HomeMy WebLinkAbout93-193 - ResolutionsRESOLUTION NO. 93-193
~EAS, the city Council of the City of Rancho O~-..-~3~ has for its
cc~siderati~ Quitclaim deeds for APN 226-251-01 and APN 226-282-01, located
north of Su~it Aver~ and east of San Seva/ne Boad; and
~%S, these two parcels w~re origir~lly dedicated in fee to the
COunty of San BexT~rdi~o with the ~ of Tract Maps 13565-6 and 13565-9;
WHEREAS, the parcels were dedicat~__ to the City after annexatic~
through an ~t to the mp for drainage purposes; and
WHEREAS, the County Surveyor has requested that the attached
quitclaim dccds be processe~ by the city to clear any possible questi~ of
ownership.
NC~ THEREFORE THE CITY COUNCIL OF THE CITY OF RAN(~0 (/3CAMONGA DOES
H~REBY RESOLVE that said quitclaim be and the same is hereby ap~ and the
Mayor is hereby authorized to sign said quitclaim deeds c~ behalf of the City
of Rancho Cucamonga, and the city Clerk to attest hereto.
PASSFD, APPROVED, and ADOPTeD this 3rdday of November, 1993.
AI~, Buquet, Gutierrez, Stout, Williams
NOES: None
None
City Clerk
Resoluti~ No. 93-193
I, DEBRA J. ADAMS, CITY ~.RRK of the City of Rancho Cucamonga, California, do
he~ certify that the foxygoing Resolution was duly pa.~, approved, and
adopted by the City Council of the City of Rancho O~r..~3~, California, at a
regular ~ of said City fk~ncil held ~ the 3rd day of November, 1993.
E~u~ced this 4th day of ~, 1993, at Rancho O;c_am~nga,
California.
, City Clerk
Resolutic~ No 93-193
l~solutio~ No. 93-193
Q
CITY OF
RANCHO CUCAMONGA
DIVISION
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~e~olutic~ No. 93-193
TRANSPORTATION/FLOOD CONTROL
DEPARTMENT
825 E;mt Third St~#t · Sen Ii n! Jl~, CA I2415-0~35 * (714) 3~7-2100
F.x No. (7141 3~7-2867
COUNTY OF SAN BERNARDINO
PUBLIC WORKS GROUP
KEN A. MILLER
Director
File: 1-802/2.00
September 20, 1993
Mr. Joe O'Neil
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
RE: San Sevaine West Levee Dedications
DIVISION
Dear Joe:
We are in the process of cleaning up the final details on some of the Caryn Company
(Caryn) activities and have come across an item that needs attention.
You may recall, as a condition of the Corps' permit 87-242-LS, under which Caryn
built the West Levee on San Sevaina, an area of approximately 37 acres wes to have
been dedicated as a natural area. The Flood Control District (District) already held
an easement for flood control but it wes determined that Caryn needed to grant a
fee simple ownership to the District before we could grant such a conservation
eesement.
Under the terms of the agreement between Caryn and the County executed on
January 9, 1989, Caryn promised to convey to the District by dedication on Tract
Maps 13565-6 and 13565-9 the lands that comprise part of that 37 acres. A third
parcel Was handled separately and is not a problem.
By recordation of the final tract maps on January 11, 1989 Caryn did effect this
dedication. Copies of the first page of each map is attached. A problem, however,
arose after recordation when a surveying error was discovered. To correct that
error, Tract No. 13565-6 was re-recorded on January 30, 1991 and Tract
No. 13565-9 was re-recorded on September 5, 1990. On the correcting map, the
same parcels deeded to the District were transferred to the City.
The County Surveyor and others are of the opinion that this second amended final
map for each tract is invalid under the Subdivision Map Act. Further, the amended
maps do state a disclaimer that the amended map dedications do not modify any
previous right of the District as the fee owner.
Besolutic~ No. 93-193
Mr. Joe O'Neil
San Sayelna Weet Levee Dedications
September 20, 1993
Page 2 of 2
To b~ on the safe side, we believe the confusion on the amended maps could create
a cloud on the title and possibly impair a conservation easement. When we are all
retired, the intent of the dedications may be unclear and, thus, we have prepared the
enclosed quit claim deed for the City to execute which would, once and for all,
declare that the District is the fee owner.
We are within weeks of resolving who will take the conservation easement and
would appreciate your assistance in securing the necessary City action on the quit
claim deed.
Should you have any questions or desire further information, please feel free to
contact Tim Johnson at (909) 387-2962 or the undersigned at {909) 387-2619.
Sincar ~,,
LEWIS S. NEEB, P.E
Eftwands/San Sevaine Project Manager
LSN:TJ:Imk
Enclosures as noted
cc:
Tim Johnson
Ken Williams
Bob lawrence
KAM/JAS - Reading file