HomeMy WebLinkAbout28- Public Works CITY OF SAN BERN RDINO - REQUEST FONR COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution: Authorizing the execution of
a Quitclaim Deed for a ptn. of a Landscape
Dept: . Public Works/Engineering Maintenance Easement - Lot 1, Tract No.
14260, SEC Garfield Ave and Huntington Dr.
Date: 03-09-93
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt Resolution
cc: Shauna Clark, City Administrator
Barbara Pachon, Finance Director a re
James F. Penman, City Attorney
Contact person: Anne DeBo t Phone: 5��
Supporting data attached: Staff Report Map, Resolution Ward: 5
FUNDING REQUIREMENTS: Amount: N/A
Source: Acct. No.
(Acct Description)
Finance:
Council Notes:
Agenda Item No C;2&
75-0262
CITY OF SAN BERN' IDINO - REQUEST FO"'R COUNCIL ACTION
STAFF REPORT
A request was received from Mike and Lucille Barton, owners of Lot 1, Tract No.
14260, in the Verdemont area, to build a garage along their Northerly street side
property line. Due to an ambiguity in the Development Code, Al Boughey, Director
of Planning and Building Services, granted permission to the Bartons to go for-
ward with their plans.
This permission allows the Bartons to build their garage 10.00 feet from their
Northerly property line. However, in order to utilize this street side area, the
Bartons must request that the City vacate 13.00 feet of a 23.00 foot Landscape
Maintenance Easement along the Northerly side of their property.
The easement was granted on the Map of Tract 14260, recorded in Book 236 of Maps,
Pages 22-24, inclusive, and was a condition of development for said tract. The
easement was granted for landscape maintenance purposes in case of owner neglect
only. The easement area to be quitclaimed within said Lot 1 will be used for a
building and so will reduce the amount of landscaping area to be maintained by
the owner.
Staff recommends that the Resolution be adopted and the Quitclaim Deed be
executed.
75-0264
2
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO QUITCLAIMING THAT CERTAIN
LANDSCAPE MAINTENANCE EASEMENT LOCATED GENERALLY SOUTHERLY OF GARFIELD
3 AVENUE AND EASTERLY OF HUNTINGTON DRIVE, IN SAN BERNARDINO, TO MICHAEL D.
4 BARTON AND LUCILLE K. BARTON, HUSBAND AND WIFE AS JOINT TENANTS.
5 WHEREAS, the City of San Bernardino, by Map of Tract 14260,
6 recorded in Book 236 of Maps, Pages 22 through 24, Records of San Bernardino
7 County, did acquire an easement for landscape maintenance purposes over
8 portions of land generally located Southerly of Garfield Avenue and Easterly
9 of Huntington Drive in the City of San Bernardino; and
10 WHEREAS, the portion to be quitclaimed lying within the easement
11 is no longer needed for landscape maintenance purposes; and
12 WHEREAS, the property owners wish to utilize a portion of the land
13 in question within the area encumbered by the landscape maintenance ease-
14 ment.
15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
16 THE CITY OF SAN BERNARDINO AS FOLLOWS:
17 SECTION 1. That the landscape maintenance easement referred to
18 herein and as described in that certain Quitclaim Deed, a copy of which is
19 attached hereto, marked Exhibit "A", is no longer needed for landscape
20 maintenance purposes.
21 SECTION 2. That the said Quitclaim Deed referred to herein, a
22 copy of which is attached hereto, marked exhibit "A", and made a part hereof
23 as fully as though set forth at length herein, is hereby approved.
24 SECTION 3. That the Mayor and City Clerk of the City of San
25 Bernardino are hereby authorized and directed to execute said Quitclaim Deed
26 on behalf of the City of San Bernardino.
27
28
)3/09/93 1
QUITCLAIM DEED: LANDSCAPE MAINTENANCE EASEMENT - SOUTHERLY OF GARFIELD AVE.
AND EASTERLY OF HUNTINGTON DR.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof held on the day of
4 1993, by the following vote, to-wit:
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
14
15
Rachel Clark, City Clerk
16
17
18 The foregoing resolution is hereby approved this day
19 of 1993.
20
21
W. R. Holcomb, Mayor
22 City of San Bernardino
23
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
27
28 By:
03/09/93 2
Order No.
Escrow No.
_oan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENT TO: DOCUMENTARY TRANSFER TAX 3 ...........................
...... Computed on the consideration or value of property conveyed:OR
_.... Computed on the consideration or value less liens 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,
THE CITY OF SAN BERNARDINO, a municipal corporation
do es hereby REMISE,RELEASE AND FOREVER OUITCLAIM to
MICHAEL D. BARTON and LUCILLE K. BARTON, HUSBAND AND WM AS JOINT TENANTS
the real property in the City of San Bernardino
County of San Bernardino State of California,described as
r
All our right, title, and interest, in and to a portion of an sea t for landscape
maintenance purposes in, over, under and across that portion of Lot 1, Tract No. 14260,
recorded in ' Book 236 of Maps, Pages 22 through 24, records of San Bernardino County,
California, described as follows:
Commencing at the Northeasterly corner of said Lot 1; thence Southerly along the Easterly
line of said Lot 1, a distance of 23.00 feet to the True Point of Beginning; thence West-
erly and parallel with the Northerly line of said Lot 1, a distance of 110.00 feet; thence
Northerly and parallel with the Easterly line of said Lot 1, a distance of 13.00 feet;
thence Easterly and parallel with said Northerly line of Lot 1, a distance of 110.00 feet,
to said Easterly line of Lot 1; thence Southerly along along said Easterly line, a dis-
tance of 13.00 feet, to the True Point of Beginning.
CITY OF SAN BERNARDINO,
a municipal corporation
Dated
M. R. Holcomb, Mayor
STATE OF CALIFORNIA Isa,
COUNTY OF Isa
On
before me,the undersigned.a Notary Public in and for said State. Rachel Clark, City Clerk
Personally appeared
personally known to motor proved to me on the basis of satisfactory
evidence)to be the Person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they
executed the same.
WITNESS my hand and official seal.
Signature (This area for official notarial seaq
MAIL TAX STATEMENTS AS DIRECTED ABOVE toes(Rev.12/89) `
F IT ''A''
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