HomeMy WebLinkAbout2001-276
1
RESOLUTION NO.
2001-276
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING A UTILITY REPLACEMENT AND EASEMENT
EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE CITY
4 OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY
WATER DISTRICT.
5
6
WHEREAS, In or about 1957, East Valley Water District
7 constructed and operate a reservoir and pump station known as
8 Plant 37 on property from the United States Forest Service
9 through a special use permit; and,
10 WHEREAS, the city obtained title to the Plant 37 property
11 through a property exchange agreement with the United States
12 Forest Service, while East Valley Water District still owned
13 and operated Plant 37; and,
14
WHEREAS, it has been determined that Plant 37 is located
15 on an earthquake subfault and should be relocated for safety
16 reasons; and
17
WHEREAS, East Valley Water District desires to construct a
18 four million-gallon potable water reservoir to replace Plant 37
19 on an alternative site owned by the city; and
20
WHEREAS,
in order to effectuate East Valley Water
21 District's move from the old site to the alternate site, a
22 grant of easement conveying an irrevocable easement on the
23 alternate site to East Valley Water District must be executed.
24
NOW THEREFORE BE IT RESOLVED that the City of San
25 Bernardino enter into and approve a Utility Replacement and
26 Easement Exchange Agreement with the City of San Bernardino,
27 which Agreement is attached hereto as Exhibit
"A"
and
28 incorporated herein by reference.
8/20/01
-1-
2001-276
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A
UTILITY REPLACEMENT AND EASEMENt EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO, THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND EAST VALLEY
WATER DISTRICT.
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
4th day of
September
2001, by the following vote,
8 to wit:
9
COUNCIL MEMBER
AYES
NAYES
ABSTAIN
ABSENT
10 ESTRADA
x
11 LIEN
x
x
12 MCGINNIS
13 SCHNETZ
x
14 SUAREZ
x
15 ANDERSON
x
16 MCCAMMACK
x
17
18
~ ~r~~lerk
The foregoing resolution is hereby approved this ,~ day
19
20
21 of
September
, 2001.
/t:L~
lles, Mayor
of San Bernardino
22
23
24
25 APPROVED AS TO FORM AND
LEGAL CONTENT:
26
27
JAMES F. PENMAN
City Attorney
By: L.<r ? p~
(]
28
8/20/01
-2-
2001-276
UTILITY REPLACEMENT AND
EASEMENT EXCHANGE AGREEMENT
THIS AGREEMENT is made this 24th day of July, 2001, by and
among the CITY OF SAN BERNARDINO, a municipal corporation, the CITY
OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, and the EAST VALLEY
WATER DISTRICT, a public agency (hereinafter "East Valley") .
RECITALS
A. The City of San Bernardino (hereinafter "the City") is a
charter city organized and existing under the laws of the State of
California and located within the County of San Bernardino. The
City provides water and sewer service to residential, commercial,
and industrial properties within its jurisdictional boundaries
through its Municipal Water Department which is governed by the
City's Board of Water Commissioners.
B. East Valley is a county water district organized and
operating pursuant to California Water Code Section 30000 et seg.,
and provides water and sewer service to residential, commercial,
and industrial properties within various incorporated and
unincorporated areas of the County of San Bernardino.
C. On or about August 5, 1955, East Valley obtained from the
United States Forest Service (hereinafter "USFS") a Special Use
Permit for reservoir purposes on approximately four (4) acres of
real property located in the County of San Bernardino, State of
California, which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference
(hereinafter "Parcel A").
Pursuant to the authority granted
therein, in or about 1957 East Valley completed construction and
began operation of a reservoir and pump station known as Plant 37
on Parcel A.
D. The City subsequently obtained title to Parcel A as part
of a property exchange agreement entered into with the USFS. Under
the terms of said transaction, the City was required to record an
easement deed for reservoir use on Parcel A which would allow East
Valley to continue to operate Plant 37 thereon. Accordingly, on or
about October 4, 1972, the City adopted Resolution No. 11182
approving a document entitled "Grant of Easement" wherein the City
conveyed to East Valley an easement to construct, use, maintain,
alter, add to, repair, replace, and/or remove pipeline or
pipelines, add additional reservoirs, pumping stations, and access
roads together with all necessary appurtenances over, under,
through, and across Parcel A (hereinafter "the Easement"). A true
and correct copy of the Easement is attached hereto as Exhibit "B"
and is incorporated herein by this reference.
E. Pursuant to the terms of the Easement, East Valley owns
and operates Plant 37 on Parcel A. However, it has recently been
determined that Plant 37 is located on an earthquake subfault of
the southerly trace of the San Andreas Fault and should be
relocated for safety reasons.
F. East Valley desires to construct a four million gallon
potable water reservoir to replace Plant 37 (hereinafter "the
Project") on a site owned by the City that is located approximately
1,500 feet northerly of Parcel A (hereinafter "Parcel B"l. The
details of the Project were documented in the Initial Study
prepared therefor which resulted in the adoption of a Mitigated
Negative Declaration by East Valley in or about January of 2000.
2
G. The legal descriptions and maps depicting the proposed
location of the permanent easements for the Project are included in
the documents attached hereto as Exhibits "C" and "D" which are
incorporated herein by this reference (hereinafter "the Permanent
Easements"). A legal description and map depicting the proposed
location of the temporary easement for the Project is included in
the document attached hereto as Exhibit "E" which is incorporated
herein by this reference (hereinafter "the Temporary Easement") .
H. The purpose of this Agreement is to set forth the terms
and conditions under which the parties hereto will cooperate in the
Project.
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals and
the mutual Covenants contained herein, the parties hereto agree as
follows:
Section 1. RELOCATION.
Section 1.1. Parcel B. Upon execution of this
Agreement, the City shall execute the easement grants attached
hereto as Exhibits "C," "D," and "E." Such interests shall be
conveyed free and clear of all liens for taxes and assessments not
yet payable and of all easements and encumbrances not previously
approved by East Valley. Thereafter, East Valley shall proceed
with the construction of the Project on Parcel B and the exercise
of its easement rights thereon.
Section 1.2. Parcel A. Upon East Valley's final
acceptance of completion of the Project, East Valley shall proceed
3
with the demolition of Plant 37, the restoration of Parcel A to its
prior condition to the extent reasonably practicable, and the
subsequent reconveyance of the Easement to the City.
Section 1.3. Preparation of Documents. All deeds, legal
descriptions, maps, and other documents necessary to effectuate the
transfer of property interests in accordance with the terms of this
Agreement shall be prepared by East Valley.
Section 2. INSURANCE. Upon the City's conveyance of the
property interests set forth in Section 1.1 of this Agreement, East
Valley shall maintain insurance on Parcel B as described below:
Section 2.1. Coveraae. Comprehensive general liability
insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall name the
City of San Bernardino Municipal Water Department and the City of
San Bernardino as additional insureds.
Section 2.2. Certificates. East Valley shall furnish
the City with properly executed certificates of insurance which
clearly evidence the coverage required by Section 2.1 of this
Agreement and provide that such insurance will not be materially
changed, terminated, or allowed to expire except on thirty (30)
days' prior written notice to the City.
Section 3. INDEMNIFICATION. East Valley agrees and promises
to indemnify, defend, and hold harmless the City, its Municipal
Water Department, and their officers, employees, and agents, from
and against all actions, claims, demands, lawsuits, and liability
for damages to persons or property that may be asserted or claimed
4
by any person, firm, entity, corporation, political subdivision, or
other organizations arising out of any negligent act, omission, or
willful misconduct by East Valley in connection with East Valley's
performance of this Agreement.
Section 4. NOTICES. Any notice, tender, or delivery to be
given hereunder by either party to the other shall be effected by
personal delivery in writing or by registered or certified mail,
postage prepaid, return receipt requested, and shall be deemed
communicated as of mailing or in the case of personal delivery, as
of actual receipt. Mailed notices shall be addressed as set forth
below, but each party may change its address by written notice in
accordance with this section.
If to the City: City of San Bernardino
Municipal Water Department
300 N. "D" Street
San Bernardino, CA 92418
Attn: Stacey R. Aldstadt
Deputy General Manager
If to East Valley: East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Section 5.
ATTORNEYS FEES.
If a dispute or controversy
arises regarding the breach or enforcement of this Agreement which
is not resolved informally by mutual agreement of the parties
hereto, the prevailing party in any subsequent action, claim, or
lawsuit that is filed shall be entitled to recover all attorneys
fees or other costs actually incurred in connection therewith. In
any action brought, the entitlement to recover attorneys fees and
5
costs will be considered an element of costs and not of damages.
Section 6. INUREMENT. This Agreement and all provisions
hereof shall be jointly and severally binding upon, and inure to
the benefit of, the parties hereto and their respective heirs,
successors, legal representatives, and assigns.
Section 7. ASSIGNMENT. This Agreement may not be assigned to
any individual or entity without the written consent of the parties
hereto.
Section 8. INTEGRATION AND AMENDMENT. This Agreement
constitutes the entire understanding of the parties hereto with
respect to the subject matter hereof and supersedes any and all
prior agreements, whether oral or written, between the parties in
connection therewith. This Agreement may not be amended unless in
writing and signed by the parties hereto.
Section 9. CAPTIONS. The captions of sections and
subsections of this Agreement are for reference only and are not to
be construed in any way as a part of this Agreement.
Section 10. INTERPRETATION AND ENFORCEMENT. This Agreement
shall not be construed against the party preparing it, but shall be
construed as if both parties jointly prepared this Agreement and
any uncertainty or ambiguity contained herein shall not be
interpreted against anyone party. Failure by either party to
enforce any provision of this Agreement, or any waiver thereof by
such party, shall not constitute a waiver of said party's right to
enforce subsequent violations of the same or any other terms or
conditions herein. This Agreement shall be enforced and governed
6
by and under the laws of the State of California, and venue for any
action brought to interpret andlor enforce any provision of this
Agreement shall be in a state or federal court located in the State
of California with in rem jurisdiction over Parcel A and Parcel B.
Section 11. COUNTERPARTS. This Agreement may be signed in
counterparts, each of which shall constitute an original, but all
of which together shall be one and the same document.
Section 12. TIME OF THE ESSENCE. Time is of the essence in
this Agreement and each and every provision thereof.
Section 13. AUTHORITY. Each individual executing this
Agreement on behalf of a party hereto represents and warrants that
they are fully and duly authorized and empowered to so execute on
III
III
III
III
III
III
III
III
III
III
III
III
III
III
7
I .
behalf of such party.
IN WITNESS WHEREOF, the
Agreement to be executed by
date first above written.
parties hereto have caused this
their respective officers as of the
CITY OF SAN BERNARDINO
EAST VALLEY WATER DISTRICT
BOARD OF WATER COMMISSIONERS
Commission Toni Callicott for
BOARD OF DIRECTORS
By:
B.
Pr
/L, ;)~tt!..J
By: ljrP!11 ."" . /ti.!f/f/f-t
Glenn R. Lig bfoot
President
/J
By: /Jk~~
Stacey R Aldstadt
Secretary
By:
~~
Secretary
MAYOR AND COMMON COUNCIL
/
i
By: !J
Rac
City
/1
. :
l/(i /{L~
:l1aJ{les
;
I
~ .l1. C:~
1 G. Clark
Clerk
By:
Judit;h
Mayor
Approved as to Form and Legal Content:
OFFICE OF THE CITY ATTORNEY
BRUNICK, ALVAREZ & BATTERSBY
..-
mes F. Penman
ity Attorney
By: ~ .
even M. Kennedy
General Counsel
8
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ac& ~ridiaQ, according to Uait.ed S:a:e$ Gov~ra=ec.C Su.-vey, ~re
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CO~QcLcg Gt the Southvelt co=ner of said ~Qrtbvest OQe-
qUArter of Section 19i thence i4aterly aloUi the S~U~ linG of
th~ said. ~:thVl!st oa.e-q,Wlree.r of Sect.ion 11, 7.5.00 feet to the
true point. of beg1.tu1ic.gj the.cce c.o::.:tcuing, &4ste.rly along .cl.d
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North~est O~-~UArter of Seetio~ 19, 425.00 feet. thence YCsterly
.a.od p.ral1el vith the ..aid &oueh l1.oe of the Narthvoe..t oc.e-q"uarte.r
of Sectioa.19. 410.00 feetitheoea Southerly aDd parallel vtth the
..td. West lia.e of the Northwe.t o~-q,uarter of Sectioe. 19, 425.00
feet to the true poltle of beglCl11r16. !.XCEPT thet portion vlth.1u
roach!.!l D'::ive.
'Thet the. MaytJr of the City o~ Sac. krc.ardino is he:'eby authorlze.d.
to e.;;eeute. .aid Z.ale~a.t 00. behalf of t.ne 5-aLd. City of SIc. Serc..std1n.e.
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STATE OF CALIFORNIA' .) .
. COmlTY OF SAN BERN.A_'UlI~O')"'.5 5 _ .
. CUY OF SAN BERNARDINO ). :'.'
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I, Lucille Goforth;'. City Clerk in and for the City of San Ber-
'nardino, hereby certify that-t~e foreg~i~g Resolution No~i;/~ is
a full, true and correct copy. of that now on..f"il<r. .in this office.
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'. IN WITNESS WliEREOF'
i have hereunto: set my hand: and affixed he,
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San.Bernardino thi~ ~~~'. d~y.of
:.::C\LLE GOFO~; :~,,;./t -'?.-?7::"; /
C!.I.'(~ \ n:'~'rN
City Clerk
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GRANT OF EASEMENT
-----------
FOR VALUABLE CONSIDERATION, receipt of which is hereby
ackllow1edged, and pursuant to resolution, regularlyadcpted by the
City of Council of the City of San Bernardino, duly. authorizing the same,
.the C!I'LQf...:?MlJl.EWARDlNO, a Muni~ipa.l Corpor~ti~n, (GRANTOR)
c;Ioes h~reby' gum, bargain, 'sell and convey to the X:-ASUAli BEM~!tQJNO
'. '. ..' .' ..... .~ .: ...... . .
,cOUt.!:r;-WATER..DISIrom:..-a C;:ount~ y{arerDistrict;.itS successors and
as.signs, as (mtAN:rn~); ~~'~as'ecr:~nt:Ior ih~ .~ght't~ con;t;uct, use;
'T!laintain', alter, add to, repatr, replace and/or remove pipeli~e or pipe-
lines, add additio'!al ie;ervotrs, pumping stations: and ac~essroads
together with all necessary appurtenances over, under ~ through ~nd
across the real property lo~ted in the County of San Bernardino,. State of
. . .... . .,: '.. .-' .. ". . '.
Califo~ia, moreparticul~rly descr'1b<;d a~fol1ows: :
:.... '.
That portion of Government Lot 6; Northwes t one-:quarter..'
Section 19, .Township 1 North, Range.3 West, San Bernardino
. Base and Meridian, according to United States Government .
Survey, more particularly described as follows: ' .'
.. .
Commencing at the Southwest..comer'of said Northwest one:- >. .~. ".
quarter of Section 19~ thence, Easterly along the South line /,V', ;? . '\
of the said Northwest one-quarter of Section 19; 75.00 feet to i?J, ;1'[ "',
the True Point of Beginning; thence, continuing Easterly along \:1 LlJ.~1,/ .j
said South line of the Northwest one-quarter of Section 19. \. 7'fW~. ..,~/
410.00 feet; thence, Northerly and parallel with the West line ..., .!.:,:-';,.'
of the said Northwest one-quarter of Section 19, 425.00 feet; ----
thence, Westerly and parallel with the said South line of the
Northwest one-quarter of Section 19, 410.00 feet; thence,
Southerly and parallel with the said West line of the Northwest
one-quarter of Section 19, 425.00 feet to the True Foint of'
Beginning. EXCEPT that portion within Foothill Drive.
11';1 WITNESS ~7fEOF '. the Grantor has executed th is ins trument
this~'dayof @~/..(./, 19I2- -'
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I: . \. '. 'i;iTY OF SAN BERNAR '....(r,/
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Approved 3S to form: . '1~" pty~rl<: uf - /
: ~ ~.~~-&-~/~
RALPH H. PRli\lCE, City Attorney , 1'. 7
EXHIBIT ~
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STA TE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ~ SS
On /)/.' _..L/ -" /1>_. '/' /- ~, 'I ./
(t..L!,- c' ~ ,L,l ~ 197 J/ . before me, the undersigned,
a Notary Public in. and for the said County and State, personally appeared
tr I If? 4 Ia IJ 11'/' i. ,k!1O\vn to me to be the
~";q h'e r;;. r/!J/JO .
Mayor, and
, known to me to be thW......IlI/.,4City Clerk of
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t..'leCity of San Bernardino, a Municipal Corporation. the Municipal Corpor-
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. ation that executed the within Instrument, known to me to be . the persons who
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executed. the within Instrument, on behalf of the said Municipal Corporation
herein na~ed, .a~d' ac~noWled~ed ~o ~e tha~ '~u~liM~'~icipal Cori>~ration exec-
uted the:withinlnstrumentp.ursuant toa resolution of its Governing Board
duly authorizing the execution thereof.
. .
WITNESS my hand and official seaL '.' .
.~~
. . Notary Public in and for said County.
. .. -. ahd State'. . . '.: :'. . .
,
.omClAL SEAL .
HERBERT B. WESSEL'
.. - ."NOT:ARY PUSI..IC':Cll~;:OQNtA
. SAN BERN.~f!DINO COUNlY
". .. . -~~ My Commission Expires Fe!:l. 18. 1974 .
5 .. _.~"_ -:- .c;-::..' .....-...- '.'~- t
1,; 0 Stre.t. 1', O. Box 710, S.n B.mzr~ino. C.. 92400 .
EXHIBIT ~
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,ST SAN BERNARDINO COUNTY WATER DISTRICT. 1155 DEL .ROSA AVE. S.B. CALI F.
.' c.ct,;.Wt.~ N\,1t.13!R.
Air- E,asemenf for P;;oe/i/7es~.i?e;ervo/rs, .::'
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
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When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
PERMANENT NON-EXCLUSIVE EASEMENT GRANT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a perpetual, permanent, and
non-exclusive easement hereinafter described, to construct,
reconstruct, remove, replace, alter, add to, repair, maintain,
operate', and use, one or more roads, wells, tanks, reservoirs,
pipelines, vaults, and pumping and/or chlorinating stations,
together with braces, connections, fastenings, communication lines,
electric power cables, telemetry systems, and other appliances,
appurtenances, and fixtures in connection therewith or appurtenant
thereto, for the production, storage, treatment, transmission, and
distribution of water and electric power on, under, along, above,
and across that certain real property located in the County of San
Bernardino, State of California, and described and depicted on the
legal description and map attached hereto as Exhibit "A" and by
this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
1
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, for as long as
Grantee desires to exercise the same, and Grantee may assign the
rights and easement herein granted, either in whole or in part,
subject to the terms of this grant.
Any wells, tanks, pipelines, cables, and other structures and
appurtenances installed and constructed pursuant to this easement
shall at all times remain the property of Grantee notwithstanding
that the same may be annexed or affixed to the freehold, and shall
at any time and from time to time be removable, in whole or in
part, by Grantee and its successors or assigns.
Grantor agrees to notify Grantee of any prospective use across
said easement and to coordinate with Grantee the installation of
any future facilities within and/or otherwise affecting said
easement.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County.
IN WITNESS WHEREOF, these presents are hereby signed this (,
day of', ,. , " -. 20 ' i
GRANTOR:
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f . / '
J,td---tfk. ./atu-
CSan Bernardino
/
/
(
(Attach Notary Certificate)
2
CALIFORNIA NOTARY ACKNOWLEDGMENT
State of California
County of San Bernardino
} ~
On ~+. ~ d-DO \ . before me, ':SUSIt10 M. ScJf~R-~ '1 personally
appeare -j \+h J '....t.L'€5 personally known to me .{oF--
pro' led to lilt:: un tht:: L,..sia af satisfactory e"ide"cA} to be the person(~
whose nam~ isiaf:e subscribed to the within instrument and acknowledged
to me that he8they executed the same in histliiffitheir authorized
capacity~ and that by h~eir signature~ on the instrument the
person~ or the entity upon behalf of which the person~ acted, executed
the instrument.
WITNESS my hand and official seal
f~.::"'~;h SUSAN M. SCHRAMM' t
.' 'I!>(~\ -
""" :r~~-;.:!;,\,:-\::\ COMM #1193382 Z
~ :(t:Ct :,,~. NOT ARV PUBUC . CALlfQRN'A i:
~ ~~V SAN .ERNARDINO COUNTV J
I Mv Commission Expires August 14, 2002
~ In ~t~
(This area for official notarial seal)
\fonns\exam\acknowledgment
Exhibit "A"
Sheet 1 of 3
Legal Description
(South Pennanent Non-Exclusive Easement)
In the County of San Bernardino, State of California, being a portion of Government Lot 6,
Section 19, Township 1 North, Range 3 West, San Bernardino Meridian, as per plat on file in the
Government Land Office and a portion ot Lot 5, Map of West Highlands, on file in Book 5 ot
Maps, Page 77, records of said County, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, 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 centerline ot said Sterling
Avenue to the intersection of the north line of Muscupiabe Rancho and said centerline of
Sterling Avenue as shown on Tract Map No. 11857, filed in Book 185, pages 42 through 49,
inclusive, of said Tract Maps, records of said County, said point being on the southerly
projection of the west line of said Government Lot 6;
thence along said west line and its southerly projection, North 00031'23" West, 504.71 feet to
the TRUE POINT OF BEGINNING;
thence North 80033'09" East, 48.47 feet;
thence South 61040'21" East, 14.14 feet;
thence North 53044'29" East, 121.50 feet;
thence Sooth 79040'14" East, 16.69 feet;
thence South 54040'34" West, 113.76 feet to the beginning of a curve, concave northeasterly,
having a radius of 71.00 feet;
thence along said curve, an arc length ot 189.29 feet, through a central angle of 152045'17";
. thence non-tangent to said curve, South 00000'00" West, 446.44 feet;
thence South 39048'00" East, 59.78 feet;
thence South 49018'36" West, 50.89 feet to a point on the northerly line at Foothill Drive, said
point being distant 179.27 feet southeasterly measured along said northerly line from the
intersection of said Foothill Drive easterly and said Sterling Avenue;
thence along said northerly line, North 45027'05" West, 105.20 feet;
thence North 44029'03" East, 35.50 feet;
thence North 06003'03" West, 331.81 feet;
thence South 89028'40" West, 45.46 feet to a point on said west line of Government Lot 6, said
point being distant 220.76 feet southerly measured along said west line from the TRUE POINT
OF BEGINNING;
l:\94065\PERM_ESMT _AOOC
Exhibit "A"
Sheet 2 of 3
thence along said west line, North 00031'23" West, 220.76 feet to the TRUE POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above described property.
The land herein described contains 1.23 acres.
Date
s mblorski, L.S. 4430
~~ }"';'" 09-30-01
~ ~/
L:\94065\PERM_ESMT_A.OOC
direction, in conformance with the
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
PERMANENT EXCLUSIVE EASEMENT GRANT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a perpetual, permanent, and
exclusive easement hereinafter described, to construct,
reconstruct, remove, replace, alter, add to, repair, maintain,
operate; and use, one or more roads, wells, tanks, reservoirs,
pipelines, vaults, and pumping and/or chlorinating stations,
together with braces, connections, fastenings, communication lines,
electric power cables, telemetry systems, and other appliances,
appurtenances, and fixtures in connection therewith or appurtenant
thereto, for the production, storage, treatment, transmission, and
distribution of water and electric power on, under, along, above,
and across that certain real property located in the County of San
Bernardino, State of California, and described and depicted on the
legal description and map attached hereto as Exhibit "A" and by
this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
1
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, for as long as
Grantee desires to exercise the same, and Grantee may assign the
rights and easement herein granted, either in whole or in part,
subject to the terms of this grant.
Any wells, tanks, pipelines, cables, and other structures and
appurtenances installed and constructed pursuant to this easement
shall at all times remain the property of Grantee notwithstanding
that the same may be annexed or affixed to the freehold, and shall
at any time and from time to time be removable, in whole or in
part, by Grantee and its successors or assigns.
Grantor reserves the right to full use and enjoyment of said
premises, except for the purposes herein granted, provided that
such use and enjoyment shall not hinder, conflict, or interfere
with the exercise of Grantee's rights hereunder, and that no
excavation, building, structure, or obstructions shall be
constructed on the said easement without Grantee's written consent.
Grantor shall be solely responsible for the payment of any and all
costs associated with the replacement or restoration of any
excavation, building, structure, or obstruction that is damaged or
destroyed as a result of Grantee's reasonable exercise of the
rights granted herein.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners 'of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County.
IN WITNESS WHEREOF, these presents are hereby signed this ~~
day of .'"".,.." , 20~
GRANTOR:
(Attach Notary Certificate)
,,',.:.
.Jit
//
(
2
CALIFORNIA NOTARY ACKNOWLEDGMENT
State of California
County of San Bernardino
} ~
On ~p+. t:? ~~ MLbefore me, S;~1'rAJ 1'1. SVcf/1eltl'"1 11 personally
appeared ...J ~ \ e. 5 personally known to me..(oL.
pr9\'eel Lv me- an tI:le h....i.. of ..ati..factory ..virl...,ce) to be the person~
whose name1id islal:e subscribed to the within instrument and acknowledged
to me that - he/liliSlthey executed the same in hi~eir authorized
capacity(~, and that by his/~eir signatureM. on the instrument the
person(1Q, or the entity upon behalf of which the person(~ acted, executed
the instrument.
WITNESS my hand and official seal
~llILA 'oY\.k~
!~/';'t~:q, SUSAN M. SCHRAMM 1
;-';;:{':". "':~ COMM, "1193382 Z
~ -\",~ NOT ARV PUBLtC . CALIFORNIA l
-~::- SAN BERNARDINO COUNT.., _
l My Commission hpi,es August 1 ~. 2002 I
(This area for official notarial seal)
\forms\exam\acknowledgment
Exhibit II AU
Sheet 1 of 3
Legal Description
(North Permanent Easement)
In the County of San Bernardino, State of California, being portions of Government Lots 5 and
6, 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, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, 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 centerline of said Sterling
Avenue to the intersection of the north line of Muscupiabe Rancho and said centerline of
Sterling Avenue as shown on Tract Map No. 11857, filed in Book 185, pages 42 through 49,
inclusive, of said Tract Maps, re<;ords ot said County, said point being on the southerly
projection of the west line of said Government Lot 6;
thence along said west line and its southerly projection, North 00031'23" West, 504.71 feet to
the TRUE POINT OF BEGINNING, said point hereinafter referred to as Point "A";
thence North 80033'09" East, 48.47 feet;
thence South 61040'21" East, 14.14 feet;
thence North 53044'29" East, 121.50 feet;
thence SoCith 79040'14" East, 16.69 feet;
thence North 54040'34" East, 63.99 feet;
thence North 71011 '17" East, 187.61 feet to the beginning of a curve, concave westerly, having
a radius of 113.00 feet;
thence along said curve, an arc length of 329.54 feet, through a central angle of 16r05'20";
thence South 84005'57" West, 87.67 feet;
thence North 00000'00" East, 140.00 feet;
thence North 69029'01" East, 160.00 feet;
thence North 00000'00" East, 150.00 feet;
thence North 59036'22" West, 295.00 feet;
thence South 4r04'22" West, 151.99 feet to a point on the northerly projection of the easterly
line of said Sterling Avenue, as shown on said Tract Map as "N.13058'OO"E. 372.00";
thence along said easterly line and its northerly projection, South 13031'10" West, 248.54 feet to
the intersection of said west line of Government Lot 6 and said easterly line of Sterling Avenue,
said point being distant 528.14 feet northerly measured along said west line from the TRUE
POINT OF BEGINNING;
L:\94065\PERM_ESMT _B.OOC
Exhibit" A"
Sheet 2 of 3
thence along said west line, South 00031'23" East, 528.14 feet to the TRUE POINT OF
BEGINNING.
Excepting theretrom that portion of the said Government Lot 6, described as follows:
COMMENCING at said Point "A", said point being on said west line of Government Lot 6;
thence along said west line, North 00031'23" West, 53.81;
thence North 89028'37" East, 55.99 feet to the TRUE POINT OF BEGINNING;
thence North 54040'34" East, 178.45 teet;
thence North 71011'17" East, 195.74 feet to the beginning ot a curve, concave westerly, having
a radius of 57.00 feet;
thence along said curve, an arc length of 166.23 feet, through a central angle of 16rOS'20";
thence South 84005'57" West, 128.07 feet;
thence North 34009'07" West, 131.58 feet;
thence South 23005'54" West, 180.00 feet;
thence South 09031'47" West, 210.00 feet to the TRUE POINT OF BEGINNING;
See sheet 3 of 3 for a plat depicting the above described property.
The land herein described contains 5.50 acres.
Date
direction, in conformance with the
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Recorded at the request of:
EAST VALLEY WATER DISTRICT
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When recorded, mail to:
East Valley Water District
1155 Del Rosa Avenue
P.O. Box 3427
San Bernardino, CA 92413
Attn: Robert E. Martin
General Manager
Document Transfer Tax $ None
(Exempt - Chapter 1108 Statute 1969)
TEMPORARY CONSTRUCTION EASEMENT
BY THIS INDENTURE, the CITY OF SAN BERNARDINO (hereinafter
referred to as the "Grantor"), for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the EAST VALLEY WATER
DISTRICT, a public agency (hereinafter referred to as the
"Grantee"), its successors and assigns, a temporary easement
hereinafter described, for construction purposes on, under, along,
above, and across that certain real property located in the County
of San Bernardino, State of California, and described and depicted
on the legal description and map attached hereto as Exhibit "A" and
by this reference made a part hereof.
This grant shall carry with it the right to excavate, inspect,
and store materials on the site of the easement, install fencing
and use the gates on and around the perimeter of the easement, mark
the location of said easement by suitable markers set and
maintained in the ground at locations deemed necessary by Grantee,
use such lands of the Grantor adjacent to either side of the
easement as may reasonably be required by Grantee in connection
with the exercise of the rights granted herein, and the right of
ingress to and egress from the said easement across all access
roads and the lands of the Grantor for all purposes useful or
convenient in connection with or incidental to the exercise and
enjoyment of the rights herein granted.
TO HAVE AND TO HOLD the above-described rights and easement
unto the Grantee, its successors and assigns, until completion of
the construction of a reservoir and appurtenant facilities by
Grantee.
1
Grantor reserves the right to full use and enjoyment of said
premises, except for the purposes herein granted, provided that
such use and enjoyment shall not hinder, conflict, or interfere
with the exercise of Grantee's rights hereunder, and that no
excavation, building, structure, or obstructions shall be
constructed on the said easement during the term thereof without
Grantee's written consent.
Grantor represents, covenants, and warrants that the
undersigned which is/are shown on record in said County as owners
in fee simple of the lands hereinabove described are indeed the
owners of such fee simple title, subject only to outstanding
encumbrances, if any, now on record in said County.
IN WITNESS WHEREOF, these presents are hereby signed this ,~
day of -' 20_
GRANTOR:
/;
!tUrA. u-
of San Bernardino
(Attach Notary Certificate)
(tit
2
CALIFORNIA NOTARY ACKNOWLEDGMENT
State of California
County of San Bernardino
} Ii
On ~fl\-. \0) d-- 00 1 "efore me, SLA.S/\ N V'{. Sc.1\r<J:\1-1l'1 personally
appeared ~ Ll 'L-\-~ Cl.\ \05 personally known to me ~
prnv"'d tg IRe OR the basis of sati..f",,,,tnry Aviden"'A) to be the person()Q
whose nameCJ4 ishH=e subscribed to the within instrument and acknowledged
to me that he~/they executed the same in his@their authorized
capacit9f;8&), and that by his~their signature~on the instrument the
person~, or the entity upon behalf of which the personM acted, executed
the instrument.
WITNESS my hand and official seal
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_~'/'\7~?:- SUSAI\I M. SCHRAMM t
:iR;:~:' ~:~ COMM. "1193382 2:
2 \;;J?f; NOT ARV PUBLIC - CALIFORNIA ~
- <,,"!';;"..V SAN BERNARDINO COUNTY ...
J My Commission Expires August 14, 2002 t
(This area for official notarial seal)
\fonns\exam\acknowtedgment
Exhibit HAlt
Sheet 1 of 3
Legal Description
(Temporary Easement)
In the County of San Bernardino, State of California, being portions of Government Lots 5 and 6,
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, described as follows:
COMMENCING at the centerline intersection of Sterling Avenue and Foothill Drive westerly, as
shown on Tract No. 11857, tiled in Book 185 of Maps, Pages 42 through 49 inclusive, records of
said County; thence North 00032'35" West, a distance of 130.35 feet along the centerline of said
Sterling Avenue to the intersection of the north line of Foothill Drive easterly and said centerline
of Sterling Avenue, said intersection being the TRUE POINT OF BEGINNING;
thence North 00032'35" West, 18.98 feet to the intersection of the west line of said Government
Lot 6 and the north line of Muscupiabe;
thence North 00031 '23" West, 1461.10 feet along the west line of said Government Lots 5 and 6;
thence South 87047'57" East, 497.83 feet;
thence South 00000'00" West, 731.29 feet;
thence South 65057'05" West, 284.93 feet;
thence South 00031'23" East, 311.93 feet;
thence South 90000'00" East, 270.67 feet;
thence South 00000'00" West, 337.00 feet;
thence North 90000'00" West, 245.37 feet;
thence South 49019'21" West, 115.56 feet to the center section line of said Section 19;
thence North 89048'01" West, 32.54 feet along said center section line to said north line of East
Foothill Drive;
thence North 45027'05" West, 185.07 feet along said north line to the TRUE POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above described property.
L:\9406S\TEMPORARY _EASEMENT.DOC
The land herein described contains 15.02 acres.
Exhibit "A"
Sheet 2 of 3
This real property h
Professional Lan
irection, in conformance with the
L:\94065\TEMPORARY _EASEMENT,DOC
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