HomeMy WebLinkAbout05.J- Public Works 5.J
I RESOLUTION (ID # 3793) DOC ID: 3793 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Easement
From: Tony Frossard M/CC Meeting Date: 05/18/2015
Prepared by: Ryan Sandoval, (909) 384-
5140
Dept: Public Works Ward(s): 1, 2, 3, 4, 5 & 7
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Acceptance of Quitclaim Deeds from San Bernardino Associated Governments
(SANBAG) for Street and Highway Purposes in Relation to the SbX Bus Rapid Transit
Project. (#3793)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
Several years ago, Omnitrans proposed a project called the "E" Street Corridor sbX Bus
Rapid Transit project. The project consisted of constructing sixteen (16) "rapid bus"
style stations that utilize modern articulated buses for quick boarding along the 15.7
mile route, including 5.4 miles of exclusive center-running bus rapid transit lanes and
10.3 miles of mixed flow lanes within the City of San Bernardino. The project also
included, among other things, installation of transit signal priority applications at select
key intersections to reduce delays and improve bus timing, and four (4) park-and-ride
facilities. In order to complete this work, additional right-of-way was needed for street
improvements and street widening, ADA improvements, bypasses, bus stops and
appurtenant equipment along the sbX route.
In June, 2010, Omnitrans entered into a cooperative agreement with the San
Bernardino County Transportation Commission (SANBAG) for acquisition of portions of
the adjacent properties (...the "alignment properties") along the sbX bus rapid transit
route. Both entities have the authority to acquire interests in real property through
negotiated sales. However, in the event negotiations fail, SANBAG can use its authority
to acquire the property using its power of eminent domain.
In October 2013, the Cooperative Agreement between SANBAG and Omnitrans was
amended and the following was added to the original agreement:
Updated: 5/13/2015 by Georgeann "Gigi" Hanna A Packet Pg. 99
5.J
3793
"Section 1.18 of the Cooperative Agreement is hereby added in its entirety to read as
follows:
1.18 Disposition of Alignment Properties. Some of the interests in the Alignment
Properties have been or will be acquired by negotiated purchase agreements and
some interests have been or will be acquired through SANBAG's exercise of the
power of eminent domain. Upon the recordation of the last Final Order of
Condemnation or the last close of escrow for an Alignment Property, whichever
occurs later, SANBAG shall convey by grant deed, all of its rights, title and
interests in the Alignment Properties to the City of San Bernardino.
Should the City of San Bernardino refuse or otherwise fail to accept the Alignment
Properties on an "as is, where is, with all faults basis" through the execution of a
certificate of acceptance, then SANBAG shall have the option, at its sole discretion,
either (a) to wait for the City of San Bernardino to accept the Alignment Properties, or
(b) to convey by grant deed all of its rights, title and interests in the Alignment
Properties to Omnitrans. In the event SANBAG elects to convey the Alignment
Properties to Omnitrans, then Omnitrans shall accept the Alignment Properties on an
"as is, where is, with all faults basis" by executing a certificate of acceptance within
thirty (30) days of SANBAG's conveying the Alignment Properties to Omnitrans.
Notwithstanding the foregoing, SANBAG shall convey four Alignment Properties,
identified as SANBAG Parcel Nos.B3, B6, B8, and B10, to Omnitrans, rather than to
the City of San Bernardino. Omnitrans shall accept those properties on an "as is,
where is, with all faults basis" by executing a certificate of acceptance within thirty
days of SANBAG's conveyance of those properties to Omnitrans."
The City of San Bernardino was not part of this cooperative agreement and had no part
in the amendment approval process. However, since the conveyance of these
easements will be at no cost to the City and all costs for both acquisition and
improvements have been paid for by Omnitrans, the City Engineer has no issue with
acceptance of these easements.
The City currently has existing easements for rights-of-way over the streets along the
sbX route; therefore, additional rights-of-way should also be dedicated to the City in
conformance with the existing deeds. The language included in the amended
agreement required the City to accept the properties on an "as is, where is, with all
faults" basis. This delayed processing of the quitclaim deeds until the City could verify
the work to be complete and in conformance with the approved plans.
The City Inspection staff created a "punch list" of construction items requiring repair
and/or replacement by Omnitrans before acceptance of the improvements within the
"alignment properties". This work has now been completed, and the City Engineer has
agreed to accept the rights-of-way as dedicated.
For ease of processing, staff has prepared eight (8) separate quitclaim deeds from
SANBAG to the City for all easements acquired by SANBAG. Copies of all recorded
easement documents are attached to the quitclaim deeds as Exhibits.
Updated: 5/13/2015 by Georgeann "Gigi" Hanna A Packet Pg. 100
5.J
3793
The attached resolution authorizes the City Clerk to accept the quitclaim deeds from
SANBAG. After acceptance, these deeds will be recorded with the County Recorder
and all improvements within these easement will become the maintenance responsibility
of the City.
City Attorney Review:
Supporting Documents:
Omnitrans sbX Route Map 1 (PDF)
Omnitrans sbX Route Map 2 (PDF)
Omnitrans sbX Route Map 3 (PDF)
Resolution (DOC)
Attachment "1" - Set 1 [A16 - B118] (PDF)
Attachment "1" - Set 2 [13120 - B2431 (PDF)
Attachment "1" - Set 3 [13245 - C6] (PDF)
Attachment "1" - Set 4 [C7 - C15] (PDF)
Attachment "1" - Set 5 [C16 - C26] (PDF)
Attachment "1" - Set 6 [C27 - C571 (PDF)
Attachment "1" - Set 7 [C42 - C67] (PDF)
Attachment "1" - Set 8 [C62 - C801 (PDF)
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Updated: 5/13/2015 by Georgeann "Gigi" Hanna A Packet Pg. 101
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF QUITCLAIM
3 DEEDS FROM SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG)
4 FOR STREET AND HIGHWAY PURPOSES IN RELATION TO THE SBX BUS
RAPID TRANSIT PROJECT.
5 "
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: X
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SECTION 1. The City Clerk is hereby authorized and directed to accept on behalf of °
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the City, eight (8) Quitclaim Deeds for street and highway purposes from San Bernardino m
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Associated Governments, a public agency existing under the laws of the State of California N
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11 ("SANBAG"), acting as the San Bernardino County Transportation Commission, a public
12 agency existing under the laws of the State of California, copies of which are attached hereto
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13 collectively as Attachment "1" and made a part hereof, relative to the sbX Bus Rapid Transit
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SECTION 2. The City Clerk is hereby directed to file, or cause to be filed, executed
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17 and notarized copies of said quitclaim deeds with the County Recorder of San Bernardino
18 County. _
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1
OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF QUITCLAIM
2 DEEDS FROM SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG)
FOR STREET AND HIGHWAY PURPOSES IN RELATION TO THE SBX BUS
3 RAPID TRANSIT PROJECT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting thereof, 0
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held on the day of , 2015,by the following vote,to wit: N
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ N
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14 NICKEL C�
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15 JOHNSON
16 MULVIHILL
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Georgeann Hanna, City Clerk
20 The foregoing resolution is hereby approved this day of , 2015. c
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R. CAREY DAVIS, Mayor
23 City of San Bernardino E
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25 Approved as to form
26 GARY D. SAENZ, City Attorney
27 By:
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Packet Pg. 106
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3 Attachment "1"
4 Eight (8) Quitclaim Documents
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Packet Pg. 107
RECORDING REQUESTED BY:
SANBAG
0 1170 West 3`d Street,2°d Floor
San Bernardino,CA 92410-1715
WHEN RECORDED MAIL TO:
CITY OF SAN BERNARDINO
300 N.D STREET,3"FLR
SAN BERNARDINO,CA 92418
EXEMPT FROM REC.FEES PER d,
GOVT.CODE§27383
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APN(s): See Exhibit"P' X
QUITCLAIM DEED EXEMPT FROM DOC,.TRANSFER TAX PER U)
sbX Parcel#A16—B118 REV.&TAX CODE§11922 O
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I FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN Q
BERNARDINO ASSOCIATED GOVERNMENTS, a public agency existing under the Iaws of the 0)
State of California ("SANBAG"), acting as the San Bernardino County Transportation o
Commission, a public agency existing under the laws of the State of California ("Grantor"), does N
hereby REMISE, RELEASE and forever QUITCLAIM to the CITY OF SAN BERNARDINO, a
California Municipal Corporation ("Grantee'), all of the right, title, and interest in the permanent o
easement(s) located in the City of San Bernardino, County of San Bernardino, State of California, as E
identified in those certain recorded instrument(s) listed in Exhibit 111", and further described as a
permanent easement in a copy of said instrument(s) as Exhibit(s) "211, "F, "4", "5", "6", "7", "8", "9" S
and "10", respectively, attached hereto and incorporated herein by this reference. Prior to the execution
and recording of this Quitclaim Deed, the permanent easements were in favor of Grantor pursuant to those
certain instrument(s) dated and recorded in the Official Records of San Bernardino County, California as W
indicated on Exhibit "I". Notwithstanding anything contained in this instrument to the contrary, to the a
extent that the(any) instrument identified in Exhibit(s) "2"through"10"include(s) a temporary easement M
(such as and including without limitation, for example, a temporary construction easement), this
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instrument does not include the same and, therefore, there shall be no transfer, assignment, set over,
conveyance, grant or quitclaim of such temporary easement(s) or any interest therein by, under or m
pursuant to this Quitclaim Deed.
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Any facilities located within the property (properties) described as a permanent easement in the r
recorded instrument(s) attached hereto as Exhibit(s) "2" through "10", are being left in place in an "as is, in
where is, with all faults" condition. Grantee acknowledges and agrees that Grantor is conveying all right,
title and interest in and to the herein-described real property on an "as is, where is, with all faults" basis.
And Grantee further acknowledges and agrees that Grantor does not warranty the condition of the a
facilities and does not guarantee their fitness for any purpose. _
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IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth Q
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Dated: GRANTOR:
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SAN BERNARDINO ASSOCIATED GOVERNMENTS a
acting as the San Bernardino County Transportation
Commission
Packet Pg. 108
NOTARY ACKNOWLEDGEMENT:
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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STATE OF CALIFORNIA ('
COUNTY OF ) S.S. M
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before me, 0
Notary Public,personally appeared m
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) istare subscribed to the within instrumeni a
and acknowledged to me that he/she/they executed the same in his/her/lheir authorized capacity(ies), and that by his/her/their N
signature(s)on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. E
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1 certify under PENALTY Or PERJURY under the laws of the State of California the foregoing paragraph is true and correct, �
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WITNESS my hand anal official seal. o
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ACCEPTANCE
0 This is to certify that the interest in the 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.
CITY OF SAN BERNARDINO
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EXHIBIT 6'1"
PARCEL/DOCUMENT LISTING
Exhibit sbX Parcel Description■ . .• Document
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Number o
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0266-601-01,02 a
2 A16 & 1660 Kendall Dr. 2012-0063840 Final Order M
0266-611-01 San Bernardino,CA 92407 L-
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4-
1050 Kendall Dr. 0
3 A26 0151-202-12 2011-0533216 Final Order a
San Bernardino CA 92407 m
4 A53 0266-183-01 1395 Kendall Dr. 2011-0360105 Final Order Cn
San Bernardino,CA 92407 E
487 W. Highland Ave. °
5 B24 0145-031-27 2012-0080414 Final Order `�
San Bernardino CA 92405
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6 B25 0140-042-34 505 W Baseline St. 2011-0338174 Easement Deed o
San Bernardino CA 92410 E
7 B84 0140-211-01 885 N E Street 2011-0395301 Final Order
San Bernardino, CA 92410
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8 B97 0134-023-57 600 N E Street,San 2011-0413778 Easement Deed
Bernardino, CA 92401 n
501 N. E.Street,San
.. 9 8114 0134-081-1$ 2011-0484523 Final Order
Bernardino,CA 92401
Southeastern corner of N. E
10 B116& 118 0134-141-35 St.&5th St. 2012-0063841 Final Order
San Bernardino, CA 92408
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