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CITY OF SAN BER~ '\RDINO - REQUEST r-'R COUNCIL ACTION
From:
Bernard C. Kersey, Deputy City Clerk &
Ex-Officio Secretary
Board of Water Commissioners
Subject: QUITCLAIM DEED-THREE COUNTY PROPERTIES, LTr:
FOR PIPELiNE EASEMENTS AND RIGHT-OF-WAY
APN 261-141-004
Dept:
Date:
June 27, 1988
~?
9
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Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION
Contact person:
RFRNARn r. KFRSFY
Phone:
384-5393
FUNDING REQUIREMENTS:
Amount:
-0-
Sou rce:
5
N/A
Supporting data attached:
YES
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No. ~ (
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
. .
First American Title has requested that the City of San
Bernardino quitclaim the easement rights for pipelines and
conduits originally reserved by Irvington Land and Water
Company in 1886 for the west 1/2 of the north 1/2 of Block
70, according to plat of the town of Irvington, and the land
of Irvington Land and Water Company, excepting therefrom all
that portion of Lot 1, Block 7 (copy of map attached). The
parcel of land is located on Belmont Street, east of Magnolia
Avenue and consists of 8.145 acres (Assessors Parcel No. 261-
141-004) .
The City of San Bernardino, by and through its Board of Water
Commissioners, is the successor in interest to the reserva-
tion of easements when the stock of San Bernardino Water
Utilities was acquired and subsequently condemned through
eminent domain.
The Water Department has no facilities within the easements
on this parcel of land and no known future requirements that
would require the use of the blanket easement.
The request for quitclaiming the easement was approved by the
Board of Water Commissioners at their regular meeting held
May 17, 1988 and authorization given to the Secretary to
submit to the Mayor and Common Council for approval.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN
BERNARDINO, APPROVING A QUITCLAIM DEED TO THREE COUNTY PROPER-
TIES, LTD. FOR THE EASEMENT RIGHTS FOR PIPELINES AND RIGHT-OF-
WAYS INSOFAR AS SAID EASEMENTS AFFECT ASSESSORS PARCEL NUMBER
261-141-004.
WHEREAS, the City of San Bernardino acquired easements for
pipeline purposes as successor-in-interest to Irvington Land and
Water Company through the acquisition of the San Bernardino
Water Utilities Corporation; and
WHEREAS, the Water Department has no facilities in nor are
there any plans to place facilities in said easements insofar as
they affect Assessors Parcel Number 261-141-004.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the various agreements, conditions and
reservations as to water and rights-of-way and easements of
undisclosed route and width as set forth in the deed from
Irvington Land and Water Company recorded June 4, 1886, in Book
47, Page 29 of .Deeds be quitclaimed to the current owners of the
property, Three County Properties, LTD., a limited partnership,
to the end that such rights affecting the real property set
forth in Exhibit nAn which is attached hereto and incorporated
herein as though set forth at length.
SECTION 2.
That the Mayor and Common Council be authorized
to execute the Quitclaim Deed for the City of San Bernardino, a
copy of which is attached hereto and marked Exhibit nAn.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
6-27-88
APPROVING QU1LvLAIM DEED TO THREE COUNTY PROPhnLIES, LTD.
1 Bernardino at a
___ meeting thereof held on
, 1988 by the following vote
2 the ____day of
3 to wit:
4 AYES: Council Members:
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NAYS:
ABSENT:
SHAUNA CLARK, CITY CLERK
The foregoing Resolution is hereby approved this
day of
, 1988.
EVLYN WILCOX, MAYOR
CITY OF SAN BERNARDINO
APPROVED AS TO FORM
16 AND LEGAL CONTENT:
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6/27/88
-2-
Order No. 913690
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
same as above
DOCUMENTARY TRANSFER T IU( $....fl.!~...................................
...... Computed on the consideration or vallie of property conveyed; OR
...... Computed on the consideration or value less liens or enCllmbrances
remaining at time of sale.
undersigned
------signatur".-ofb.Ci-ara m-o-rA"gen t d .-t-.-"-min"Tr,g-- tax-=--Fi i:rn--N am e -----
EASEMENT
CORPORATION QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN BERNARDINO, as successors in interest
a corporation organized under the laws of the State of
REMISE, RELEASE AND QUITCLAIM to
, does hereby
THREE COUNTY PROPERTIES, LTD., a limited partnership
the real property in the City of
County of San Bernardino . State of California, described as
The easement rights for pipe lines and rights of ways as acquired
by of created in favor of the City of San Bernardino, by reservations
recorded in Book 47, page 29 of Deeds, June 4, 1886, in the office
of the County Recorder of said county, to the end that such rights
will become merged in the fee ownership of said real property and
thereby extinguished inso far as said easement affects the follow-
ing described property:
SEE EXHIBIT "An ATTACHED HERETO AND MADE A PART HEREOF
Dated
ApL'il 21, 1988
CITY OF SAN BERNARDINO, a
-c-aTifornia corporation
I
STATE OF CALIF~NIA B d' lsa.
COUNTY OF __~_I}___erJlarJnQ......1
0"-___
before me,
By_______________________
President
Ihe undersigned, a Notary Public in and for said Slalo, personally appear'
ed.
By
Secretary
ancL
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument as
Presidenl and
~_Secrotary,
on behalf of
the corporation therein named, and acknowledged to me that such cor-
poration executed ttle within instrument pursuant to Its by-laws or a
resolution of its board of directors.
WITN ESS my hand and oHicial seal.
(This drea for official notarial $811)
Signalure
16/1l2\
EXHIBIT -A-
THE WEST 1/2 OF THE FOLLOWING DESCRIBED PROPE~TY:
THE NORTH 1/2 OF BLOCK 70, ACCORDING TO PLAT OF THE TOWN OF
IRVINGTO~. A~D .HE LAND OF :~VINGTON LAND ANC WATER COMPANY,
IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS P~R
PLAT RECC;:EJ ir. 300~ 3 OF MAPS, PAGE 9, RECC~DS O~ SAiD COUNTY.
EXCEPTING THEREFROM ALL THAT PORTION OF LOT 1, B~OCK 7, ACCORDING
70 PLAT OF THE TOWN OF IRV!NGTON AND THE LA~~ OF IRVINGTON LAND
AND WATER COMPANY, AS PER PLAT RECORDED IN BOOK 3 O~ MAPS, PAGE
9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT TNE INTERSECTION OF THE CENTE~ lINE OF MAGNOLIA
AVENUE AND BELMONT AVENUE, AS SHOWN ON THE MA? OF SAID TRACT;
THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF BELMONT AVENUE
228.00 FEET; THENCE SOUTHWESTERLY, PARALLEL TO THE CENTER LINE
OF MAGNOLIA AVENUE, 708.58 FEET TO A POINT ON THE SOUTHWESTERLY
LINE OF THE NORTHEASTERLY 1/2 OF SAID BLOCK 70i THENCE NORTHWESTERLY
ALONG SAID SOUTHWESTERLY LINE OF THE NORTHEASTERLY 1/2 OF BLOCK
70, 228.00 FEET TO A POINT TO THE CENTER LINE OF MAGNOLIA AVENUEi
THENCE NORTHEASTERLY ALONG THE CENTER LINE OF MAGNOLIA AVENUE,
708.68 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS AND KINDRED SUBSTANCES LYING
BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE
ENTRY, AS GRANTED IN THE DEED FROM RURAL LAND CO. TO NATIONAL
RESOURCES EQUITIES CORPORATION, A CALIFORNIA CORPORATION, RECORDED
OCTOBER 20, 1969, IN BOOK 7323, PAGE 356, OFFICIAL RECORDS.
VTCTNITY
MAP
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APN 261-141-004
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QUITCLAIM OF PIPELINE EASEMENT ACROSS
APN 261-141-004 THREE COUNTY PROPERTIES. LTD.
CITY OF SAN BERNARDINO