions of
the Streets and Highways code.
The City has no further use for this easement as no additional tie-ins to this
sewer are planned. Staff therefore reco_ends that the Resolution vacating the
easement and authorizing and directing the execution of the Quitclaia Deed, be
adopted.
"
75.0264
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FILE "0.1/6. f30-'311
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CITY OF SAN BERNARDINO
PULle HORKS DEPARTMENT
ENGINEERING DIVISION
REAL PROPE" I Y SECTION
N()/l.T/I J:J()U TH :1EIAJU EJI1JEH.
TO 8_ VAeATEl)-~WN*
CF CIUt/Jh~ .sHOW IeDPtb 8ETkJ
/tRJlC(I)Hs:Ib AVENU~ t "'E. SrR.EE.T
10Jn7/Q1
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO VACATING AND QUITCLAIMING
THAT CERTAIN PUBLIC SERVICE EASEMENT FOR SEWER PURPOSES LOCATED NORm OF
ORANGE SHOW ROAD BETWEEN "E" STREET AND ARROWHEAD AVENUE. IN SAN BERNARDINO.
TO THE OWNERS NOW OF RECORD.
WHEREAS. the City of San Bernardino. by documents recorded April
27. 1967. in Book 6810. Page 711. Official Records of San Bernardino County.
did acquire a Public Service Easement for sewer purposes over a portion of
land generally located North of Orange Show Road between "E" Street and
Arrowhead Avenue; and
WHEREAS. the sewer line lying within the easement has been aban-
doned by the City and is no longer needed for sewer 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
sewer easement.
NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That this sUllDlary vacation of the Public Service Ease-
ment located North of Orange Show Road between "E" Street and Arrowhead
Avenue. is being made under Section 8333 (c). et. seq.. of the Streets and
Highways Code. and is described as follows:
That portion of Lot 45. Block 54. Rancho San Bernardino.
as per plat thereof recorded in Book 7 of Maps. Page 2.
records of the County Recorder of said County. being a
strip of land 10.00 feet wide. lying 5.00 feet on each
side of the following described centerline:
Commencing at the Southwest corner of the property
conveyed to Sidney Kline. et al. as Parcel No.2 in the
Deed recorded September 15. 1966. Document No. 191 in
Book 6696. Page 765. Official Records of said County;
thence North 890 16' 00" East along the South line of
said Parcel No.2. a distance of 255.00 feet to the True
Point of Beginning; thence North 000 08' 37" East. a
distance of 396.75 feet to the Point of Termination.
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10/07/91
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VACATION AND QUITCLAIM DEED:
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SEWER EASEMENT NORTH OF ORANGE SHOW ROAD BETWEEN
"E" STREET AND ~ AVENUE
SECTION 2.
That the Public Service Ease.ent 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 Ease.ent 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, Mrked Exhibit "A", and IIIlde 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 eas~ent.
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.
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10/07/91
a -
VACATION AND QUITCLAIM DEED:
o
SEWER EASEMENT NORTH OF ORANGE SHOW ROAD BETWEEN
"E" STREET AND UAD AVENUE
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day of
, 1991, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
COUNCIL MEMBERS:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
12 POPE-LUDLAM
13 HILLER
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18 The
Rachel Krasney, City Clerk
foregoing resolution is hereby approved this
day
of
, 1991.
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26 James F. Penman,
City Attorney
:~
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
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Ord~O.
ESCVo.
Loan No.
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WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER.S USE
MAIL TAX STATEMENT TO:
DOCUMENTARY TRANSFER TAX' ................... .... ....
d_.. Computed on the consideration or value of property conveyed: OR
Computed on the consideration or value less hens 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.
TIlE CITY OF SAN BERNARDINO. a lIIIIlicipal corporation
do es hereby REMISE. RELEASE AND FOREVER QUITCLAIM to
BLOOD BANK OF SAN BERNARDINO AND RIVERSIDE COUNTIES. a California corporation
the real property in the City of San Bernardino
County of San Bernardino
, State of California. described as
All our right, title and interest in and to a portion of an easeaent for sewer facilities
io, over, under and across a strip of land 10 feet in width, described as follows:
1ba.t portion of Lot 45, Block 54, Rancho San Bernardino, as per plat thereof recorded in
Book 7 of Haps, Page 2, records of the County Recorder of said County, beiog a strip of
land 10.00 feet wide. lying 5.00 feet on each side of the following described centerline:
Co.-ncing at the Southwest corner of the property conveyed to Sidney Kline, et ai, a.s
Parcel No.2 in the Deed recorded SepteJIber 15. 1966. Doclment No. 191 in !look 6696. Page
765. Official Records of said County; thence North 89" 16' 00' East along the South line
of said Parcel No.2, a distance of 255.00 feet to the True Point of Beginning; thence
North 000 08' 37" East. a distance of 396.75 feet to the Point of Teraination.
Da'ed
CITY OF SAN BERNARDINO.
a llUDieiDal con>oration
STATE OF CALIFORNIA
COUNTY OF
On
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lss.
lss.
W. R. BolcOllb, Kayor
before me. the undersigned. a Notary Public in and for said State,
personally appeared
benel lU"4Soey, t;l~y l:lerK
I
personally known to me lor proved to me on the basis of satisfactory
eVIdence) 10 be the personlS) whOSe namels) is/are subscribed to
the within instrument and acknowledged to me that he/she/they
executed tne same.
WITNESS my hand and offiCial seal.
Signature
(Thi. area tor otticial notarlal..an
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1085 IRe-.:. 12'891