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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 29, 2001
Subject: Resolution Accepting A
Quitclaim Deed from the Santa Ana
Watershed Project Authority for Real
Property and Structures and
Improvements at the Rapid Infiltration
Extraction Project (RIX) Site,
From: Bernard C. Kersey, General
Manager
Dept: Water Department
Synopsis of Previous Council Action:
NONE
Recommended Motion:
ADOPT RESOLUTION
Signature
Contact person: Bernard C Kersey
Phone: (909) 384-5091
Supporting data attached: Yes
Ward: None
FUNDING REQUIREMENTS: Amount: NA
Source: (Acct. No,) NA
(Acct, Description)
Finance:
Council Notes:
Agenda Item No, ~S'
~/J.D/o,
--..1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
A Resolution of the Mayor and Common Council of the City of San Bernardino accepting a
Quitclaim Deed from the Santa Ana Watershed Project Authority for an undivided 80% interest
as tenants in common for real property in the City of Colton, County of San Bernardino,
including all structures and improvements of whatever kind and nature situated on the real
property, and dedicating the property and improvements for Water Department use,
Background:
The City of San Bernardino, by and through the Board of Water Commissioners and the City of
Colton, jointly developed an advanced water reclamation facility known as the Rapid Infiltration
Extraction (RIX) Project through the Santa Ana Watershed Project Authority (SAWPA), The
development of the project was necessary for both cities to comply with cease and desist orders
from the Santa Ana Regional Water Quality Control Board for advanced wastewater treatment
requirements in order to discharge to the Santa Ana River.
The cities entered into agreements with SA WP A to serve as the cities lead agency for all phases
of the project development including land acquisition, construction, securing low interest loans
from the State Water Resources Control Board, and construction of all facilities. Subsequent to
the completion of the project, SA WP A was to transfer ownership of all land and improvements,
and assign the loans from the State Water Resources Control Board to San Bernardino and
Colton.
The City of San Bernardino has an eighty percent (80%) undivided interest in the real property
that was acquired for the RIX project. The real property is located in the City of Colton east of
Riverside Avenue and south of Agua Mansa Road. There were 127.28 acres acquired at the RIX
site. Thirty-five (35) acres are for development of additional treatment capacity for the RIX
proj ect,
Final transfer of the property was delayed pending an exchange of properties at the site with the
San Bernardino County Flood Control District that was accomplished in October 2000.
Financial Imoact:
None
Recommendation:
Adopt the resolution accepting a Quitclaim Deed from the Santa Ana Watershed Project
Authority for all real property and all structures and improvements at the RIX site and dedicate
for Water Department use.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO ACCEPTING A QUITCLAIM DEED FROM THE SANTA AN
WATERSHED PROJECT AUTHORITY FOR AN UNDIVIDED 80% INTEREST AS
TENANTS IN COMMON FOR REAL PROPERTY IN THE CITY OF COLTON,
COUNTY OF SAN BERNARDINO, INCLUDING ALL STRUCTURES AN
IMPROVEMENTS OF WHATEVER KIND AND NATURE SITUATED ON THE
PROPERTY, AND DEDICATING THE PROPERTY AND IMPROVEMENTS FOR WATE
DEPARTMENT USE.
9
WHEREAS, the cities of San Bernardino and Colton hav
10
jointly developed the Rapid Infiltration Extraction (RIX)
Project on property located within the City of Colton throug
agreements with the Santa Ana Watershed Project Authority; and
11 WHEREAS, the Santa Ana Watershed Project Authority has
12 fulfilled all of its duties and obligations pursuant t
13 agreements with the cities of San Bernardino and Colton for th
14 development of the RIX project; and
15 WHEREAS, the cities have agreed to share ownership interest
16 in the project wherein the City of San Bernardino has a
17 undivided 80% interest and the City of Colton an undivided 20%
18 interest, as tenants in corrunon, to the real property and all
19 structures and improvements of whatever kind or nature situate
20 on the real property acquired for the RIX Project, all in th
21 City of Colton; and
22 WHEREAS, the Santa Ana Watershed Project Authority is
23 desirous to transfer the property acquired on behalf of th
24 cities as indicated in the Quitclaim Deed, a copy of which
27
25 attached hereto, marked Exhibit "1", and incorporated herein b
26 reference as though fully set forth at length herein.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO
28
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
-
~I
('-
,,.,
ACCEPTING A QUITCLAIM DEED FROM THE SANTA ANA Wl\TERSIlED PROJECT AUTHORITY FOR
UNDIVIDED 80% INTEREST AS TENANTS IN COMMON FOR REAL PROPERTY IN TIlE CITY OF COLTON,
INCLUDING ALL STRUCTURES AND IMPROVEMENTS OF WHATEVER KIND AND NATURE SITUATED ON TH
REAL PROPERTY, AND DEDICATING THE PROPERTY AND IMPROVEMENTS FOR Wl\TER DEPARTMENT USE
1
That the Mayor and Common Council hereby accept
2 Quitclaim Deed from the Santa Ana Watershed Proj ect Authori t
3 set forth in Exhibit "1" and that said real property
4 improvements are dedicated for Water Department use
5 purposes.
I HEREBY CERTIFY that the foregoing Resolution was
6
7 adopted by the Mayor and Common Council of the City of
8
Bernardino at a
meeting thereof, held on the
9
, 2001, by the following vote, to wit:
10 Council Members:
AYES
ABSTAIN
ABSENT
NAYS
11 ESTRADA
12 LIEN
('- 13 MCGINNIS
,,..,.
('-
,~
14 SCHNETZ
15 SUAREZ
16 ANDERSON
17 MCCAMMACK
18
19
Rachel G. Clark, Clty Clerk
The foregoing resolution is hereby approved this
20
21
day of
, 2001.
22
Judith Valles, Mayor
City of San Bernardino
23
24
Approved as to form
and legal content:
25
JAMES F. PENMAN,
26 City Attorney
27
By: L 7-. f~
o .
2
-
28
-,I
RECORDING REQUESTED BY
SANTA ANA WATERSHED PROJECT
AUTHORITY
EXHIBIT -1-
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE
SHOWN BELOW, MAll TAX STATEMENT TO:
Nome
SAN BERNARDINO WATER
DEP ARTMENT
ATTEN: B. KERSEY
300 North "D" Street
San Bernardino, CA 92401
Street
Address
City &
Slale
Zip
Title Order No.
Escrow No.
GTe , -, 03 (8-93)
Quitclaim Deed
SPACE ABOVE THIS LINE fOR RECORDER'S USE
NO RECORDING FEE REQUIRED
PER GOVERNMENT CODE 27383
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $ A
D _ unincorporated area D City of Colton
Parcel No.
D computed on full value of property conveyed, or
D computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SANTA ANA WATERSHED PROJECT AUTHORITY
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
CITY OF SAN BERNARDINO, an undivided 80% interest and to the
CITY OF COLTON, an undivided 20% interest, as tenants in common
the following described real property in the
counly of San Bernardino
City of Colton
, state of California:
See Exhibits "A" (legal description) and "B" (map).
This conveyance includes all structures and improvements of
whatever kind and nature situated on the within-described
real property.
Dated Ar/ /~I ZOu 0
STATE OF CALIFORNIA - ~l ~
COUNTY OF --:p... Iv e r s. \ =--=- } 8.S.
On Auc:r"'-~+ lO I 2000 before me,
v->~V\ c:\..-y h.::> ..,t...
a NotaryJ'ublic in and~or said County and Staw, pe;;sonally appea~
~\r,i\,'t' :Sasef'''' f,,;;!...,.....d~-+o.~+
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the personOO whose name(pf~ subscribed to the
within instrument and acknowledged to me'tBrlf~~uted
the same i~ authorized~.,.r. and that nl)8ir
signature(J'J on the instrument the person"'. or the entity upon behalf
of which lhe person~ acted. executed the instrument.
WtTNESS my hand and fficial seal ~
.....--
r~ OFACIALSEAL 1
_ WENDY FOX
11! NOTARY PUBUC-CAUFORNIA ~
COMM. NO. 1270129 -
. RIVERSIDE COUNl'f
I MYCOMM. EXP,JULY8, 2004 J
Signature
(This area IOf offICial notorial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
I
. PSOMAS
EXHIBIT A
LEGAL DESCRIPTION
2
3 In the City of Colton, County of San Bernardino, State of California, being those portions of lots 27,
4 29Y2, 30, 31, 32 and 39 of the Bandini Donation, as shown on a map filed in book 3, page 24, of
5 Maps and as shown on a map filed in book 100, pages 24 and 25 of Records of Survey, together
6 with that certain land described in a deed recorded April 26, 1996 as Doc, No. 19960146639,
7 Official Records, all of the records of said County, described as follows:
8
9 Beginning at the most westerly comer of said Lot 32, said lot being shown on the map filed in
10 book 104, pages 67 and 68, inclusive, of Records of Survey, records of said County Recorder;
11 thence along the northwesterly line of said Lot 32 the following four (4) courses:
12 (1) North 63040'24" East 289,01 feet;
13 (2) North 49029'50" East 145,OSfeet;
14 (3) North 45000'40" East 340,09 feet;
15 (4) North 00054'00" East 77.30 feet to the most westerly corner of said Lot 31, as shown on said
16 map; thence leaving said northwesterly line of said Lot 32 along the northwesterly line of said
17 Lot 31 the following three (3) courses:
18 (1) North 08057'11" East 165,36 feet;
19 (2) North 14013'48" East 101.17 feet;
20 (3) North 42031'00" East 193,09 feet to the most westerly comer of said Lot 29 Y2 as shown on said
21 map; thence leaving said northwesterly line of said Lot 31 along the northwesterly line of said
22 Lot 29 Y2 the following four (4) courses:
23 (1) North 38001'25" East 81.25 feet;
24 (2) North 47"00'20" East 545.46 feet;
25 (3) North 32001 '30" East 283,65 feet;
26 (4) North 34031 '32" East 159,07 feet to the most westerly comer of said Lot 27 as shown on said
27 map; thence leaving said northwesterly line of said Lot 29 Y2 along the northwesterly line of said
28 Lot 27, North 48000'08" East 274.12 feet to the most northerly corner thereof; thence along the
29 northeasterly and easterly lines of said Lot 27 the following two (2) courses:
30 (1) South 35058'31" East 1257,11 feet;
1 of3
P:lSurveys\2san2601oo\reportsUegal.doc 12114100 2:32 PM
11_
PSOMAS
I (2) South 00001'29" West 438.80 feet to a point on the westerly line of the Santa Ana River as
2 described in the Lot Line Adjustment recorded on July 7,1995 as Document No, 19950251489
3 of Official Records of said County, said poinl being the beginning of a non-tangent curve
4 concave westerly having a radius of 150.00 feet, a radial line from said beginning bears
5 South 60033'39" West;
6 thence along said westerly line the following courses:
7 southeasterly and southerly 122,56 feet along said curve through a central angle of 46048'50";
8 South lr22'29" West 1316,71 feel to a point on the northeasterly line of said Lot 39, said poinl
9 also being the northeasterly line of the land described in a document recorded on June 20, 1990, as
10 Instrument No, 90-279359 of Official Records of said County, said point being 216,68 feet
II northwesterly along said northeasterly line from the most easterly comer thereof; thence leaving
12 said northwesterly line, Soudi 41019'27" East 216,68 feet along said northeasterly line to the most
13 easterly corner of said Lot 39; thence along the easterly line of said Lot 39 South 16025'53" West
14 427.35 feet to a point on the southeasterly prolongation of the southwesterly line of said Lot 32;
15 thence North 52043'31" West 225,69 feet along said prolongation to a point on the westerly line of
16 the land conveyed to the San Bernardino County Flood Control District, in a deed dated October 9,
17 1962, recorded in book 5781, page 131, of Official Records of said County and being the most
18 easterly corner of the land described in the deed to the Santa Ana Watershed Project Authority
19 dated April 26, 1996, recorded as Document No, 19960146639 of Official Records of said County;
20 thence along said westerly line and the easterly line of said Santa Ana Watershed Project Authority
21 land the following three (3) courses:
22 (I) South I r22'29" West 923,09 feet to a curve concave northwesterly having a radius of
23 4475.00 feet;
24 (2) southwesterly 1373.1 0 feet along said curve through a central angle of I r34'50";
25 (3) South 34057'19" West 1923.55 feet to a point being distant 704.51 feel along said westerly line
26 from the northeasterly line of Riverside A venue as conveyed in the deed to the County of San
27 Bernardino, dated March 9, 1976, recorded in book 8879, page 923 of Official Records of said
28 Counly; thence leaving said westerly line, North 54057'41" West 267,06 feet; thence
29 . North 32012'37" East 2757,26 feet; thence North 18042'15" East 410.16 feet; thence
20f3
F:\Surveys\2san260Ioo\reportsUegal.doc 12114100 2:32 PM
,I
PSOMAS
1 North 03026'51" West 465.88 feet; thence North 20001 '49" East 605,84 feet to a line that is parallel
2 with and 75,00 feet southwesterly of the southeasterly prolongation of the southwesterly line of said
3 Lot 32; thence along said parallel line the following two (2) courses:
4 (1) North 52043'31" West 1060,24 feet;
5 (2) North 58045'01" West 774,62 feet to the northwesterly line of said lot 39;
6 thence leaving said parallel line along said northwesterly line North 48049'50"Easl 78.67 feet
7 to the southwesterly line of said lot 32; thence along said southwesterly line North 58045'01" West
8 24,00 feet to the Point of Beginning,
9
10 Excepting therefrom that certain land of the San Bernardino Flood Control District, as described in
11 Superior Court "Final Order of Condemnation No, 151330" dated November 18, 1970, recorded in
12 book 7556, pages 795 through 799 inclusive, Official Records of said County, and as shown on the
13 Lot Line Adjustment daled July 21, 1995 recorded as Document. No, 19950251490, of Official
14 Records of said County and also as shown on the quitclaim recorded October 31,2000 as
15 Instrument No, 20000396997, of Official Records of said Counly.
16
17 Also excepting therefrom that certain land granted to lhe San Bernardino County Flood Control
18 District per grant deed recorded October 31, 2000 as Instrument No, 2??oo396999 of Official
19 Records of said County.
20
21 As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
22
23 Based upon record information per M,B. 2-40 and M.B. 3-24, lots 27, 29V2, 30, 31 and 32 do not
24 close mathematically by significant amounts, These errors of closure cannot be isolated to any
25 particular common lot lines,
26
27
30f3
28 Prepared under my supervision:
29
30
31
U~4~
/~~I4.ttJ
Walter A. Sheek, P.L.S. 4838
Date
F:'Surveys\2san260100\repons~egal.doc 12114/00 2:32 PM
:1
EXHIBIT B
SEE
APN 260- 81-13
APN 0260-081-12
CURVE
Cl
C2
CURVE TABLE
LENGTH RADIUS
115.81 950.00
101.18 1085.00
Delta
06'59'05"
05'20'36"
APN 0260-081-14
~
,
( APN
500
I
250
,
GRAPHIC
o
,
SCALE: \'=500'
R= 150.00'
L=122.56'
6.=46"48'50"
Iff
O?Q:'
~O
<{"o, .,
~~ "
,,-
0~
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:.:J!?!
APN 0260-081 I I
;x-- INST.NO.
Iii) 20000396999, D.R.
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UNE TABLE
LINE LENGTH SEARING
U 289.Q1 N6.3'40'Z4"E
L2 145.05 N49'29'50~E
SCALE:l"-250' L3 77.30 NOO"S4'OQ"E
L4 165.36 NOS'S7'11"E
L5 101.17 N14'lj'4S"E
L6 193.09 N4Z'.3"OO"[
L7 81.25 N.3S'O,'25"E
L8 283.65 N3Z"Ol '30~E
L9 159.07 N34'31'3Z"E
:!! UO 274.12 N4S'OO'Oe"[
~ ;; Lll 438.80 SOO'O"29''w
5 L12 23,4" N41"19'27"w
~ U5 267.06 N54"S7'4'''W
ff ~ L16 410.16 N1S'42'15"E
'" U7 465.88 N03'Z6'Sl""W
t' 0
!j U8 78.67' N4S'49'SO"E
LI9 24.00' N5S'45'O,"W
P L20 SOO.41 N3S'Se'31"W
::> L21 29,00 SS4'Ol'29"W
.J L22 93.46 N4e'00'OS"E
~ L23 13e,11 N4e'OO'OS"E
~'" L24 211.06 SOO'01'29"W
> L25 170.13 SOO'01'29"w
if L26 99.S9 N3S'Se'31"W
'"
L27 42.55 N4S'OO'Oe"E
L28 57.6' SOO'OI'29"W
PSOMAS
SCALE 1'..500'
DRAFTED RAT/CHL
CHECKED WAS
OATE OECEI.lBER 14, 2000
J08
NUMBER 2SAN260100
OESCRIPTlON:
........-
~.
__01_
"~"'_'iI"","'I_
--",I
STATE OF CALIFORNIA
ss
COUNTY OF SAN BERNARDINO
CERTIFICATE OF ACCEPTANCE
(Quitclaim Deed)
This is to certify that the interest in real property conveyed
by the within instrument to the City of San Bernardino,
California, a municipal corporation, is hereby accepted by order
of the City Council, and grantee consents to the recordation
thereof by its duly authorized officer.
Colton, California
CITY OF SAN BERNARDINO
A MUNICIPAL CORPORATION
Dated:
By:
Rachel G. Clark, City Clerk
:1
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-- --<<".,
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
B. WARREN COCKE
President
.~~ "=~, r'::lD'''\fliC;[Q)
Belt", j D) G; (0 J; j I.:!J ~ D
"1tfll MfR' ~ ZCD1
....
z
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BERNARD C. KERSEY
General Manager
BOARD OF WATER COMMISSIONERS
Commissioners
JUDITH W. BATTEY
TONI CALLICOTT
MARTIN A. MATICH
NORINE 1. MILLER
.
en y OF ShN [Ei1:')J~.RDlNO
DEVELOF'r\;;'~;':'T S:'=RVICES
[;fPARTME-NT
STACEY R. ALDST ADT
Deputy Gcn('ral M;magcr
w. WILLIAM BRYDEN, r.E
Director, Waler Utility
JOHN A. PERRY, P.E.
Director. Water Reclamation
JOHN P. MURPHY
Director. Administration
and Finance
March 6, 2001
JON K. TURNIPSEED
SafelY Program Manager
Mr. Eldon Horst
Santa Ana Watershed Project Authority
11615 Sterling Avenue
Riverside, California 92503-4979
RE: QUITClAIM DEED
Dear Mr. Horst:
Attached for your records is a conformed copy of'the Quitclaim Deed
from your agency. This represents the transfer of the RIX property,
including all structures and improvements situated on the property
from the Santa Ana Watershed Project Authority to the City of San
Bernardino (80%) and the City of Colton (20%).
The deed was
20010070428.
recorded on
This concludes
February 27, 2001 as Document
this segment of the transfer.
No.
If you have any questions, please contact me at (909) 384-5091.
Sincerely,
(!!f::r
Manager
mka
Enclosure
cc: Gordon Magnuson, Consultant
David Wysocki, Aklufi & Wysocki
Rex Myers, City of Colton
Teresa Delgado, Colton City Clerk's Office (Certified Copy)
John Perry, San Bernardino Municipal Water Department
John Murphy, San Bernardino Municipal Water Department
Stacey Aldstadt, San Bernardino Municipal Water Department
(with complete file-Original Deed to follow for file)
Les Fogassy, City of San Bernardino Real Property Division
(w/full-size map)
300 North '"D'" Street, San Bernardino. California 924\ R P,O. Box 710.92402 Phone: (909) 3R4-5\41
r ACSIMILE NUMBERS: Administration: (909) JS4-5~ 15 Fn!!illl'l'ring: (901l) 3X4-S532 Customer $\:rvicl': (909) 3X4-7211
Cnrporale Yank (l)()lj) \x.l-:'i2()(1 \\-,11('1 I{l'clitl11i1lj"n Plant: (9()l)l_\X4-52":>:
Michelle Taylor, City Clerk
3-15-01
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,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 'L.-"Z.O~\ Item# "2S
Vote: Ayes \-, Nays-er
Change to motion to amend original documents:
Resolution # 200 \ --<\ k'
Abstain ..e---. Absent-e
See Attached:
~-,---
seeAtta~
Reso. # On Attachments: -=--
Contract term:
-
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
Date Sent to Mayor: "2-21-61
Date of Mayor's Signature: L.. - zz,-a I
Date ofClerklCDC Signature: L-2?>-\', \
Date MemolLetterSeiirlbrSigllatur~~
-.-----. -
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
--~-~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,,,,./
Parks & Rec,
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
?, C&llfitD
Null/Void After:
See Attached: -=
Reso. Log Updated: ./
Seal Impressed: V"
Date Returned:
Yes ./ No By
Yes No ./ By
Yes No ~ By
Yes No-L By
Yes No ./ By
-
EDA
./
Finance
MIS
Others:
c()!'(~ ,,0"R.lSSn -r ()~\'). aI,,,,, "",,.,, Oer::n S""" "" n'\AJ1T'-1 ~/o..)
I '
2-23-0t
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: -'YU-
Date: ""2.-7h:9,