HomeMy WebLinkAbout2003-063
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RESOLUTION NO. 2003-63
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CI
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
EASEMENT AGREEMENT WITH THE CITY OF COLTON FOR POWE
TRANSMISSION LINES.
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WHEREAS, the cities of San Bernardino and Colton jointly own th
Rapid Infiltration Extraction (RIX) Facility property located at 1990 West Agu
Mansa Road in the City of Colton; and
WHEREAS, the City of Colton is constructing a 48 Mega Watt simpl
cycle power plant on property adjacent to the RIX Facility; and
WHEREAS, the City of Colton has requested a permanent easement t
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construct, maintain, operate, use, repair, alter, replace and remove electrica
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systems consisting of, but not limited to, overhead power lines, pull boxes
transformers, pads, vaults, cases, conductors and other fIxtures an
appliances, with the necessary appurtenances, for conveying electric energy,
over, under, in and along and across the RIX Facility more fully described i
the Easement Agreement, a copy of which is attached hereto, as Exhibit "1'
and incorporated herein by reference.
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NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor is hereby authorized to execute
Easement Agreement with the City of Colton for Power Transmission Lines.
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22 SECTION 2. The authorization to execute the Easement Agreement i
23 rescinded if the parties fail to execute the Easement Agreement within six
24 (60) days after the Resolution is adopted by the Mayor and Council.
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2003-63
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIN
AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF SA
BERNARDINO AND THE CITY OF COLTON FOR POWER TRANSMISSION LINES.
1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted b
2 the Mayor and Common Council of the City of San Bernardino at
3 j t. regular meeting thereof, held on the 3rd day of March , 2003, by th
4 following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA x
7 LONGVILLE x
8 McGINNIS x
9 DERRY x
10 SUAREZ x
11 ANDERSON X
l2 McCAMMACK X
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R~k"~ltyt~~~
The foregoing resolution IS hereby approved this 6TH
March ,2003.
day 0
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alles, Mayor
l8 y of San Bernardino
19 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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2/21/2003
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
San Bernardino Municipal Water
Department
Attn: Bernard C. Kersey
300 North "0" Street - Fifth Floor
San Bernardino, CA 92418
SPACE ABOVE nllS LINE FOR RECORDER'S USE
EASEMENT AGREEMENT
This Agreement is entered into on March 3 , 2003, by and between the City
of San Bernardino, as to an undivided 80% interest, and the City of Colton, as to an undivided
20% interest, hereafter referred to as "Grantors", and the City of Colton, hereafter referred to as
"Grantee".
A. Grantors are the owners of certain real property situated in the City of Colton,
County of San Bernardino, State of California (hereafter referred to as the "Servient Tenement"),
and more particularly described in Exhibit "A", which is attached to this Agreement and hereby
incorporated by reference. A graphic representation of Exhibit "A" is provided in Exhibit "B".
B. Grantee desires to acquire certain rights in the Servient Tenement.
Grant of Easement
1. For good and valuable consideration, Grantors grant to Grantee an easement, subject to
the terms of this agreement.
Character of Easement
2. The easement granted in this Agreement is in gross.
Description of Easement
3. The easement granted in this Agreement is a permanent easement to construct, maintain,
operate, use, repair, alter, replace and remove electrical systems consisting of, but not
lirnited to, overhead power lines, pull boxes, transformers, pads, vaults, cases, conductors
and other fixtures and appliances, with the necessary appurtenances, for conveying
electric energy over, under, in, along and across the parcel of real property located in the
City of Colton, County of San Bernardino, State of California, described in Exhibit "B"
attached hereto and incorporated by this reference. Said easement includes the rights of
ingress and egress across the Servient Tenement, at locations to be approved by the
Grantors to support the purpose set forth above.
N:\$657-00IJ.'Doc'City OfCo]lon Easement Agreement February 2003
EXHIBIT "l"
Nonexclusive Easement
4. The easement is granted in this Agreement is nonexclusive. Grantors retain the right to
rnake any use of the Servient Tenement, including the right to grant concurrent easements
in the Servient Tenement to third parties that does not interfere unreasonably with
Grantee's free use and enjoyment of the easernent.
Assignment
5. This Agreement, including any interest in this Agreement, shall not be assigned without
the prior written consent of the other party.
Indemnification
6. Grantee shall defend, indemnifY and hold the Colton/San Bernardino Regional Tertiary
Treatment and Water Reclamation Authority (the "Authority") and the City of San
Bernardino (the "City"), their officers, employees and agents, harmless from and against
all losses, damages, liabilities, obligations, costs and expenses, including, without
limitation, costs and reasonable attorneys' fees incurred or sustained by the Authority or
the City, their officers, employees and agents, arising directly or indirectly from Grantee's
use of the easement granted herein. Notwithstanding the foregoing, Grantee's obligation
to defend, indemnifY and hold harmless the Authority and the City, their officers,
employees and agents, shall not be applicable to the extent any such losses, damages,
liabilities, obligations, costs and expenses, including, without limitation, costs and
reasonable attorneys' fees incurred or sustained by the Authority or the City, their
officers, employees and agents, arise from or are the result of negligent or wrongful acts
of the Authority or the City or anyone acting for or under the Authority's or the City's
direction.
Entire Agreement
7. This Agreement constitutes the entire agreement between Grantors and Grantee relating
to the above easement. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force and effect. Any amendment to
this Agreement shall be of no force and effect unless it is in writing and signed by
Grantor and Grantee.
Binding Effect
8. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of Grantors and Grantee, except as otherwise
provided in this Agreement.
N:'S6S7-000'Doc',Cily ofCohon Easement Agreement February 2003
Executed on this
day of
GRANTEE:
CITY OF COLTON
By:
N:'S6S 7.000"Ooe.City of Coli 011 Easemenl Agreement February ~003
GRANTORS:
By:
CITY OF COLTON:
By:
,2003.
RNARDINO
~
Judith Valles, Mayor
,<:). (!-~L/t-Ic-,
Rachel Clark, City Clerk
This certificate is attached to a three (3) page document entitled EASEMENT
AGREEMENT and dated 03/05 ,2003.
ST ATE OF CALIFORNIA
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ss
.1. DAVID M. GUTIERREZ ~
~ Comm.' 1363195
Ul NOTARY PlI81IC.t.\UFORNIA ~
~ S"BotnIldI"c...ty
_ ~y :omm. E~r" June.. 2008 l'
COUNTY OF SAN BERNARDINO
On March 5 , 2003, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Judith Valles
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that ~ executed
the same in ~ authorized capacities, and that by ~ signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(2) . I ~i
A- t"."-Il ~
NOTARY PUBLIC
(\ '- -,
,'ll..,-C.~t- "v.y
ST ATE OF CALIFORNIA
)
)
)
ss
.1. DAVID M. GUTIERREZ ~
~ Comm.' 1363195
Ul NOTARY PU81IC.CAUFORNIA III
~ San BerndM CtIlltY -
~_~ COlM\. elJi"'JUftl30,.t
COUNTY OF SAN BERNARDINO
On March 5 , 20,Q3 before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Rachel G. Clark
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrurnent and acknowledged to me that ~ executed
the same in ~ authorized capacities, and that by ~ signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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t'-' {,.. w-J k. ~k.L,,1'_,,-e Y'"Y
NOTARY PUBLIC
N'S657-000'Doc'City of ColI 011 Easement Agreement February 2003
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO
)
)
ss
On , 20 , before rne, the undersigned, a Notary Public in
and for said County and State, personally appeared
personally known to me (or proved to rne on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that ~ executed
the same in ~ authorized capacities, and that by ~ signature on the instrument the
person, or entity upon behalf of which the person acted, executed the instrurnent.
WITNESS my hand and official seal.
NOTARY PUBLIC
NS657.000.Doc'(';ty of Colton Easement Agreement February 2003
September] (), 20(l2
I 267.{)] .
EXHIBIT "A"
Electric Transmission Easement
Over the lands of
City of San Bernardino & City of Colton
(Reference FNT No. 02-3706-5444CA(5) and (6)
(property Nos. 1 and 2)
A strip ofland fifty (50) feet wide lying within those portions of Lots 27, 29-1/2,30,31 and
32 of the Bandini Donation, in the City of Colton, County of San Bernardino, State ofCalifomia,
per map on file in Book 3 of Maps, Page 24 thereof, Records of said County, as conveyed to the
City of San Bernardino and the City of Colton by Quitclaim Deed recorded February 27,2001, as
Instrument No. 20010070428, Official Records of said county, said fifty (50) foot strip ofland
lying twenty-five (25) feet on each side of the following described centerline:
A fifty (50) foot wide strip ofIand, the centerline being described as follows:
STRIP 'B':
COMMENCING at the most Northerly comer of Lot 39 of said Bandini Donation;
Thence S.58044'22''E. along the northeasterly line of said Lot 39, a distance of 169.03 feet,
to the POINT OF BEGINNING;
Thence N.29047'50"E., a distance of 122.04 feet;
Thence N.520IO'20"E., a distance of251.73 feet;
Thence N.-4I026'50"E., a distance of275.19 feet;
Thence N.23004'OO''E., a distance of221.90 feet;
Thence N.19050'52"E., a distance of159.16 feet;
Thence N.34007'24"E., a distance of 165.59 feet;
Thence N.45027'46"E., a distance of659.28 feet;
Thence N 38052'39"E., a distance of 151.60 feet;
_cl'Irence K28"38'18"E., a distance of.179.89 feet;
Thence N.30015'47''E., a distance of323.23 feet;
Thence N.51025'24"E., a distance of232.88 feet;
Thence N.53020' 45"E., a distance of 434.98 feet;
Thence N.52048'24"E., a distance of715.38 feet;
Thence N.54052'39"E., a distance of227.63 feet;
K:\Clients\1267 Fru Con\Legal Des\l267-0l ElecEase-I.2.doc
Thence N.73030'30"E., a distance of 183.83 feet, to the northeasterly line of that certain
property as conveyed to the City of Colton by recorded , as
Instrument No. , Official Records of said San Bernardino County.
The above described parcel ofland contains 118,900 square feet, more or less.
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KCT CONSULTANTS, 1Ne.
Prepared Under the Supervision of
. ..o<.f.> /' I?~.j I _
Marissa Crowther, PLS 6152
Date: 9! ~ - 0""2--
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K:\Clients\1267 Fro Coo\Legal Des1l267-O) EJecEase-!.2.doc
...... ,K.C.1..
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r
169.03'
75.02'
395.61'
REF-I ~
NORTHEASTERLY Lf NE OF ~
PROPERTY CONVEYED TO
THE CITY OF COLTON,
COtRlE TABLE
o BEARING LENGTH
Lf N.S8044'22"W.
L2 N.29047'SO"E.
LJ N.S8044'22"W.
L4 NOT USED
l.5 N.29047'SO"E.
L6 N.S20I0'20"E.
L7 N.4/o26'SO"E.
L8 N.23004'00"E.
L9 N.19050'S2"E.
lI0 N.34007'24"E.
Lf I N.4so27'46"E.
lI2 N.380S2'39"E.
lI3 N.2803B'18"E.
lI4 N.30oIS'47"E.
LIS N.Slo2S'24"E.
lI6 N.S3020'4S"E.
lI7 N.S2048'24"E.
lI8 N.S40S2'39"E.
lI9 N.730.30'30"E.
39
122.04'
2S1.73'
275.19'
221.90'
IS9.16'
16S.S9'
6S9.28'
/SI.60'
179.89'
323.23'
232.88'
434.98'
7/S.38'
227.63'
183.83'
~
1CIrLl:1.-ftJt1
Prepared under the supervisIon of:
MARISSA CROWTHER.
PFIOPOSED
ELECTRICAL TRANSMISSION EASEMENT
<:!-U>. ,~... KCT CONSULTANTS, INC.
~ avn Engineers - $UIVlry'Ors. Planners
PLS 6152 DA7E _
EXHIBIT "e"
Sheet Lof ...1.
Scole: '"=500'
September 200
WO 1267-01
H: \ 1267\Ol-AguoMansa \Survey\Easements \01 FR- elec-ease-Base. dwg
DI~' r'I_.. _ "" ....~........
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SCALE: 1"=100'
37
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lEGEND:
IREF-21 ORIGINAL 50' WIDE AQUA
MANSA ROAD PER MB 2/40
AGUA MANSA ROAD EASEMENT
IREF-JI CONVEYED 4/05/99, I NST.
NO. 99-142B09, O.R.
./. EDGE PAVED ROAD
~ \
\
32
V / / /;1 PROPOSED ELECTRIC
mANS. EASEMENT TO, " /.~. ~
BE ACQUIRED...."
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39
33 //
, SAN BERNAF)DINO
1TY'-qF eOL TO,>"
'. . / Inst. No. 2001~~8, 2-27-.~99'. O.R.)
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PORnON OF
S71?IP 'B'
(ot718, . Ft)
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fNT NO. 02-J706-5444CA(5) and (6)
PROPERTY "S I & 2
PROPOSED
ELECTRICAL TRANSMISSION EASEAENT
A K~T~~~~~INC.
EXHIBIT "8"
Sheet 2 of 4
Scale: 1"=100'
September 200
IIU 1267-01
H: \ 1267\Ol-AguaMonso \Survey\Eosements \01 FR- elec-ease-04. dwg
Pl,,~ f'l_'~. .- , , ~,,__~-'_ ,
~
,
/
/'
./ ''\
SCALL ,'= 100'
\
LEGEND:
/
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./
"
,
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.-~:://
/" /
/ /
...,.r ./
~_/-
/
I REF-Z/ ORIGINAL 50' WiDE AQUA,
MANSA ROAD PER MB 2/40
,/.
V / / /A PROPOSED ELECTRI
TRANS. EASEMENT TO
BE ACQUIRED.
30
~. ~J
,
/
". .
'/
PORTION OF
STRIP B'
(:ttlB.900 Sq. FL)
31
37
CITY OF SAN BERNARDI
CITY OF COLTON
j
I
\
32
'\
,
fNT NO. 02-J706-5444CA(5) and (6)
PROPERTY N's J & 2
PROPOt>t::u
B..ECTRICAL TRAN8MIsStoN EASEMENT
~... KCI' CONSULTANTS, INC.
~ CMJ Eno'-'s - SUveyom - PIamera
-
EXHIBIT -B-
Sheet ..L of -1.
Scole: /"=/00'
September 200
KQ /267-01
H; \1267\01-AguoManso \Survcy\Easements \01 FR-elec-eose-04.dwg
Plot Dote- S",f)~f'lT1h",?n ?nn? ').17".. I l/__:_~~
~
SCAIL "=100'
LEGEND:
IREF-21 ORIGiNAl 50' WIDE AQUA
MANSA ROAD PER MB 2/40
AGUA MANSA ROAD EASEMENT
IREr-3/ CONVEYED 4/05/99. INST.
NO. 99-142809, O.R.
., EDGE PAVED ROAD
26
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~?'f, ~
'V.
t'b ~()
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VI/IA PROPOSED ELECTRIC
TRANS. EASEMENT TO
BE ACQUIRED. as- 1/2
/
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29
7'
PORTION OF
STRIP '8'
(~"8.900 Sq. FL)
CITY OF SAN BERNARDINO
CITY OF COLTON
29-1/2
FNT NO. 02-3706-5444CA(5) and (6)
PROPERTY "S I & 2
FFiOPI.Jeil:u
ELECT1lCAL TRANSMISSION EASEAENT
A KCf CONSULTANTS, INC.
~ CMI Eno-- Suveyora- PIomonI
-
EXHI81T "8"
Sheet .Lot ~
Scole: 1"=100'
September 200
II\? 1267-01
H: \1267\01- AguaMonso \Survey\Easements \01 FR- elec-eose- 04.dwg
Pl....f n"+,,,. C"_~~~_"__....,, ..nn... ". ~ ,