HomeMy WebLinkAbout2004-3452
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RESOLUTION NO. 2004-345
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING A GRANT OF NON-EXCLUSIVE EASEMENT TO SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR BASELINE FEEDER
SOUTH PIPELINE ON PROPERTY LOCATED ON THE NORTH SIDE OF DUMAS STREET
WEST OF WASHINGTON AVENUE, SAN BERNARDINO, CA (APN 0136-441-16 AND 0136-
441-18).
Whereas, the City of San Bernardino owns real property situated in the City of San Bernardino,
County of San Bernardino located north of Dumas Street and east of Washington Avenue and the
property is utilized for the City's Water Reclamation Facility, and
Whereas, the San Bernardino Valley Municipal Water District is desirous of locating a large
diameter water pipeline and appurtenant facilities known as the Baseline Feeder South on a portion of
the property, and
Whereas, the placement and use of the pipeline on the property provides significant benefits to
the City of San Bernardino and avoids conflict with other city owned utilities that are installed in
Dumas Street.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Grant of Nonexclusive Easement to San Bernardino Valley Municipal
Water District for a water pipeline and appurtenant facilities situated on City of San Bernardino owned
property located north of Dumas Street and west of Washington Avenue be aapproved. The Grant of
Nonexclusive Easement is set forth on Exhibit 1 attached hereto and by this reference made a part
hereof. Reference APN 0136-441-16 and 0136-441-18.
SECTION 2. That the Mayor is hereby authorized to execute the Grant of Nonexclusive
Easement.
November 1, 2004 Page 1 of 2
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2004-345
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING A GRANT OF NON-EXCLUSIVE EASEMENT TO SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT FOR A PIPELINE ON PROPERTY LOCATED NORTH OF DUMAS
STREET AND WEST OF WASHINGTON AVENUE, SAN BERNARDINO, CA (APN 0136-441-16 AND 0136-
441-18).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the
1st day of November , 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
Rackal G. Clark, City Clerk
The foregoing resolution is hereby approved this aJ rcl A �dy of November 2004.
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
Valles, Mayor
San Bernardino
November 1, 2004
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: Robert M. Tincher
APN 0136-441-16 AND 0136-441-18 SPACE ABOVE LINE FOR RECORDER'S USE
EASEMENT AGREEMENT
(Water Facilities -Pipeline & Appurtenant Facilities)
This Easement Agreement ("Agreement") is executed this 1st day of November
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 78-inch diameter water
transmission pipeline and appurtenant 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 the pipeline and appurtenant
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
I. 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:
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 pipeline, 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
pipeline that Grantee may wish to construct or permit to be constructed.
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 pipeline is critical and that the pipeline 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;
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:
(12) inches.
(1) 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
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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 pipeline; 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.
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 pipeline.
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 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 from all claims, causes of
action, 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 pipeline 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 under this Paragraph 8 shall not
apply to claims, causes of action, costs or detriment caused by the sole active negligence or
intentional acts of Grantor.
-3-
9. Grantor's Indemnity. Grantor agrees to indemnify, defend and hold harmless
Grantee and its employees, agents and affiliated entities from all claims, causes of action,
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 under this Paragraph 9 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.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date first above written.
IFITMLYUGIA
City of San Bernardino, a California municipal
corporation
IN
Its:
GRANTEE:
San Bernardino Valley Municipal Water District, a
municipal water district
L
-5-
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.
STATE OF CALIFORNIA )
ss.
COUNTY OF
Notary Public in and for said
County and State
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
M
STATE OF CALIFORNIA )
ss.
COUNTY OF San Bernardino )
On November 3 , 2004, before me, David Gutierrez , personally appeared
Judith Valles , 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. GUTIERREZ
Comm. If 1363195 r^
NOTARY PUBLIC-CALIFORNIA N
San Bernardino County
T My Comm, faun June 3� 0�008�
Notary Public in and for said
County and State
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KRIEGEQ Cn (STEWART
EXHIBIT "A"
PARCEL 1 (APN 0136-441-16)
APN 0136-441-16
0136441-18
The east 100.00 feet of Lot 32 in Tract No. 1995, Valley Truck Farms, in the City of San Bernardino,
County of San Bernardino, State of California, as per Map recorded in Book 29 of Maps, at Page 13
thereof, Records of San Bernardino County, California.
PARCEL 2 (APN 0136-041-18)
Lot 32 in Tract No. 1995, Valley Truck Farms, in the City of San Bernardino, County of San Bernardino,
State of California, as per Map recorded in Book 29 of Maps, at Page 13 thereof, Records of San
Bernardino County, California.
Excepting the easterly 100.00 feet of said lot.
Also excepting the westerly 163,50 feet of said lot.
MWEIgm
LEGAU634-21 (820IO4)
Page 1 of I
KRIEGER 9 STEWAPT
EXHIBIT "B"
APN 0136.441-16
0136-441-18
The southerly 16.00 feet of the easterly 236.50 feet of Lot 32 in Tract No. 1995, Valley Truck Fame, in
the City of San Bernardino, in the County of San Bernardino, State of California, as per Map recorded in
Book 29 of Maps, at Page 13 thereof, Records of San Bernardino County, California.
Contains 2,365.00 square feet, more or less.
See Exhibit "B-1" attached hereto and [Wade a part hereof.
MWFJIpn
fEGAU634-2I (&20104)
Page 1 of 1
30
400.00'
TRACT INN, 109>
VALLEY rY TRUCK rAFMil>
I M.B. 29/13 SB. CO.
N _ _N89'24'38"E
D UMAS S'
E.
20' 120'
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20'I�
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SCALE: 1 "=60'
This Plot is Solely an Aid in Locating the Porcel(s) Described in the Attached Document.
PREPARED sY: SAN BOMMINO V9W MUNICIPAL WATER DISfRICP iaima
KRILCM BASELINE FEEDER EXTENSION, SOUTH PIPELINE B
87L1VART ........... WATERUNE EASEMENT •�
R "`CASM- A.P.N. 0136-441-16 & 0136-441-18
9CAIE: 1'�e0' DATE: a 20 04 DRARN BY:M cHmm BY:SPR R.O.: eB4-2.8 sir I OF I