HomeMy WebLinkAbout2002-078
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RESOLUTION NO. 2002-78
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 DIRECTING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMENT
DOCUMENTS FOR SOUTHERN CALIFORNIA EDISON COMPANY ACROSS CITY.
4 OWNED PROPERTY LOCATED BETWEEN 4TH STREET AND 5TH STREET, EAST OF
5 THE LYTLE CREEK FLOOD CONTROL CHANNEL (NUNEZ PARK),
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, Grant of Easement documents to Southern California
Edison Company, relating to certain City.owned real property located between 4th Street and 5th
Street, east of the Lytle Creek Flood Control Channel, copies of which are attached hereto as
Exhibit "A" and Exhibit "B",
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02/28/02
2002-78
RESOLUTION - AUTHORIZATION TO EXECUTE AMENDMENT TO GRANT OF EASEMENT
1 DOCUMENTS FOR SOUTHERN CALIFORNIA EDISON, LOCATED BETWEEN 4TII STREET AND 5'11
STREET, EAST OF THE LYTLE CREEK FLOOD CONTROL CHANNEL (NUNEZ PARK)
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Common Council of the City of San Bernardino at a
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Approved as to form
24 and legal content:
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint regular
meeting thereof
held on the 4 th
day of
March
, 20~, by the following vote, to wit:
Council Members: AYES NA YES ABSTAIN ABSENT
ESTRADA X
LIEN X
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK X
~
b. ~
The foregoing resolution is hereby approved this 6Th
day of
March
,20~
V ALLES, Mayor
an Bernardino
JAMES F. PENMAN
City A torney
02/27/02
2
FEB-27-02 14:58 FROM.SCE-CRE/CarrierSoluLions
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2002-78
REGORDING REQUESTED BY
Southern California Edison Company
WHEN RECORDEO MAIL TO
Southern California Edilion Company
14799 Chestnut Street
Westminster, CA 92683
A'ITN: Corporate Real Estate Department
Real Estate Operations
Tom Cuthbertson
SPACE ABOVE THIS LINe FOR RECORDER'S USE
AIIIEl'fD1lIE1lT TO GRANT OJ' &ASJ!:IUIlT
<"""",'" DOCUMENTARY TRANSFER TAX$
Count)' of San COMPUTED ON FUll VALUE OF CONSIDERATION
Bernardino
fJI'TRlt:T
wOA<"""'"
IDENmY
MAP 5lZE CIIlONQ,
A88E8aOR8 PAAct=&. NO.
0138-1>1-04.
= eon-,
~. OF DEOLNwn' ORACiENT DE1'E1W1HIHG TAlI: FlRAIHMIE
fllrt/llO.
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IV
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220-2202-1
Februwy 27.2002
This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of
200 , is entered into by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, its successors and assigns, hereinafter called 'SeE" and CITY OF SAN
BERNARDINO, its successors and assigns, hereinafter called "GRAN'l'OR"
W!!liE~~EI!!
WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for
electrical distributionl transmission purposes under and by virtue of that certain Grant of Easement,
from Lewis E. Bennis, et al, to Southern California Edison Company, a corporation, dated December
13, 1930, and recorded on Mareh 13, 1931, as instrUment number 76, in Book 702, Page 370, in the
County of San Bernardino, State of Cl\1ifornia, in, on, over and across that certain real property in said
County and State.
WHEREAS, Grantor is the present owner of the above-described Existing Easement.
WHEREAS, Grantor and SCE wish to maintain the Existing Easement in full force and effect
and to amend the Existing Easement, to grant additional rights to SCE;
NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby
acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs,
succe'!sors and assigns, as follows:
OTantor hereby grants additional easement rights to SCE to copstruet, maintain, operate,
remove IUld access, at any time and from time to time, a fiber optic cable '!ystem upon existing
facilities for any internal Dr commercial use by SCE and corporations controlled by or under
common control with SCE, and the right to apportion to telecommunication providera and others for
commercial use of the Existing Easement and fiber optic cable.
It is intended by SCE and Grantor that this Amendment shall not extinguish SCE's prior
existing easement rights in and to the lands of Grantor and the rights of SCE in the laods of
Gnmtor shall be referable to both the Existing Easement and the interests, covenants and
conditions conveyed or created by this Amendment.
EXHIBIT "A"
FEB-27-02 14;58 FROM;SCE-CRE/CarrierSoluLions
ID;7148850788
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AMENDMENT OF GRANT OF EASEMENT
2002-78
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as
of the date fIrst above set forth.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
C. Kelly Kraushaar
Manager - Carrier Solutions
Corporate Real Estate Department
By
CITY OF SAN BERNARDINO
(Grantor)
STATE OF CALIFORNIA )
) ss.
COUNTY OF I
On , 200 _. before me,
Public in and for said State, personally appeared
personally known to me (Dr proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) [is/are) subscribed to the within instrnment and acknowledged to me that
(he/she/they) executed the = in [his/her/their) authorized capacity(ies), and that by
[his/her/their] sigpature(a) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrnment.
a Notary
WITNESS my hand and official seal.
Signature of Notary
STATE OF CALIFORNIA I
) ss.
COUNTY OF I
On , 200 _, before me,
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(5)
whose name(s) (is/are) subscribed to the within instrument and acknowledged to me that
[he/she/they) executed the same in [hiS/her/their) authori2ed capacity(ies), and that by
[his/her/their) signature(s) on the instrument the person(s), Dr the entity upon behalf of which the
person(s) acted, executed the instrument.
a Notary
WITNESS my hand and official seal.
Signature of Notary
FEB-2?-02 14058 FROM;5CE-C~~/~arrler~oluLlons
lU:-/lql:::l~blD.l'~l:::I
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2002-78
REGORDING REQUESTED BY
Southern Calit'ornia EdiIlOD Company
WHEN RECORDEO MAIL TO
Southern California Edilion Company
14799 Chestnut Street
Westminster, CA 92683
A'ITN: Corporate Real Estate Department
Real Estate Operations
Tom Cuthbertson
SPACE ABOVE THIS .'No FOR RECORDER'S USE
AJIElIfDJIEIlT TO GRART OF &ASEMENT
"""'''''" DOCUMoNTARY TRANSFER TAX $ ""'""'" .",..",,,- .o<rmN MAP $&Zl!. GRID NO.
CountyofS:sn COMPUTED ON FUU. VAl.ue OF CONSIDERATION
Bernardino
A!J8E&!IORS~JrM). SCE """""', iI..NO. """""""' "" ."Ii
0138-151-12. 3lG. Of CfClARANT ORAGt:NT~RMNNG TM ,,....... 220-2202-1 -....-- February 27. 2002
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This AMENDMENT TO GRANT OF' EASEMENT (Amendment), dated the day of
200 , is entered into by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, itssuccessors and assigns, hereinafter called "SeE" and CITY OF SAN
BERNARDINO, its successors and assigns, hereinafter called "GRANTOR."
W II liE ~ ~.E 1:!!
WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for
electrical distribution/transmission purposes under and by virtue of that certain Grant of Easement,
from ,J. M. Lawyer and Kathryn M. Lawyer, to Southern California Edison Company, a corporation,
dated November 12, 1930, and recorded on November 24, 1930, as instrument number 33, in Book
676, Page 176, in the County of San Bernardino, State of California, in, on, over and across that
certain real property in said County and State.
WHEREAS, Grantor is the present owner of the above-described Existing Easement.
WHEREAS, Grantor and SCE wi$h to maintain the Existing Easement in full force and effect
and to amend the Existing Easement, to grant additional rights to SCE;
NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby
aclmowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs,
successors and assigns, as follows:
Grantor hereby grants additional easement rights to SCE to construct, maintain, operate,
remove and access, at any time and from time to time, a fiber optic cable system upon existing
facilities for any internal or commercial use by SCE and corpomtions controlled by or under
common control with SCE, and the right to apportion to telecommunication providers and others for
commercial use of the Existing EMement and fiber optic cable.
It is intended by SCE and Grantor that this Amendment shall not extinguish SCE's prior
existing easement rights in and to the lands of Grantor and the rights of SeE in the lands of
Grantor shall be referable to both the Existing Easement and the interests, covenants and
conditions conveyed Or created by this Amendment.
EXHIBIT "B"
~~~-~~-~~ lq.b~ ~~UM.b~~-~K~/~arr1erba!U~1anS
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AMENDMENT OJ.' GRANT OJ<' EASEMENT
2002-78
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as
of the date rust above set forth,
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
C. Kelly Kraushaar
Mauager - Carrier Solutions
Corporate Real Estate Department
ay
CITY OF SAN BERNARDINO
(Grantor)
STATE OF CALIFORNIA )
) ss,
COUNTY OF I
On . 200 _, before me,
Public in and for said State, personally appeared
personally known to me (Dr 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 [his/her/their] authori2ed capacily(iesl, and that by
[his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
fl Notary
WITNESS my hand and official seal.
Signature of Notary
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On . 200 _, before me,
Public in and for said State, personally appeared
a Notary
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 (hiS/her/their] authorized capacity(ies). and that by
(his/her/their) signature(s) on the instrument the person(s), Dr the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
f
RECORDING REQUESTED BY
Southern California Edison Company
WHEN RECORDED MAIL TO
Southern California Edison Company
14799 Chestnut Street
Westminster, CA 92683
A'ITN: Corporate Real Estate Department
Real Estate Operations
Tom Cuthbertson
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AMEl'fDMENT TO GRANT OF EASEMENT
LOCATION DOCUMENTARY TRANSFER TAX $
County of San COMPUTED ON FULL VALUE OF CONSIDERATION
Bernardino
DISTRICT
WORK ORDER
IDENTITY
MAP SIZE GRID NO
ASSESSORS PARCEL NO
0138-151-12
seE Corrpany
SIG_ OF DeCLARANT OR AGENT DETERMINING TAX FIRM NAME
FIMNQ.
APPROVED:
COI)Xlr.Jle Real Est3le
Departmenl
BY
DATE
February 27.2002
220-2202-1
This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of
200 , is entered into by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, itsSU<;'cessors and assigns, hereinafter called "SCE" and CITY OF SAN
BERNARDINO, its successors and assigns, hereinafter called "GRANTOR."
WII!'i~~~]HH
WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for
electrical distribution/transmission purposes under and by virtue of that certain Grant of Easement,
from J. M. Lawyer and Kathryn M. Lawyer, to Southern California Edison Company, a corporation,
dated November 12, 1930, and recorded on November 24, 1930, as instrument number 33, in Book
676, Page 176, in the County of San Bernardino, State of California, in, on, over and across that
certain real property in said County and State.
WHEREAS, Grantor is the present owner of the above-described Existing Easement.
WHEREAS, Grantor and SCE wish to maintain the Existing Easement in full force and effect
and to amend the Existing Easement, to grant additional rights to SCE;
NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby
acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs,
successors and assigns, as follows:
Grantor hereby grants additional easement rights to SCE to construct, maintain, operate,
remove and access, at any time and from time to time, a fiber optic cable system upon existing
facilities for any internal or commercial use by SCE and corporations controlled by or under
common control with SCE, and the right to apportion to telecommunication providers and others for
commercial use of the Existing Easement and fiber optic cable.
It is intended by SCE and Grantor that this Amendment shall not extinguish SeE's prior
existing easement rights in and to the lands of Grantor and the rights of SCE in the lands of
Grantor shall be referable to both the Existing Easement and the interests, covenants and
conditions conveyed or created by this Amendment.
,
AMENDMENT OF GRANT OF EASEMENT
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as
of the date first above set forth.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
C. Kelly Kraushaar
Manager - Carrier Solutions
Corporate Real Estate Department
/\
i i
'1 .."., ,
~iTY OF SA~~A~DI&O" (Grantor)
COUNTY OF
)
) ss.
I
(
STATE OF CALIFORNIA
On , 200 _, before me,
Public in and for said State, personally appeared
a Notary
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 [his/her/their] authorized capacity(ies). and that by
[his/her /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 )
) ss.
COUNTY OF )
On ,200 _, before me,
Public in and for said State, personally appeared
a Notary
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 [his/her/their] authorized capacity(ies). and that by
[his/her/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
RECORDING REQUESTED BY
Southern California Edison Company
WHEN RECORDED MAIL TO
Southern California Edison Company
14799 Chestnut Street
Westminster, CA 92683
A'ITN: Corporate Real Estate Department
Real Estate Operations
Tom Cuthbertson
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AMENDMENT TO GRANT OF EASEMENT
LOCATION DOCUMENTARY TRANSFER TAX $
County of San COMPUTED ON FULL VALUE OF CONSIDERATION
Bernardino
DISTRICT
WORK ORDER
IDENTITY
MAP SIZE GRID NO
ASSESSORS PARCEL NO.
0138.151.04.
seE COlT'f1any
$IG. OF DEClARANT OR AGENT DETERMINiNG TAX FIRM NAME
FIMNO.
APPROVED
Cofporale Real Est3le
-~'"
.,
DATE
February 27, 2002
220-2202-1
This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of
200 , is entered into by and between SOUTHERN CALIFORNIA EDISON
COMPANY, a corporation, itssuccessors and assigns, hereinafter called "SCE" and CITY OF SAN
BERNARDINO, its successors and assigns, hereinafter called "GRANTOR."
W!I!'iJH~~JHH
WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for
electrical distribution/transmission purposes under and by virtue of that certain Grant of Easement,
from Lewis E. Bennis, et ai, to Southern California Edison Company, a corporation, dated December
13, 1930, and recorded on March 13, 1931, as instrument number 76, in Book 702, Page 375, in the
County of San Bernardino, State of California, in, on, over and across that certain real property in said
County and State.
WHEREAS, Grantor is the present owner of the above-described Existing Easement.
WHEREAS, Grantor and SCE wish to maintain the Existing Easement in full force and effect
and to amend the Existing Easement, to grant additional rights to SCE;
NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby
acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs,
successors and assigns, as follows:
Grantor hereby grants additional easement rights to SCE to construct, maintain, operate,
remove and access, at any time and from time to time, a fiber optic cable system upon existing
facilities for any internal Dr commercial use by SCE and corporations controlled by or under
common control with SCE, and the right to apportion to telecommunication providers and others for
commercial use of the Existing Easement and fiber optic cable.
It is intended by SCE and Grantor that this Amendment shall not extinguish SCE's prior
existing easement rights in and to the lands of Grantor and the rights of SCE in the lands of
Grantor shall be referable to both the Existing Easement and the interests, covenants and
conditions conveyed or created by this Amendment.
AMENDMENT OF GRANT OF EASEMENT
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as
of the date first above set forth.
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
By
C. Kelly Kraushaar
Manager - Carrier Solutions
Corporate Real Estate Department
.A
,
,
.,
BY\.J/.? /(t'~
CITY OF SAN BERNARDINO
(Grantor)
,-
.'
COUNTY OF
)
) ss.
I
!
t.
)
STATE OF CALIFORNIA
On , 200 _, before me,
Public in and for said State, personally appeared
a Notary
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 [his/her/their} authorized capacity(ies). and that by
[his/her/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 )
) ss.
COUNTY OF )
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 [his/her/theirj authorized capacity(ies), and that by
[his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
a Notary
On , 200 _, before me,
Public in and for said State, personally appeared
WITNESS my hand and official seal.
Signature of Notary