The URL can be used to link to this page

Home My WebLink About2002-299 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. 2002-299 RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AND GRANT OF EASEMENT AND A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A CITY SEWER EASEMENT LOCATED AT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an Agreement and Grant of Easement and a Quitclaim Deed for a sewage disposal pipeline easement, and the right of depositing, flowing and disposing of sewage, a copy of which is attached hereto as Exhibit" I" and incorporated herein. /11 09118/02 I , , 2002-299 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 AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AND GRANT OF EASEMENT AND A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A SEWER EASEMENT LOCATED AT CAL STATE SAN BERNARDINO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 23rd day of September , 20~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LIEN X MCGINNIS X DERRY x SUAREZ x ANDERSON x MCCAMMACK X ~~~~ City 'erk The foregoing resolution is hereby approved this {),57H day of September ,20~ Approved as to form and legal content: ~4/J~z/L ,/ ,f:f: Wentr'fMcCammack Mayor Pro Tern City of San Bernardino JAMES F. PENMAN City Attorney L/? By: 7 I~ ~02 2 I. TLR No. SB 01-01 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: - SPACE ABOVE THIS LINE FOR RECORDER'S USE - AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the Trustees of The California State University, hereinafter called Trustees, and the City of San Bernardino, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein, and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct, reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the transportation of sewage, and all pipes" conduits, manholes, structures and equipment necessary or convenient thereto, on, under and across that certain real property described and shown on Exhibit A, attached hereto and by this reference made a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF THIS AGREEMENT AND GRANT OF EASEMENT. 3//1 In V- I . / Date Kath Direct ,Procurement and Support Services California State University, San Bernardino APPYOV ~COMM~NriD: U/.i~ Vft.~ William F. Shum Director, Physical Planning & Development California State University, San Bernardino Print N e Wendy McCammack Print Title Mayor Pro Tern APPROVED: TRUSTEES OF THE PO IA ST . 'fE ~J>lERSITY /~~ . Patrick Drohan Assistant Vice Chancellor Capital Ptanning, Design & Construction APPROVED: City of San Bernardino .' J ~ ;I~A /;';;;d~/ / / TLR No. SB 01-01 PROVIDED, this Grant of Easement is subject to the following terms and conditions: I. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any improvements or other property installed under the authority of this Easement will be well and safely maintained by Grantee at all times while this Grant of Easement is operative. 3. Except for emergencies, Grantee shall provide to Trustees adequate advance written notice of its entering the easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to Trustees. 4. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and emptoyees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted. 5. Trustees reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 6. Trustees reserves the right to require Grantee, at Trustees' expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future development of Trustees' property. Within 180 days after Trustees' written notice and demand for removat and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of State, as designated by Trustees and Trustees shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Trustees the Easement herein granted. 7. This Easement shall terminate in the event Grantee faits for a continuous period of 18 months to use the Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shaH, on Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all improvements or other property placed by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. Page 2 of 2 CALIFORNIA NOTARY ACKNOWLEDGMENT State of California County of San Bernardino } ~ On ' 7' zDCl'?c, before me, lJ 'Oil/tit )L( 1r~;('1 ~ersonally appea d J 1\ (l (~ 11 J. personally known to me (or proved to me on the asis 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 14.. r~ ~ , Ii ftJIt~ (!/G/ _."""'.........,LA - - - - - - - - - - . ~ _ ./...,'j.:,,~~., VERONICAM.RIVERA)> (,:"'" Comrn.'1321414 OJ .~ i., ""'. NOTARYPU8l.IC.CAUFORNIA )> ... \.;:" San Bemardlno County ...... '. .', ' My Corlwft. Expires Sepl2Q, 2005 ~--.~4, :tJ ~ ~ ~ _ ~ (This area for official notarial seal) \forms\exam\acknowledgment :ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT TATE OF CALIFORNIA OUNTY OF LOS ANGELES IN MARCH 18,2002 BEFORE ME, HEATHER D. REUTER. NOTARY PUBLIC ERSONALLY APPEAREDJ. PATRICK DROHAN ERSONALL Y KNOWN TO ME TO BE THE PERSON WHOSE NAME IS UBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED o ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, ,ND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON OR THE ENTITY irON BEHALF OF WHICH THE PERSON ACfED, EXECUTED THE INSTRUMENT. ,ITNESS MY HAND AND OFFICIAL SEAL. ~I . t, j{duL., 0, Jr SIGNATURE OF NOTARY i) HEATH'''' S. REUT1:R '1 _ . Commission # 1230618 z ~ ..' Notary Public - California l' z - ~ Las Angeles County My Com",. EJ<!)ire5 J,,130, 2003 ' ____~~S1'JI". EXHIBIT "A" Sheet 1 of 2 CITY OF SAN BERNARDINO SEWER EASEMENT Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscuplabe Rancho, defined by extending United States Government Section lines across said Rancho situated in the County of San Bernardino, State of California, as per plat recorded in Book 1, page 24, of Maps, in the Office of the County Recorder of said County, the centerline of said strip is more particularly described as follows: Commencing at the intersection of the north-south centerline of Section 8, Township 1 North, Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title Insurance and Trust Company Property described in a document recorded in Book 3748, page 26, Official Records of said County, as shown on Record of Survey recorded in Book 21, pages 98 and 99, Records of said County; thence South 89' 33' 34" West, 1335.92 feet along said north line to a point on the centertine of that certain 20.00 feet wide easement granted to the City of San Bernardino and recorded in Book 6589, page 451, Official Records of said County; thence South 55' 01' 09" East, 1444.17 feet along said centerline to the POINT OF BEGINNING; thence North 72' 04' 25" East, 101.05 feet; thence South 56' 23' 24" East, 370.01 feet; thence South 33' 31' 32" West, 114.81 feet; thence South 56' 19' 50" East, 155.37 feet; thence North 79' 58' 51" East, 30.77 feet to a point on said centertine, said point being distant along said centerline, South 55' 01' 09" East, 610.86 feet from said point of beginning, said point also being the POINT OF TERMINUS. The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of said 20.00 feet wide easement conveyed to the City of San Bernardino. Refer to Sheet 2 of 2 for a plat depicting the above-described land. under my direction, in Signature /J IMBT I, L.S. 4430 /:;/LIC SE PPIRES 9/30/05 i/ t:. / / Date:" .; ,/,-26 /o:!-- ;' / / I M:\CSUSB\OOQ70\SEWER EASEMENT.DOC I :1/ I I <i>1 I (,-1 I ~/X ,0" /:(!I \ 0 ,""'I I - >-z 9>1 II !i\!::i5~ 0()1 I u.oa:~ 0- 00<- ';'1 I "H--tfgj fJl I ~!zW~ I I ;;:!WCOa: III ~~~d :1/ I Z(/)(/)a: I I ~iti~~ I I I I II I :)1/ I I I I I II I " o Ii .-~ w -' .. <.J <f) !z w :::IE w u.O 015 !z:::IE ~~ a: ~ ~!z !i\w o~ w"!j ~w ow a:z 0..::; i 8 NOI103S 3NIllJ31N30 HlJ10S-HllJON M.BZ' ~S,LO.OS w~ ;:!,... >='" a: a: tljolll ~a:' -~~ N 0.. ,- '" ""8'" . 0 CJ) <f) w....~ ~ zct)z ::::i~O :;: ~~~ I wwO ;;; ~~~ .,., g:~~ fl :::> '" ~CJ)!i1 es z~< /;' I I I #/1/ I I I I I . Il-i.."" '\I //' ,,":; II n? I '''"'I I ,&1 I .OY I I '01 I 0 ~I I b>-~ C'\It::o....... Q I I u.O ~ '::;" I I Oo~ClI .0, I Wl--a:!ll IA. Zl--W<o <..,''- :::::;zco . :;; ^- a:wza: I ^' ~~<1ig I; I .0, w52u.w . I oWOo.. II I I ~ z z a w co u. o I-- Z B 0.. ~ u \~ ~ ~ 0.- D y <g '$ r- ~ -z..~ 9. 0:::- D \.J tf) -z.. ~ "'l.LJ~l.l.J z. . .. -LnC"J- Ct::N,..,1O <.... '-.., WPt"1V" [DNncn ~~~ w --' CD <:1: 1-1- 08oor--- w z . .,..... Zw5~ci :J...J--"" WWI'OO Z..-__ ::J.....J.....J....J << N l5 g 0 N << 0> W l- I-- ... I l::I on Z N W ili = :::E :'w I-(/') -<( COw ~ Ie::: ><w 15 w~ a w (/') .. '" ....- o~m ~ c: '" I _ o~ -0> ~ ~c;; Q) '" 0 Q) ~ e .5: 0 >< C) I- ~ c: i:J W I!'N ~ tI)~ Q) >-- .... ~ 6 (II w", '0 ili~ 0>-'" rJl '" 0 en ...:: e i\i <{:~ I~ 9^a '2Hd-1Vld-~^S\SlN3H3SV3\OlDOO\HSnS3\ ~ . , . RECORDING REQUESTED BY: AND WHEN RECORDED MAIL THIS DEED TO: (Space above this line for Recorder's use) QUITCLAIM DEED IN CONSIDERATION of the public benefit provided, CITY OF SAN BERNARDINO hereby remises, releases and forever quitclaims to STATE OF CALIFORNIA, all EASEMENT rights for SEWER LINE purposes, as described in that certain Agreement and Grant of Easement recorded on March 16, 1965, in Book 6589 at Page 451 of Official Records of San Bernardino County, over that certain parcel of land described in Exhibit "A", attached hereto and by reference made a part hereof. Dated Q-,;/5-j(C.:2. STATE OF CAJ./FORNIA.O I COUNTY OF. -XCI I VP(flCtI Ci.t'11 D On C. Ch.... 20") z.. f }.and State per~onally appeared !I.. {('if ) 5,5. before me, .p~ lie irrflnd for i Co ~\:. ., p personally: own 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 capaclty(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. t-,..;-.....Q,.._{\; - - - - - - - - . ~@~."; :~~v:;~ ~ ,,,,,,,r;j!J My c-, "'- ....' 20, 2005 .._~':Y.O!I~~,Il_ ~ Signature (This area for official notarial seal) WITNESS my han . , . EXHIBIT "A" Sheet 1 of 3 CITY OF SAN BERNARDINO QUITCLAIM SEWER EASEMENT Being a portion of that certain 20.00 feet wide easement lying within Sections 8 and 17, Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscupiabe Rancho, defined by extending United States Government Section lines across said Rancho, situated in the County of San Bernardino, State of California, as per plat recorded In Book 1, Page 24, of Maps, in the Office of the County Recorder of said County, as granted to the City of San Bernardino, recorded in Book 6589, Page 451, Official Records in said Office of the County Recorder, more particularly described as follows: A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described centerlline: Commencing at the intersection of the north-south centerline of Section 8, Township 1 North, Range 4 West, unsurveyed, said Muscupiabe Rancho with the north line of Pioneer Title Insurance and Trust Company Property described in document recorded in Book 3748, Page 26, of Official Records in said Office of the County Recorder, as shown on a Record of Survey filed in Book 21, Pages 98 and 99, of Records of Survey in said Office of the County Recorder; thence South 89" 33' 34" West, 1335.92 feet along said north line to a point of intersection with said centerline of the 20.00 feet wide easement granted to the City of San Bernardino; thence South 55" 01' 09" East, 1456.71 feet along said centerline to the POINT OF BEGINNING, said point of beginning being distant along said centerline South 55" 01' 09" East, 12.54 feet from the centerline of the proposed 20.00 feet wide sewer easement described below; thence continuing along said centerline of said 20.00 feet wide easement granted to the City of San Bernardino, South 55" 01' 09" East, 584.18 feet to the POINT OF TERMINUS, said point of terminus being distant along said centerline, North 55" 01' 09" West, 14.14 feet from said centerline of said proposed 20.00 feet wide sewer line easement. The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of said proposed 20.00 feet sewer line easement. PROPOSED SEWER EASEMENT (FOR REFERENCE ONLY) Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscupiabe Rancho, defined by extending United States Government Section lines across said Rancho situated in the County of San Bernardino, State of California, as per plat recorded in Book 1, page 24, of Maps, in the Office of the County Recorder of said County, the centerline of said strip is more particularly described as follows: Commencing at the intersection of the north-south centerline of Section 8, Township 1 North, Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title Insurance and Trust Company Property described in a document recorded in Book 3748, page 26, Official Records of said County, as shown on Record of Survey recorded in Book 21, pages 98 and 99, Records of said County; thence South 89" 33' 34" West, 1335.92 feet along said north line to a point on the centerline of that certain 20.00 feet wide easement granted to the City of San Bernardino and recorded in Book 6589, page 451, Official Records of said County; thence South 55" 01' 09" East, 1444.17 feet along said centerline to the POINT OF BEGINNING; thence North 72" 04' 25" East, 101.05 feet; thence South 56" 23' M:\CSUSB\OO070\QUITCLAIM SWR ESMT2.DOC . , . EXHIBIT "A" Sheet 2 of 3 24" East, 370.01 feet; thence South 33' 31' 32" West, 114.81 feet; thence South 56' 19' 50" East, 155.37 feet; thence North 79' 58' 51" East, 30.77 feet to a point on said centerline, said point being distant along said centerline, South 55' 01' 09" East, 610.86 feet from said point of beginning, said point also being the POINT OF TERMINUS. The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of said 20.00 feet wide easement conveyed to the City of San Bernardino. Refer to Sheet 3 of 3 for a plat depicting the above-described land. my direction, in M:\CSUSB\00070\QUITCLAIM SWR ESMT2.DOC o o Ii -.-~ w -' "" u U1 !z w ~ w U Z W ~ ~ u u.. o I- Z ~ a: ~ w "'I- - Z ~w O~ Ww ~~ a. OW a:Z a.::::; B NOI103S 3NIll:l3lN30 HlnOS-Hll:lON M.8nC;,LO.OS ~~ ........ i='" a: a: llJoSl N ~ffi~ en a:D...... .,; U.8'''' I') 0 '" I') w....ii': Z"'z :J~O ~ ~~~ ~ ~~~ co ~~o~ Vl 'Z Z_ /I I d(/ III '" I I C\J I I -' ,Ifrl "....1 I A~n~'oj: 1/ ,00,1 I .,yl I I "'I I 0 ~I I b>-~ I I "'!:::o~ o u..ua:~ ':::;~ / I OO<m .0, I WI-~!'2 I" ~l-wlO ')( " -'Z<D . I;J!^" ~~:z~ II / ,0, w~~ffi , I UwOa. II I I l1' .., N - ~ 0 -' 0 N ~ .., .. Z '" W I- ... ::2: I w " W N W ili en ~ i1i t- o:: w al :!: ~ :c w en >< ::2: l!5 LU :5 5 u ~ :::l 0 o 0 ;>-Z w t::o..-== - ua:~- ~O~-~:S u..1--a: U Ol-w !::: zffima:5 o~z . ~w~~~ ~~~~~ o - >z ~!:::i3~ u..u~~ OOzm Wl--a:~ Zl-wClS :::iZcn . a:w:za: ~~ . w 0 ~"'a: WLLW U Oa. C1 Z Z Z a w <D u.. o !z ~ o 0 >-z w !:::i3-~ ii3~~~5 u..1-a:~U Ol-wClS!::: zZ<D .:;J owza:o ;:::~<ciw a: cna:al ~~~~~ ;- ~ -z:..~ o ~ ~ 'G ~ ~f'." " /1 /' " I / >1'>." ", / I )' , I I I ' ,y/ I O~I I :;-; I .0, / I ,0c.0,"Y ~ .~>?^ ,~/// /11/ I 'Oc <0 I I ~I I ,0, I I I I I III ;/ I I ( < I \ \ .$)\ \ II/, -::.\\ \ illl \ \ I ~ o ~~ ~ ~ 0- -=6 OJ ~ -z:.. ~ r- ~~~}<JfC~ a::t!J~u:;~g: """, "- '" '- "- WPt"1V'PP cnNf"I')(7)LnI() ~~~~~ w -' <Il ""I I- I- '" '-'ocx:;r--.v.... W Z . .,..... _ L() ZW5:!g"':N ::i...J...... - ,-,..-..... ~~~e?~~ :J...J...J...J...J...J .. '" ~m ;m C) I- ~ c: i:j W !!ON "t:J U1:g ~ ~~ .0 Oi~ o ...... Uj ~ g ~ ",- ::~ ~~" Po 0: a. :;.: '" ~Mn .~~A_~uld_JM~'~\~IN~W]SV3\OLOOO\gSnS3\ ~