Loading...
HomeMy WebLinkAbout2004-238r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-238 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR A WELL AND PIPELINE ON PROPERTY LOCATED AT 399 CHANDLER PLACE, SAN BERNARDINO (APN 0141-311-06 AND 0141- 311-07) Whereas, the City of San Bernardino owns real property situated in the City of San Bernardino, County of San Bernardino located at 399 Chandler Place and the property is utilized for the City's Water Reclamation Facility and a portion is leased for use as the San Bernardino Public Golf Course; and Whereas, the San Bernardino Valley Municipal Water District is desirous of locating a dewatering well, a pipeline, and appurtenant piping and electrical facilities on the property; and Whereas, the placement and use of the dewatering well on the property provides significant benefits to the City of San Bernardino. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF I SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Grant of Nonexclusive Easement to San Bernardino Valley Municipal Water District for a dewatering well, a monitoring well and appurtenance piping and electrical facilities situated on City of San Bernardino owned property located at 399 Chandler Place be approved. The Grant of Nonexclusive Easement is set forth on Exhibit 1 attached hereto and by this reference made a part hereof. Reference APN 0141-311-06 and 0141-311-07. SECTION 2. That the Mayor is hereby authorized to execute the Grant of Nonexclusive I Easement. Page 1 of 2 2004-238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR A WELL AND PIPELINE ON PROPERTY LOCATED AT 399 CHANDLER PLACE, SAN BERNARDINO (APN 0141-311-06 AND 0141-311- 07) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the 19 th day of July , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x RachbI G. Clark, City Clerk The foregoing resolution is hereby approved this day of .Tuly_, 2004. Esther Estrada, Mayor Pro Tem City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney 1 Page 2 of 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District 1350 So. "E" Street San Bernardino, CA 92412-5906 Attn: APN 0141-311-06 and APN 0141-311-07 SPACE ABOVE LINE FOR RECORDER'S USE EASEMENT AGREEMENT (Water Facilities -Wells & Appurtenant Facilities) This Easement Agreement ("Agreement") is executed this 19ttday of July, 2004, by and between the City of San Bernardino, a municipal corporation ("Grantor") and San Bernardino Valley Municipal Water District, a municipal water district ("Grantee"), who agree as follows: RECITALS A. Grantor owns real property situated in the City of San Bernardino, County of San Bernardino, State of California, as more particularly described in Exhibit A, attached hereto and by this reference made a part hereof ("Grantor's Property"). B. Grantee is municipal water district and transports water for various uses. To accommodate the transportation of water, Grantee desires to build a dewatering well, a monitoring well and appurtenant piping and electrical facilities within Grantor's Property. C. Grantee desires to acquire certain rights in Grantor's Property for purposes of constructing, maintaining, repairing, improving and operating wells and appurtenant piping and electrical facilities for the transportation and storage of water, as more fully described below, on the terms and conditions of this Agreement. GRANT OF NONEXCLUSIVE EASEMENT 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated herein by this reference. 2. Grant of Nonexclusive Easement. For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an easement in gross ("Easement") as hereinafter described. 3. Location of Easement. The Easement granted herein is located as described on Exhibit B attached hereto and by this reference made a part hereof ("Easement Area"). 4. Description of Easement. The Easement shall be nonexclusive and shall commence upon execution of this Easement Agreement ("Commencement Date"). The Easement shall be used by Grantee as follows: Exhibit 1 -1- EASEMENT AGREEMENT (Water Facilities — Wells and Appurtenant Facilities) A. An easement over, under, across, and through the Easement Area. The grant includes the right to construct, lay, operate, patrol, maintain, repair, reconstruct, modify, alter, enlarge, add to, relay, remove, and replace subsurface pipelines and dewatering wells, together with all fixtures, electrical facilities, communications, data or control facilities, and any other devices or appurtenances, either above or below the ground surface, used or useful with respect to the well and discharge pipeline that Grantee may wish to construct or permit to be constructed. Grantee's use and right hereunder are restricted by that certain Use Lease and Agreement between Grantor and assignee, J. G. Golfing, Inc., dated March 29, 1966 and all subsequent amendments and assignments. B. The limited right of access over, ingress to and egress from and along the Easement Area and on, over, and across drives and roadways which now exist or which may hereafter be constructed thereon and the use of which is reasonably necessary to accomplish Grantee's purposes. 5. Grantor's Use of the Easement. While the Easement granted pursuant to this Agreement is non-exclusive, it is expressly understood and agreed that Grantor and its successors or assigns, does not have the right to use the Easement that is inconsistent with the uses granted to Grantee under this Agreement. Grantor understands and acknowledges that access to Grantee's well and discharge pipeline is critical and that the pipeline and well shall be constructed with specific load capacity requirements and that uses inconsistent with Grantee's use of the Easement Area could have a material adverse impact on Grantee's use of the Easement. A. Inconsistent uses include, but are not limited to, the following: (1) Erection or construction of buildings or other structures; (2) Drilling or excavation; (3) Borings; (4) Operation of mines; (5) Use of explosives; (6) Planting of trees; (7) Erection or construction of solid property or field barriers, such as rock, cinder block or concrete walls; and (8) Erection or construction of cross fencing within said easement parcel(s), excluding repair of existing fencing, without including vehicular access gates therein, or the provision of reasonable alternative vehicular access to Grantee. B. It is expressly understood and agreed that Grantor and its successors or assigns, do not have the right, without the prior written consent of Grantee which consent shall not be unreasonably withheld, conditioned or delayed, to make any use of the Easement Area that would encroach on the uses granted to Grantee under this Agreement. Uses of the Easement Area requiring Grantee's consent include, but are not limited to, the following: Exhibit 1 -2- EASEMENT AGREEMENT (Water Facilities - Wells and Appurtenant Facilities) (1) Construction of roadways (other than dirt or gravel roads), installation of above ground, surface or subsurface utilities, or making any other surface or subsurface alterations or improvements; (2) Erection or construction of fencing of any kind or nature, except as specifically prohibited above; (12)inches. (3) Alteration of the ground surface elevation by more than twelve C. Grantor retains the right to: (1) Operate, construct, reconstruct, maintain, inspect, repair, replace, relocate and remove both existing and future improvement to the areas within the Easement Area that do not conflict with Paragraphs 5A and/or 5B above; (2) Construct, reconstruct, maintain, operate, inspect, repair, replace, relocate, and remove both existing and future infrastructure, that such infrastructure does not conflict with Paragraphs 5A and/or 5B above and do not require the relocation of any of Grantor's major underground facilities or hinder the construction, laying, operation, patrol, maintenance, repair, reconstruction, modification, alteration, enlargement, addition, relay, removal, and replacement of Grantee's pipelines and wells; and (3) Require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by the Grantee upon said real property, upon the reasonable determination by Grantor that Grantee's improvements will interfere with future development of Grantor's property. Within one hundred eighty (180) days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to feasible location on the property of Grantor, as reasonably designated by Grantor, and Grantor shall furnish Grantee with an easement for the new location, on the terms and conditions as stated in this Agreement, all without cost to Grantee, and Grantee thereupon shall reconvey to Grantor the easement herein granted. D. It is expressly understood and agreed that Grantor, and its successors or assigns, do not have the right, without prior written approval of Grantee, to grant any easement or license, or permit any encroachment of any kind whatsoever in or over the Easement Area, excluding any existing easement, license, or permit in existence as of the date of this non- exclusive easement is granted. Grantee shall not unreasonably withhold its consent under Paragraph 5B above, or approval under this Paragraph 5D, so long as any proposed activity, construction, or improvement is designed in accordance with generally accepted engineering principles and practices for the protection of Grantee's facilities and Grantee's rights as granted herein. E. Grantor, its successors or assigns, retain all aspects of fee ownership and the right to make all uses of the Easement Area, including, but not limited to, access, ingress, and egress over, through, and across the Easement Area and to and from adjoining parcels, that do not unreasonably interfere with Grantee's rights as described in this Agreement. Exhibit 1 -3- EASEMENT AGREEMENT (Water Facilities - Wells and Appurtenant Facilities) 6. Restoration. Grantee agrees that it shall replace any existing, or future improvements installed in accordance with this Agreement that may be damaged during construction, operation or repair of Grantee's pipelines and/or wells. 7. Compliance. Grantee, at Grantee's sole cost, shall be responsible for compliance with all federal, state and local laws, ordinances, rules and regulations ("Laws") now and in the future applicable to the use, installation, maintenance and repairs of Grantee's wells discharge pipeline and appurtenant facilities. 8. Grantee's Indemnity Obligation. Grantee agrees to indemnify, defend and hold harmless Grantor, and its employees, agents, and affiliated entities of and from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantor) or detriment of any nature whatsoever to Grantor, or the Property, arising from or related to Grantee's use of the Easement Area, and the construction, operation, maintenance or repair of the dewatering well, monitoring well, discharge piping and appurtenant facilities, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantee's indemnity obligations of this Paragraph 9 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence or intentional acts of Grantor. 9. Grantor's Indemnity. Grantor agrees to indemnify, defend and hold Grantee and its employees, agents and affiliated entities of and from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantee) or detriment of any nature whatsoever to Grantee arising from Grantor's activities on the Property, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantor's indemnity obligations of this Paragraph 10 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence or intentional acts of Grantee. 10. Entire Agreement; Binding Effect; Amendments. This Agreement: (a) is intended by Grantor and Grantee as a final expression and complete and exclusive statement of their agreement with respect to the terms included herein, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms are superseded and shall not be admissible or effective for any purposes; (b) shall be binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns; and (c) may not be amended or modified except by a written agreement executed by Grantor and Grantee. 11. Attorneys' Fees. In any action between Grantor and Grantee arising from or related to this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to damages, injunctive or other relief, if any, all costs and expenses, reasonably incurred at, before and after trial or on appeal, or in any bankruptcy proceeding, including without limitation, attorneys' fees, witnesses' fees (expert and otherwise), deposition costs, copying charges and other expenses. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. Exhibit 1 -4- EASEMENT AGREEMENT (Water Facilities - Wells and Appurtenant Facilities) IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date first above written. GRANTOR: City of San Bernardino, a California municipal corporation By. ( "'«"___ Esthez Estrada Its: Mayor Pro Tem GRANTEE: San Bemardino Valley Municipal Water District, a municipal water district 0 Exhibit 1 -5- STATE OF CALIFORNIA ) M COUNTY OF ) On July 22 2004, before me, David Gutierrez , personally appeared Esther Estrada personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. DAVID M. GUTIERRE2 Comm.11363195 N NOTARY PUBLIC-CALIMRRIA N \ San Bernardino County r„,,,. Braires June, 30,1�6 f Notary Public in and for said County and State Exhibit 1 -6- STATE OF CALIFORNIA ) ss. COUNTY OF On 2004, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State Exhibit 1 -7- EXHIBIT "A" All that certain real property situated in the County of San Bernardino, State of California, described as follows: All that portion of Lots 23 and 14 in Block 54 of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, page(s) 2, of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the East line of said Lot 23, which is two hundred feet (200') South of the Northeast corner of said Lot 23; Thence South along the East line of said Lot 23 and 14, to a point which is three hundred sixty feet (360') North of the Southeast corner of said Lot 14; Thence Southwesterly in a straight line to a point on the South line of said Lot 14, which is seven hundred eighty feet (780') West of the Southeast corner of said Lot 14; Thence Westerly along the South line of said Lot 14 to a point which is eight hundred feet (800') East of the East line of "E" Street, 82.5 feet wide, as conveyed by the deed from the City of Riverside to the County of San Bernardino, which was recorded May 23, 1924, in Book 845, at page 268 of Deeds; Thence North along a line parallel with and eight hundred feet (800') East of the East line of "E" Street to a point which is fifty feet (50') South of the North line of said Lot 23; Thence East along a line parallel with and fifty feet (50') South of the North line of said Lot 23, to a point which is two hundred feet (200') West of the East line of said Lot 23; Thence South one hundred fifty feet (150') along a line parallel with and two hundred feet (200') West of the East line of said Lot 23; Thence East along a line parallel with and two hundred feet (200') South of the North line of said Lot 23 to the point of beginning. Except that portion included in Parcel Map 5284, as per Map recorded in Book 51, Page(s) 3 and 4 of Parcel Maps, in the Office of the County Recorder of said County. PIPELINE PARCEL 2 Easements for San Bernardino Valley Municipal Water District (SBVMWD) purposes in Lots 14 and 23 of Block 54 of Rancho San Bernardino as shown by Map recorded in Book 7 of Maps at Page 2 in the Records of San Bernardino County; located in the incorporated area of the City of San Bernardino, State of California, described as follows: PERMANENT EASEMENT Well No. 2 and Pipeline No. 2 An area of land for a well site, described as follows: Beginning at a point which lies (5) South 330 54' 23" East 2,327.63 feet from a point in the centerline of South "E" Street at the intersection of Chandler Place, marked by a one -inch iron pipe set by the City of San Bernardino, coordinates North 1,851,356.4722 feet, East 6,775,412.9391 feet, California State Plane Coordinate System, NAD 83, NAVD 88, per survey by Dawson & Associates; Thence (6) South 89' 21' 22" East 58.06 feet; Thence (7) South 00° 38' 38" West 27.50 feet; Thence (8) North 89° 21' 22" West 62.01 feet, Thence (9) North 08' 49' 35" East 27.78 feet to the point of beginning; EXHIBIT 'B" Parcel 2 June 29, 2004 Page 1 of 3 PARCEL 2 (Continued) PERMANENT EASEMENT (Continued) Well No. 2 and Pipeline No. 2 (Continued) And a strip of land, 20 feet in width, lying 10 feet on each side of the following described centerline: Beginning at a point at the location of SBVMWD Well No.2, which lies (10) South 34° 01' 42" East 2,343.41 feet from said point in the centerline of South "E" Street at the intersection of Chandler Place, marked by a one -inch iron pipe; Thence (11) South 6W 37' 03" East 32.33 feet; Thence (12) South 23' 37' 03" East 73.84 feet to a point at the Rice -Thorne Pipeline in the center of a 25-foot easement to the City of Riverside, recorded May 24,1940 in Book 1416 at Page 108 of Official Records; EXCEPT any portion thereof lying within the easement for Well No. 2 as described above, or within the existing easement for said Rice -Thorne Pipeline. Said permanent easement contains an area of 0.06 acre, more or less. TEMPORARY EASEMENT Pipeline No. 2 A strip of land, 15 feet in width, lying parallel to, contiguous to, and westerly of the Permanent Easement for Pipeline No. 2 as hereinabove described; A strip of land, 15 feet in width, lying parallel to, contiguous to, and easterly of the Permanent Easement for Pipeline No. 2 as hereinabove described; EXCEPT any portion thereof lying within the easement for Well No. 2 as described above, and EXCEPT any portion thereof lying within the existing easement for said Rice -Thorne Pipeline. Said temporary easement contains an area of 0.05 acre, more or less. EXHIBIT 'B" Parcel 2 June 29, 2004 Page 2 of 3 PARCEL 2 (Continued) Note: Bearings for these descriptions are based on the following points: Point Bryn Reset URS GPS Point 1006 (Chiseled "X" on concrete near Manhole No.1006) Northing Easting 1,846,190.00 6,784,110.64 1,848,490.88 6,775,474.08 EXHIBIT 'B" Parcel 2 June 29, 2004 Page 3 of 3 A I CHANDLER PLACE r-------- — - - - - I I Ili WELL No. 2) 8 N G I i i 9 F 7 I I 15 I I I r_-- _-----i-----� I PIPELINE 2 I i CENTURY AVENUE I DETAIL PIPELINECENTERLINES POINT -A' IS A ONE -INCH IRON PIPE SET BY THE r, I TRAVERSE DATA CITY OF SAN BERNARDINO IN THE CENTMJNE OF ` SOUTH 'E' STREET AT THE 911ERSECf10N OF CFIMIDIER� I 0 (A-F) S 33'5423" E 2,327.63' PLACE, COORDINATES N 1,851,356.4712, E E,775,412.939 B CALIFORNIARNIA STATE PLANE COORDINATE SYSTEM, HAD 83, ❑ ( F-G ) S 89'21'22' E 58.06' NAVD 88, PER SURVEY PERFORMED BY BAWSON 6: N LOT �1y3 ❑7 (G-H) S 00'38'38" W 27.50' ASSOCIATES. i - - — - - — - - - LSO Il Lam- - - — - - — ® (HJ) N 89°21'22- W 62.01' wl ❑9 (J-F) N 08°49'35" E 27.78' LOOT 14 ��®�K 1❑ (A-K) S 34°01'42" E 2,343.41' yI I I I Q1 (K-L) S 68°37'03" E 32.33' E \® RANCHO SAN B ERNAR09NIO ri I i i g (L-M) S 23'37'03" E 73.84' of I i wi i \\ BOOK 7 OF MAPS, PAGE 2 NI I I WI I wI I I I V11 I I X1 i 5 \ PIPELINE 2 I 21 I I I -I I K III yl F L I 11 I I I I I I 1 I I I III II I III II I I I I RICE-THORNE PIPELINE ___ MACKAY DRIVE--J I--------------- I CITY OF RIVERSIDE Ali EASEMENT LI -- -- BOOK 1418_PAGE 108-----� OTS 14 & 23 OF BLOCK 54, RANCHO SAN BERNARDINn NOT TO SCALE LEGEND — — — PROPERTY LINE ® PERMANENTEASEMENT TEMPORARY EASEMENT TAKE AREA TOTALS PERMANENT EASEMENT = 0.06 ACRE TEMPORARY EASEMENT = 0.05 ACRE SBVMWD MULTI -ZONE WELLS PARCEL No. 2 _ I SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT I DATE: REV DATE SUB APPD SAN BERNARDINO, CALIFORNIA June 29, 2004 DESIGNED DC SUBMITTED WRc B Division of EI Cons STON DRAWING NO. DRAWN ME CHECKED MR A Division d le, Consultant, Inc. 11 Glendale, California EXHIBIT "B"