HomeMy WebLinkAbout2001-043
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RESOLUTION NO.
2001-43
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AN
RIGHT-OF-WAY TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FO
THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE ACROSS
PORTION OF CITY OWNED PROPERTY.
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WHEREAS, the City of San Bernardino is the owner of
8 certain real property located at 399 Chandler Place; and
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WHEREAS,
said property has been dedicated for Wate
10 Department use for sewer purposes, and a portion of the propert
11 is under lease and utilized as a part of the San Bernardino
12 Public Golf Course; and
WHEREAS, the Santa Ana Watershed Project Authority has
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14 installed a portion of the Santa Ana Regional Interceptor, a
15 sewer pipeline to carry non-reclaimable wastewater from the
16 upper portions of the Santa Ana Watershed to the ocean; and
17 WHEREAS, the sewer pipeline crosses a portion of city owne
18 property which is fully described and depicted in Exhibit "1",
19 attached hereto and made a part hereof, and the city is desirous
20 to grant a permanent non-exclusive easement and right-of-way to
21 the Santa Ana Watershed Project Authority to construct, operate
22 and maintain their facility; and
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WHEREAS, the Santa Ana Regional Interceptor provides long-
24 term benefits to the city for economic development.
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26 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO
27 The Mayor and Common Council of the City of San Bernardino
28 hereby grants to the Santa Ana Watershed Project Authority a
2001-43
A RESOLUTION GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO THE SANTA
ANA WATERSHED PROJECT AUTHORITY FOR THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE
ACROSS A PORTION OF CITY OWNED PROPERTY.
1 permanent non-exclusive easement and right-of-way to construct,
2 operate, maintain and repair, a sewer pipeline within that
3 certain real property more fully described and depicted i
4 Exhibit "1", attached hereto and made a part hereof.
5 I HEREBY CERTIFY that the foregoing Resolution was dul
6 adopted by the Mayor and Common Council of the City of Sa
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Bernardino at a joint reg.
meeting thereof, held on the 20th da
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of February
, 2001, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA X
11 LIEN X
12 MCGINNIS X
13 SCHNETZ X
14 SUAREZ X
15 ANDERSON X
MCCAMMACK X
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'i{~ ~ Clo.iLlJ
J) ~chel G. Clar~, City Clerk
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The foregoing resolution
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, 2001.
day of February
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h Valles, Mayor
of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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By:
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PLEAS~ COMPlET~ THIS INFORMATION
RECORDING REOUfSTED BY.
SANTA ANA WATERSHED
PROJECT AUTHORITY
AND WHEN IlECORD~D MAIL TO:
SANTA ANA WATERSHED
PROJECT AUTHORITY
c/o AKLUFI & WYSOCKI
3403 Tenth St., #610
Riverside, CA 92501
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Recorded in Official Recorde, county of
San Bernardino, Larry Walker. Recorder
No Fee
Doc No. 20010086796
1:27pm 03/08/01
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IlA tIUIQ
(WI
MOII,T ... ,n tlT.ca TIWIS TAX
EXEMPT FROM RECORDING FEE
PER GOV'T. CODE, SEC. 27383
EASEMENT
Tille of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
~te.GC$[) 098. (A.v 8117)
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, ,REQUElITED BY AND
-WHEN RECORDED Mt\IL TO:
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SANTA ANA WATERSHED
PROJECT AUTHORITY
c/o Aklufi and Wysocki
3403 Tenth Street, Ste. 610
Riverside, CA 92501
t
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SPACE ABOVE FOR REcoRDeR'S USE
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN
BERNARDINO, a municipal corporation, ("GRANTOR"), hereby grants to the SANTA ANA
WATERSHED PROJECT AUTHORITY, a public agency, ("GRANTEE"), a pennanent, ncin-exclusive
easement and right of way, to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and
remove a sewer pipeline, with all its cOlUlections thereto, together with the right of ingress and egress, across,
along, over, under, through and within that certain real property in the County of San Bernardino, State of
California, more fully described and depicted in EXHIBITS "A" and "B", attached hereto and made a part
hereof.
GRANTOR and/or GRANTOR's successors and assigns reserve the right to occupy and use the surface and
subsurface of the easement area provided that any such use shall not endanger or damage GRANTEE's
pipeline and cOlUlections thereto, or unreasonably impair or interfere with the present and prospective
exercise of IIllY of the rights herein granted to GRANTEE, GRANTOR may also grant any other easement or
easements across, along, over, under, through or within the easement and right-of-way described herein as
long as such easements do not endanger or damage GRANTEE's pipeline IIlld COlUlectiOns thereto, or impair
or interfere with the present or prospective exercise of any of the rights herein granted to GRANTEE.
GRANTOR:
CITY OF SAN BJi}RNARDINO,
a municipal c~ration
ALLES, Mayor
Dated: r.:miLl1 AIt '1 2-2 , 2 co \
IT T:
~d e1wJv
RA L CLARK, City Clerk
bn:1~~}l:Jlf!j
Clerk
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ACKNOWLEDGEMENT OF GRANTOR(S):
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STATE OF CALIFORNIA
COUNTY OF &:k'll ~;1(tJA~
On ~~{J / hefo
Notary blIc, personally appeared ,
personally known to me ( eon e a5IS ) to he the person(s) whose
name(t) is/~ subscribed to the within instrUment and acknowledged to me that ~shelt]Jlty executed1he
same in ~fher/tl)eir authorized capacity(i9(), and that by ht!ther/!J1efr signatur~ on the instrument the
person(() , or the entity on behalf of which person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
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Notary Public in and for said County and S
(SEAL)
Ei188.n C. Gomez l
Censm. .11.5OIS3 Q
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Comm EJlp, Juty 2,2001 ..
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PSOMAS
Job No.: 2CHM0102,06
Date: March 16, 2000
Page 1 of2
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LEGAL DESClUPTlON
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EXHIBIT "An
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4 PERMANENT EASEMENT
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6 A strip of land 45.00 feel wide over that portion of Lot 14. Block 54 of Rancho San Bemardi~o,
7 in the City of San Bernardino. County of San Bernardino, State of California as shown on the "
S Map filed in Book 7, Page 2 of Maps recorded in the Office of the Recorder of said County, the
9 centerline of said strip described as follows:
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11 Beginning 81 the point of intersection of the southerly line of said LoI 14 and the northerly right-
12 of-way line of the San Bernardino County Flood Conttol District right-of-way as described in
13 document recorded in Book 9191, Page 1770 of Official Records, in the Recorder's Office of said
14 County; thence North 890 24' IS" East, 16.59 feet along said southerly line to THE TRUE
IS POINT OF BEGINNING; said point also being the beginning of a non-tangent curve concave
16 northwesterly having a radius of 997.00 feet to which point a radial line bears
17 South 330 26' 52" East; thence leaving said southerly line northeasterly 157.13 feet along said
18 curve through a central angle of 90 01' 47"; thence North 47.31' 21" East, 176,35 feet to a point
19 on a curve concave northwesterly having a radius of 947.00 feet; thence northeasterly 203.14 feet
20 along said curve through acenual angle of 120 17' 25"; theace North 35. 13' 56" East, 39,48 feet
21 to a point ona curve concave 50Iltheasterly having a radius of 953.00 feet; thence northeasterly
22 311.54 feet along said curve through a central angle of 18043' 48"; thence
23 Nonh 530 57' 44" East, 97.88 feet to a point on a curve concave northwesterly and having a
24 radius of 197.00 feet; thence northeasterly and nonherly 183.97 feet along said curve through a
2S central angle of 53030' 18"; thence Nonh 00. 27' 26" West, 33.34 feet to the point of terminus
26 of this desCription.
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28 The sidelines of said strip shall be lengthened or shortened so as to terminate southwesterly at
29 said South line of said Lot 14 and at right angles from said tenninus.
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3 t Excepting that ponion lying within the right-oC.way oC the San Bernardino County Flood Control
3Z Districl right-of-way as described in document recorded in Book 9191. Page 1770 oC Official
33 R"cords. in the Recorder's Office of said County,
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PSOMAS
Job No.: 2CHMOIQ2.06
Date: March 16,2000
Page 2 of2
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EXHlBIT"A"
(Continued)
4 See Exhibit "S" attached hereto and made a part hereof.
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This legal description is not intended for use in the division andlor conveyance of land in
violation of the Subdivision Map Act of the State of California.
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Prepared under the direction of:
il~JQ, J\A-l
4-1 nj DO
Date
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Donald L. Whiteley, L.S. 6422
14 License expires: 1213112002
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EXHIBIT "8"
CITY OF
SAN BERNARDINO
( 141-311-06 )
C/l EASEMENT
} S'l Y LINE LOT 14
n Y R.OW. LINE
,AN BERNARDINO
oLOOD CONTROL
)ISTRICT
DET AIL
, T.P.O.8.
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N89" 24'15"[
16.59'
NOO.27'26"W
33,34'
CITY OF
SAN BERNARDINO
141-311-07
t..53" 30'18"
R.197.00'
L-183,97'
N53.57'44"E
97_88'
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6-18" 43'48"
R-g53.00'
L-311.54'
N35"1~/56"E
39.48 .,
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t..g" 01'47"
R'997.00'
L-157,13'
SEE DETAIL'
'URPOSE'
// N'L Y R.O. W. LINE
SAN BERNARDINO
FLOOD CONTROL
DISTRICT
PERMANENT 45.00' WIDE EASEMENT
IN THE COUNTY OF SAN BERNARDINO.
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NOT TO SCALE
CH2M Hill
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SHEET 1 OF 1
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DRAFTED RTN
CHECKED Dl W
DATE 3/15/2000
JOB
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PSOMAS
lllRovrCl:
DONAlD l. WHITELEY
t..S. NO. 64~2
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the easement dated February 22, 2001 from the CITY OF
SAN BERNARDINO, a municipal corporation, to the SANTA ANA
.
WATERSHED PROJECT AUTHORITY, a public agency, is hereby acCepted
by the undersigned General Manager of the SANTA ANA WATERSHED
PROJECT AUTHORITY pursuant to the authority conferred by the
action of the Commission of the SANTA ANA WATERSHED PROJECT
AUTHORITY on August 8, 2000, and the Grantee consents to the'
recordation thereof.
Dated: March .(; ,2001
By
AUTHORITY
SANTA
Manager
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