HomeMy WebLinkAbout2003-140
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RESOLUTION NO. 2003-140
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA
EDISON THROUGH CERTAIN PORTIONS OF WATER DEPARTMENT PROPERTY
4 LOCATED AT FOOTHILL AND STERLING IN ORDER TO PROVIDE ELECTRIC
SERVICE TO EAST VALLEY WATER DISTRICT'S RESERVOIR.
5
6 WHEREAS, recently East Valley Water District relocated
7 their reservoir on Water Department property located at
8 Foothill and Sterling to reduce the potential for seismic
9 impacts to the reservoir; and,
10 WHEREAS, in order to provide electric service to the East
11 Valley Water District reservoir, the Southern California Edison
12 Company requires an easement through the property; and,
13 NOW THEREFORE BE IT RESOLVED that the City of San
14 Bernardino grant an easement to Southern California Edison
15
16
Company through certain portions of Water Department property
located at Foothill and Sterling in order to provide electric
service to the East Valley Water District reservoir (a copy of
said Easement is attached hereto and incorporated herein as
Exhibit 1) .
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06/16/2003
Page 1
2003-140
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO GRANTING AN
EASEMENT TO SOUTHERN CALIFORNIA EDISON THROUGH CERTAIN PORTIONS OF WATER DEPARTMENT
2 PROPERTY LOCATED AT FOOTHILL AND STERLING IN ORDER TO PROVIDE ELECTRIC SERVICE TO
EAST VALLEY WATER DISTRICT'S RESERVOIR.
3
4 I HEREBY CERTIFY THAT THE FOREGOING resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a joint regular
meeting thereof held on the
7
16th day of
June
, 2003, by the following vote,
8 to wit:
9
COUNCIL .MEMBER
AYES
NAYES
ABSTAIN
ABSENT
10 ESTRADA
x
11 LONGVILLE
x
12 MCGINNIS
x
13 DERRY
x
14 SUAREZ
x
15 ANDERSON
x
16 MCCAMMACK
x
17
18
~~ !;J. ~
~achel G. Clark, Clty Clerk
The foregoing resolution is her~ approved this Iql"
19
20
21 day of
CJ0~~
June
, 2003.
22
23
Susan Longvillc, Mayor Pro Tern
City of San Bernardino
24
25
APPROVED AS TO FORM AND
LEGAL CONTENT:
26
JAMES F. PENMAN
27 City ttorney
28
06/16/2003
Page 2
EXHIBIT 1
RECORDING REQUESTED BY
~ rBTsORN
An EDfSO,^" T,\iTc"RNATIO_/l,'AL Com .any
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683-5240
Attn: DistributionfTRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE (VALUE """"""
AND CONSIDERATION LESS THAN $100.00) Redtands 6431-2105 2-2120
seE Company ."" APPROVED
SIG. OF DEClARANT OR AGENT DETERMINING T,f,X FIRM NAME _ 0155-361-22 CORPORATE SLS/JS 04/21/03
REAl ESTATE
CITY OF SAN BERNARDINO, a Municipal Corporation (hereinafter referred to as "Grantor"), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"),
an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at
any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as
"systems"), consisting of wires, underground conduits, cables, vaults, manholes, handboles, and including above-ground
enclosures, markers and concrete pads and other appurtenant fIxtures and equipment necessary or useful for distributing electrical
energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the
County of San Bernardino, State of California, described as follows:
SEE EXHIBIT "A" A IT ACHED HERETO AND MADE APART HEREOF:
Tbis legal description was prepared pursuant to Sec, 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fIll or other structures except walls and fences on the above described real
property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or
interfere with said systems and sball have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee
shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to sucb
excavation as is practicable.
Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all swns which Grantor or
any of its officers or employees may be obligated to pay by reason of any liability imposed on them to damages arising out of the
performance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by
him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs,
expenses oflitigation and reasonable attorney's fees.
Grantor hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all
swns which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability
imposed on them for damages arising out of the performance of the services rendered by Grantor and cased by any error, omission
or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sum shall
include, in the event oflegal action, court costs, expenses oflitigation and reasonable attorney's fees.
Grantor reserves the right to use said real property in any manner, provided such use does not interfere with Grantee's
right hereunder. No structures will be erected within the limits of this easement.
Grantor reserves the right to require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by
Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantee's
property. Within 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 designated by Grantor and Grantor shall
furnish Grantee with an easement in such new location, on the terms and conditions as herein stated, all without cost to Grantee,
and Grantee thereupon shall reconvey to Grantor the easement herein granted.
2
DSE0269217
6431-2105/2-2120
EXECUTED this _ day of
,2003
GRANTOR
CITY OF SAN BERNARDINO,
a Municipal Corporation
Signature
Print Name
Title
Signature
Print Name
Title
STATE OF CALIFORNIA
COUNTY OF
)
) ss.
)
On , 2003, before me, a Notary Public
in and for said State, personally appeared personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacities, and that by hislher/their
signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
STATE OF CALIFORNIA
COUNTY OF
)
) ss.
)
On , 2003, before me, a Notary Public
in and for said State, personally appeared personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in hislher/their authorized capacities, and that by hislher/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
5
DSE0.'269217
6431-2to5/2-2t20
Exhibit "A"
Sheet 1 of 2
Legal Description
A strip of land 6 feet wide, situated in the County of San Bernardino, State of California, being a
portion of Section 19, Township 1 North, Range 3 West, San Bernardino Meridian, as per plat
on file in the Governrnent Land Office and a portion of Lot 5, Map of West Highlands, on file in
Book 5 of Maps, Page 77, records of said County, being 3 feet on either side of the following
described line:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive (westerly of
Sterling Avenue), as shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through
49 inclusive, records of said County;
thence North 00"32'35" West, 149.33 feet along the prolongation of said centerline of Sterling
Avenue to a point hereinafter referred to as Point "A";
thence South 00"32'35" East, 47.29 feet along said prolongation to the intersection point of said
prolongation of the centerline of Sterling Avenue and the centerline of Foothill Drive (easterly of
Sterling Avenue);
thence South 45027'05" East, 174.91 feet along said centerline of said Foothill Drive;
thence perpendicular to said last course North 44"32'55" East, 9.10 feet to the POINT OF
BEGINNING;
thence North 36"33'03" West, 62.47 feet;
thence North 41"31'23" East, 15.38 feet;
thence North 12031'36" West, 60.31 feet;
thence North 05"16'09" West, 68.82 feet;
thence North 05"53'19" West, 275.06 feet;
thence North 44"17'51" West, 18.46 feet;
thence North 01 "58'55" East, 42.80 feet to the POINT OF TERMINUS;
thence South 89"28'37" West, 48.67 feet a point on the westerly line of Government Lot 6 of
said Section 19, said point being North 00"31'23" West, 354.76' along said westerly line from
aforernentioned Point "A".
See sheet 2 of 2 for a plat depicting the above described property.
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RECORDING REQUESTED BY
EI ri5TsoRN
An EDISON lNTERNATlONA.L Com un
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683-5240
Attn: DistributionlTRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE (VALUE I~' MAPS""'
AND CONSIDERATION LESS THAN $100.00) Redlands 6431-2105 2-2120
seE Company APPROVED, OY ""'"
SIG. OF DECLARANT OR AGENT DETERNINING TAX FIRM NAME "'" 0155-361-22 COWORA'" SLS/JS 04/2I/03
REAL ESTATE
CITY OF SAN BERNARDINO, a Municipal Corporation (hereinafter referred to as "Grantor"), hereby grants to
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its succeSSOIll and assigns (hereinafter referred to as "Grantee"),
an easement and right of way tn construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at
any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as
"systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground
enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical
energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the
County of San Bernardino, State of California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
This legal description was prepared pUIlluant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or
maintenance of any building, planter boxes, earth fill or other structures except waIls and fences on the above described real
property. The Grantee, and its contractoIll, agents and employees, sball have the right to trim or cut tree roots as may endanger or
interfere with said systems and shaII have free access to said systems and every part thereof, at all times, for the purpose of
exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee
shall make the same in such a manner as will cause the least injury to the swface of the ground around such excavation, and shall
replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such
excavation as is practicable.
Grantee hereby agrees to save and hold harmless Grantor and its officers or employees from all sums which Grantor or
any of its officers or employees may be obligated to pay by reason of any liability imposed on them to damages arising out of the
perfonnance of the services rendered by Grantee and caused by any error, omission or act of Grantee or any person employed by
him or her or any others for whose acts Grantee is legally liable. Said sums shall include, in the event of legal action, court costs,
expenses of litigation and reasonable attorney's fees.
Grantor hereby agrees to save and hold harmless Grantee and its department, agencies, officers or employees from all
sums which Grantee or any of its departments, agencies, officers, or employees may be obligated to pay by reason of any liability
imposed on them for damages arising out of the perfonnance of the services rendered by Grantor and cased by any error, omission
or act of Grantor or any person employed by him or her or any others for whose acts Grantor is legally liable. Said sum shall
include, in the event oflegal action, court costs, expenses of litigation and reasonable attorney's fees.
Grantor reserves the right to use said real property in any manner, provided such use does not interfere with Grantee's
right hereunder. No structures will be erected within the limits of this easement
Grantor reserves the right to require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by
Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantee's
property. Within 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 designated by Grantor and Grantor shall
furnish Grantee with an easement in such new location, on the terms and conditions as herein stated, all without cost to Grantee,
and Grantee thereupon shall reconvey to Grantor the easement herein granted.
2
DSE0269217
643t-2t05/2-2120
EXECUTED this 20th day of June
,2003
GRANTOR
CITY OF SAN BERNARDINO,
a Municipal Corporation
/-, />
Signanrr~~J~
/-
Print Name Susan Longville
Title
Mayor Pro rem
Signature
Q.~ h. C~~~
'-
Print Name
Rachel G. Clark
Title
City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF San Bernardinq
On June 20 , 2003, before me, David K. Gutierrez a Notary Public
in and for said State, personally appeared Rachel G. Clark personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(Ji) whose name( s;) is/Jaz subscribed to the within instrument and
acknowledged to me that a.tshellblJ executed the same in >bis/herlllD authorized capacities, and that by lrioIher!lbcir
signature(~ on the instrument the person(~, or the entity upon behalf of which the person(x) acted, executed the instrument
WITNESS my hand and official seal.
'J
([ . 01 jI J, .
J.-.. . (,~ ',. v Lv"."}- vvy
Signature of Notary
~~ DAVID M, GUTIERREZ~
- Comm.11363195
1Il NOTARY PlJBlIC.tAUFOIIHIA Ul
1 Sift 8emtrdlllO CtUflty -
My Comm. E.lqIitIlJIRlI30.2008T
STATE OF CALIFORNIA )
) ss.
COUNTY OF San Bernardinq
On June 20 ,2003, before me, David K. Gutierrez a Notary Public
in and for said State, personally appeared Susan Lonl!:Ville personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(1I) whose name(1I) isH subscribed to the within instrument and
acknowledged to me that lDIIshellix:!< executed the same in ilislhedtbrJir authorized capacities, and that by Dslherllllcilr.
signanrre(1I) on the instrument the person(lI), or the entity upon behalf of which the person(x) acted, executed the instrument
WITNESS my hand and official seal.
(/)' .
i c' ::~~~N:~:('CV I.>
,l.~ DAVID M. GUTIERREZ (
- Comm,' 1363195
1Il Ii NOTARY PlJBlIC.tAlIFOftNIA Ul
1 San Bemantint Countw -
My COlMl. Expi".Juftl30,2006T
5
DSE0269217
6431-2to5/2.2120
Exhibit "A"
Sheet 1 of 2
Legal Description
A strip of land 6 feet wide, situated in the County of San Bernardino, State of California, being a
portion of Section 19, Township 1 North, Range 3 West, San Bernardino Meridian, as per plat
on file in the Government Land Office and a portion of Lot 5, Map of West Highlands, on file in
Book 5 of Maps, Page 77, records of said County, being 3 feet on either side of the following
described line:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive (westerly of
Sterling Avenue), as shown on Tract No. 11857, filed in Book 185 of Maps, Pages 42 through
49 inclusive, records of said County;
thence North 00032'35" West, 149.33 feet along the prolongation of said centerline of Sterling
Avenue to a point hereinafter referred to as Point "A";
thence South 00032'35" East, 47.29 feet along said prolongation to the intersection point of said
prolongation of the centerline of Sterling Avenue and the centerline of Foothill Drive (easterly of
Sterling Avenue);
thence South 45027'05" East, 174.91 feet along said centerline of said Foothill Drive;
thence perpendicular to said last course North 44032'55" East, 9.10 feet to the POINT OF
BEGINNING;
thence North 36033'03" West, 62.47 feet;
thence North 41031'23" East, 15.38 feet;
thence North 12031'36" West, 60.31 feet;
thence North 05016'09" West, 68.82 feet;
thence North 05053'19" West, 275.06 feet;
thence North 44017'51" West, 18.46 feet;
thence North 01058'55" East, 42.80 feet to the POINT OF TERMINUS;
thence South 89028'37" West, 48.67 feet a point on the westerly line of Government Lot 6 of
said Section 19, said point being North 00031'23" West, 354.76' along said westerly line from
aforementioned Point "A".
See sheet 2 of 2 for a plat depicting the above described property.
"
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