Loading...
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 IlliilJlli]_ --I 1111 !ill !-- mmm 1% I DDO N ~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