HomeMy WebLinkAbout1997-373
,
RESOLUTION NO, 97-373
2
3
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING TEMPORARY AND PERMANENT EASEMENTS TO
4 THE METROPOLITAN WATER DISTRICT, AND AUTHORIZING THE MAYOR TO
5 ENTER INTO A PURCHASE AND SALE AGREEMENT FOR SALE OF TEMPORARY
AND PERMANENT EASEMENTS TO THE METROPOLITAN WATER DISTRICT.
6
WHEREAS, the City of San Bernardino owns that certain property located in Devil
7
Canyon and more fully described in Exhibits I and 2 to this Resolution;
8
WHEREAS, the City of San Bernardino has dedicatcd that certain property described in
9
Exhibits land 2 for use by the City of San Bernardino Municipal Water Department;
10
11
12
13
14
15
WHEREAS, the Metropolitan Water District has offered to purchase temporary and
permanent easement rights as more fully described in Exhibits 1 and 2 to this Resolution;
WHEREAS, the acquisition of property by the Metropolitan Water District is necessary
for construction of its Inland Feeder project;
WHEREAS, the offer to purchase has been determined to be fair and equitable;
WHEREAS, on November 18, 1997, the Board of Water Commissioners approved the
16
purchase and sale of the temporary and easement rights as more fully described in Exhibits I and
17
2 to this Resolution;
18
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
19 THE CITY OF SAN BERNARDINO AS FOLLOWS:
20
21
SECTION ONE:
The City of San Bernardino hereby grants to the Metropolitan
Water District a Temporary Easement as more fully described in Exhibit 1, attached hereto and
22
incorporated herein by reference as though fnlly set forth at length herein. Said Grant of
23
Temporary Easement, attached hereto as Exhibit 3, is hereby approved.
24
25
SECTION TWO:
The City of San Bernardino hereby grants to the Metropolitan
Water District a Permanent Easement as more fully described in Exhibit 2, attached hereto and
26
incorporated herein by reference as though fully set forth at length herein. Said Grant of
27
Perrnanent Easement, attached hereto as Exhibit 4, is hereby approved,
28
1
'" I -"_
97-373
A RESOI:UTION GRANTING TEMPORARY AND PERMANENT EASEMENTS TO THE METROPOLITAN WATER
DISTRICT, AND AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR SALE
OF TEMPORAR Y AND PERMANENT EASEMENTS TO TilE METROPOLITAN WATER DISTRICT.
2 SECTION THREE: The Mayor and City Clerk of the City of San Bernardino are
3 hereby authorized and directed to execute the Agreement of Purchase and Sale and Joint Escrow
4 Instructions, attached hereto as Exhibit 5 and incorporated herein by reference as though fully set
5 forth at length herein.
6 SECTION FOUR: The Mayor and City Clerk of the City of San Bernardino are
7 hereby authorized and directed to execute the Temporary Easement Deed attached hereto as
8 Exhibit 3 and incorporated herein by reference as though fully set forth at length herein,
9
The Mayor and City Clerk are hereby authorized and directed to
SECTION FIVE:
10 execute the Permanent Easement Deed attached hereto as Exhibit 4 and incoporated herein by
11 reference as though fully set forth at length herein.
12 I I I
13 I I I
14 I I I
15 I I I
16 I I I
17 I I I
18 I I I
19 I I I
20 I I I
21 I I I
22 I I I
23 I I I
24 I I I
25 I I I
26 I I I
27 I I I
28
2
I
:97-373
A RESOLUTION GRANTING TEMPORARY AND PERMANENT EASEMENTS TO TIlE METROPOLITAN WATER
DISTRICT, AND AUTHORIZING THE MA YOR TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR SALE
OF TEMPORARY AND PERMANENT EASEMENTS TO THE METROPOLITAN WATER DISTRICT.
1
2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council of the City of San Bernardino at a joint regular meeting thereof, held
4 on the 15th day of December , 1997, by the following vote to wit:
5 AYES NAYS ABSENT ABSTAIN
6 NEGRETE x
7 CURLIN x
8 ARIAS x
9 OBERHELMAN x
10 DEVLIN x
11 ANDERSON x
12 MILLER x
13
14
~, UtL;Jo,J
CIT CLERK
The foregoing resolution is hereby approved this /7-11 day of December
.
,1997,
15
16
17
18
19
APPROVED AS TO FORM
20 AND LEGAL CONTENT:
21
JAMES F. PENMAN
22 City Attorney
23 .O~
24
25
26
27
fi 28
3
'~~1J!~~
T MINOR, MAYOR
City of San Bernardino
97-373
. EXHIBIT B
"THS MAP IS TO BE ATTACHED TO THE LEGAL OESCRFTION"
POR. SEC, 5 8< POR. SEC, 6, T. 1 N.. R. 4 W" RANCHO MUSCUPIABE,
M.B, 7, PAGE 23, CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
T2N R4W 31 32
TlN R4W 6 5
~
:v
~
i .;
& j tl
... ill! <c
.; 1>'
.{,., ~ 8'''
(J#U
#!.,"i ~
o Cb
....
S Q.C"
"
!:'
Ji
33 120TEA2
LEGEND
~/ / /~ TEMPORARY EASEMENT
/ / / INf"EOl-3.3.120TEAl - <8.092 ACS,)
- - - - INfEOI-33-120TEA2 - (4.329 ACS,)
INfEOl-33-120TEA3 - (0.163 1>[;.)
112,584 1>[;, TOTAL)
33-120TEAl
VICINITY MAP
cfsrrE
.:...'....
....
P,L,S, 6241
PREPARED UNDER
MY SUPERVISION
'.,'
NOT TO SCALE
M-26
T,P.O,B,
(TEAll
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
INLAND FEEDER
TEMPORARY EASEMENT
CITY Of SAN BERNARDINO
TO
MWD
INfEDI-33-120TEAl. TEA2, TEA3
10-05-9~ LK/PCW
:?
,
t
/~h;#.7
NOT TO SCALE
DATE
/ '3 dl"w/inland/row/ exhibl J 3/ 120tea l.dgn
97-373
EXHIBIT A
INFEDl-33-120TEA1
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921 said map also being County Surveyor Map No. 1780
and marked by a 4-x 4- iron post, concrete filled, 2' above
the surface, marked on the northside ~SBFR27-R4WS5- and on
the souths ide ~RM- as shown by County Surveyors Plat No.
. 7145; thence along the easterly Rancho line S 000 46' 29- E
73.35 feet to the TRUE POINT OF BEGINNING; thence
continuing along the easterly Rancho line S 000 46' 29# E
778.01 feet; thence leaving said Rancho line
N 860 12' 05- W 939.11 feet; thence N 500 16' 12- W 1120.36
feet; thence N 390 43' 48- E 50.00 feet; thence S 500 16'
12- E 631.98 feet; thence N 390 43' 48# E 5.00 feet; thence
S 500 16' 12# E 223,45 feet; thence S 860 12' 05" E 779,29
feet; thence N 500 26' 40" E 190,57 feet; thence N 080 01'
09" E 453,91 feet; thence S 810 58' 51" E 108.35 feet to
said easterly Rancho line and the TRUE POINT OF BEGINNING.
INFEDl-33-120TEA2
City.of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Page 1 0 f 3
97-373
INFED1-~3-120TEA2
City of San Bernardino
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921, said map also being County Surveyor Map No. 1780
and marked by a 4.x 4. iron post, concrete filled, 2' above
the surface, marked on the northside .SBFR27-R4WS5. and on
the souths ide .RM. as shown by County Surveyors Plat
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map N 070
05' 12. E 437.58 feet; thence leaving said Rancho line
N 810 58' 51. W 260.02 feet to the TRUE POINT OF BEGINNING;
thence S 080 01' 09. W 942.39 feet; thence S 500 26' 40. W
65.25 feet; thence N 860 12' 05. W 612.43 feet; thence
N 500 16' 12. W 347.69 feet to the southerly line of that
certain parcel of land conveyed to the State of California
by Grant Deed recorded August 27, 1974 in Book 8503, page 1
of Official Records of said County; thence coincident with
said parcel S 890 59' 54. E 86.05 feet; thence leaving said
. parcel S 500 i6' 12. E 221.07 feet; thence S 860 12' 05. E
483.60 feet; ,thence N 080 01' 09. E 459.23 feet; thence
S 810 58' 51. E 125.00 feet; thence N 080 01' 09. E 462.26
feet; thence S 810 58' 51. E 70.00 feet to the TRUE POINT
OF BEGINNING.
INFED1-33-120TEA3
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921, said map also being County Surveyor Map No. 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WS5" and on
the souths ide "RM" as shown by County Surveyors Plat
Page 2 0 E 3
97-373
INFEDl-33-120TEA3
City of San Bernardino
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map
N 070 05' 12- E 437.58 feet; thence leaving said Rancho
line N 810 58' 51- W 260.02 feet; thence S 089 01' 09- W
942.39 feet; thence S 500 26' 40- W 65.25 feet; thence
N 860 12' 05- W 612.43 feet; thence N 500 16' 12- W 347.69
feet to the southerly line of that certain parcel of land
conveyed to the State of California by Grant Deed recorded
August 27, 1974 in Book 8503, page 1 of Official Records of
said County; thence coincident with said parcel N 890 59'
54- W 98.12 feet; thence N 440 13' 53- W 265.20 feet;
thence N 060 00' 13- E 41.86 feet to the TRUE POINT OF
BEGINNING; thence leaving said parcel N 500 16' 12- W
147.80 feet; thence N 390 43' 48- E 55.00 feet; thence
S 500 16' 12- E 111.08 feet to the westerly line of said
last mentioned parcel; thence coincident with said parcel
S 060 00' 13- W 66.13 feet to the TRUE POINT OF BEGINNING.
G. iseman P.L,S, 6241
AlA$-
PREPARED UNDER MY SUPERVISION
Date<
PGW\p:\. .\infedl\33\legal\r120teal.doc rev2
October 05, 1995
Page 3 of 3
97-373
EXHIBIT B
-THS lINt IS TO IE ATTACHED'TO THE LECAL DESCRPTION" P.,. 1 or 1
POR. SEC. 5 .. POR. SEC. 6. T. 1 N.j, R. 4 W.. RANCHO MUSCUPIABE.
M.B. 7. PAGE 23. CITY uF SAN BERNARDINO.
COUNTY OF SAN BERNARDINO. STATE OF CAliFORNIA
~!'A
PERMANENT EASEMENT
INFED1-33-120PEA1
(11.755 ACS.)
T2N Ro4W
TIN Ro4W
3132
6 5
~
g:
a
~
~
~
. "
~';t
8~c..~
.:,""Ii:/i
,,?,i' .
~ -0:-
()!.. ()'
Iii 0 ..
<G'I:! f:>
"('Il:
t;t]
~
€
~
:k
,
'"
cJ
~
~ui
eg
g...
III()
8~1II
'IIlU
::: Q.
....-
oo~
"'>-.....
~o~
NOT TO SCALE
LEGEND
100'
P.O,S,
-26
o
J:
U
~
a::
VICINITY MAP
PREPARED UNDER
MY SUPERVISION
NO'I' TO IeALI
1~h7
THE METROPOLITAN WATER DISTRICT
OP SOUTHERN CALIPORNIA
INLAND FEEDER
PERMANENT EASEMENT
CITY OP SAN BERNARDINO
TO
MWD
IN PEDI-33-120PEA I
8/13/97 LK/PGW
DATE
Isvrr.,/inlond/row/e.hib/33/120peo1.dqn
97-373
EXHIBIT A
INFEDl-33-120PEA1
Permanent Easement
City of San Bernardino
Those portions of Sections 5 and 6, Township 1
North, Range 4 West of the Rancho Muscupiabe in the City of
San Bernardino, County of San Bernardino, State of
California as shown on map recorded in Book 7, page 23 of
Maps records of said County,all lying within that property
conveyed to the City of San Bernardino by Deed recorded June
30, 1921 in Book 724, page 8 of Deeds records of said
County, described as follows:
Beginning at corner M-26 as shown on Licensed Land
Surveyors Map prepared by George E. Sherer dated June 15,
1921, said map also being County Surveyor Map No. 1780 and
marked by a 4"x 4" iron post, concrete filled, 2' above the
surface, marked on the northside ~SBFR27-R4WS5" and on the
southside ~RM" as shown by County Surveyors Plat No. 7145;
thence along the easterly Rancho line between said corner
M-26 and corner M-25 as shown on said Map N 070 05' 12" E
487.58 feet; thence leaving said Rancho line N 810 58' 51n W
109.52 feet; thence N 080 01' 09n E 110.95 feet to the
beginning of a tangent curve concave southeasterly, having a
radius of 1150 feet; thence northeasterly 483,31 feet along
said curve to said easterly Rancho line; thence along said
easterly Rancho line N 070 05' 12" E 204.00 feet to the
beginning of a non-tangent curve, concentric with and 100.00
feet northwesterly of said last mentioned curve, concave
southeasterly, having a radius of 1250 feet, a radial line
to said beginning bears N 490 23' 46" W; thence leaving said
Rancho line southwesterly 710.89 feet along said curve;
thence tangent to said last mentioned curve S 080 01' 09" W
110,95 feet; thence N 810 58' 51n W 49.68 feet; thence S 080
01' 09" W 992.39 feet; thence S 500 26' 40" W 65.25 feet;
thence N 860 12' 05" W 612.43 feet; thence N 500 16' 12" W
347.69 feet to a point on the southerly line of that certain
parcel of land conveyed to the State of California by Grant
Deed recorded August 27, 1974 in Book 8503, page 1 of
Official Records of said County; thence coi~cident with said
parcel N 890 59' 54" W 98.12 feet; thence N 440 13' 53" W
265.20 feet; thence N 060 00' 13" E 41.86 feet; thence
leaving said parcel N 500 16' 12" W 147.80 feet; thence
Page 1 of 2
97-3B
EXHIBIT A
INFEDl-33-120PEA1
Permanent Easement
City of San Bernardino
S 390 43' 48. W 155.00 feet; thence S 500 16' 12. E 631.98
feet; thence N 390 43' 48. E 5.00 feet; thence S 500 16'
12. E 223.45 feet; thence S 860 12' 05. E 779.29 feet;
thence N 500 26' 40. E 190.57 feet; thence N 080 01' 09. E
453.91 feet; thence S 810 58' 51. E 108.35 feet to said
easterly Rancho line; thence N 000 46' 29. W 73.35 feet to
the point of beginning.
Date
Wiseman P.L.S. 6241
fh~,7
PGW\p:\..\infedl\33\legal\r2120pea.doc
August 13, 1997
Page 2 of 2
97-373
EXHIBIT C
Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ NONE
(Exempt--Section 11922, California
Revenue and Taxation Code)
TEMPORARY EASEMENT DEED
MWD Parcels INFEDl-33-120TEA1, -TEA2 and -TEA3
Assessor's Parcel No. 151-241-019
The CITY OF SAN BERNARDINO, a municipal corporation (Grantor),
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee),
an exclusive Temporary Easement to use the property in the City
of San Bernardino, County of San Bernardino, State of California,
more specifically described in Exhibit "A" and shown on the
attached Temporary Easement Map labeled Exhibit "B" (Property)
both attached hereto, and by this reference, made a part hereof
for the construction of a capital improvement project by the
Grantee on land other than such described Property.
This grant is subject to the following conditions:
1. Reasonable access to Grantor's Property across this
Temporary Easement shall be maintained by Grantee at all times
during the term of this Easement.
EXHIBIT -1-
97-373
Temporary Easement Deed -2-
MWD INFED1-33-120TEA1
-TEA2, and -TEA3
APN 151-2~1-019
2. Such right shall be exercised for a period of seven
years commencing on the date this Temporary Easement Deed is
recorded in the Office of the County Recorder of San Bernardino
County.
3. Grantor hereby reserves the exclusive right to use and
maintain five conduits across this easement for the purposes of
water transmission and distribution at the locations identified
in Grantee's construction plans (attached hereto). A final,
stamped copy of said plans shall be kept at Grantee's main
offices, which are presently located at:
The Metropolitan Water District of Southern California
Engineering Records Department
350 South Grand Avenue, Sixth Floor
Los Angeles, California 90071
Grantor shall have the right to reconstruct and/or
relocate the aforementioned conduits subject to the review and
written approval of Grantee; such approval not to be unreasonably
withheld or delayed.
4. At the expiration of the Temporary Easement, Grantee
shall restore such Property to a condition as near as practicable
to the condition that existed immediately prior to Grantee's
operations. Grantee shall not be required to restore vegetation
to the pre-existing condition, but shall establish vegetation for
erosion control on the Property at the termination of this
Temporary Easement in accordance with the Environmental Impact
Report and Grantee's specifications.
I
I
/
/
I
I
I
I
I
/
I
.97-373
Temporary Easement Deed -3-
MWD INFEDl-33-120TEA1
-TEA2. and -TEA3
APN 151-241-019
Dated:
/-7~7J1
CITY OF SAN BERNk~DINO.
a~u~i~al corporation
By:/~
,
fof'/l MINOR.. ,11t4,/O!2-
(Print Name and Title)
By:
(Print Name and Title)
Authorized by MWD Administrative Code Section 8221(g)
SEV/33120TEA/wbetd~
97-373
977373
EXHIBIT A
INFEDl-33-120TEA1
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Oeed recorded June 30, 1921
in Book 724, page 8 of Oeeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921 said map also being County Surveyor Map No. 1780
and marked Py a 4"x 4- iron post, concrete filled, 2' above
the surface, marked on the northside -SBFR27-R4WSs" and on
the souths ide -RH" as shown by County Surveyors Plat No.
7145; thence along the easterly Rancho line S 000 46' 29" E
73.35 feet to the TRUE POINT OF BEGINNING; thence
continuing along the easterly Rancho line S 000 46' 29" E
778.01 feet; thence leaving said Rancho line
N 860 12' 05- W 939.11 feet; thence N 500 16' 12" W 1120.36
feet; thence N 390 43' 48" E 50.00 feet; thence S 500 16'
12" E 631.98 feet; thence N 390 43' 48" E 5,00 feet; thence
S 500 16' 12" E 223.45 feet; thence S 860 12' OS" E 779.29
feet; thence N 500 26' 40" E 190,57 feet; thence N 080 01'
09" E 453.91 feet; thence S 810 58' 51" E 108,35 feet to
said easterly Rancho line and the TRUE POINT OF BEGINNING.
INFED1-33-120TEA2
City.of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Page 1 of 3
I'
97-373
INFED1-33-120TEA2
City of San Bernardino
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921, said map also being County Surveyor Map No. 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside .SBFR27-R4WS5. and on
the souths ide .RM" as shown by County Surveyors Plat
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map N 070
OS' 12" E 437.58 feet; thence leaving said Rancho line
N 810 58' 51. W 260.02 feet to the TRUE POINT OF BEGINNING;
thence S 080 01' 09. W 942.39 feet; thence S 500 26' 40. W
65.25 feet; thence N 860 12' 05. W 612.43 feet; thence
N 500 16' 12. W 347.69 feet to the southerly line of that
certain parcel of land conveyed to the State of California
by Grant Deed recorded August 27, 1974 in Book 8503, page 1
of Official Records of said County; thence coincident with
said parcel S 890 59' 54. E 86.05 feet; thence leaving said
. parcel S 500 16' 12" E 221.07 feet; thence S 860 12' 05. E
483.60 feet; thence N 080 01' 09" E 459.23 feet; thence
S 810 58' 51. E 125.00 feet; thence N 080 01' 09" E 462.26
feet; thence S 810 58' 51. E 70.00 feet to the TRUE POINT
OF BEGINNING.
INFED1-33-120TEA3
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
IS, 1921, said map also being County Surveyor Map No. 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WSS" and on
the souths ide "RM" as shown by County Surveyors Plat
Page 2 0 E 3
97-373
-'I ','
INFEDl-33-120TEA3
City of San Bernardino
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map
N 070 05' 12- E 437.58 feet; thence leaving said Rancho
line N 810 58' 51- W 260.02 feet; thence S 080 01' 09- W
942.39 feet; thence S 500 26' 40- W 65.25 feet; thence
N 860 12' 05- W 612.43 feet; thence N 500 16' 12- W 347.69
feet to the southerly line of that certain parcel of land
conveyed to the State of California by Grant Deed recorded
August 27, 1974 in Book 8503, page 1 of Official Records of
said County; thence coincident with said parcel N 890 59'
54- W 98.12 feet; thence N 440 13' 53- W 265.20 feet;
thence N 060 00' 13- E 41.86 feet to the TRUE POINT OF
BEGINNING; thence leaving said parcel N 500 16' 12- W
147.80 feet; thence N 390 43' 48- E 55.00 feet; thence
S 500 16' 12- E 111.08 feet to the westerly line of said
last mentioned parcel; thence coincident with said parcel
S 060 00' 13- W 66.13 feet to the TRUE POINT OF BEGINNING.
G. iseman P,L.S. 6241
A?~$-
PREPARED UNDER MY SUPERVISION
Date'
PGW\p:\. .\infedl\33\legal\r120teal.doc rev2
October 05. 1995
Page 3 0 f 3
97-373
. EXHIBIT 'B .
"THIS MAP IS TO BE ATTACHED TO THE LEC~ DESCRPTION"
POR. SEC, 5 S. POR, SEC. 6, T. 1 N., R. 4 W., RANCHO MUSCUPIABE.
M,B, 7, PAGE 23, CITY OF SAN BERNARDINO.
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
T2N R4W 31 32
TIN R4W
6 5
NOT TO SCALE
.-LS/Tc
(l)
A ~
J~' ;;i
~!If 'll
, 1$.0 c.'
~ rq
~ 8' Qf
'" ~..
lis,:>'
1::'-,>
.,:'" <t-
Oo ~
~
~
ct
T,P.O,B,
<TEAll
LEGEND
r~ ~/I ~~'fo?.!llf-i25m~~~~092 ACS,)
~ ~ INfEDl-33-120TEA2 - (4.329 ACS,I
INFEDl-33-120TEA3 - (0.163 AC.)
(12.584 Ae, TOT All
VICINITY MAP
PREPARED UNDER
MY SUPERVISION
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
1
,
6241
INLAND FEEDER
TEMPORARY EASEMENT
CITY OF SAN BERNARDINO
TO
MWD
INFEDI.33-120TEAI. TEA2. TEA3
10-05-95 LK/PGW
NOT TO SCALE
/~-4~J
DATE
IS Ir(w/inlond/rowl exhib/33/120teo1.dgn
97-373
EXHIBIT C
Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ None
(Exempt--Section 11922, California
Revenue and Taxation Code)
PERMANENT EASEMENT DEED
MWD Parcel INFEDl-33-120PEA1
Assessor's Parcel No. 151-241-019
The CITY OF SAN BERNARDINO, a municipal corporation (Grantor),
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee),
a permanent easement to construct, reconstruct, maintain,
operate, enlarge, remove, and replace, a line or lines of pipe at
any time and from time to time, for water transportation, with
every appendage or structure necessary or convenient to be
installed at any time in connection therewith, within the
property described in Exhibit A, and shown on the attached
Permanent Easement Map labeled Exhibit B (Property), both
attached hereto, and by this reference, incorporated herein,
This grant is subject to the following conditions:
1. Grantor shall not change the existing grade or
otherwise modify the topography of property affected by this
easement without prior written consent of Grantee.
EXHIBIT -2-
.97-373
Permanent Easement Deed
MWD INFEDl-33-120PEA1
APN 151-241-019
-2-
2. No building or other structure of whatever nature shall
be constructed or maintained upon any portion of the easement
area by Grantor.
3. Grantor shall not plant trees within 15 feet of the
centerline of Grantee's pipeline, Trees shall be permitted to be
planted and maintained on the remaining portion of easement area;
provided; however, that if Grantee should require use of the
remaining portion of the easement area for replacement or
relocation of its pipeline, or for a future pipeline, Grantee
shall remove any such trees and shall not permit trees to be
replanted within 15 feet of the centerline of its replaced,
relocated or future pipeline.
4 .
reasonably
easement.
Grantor's access over and across this easement
maintained by Grantee during the term of this
shall be
5. Grantor hereby reserves the exclusive right to use and
maintain five conduits across this easement for the purposes of
water transmission and distribution at the locations identified
in Grantee's construction plans (attached hereto). A final,
stamped copy of said plans shall be kept at Grantee's main
offices, which are presently located at:
The Metropolitan Water District of Southern California
Engineering Records Department
350 South Grand Avenue, Sixth Floor
Los Angeles, California 90071
Grantor shall have the right to reconstruct and/or
relocate the aforementioned conduits subject to the review and
written approval of Grantee; such approval not to be unreasonably
withheld or delayed.
/
/
/
/
/
/
/
/
/
97-373
Permanent Easement Deed
MWD INFEDl-33-120PEA1
APN 151-241-019
-3-
Dated:
/-7-1g
CITY OF SAN BERNARDINO,
a ~l C1jPX~~:,~on
By: I f'7't fl;UMAYL
.
TOM WI IN OR , YY\Pr"/ 0 f0.
(Print Name and Title)
By:
(Print Name and Title)
Authorized by MWD Administrative Code Section 8221(g)
SEV/33120PEA/wbetd568
~
EXHIBIT B
"TItS YAP IS TO BE ATTAOCo TO THE LECAI. l)(SCRPTION" Pal. I or I
POR. SEC. 5 Ir POR. SEC. 6. T. 1 N.. R. 4 W.. RANCHO MUSCUPIASE.
M.B. 7. PAGE 23. CITY OF SAN BERNARDINO.
COUNTY OF SAN BERNARDINO. ST ATE OF CALIFORNIA
T2N R4W
TIN R4W
,97-373
LEGEND
~IA
PERMANENT EASEMENT
INFE01-33-120PEA1
(11.755 ACS.)
tV
g
,
!Q
c.i
~
~lIi
~e
~:g
~~
g~~
'IIlU
::::... Q.
.!..o.
Q :::!
w>-
......
~oi!
3132
6 5
NOT TO SCALE
~
"
l~
8o()~
~.. ~ If
,,?,'r .
..:. -4;--
Q"o'
~4jo...
-'-:~f:J
"(''l:
tic?
~
~
~
€1:
a
,g
~
100'
VICINITY IIAP
PREPARED UNDER
MY SUPERVISION
r-..
241
New ,.., lICALI
~A7
DATE
Isvrr./lnlond/rO./exllib/33/120peol,d9n
w
Z
...J
P.O.S,
-26
o
J:
U
a:
THE IlETROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
INLAND FEEDER
PERMANENT EASEMENT
CITY OF SAN BERNARDINO
TO
IlWD
INFEDI-33-120PEAI
8/13/97 LK/PCW
97-373
EXHIBIT A
INFEDl-33-120PEA1
Permanent Easement
City of San Bernardino
Those portions of Sections 5 and 6, Township 1
North, Range 4 West of the Rancho Muscupiabe in the City of
San Bernardino, County of San Bernardino, State of
California as shown on map recorded in Book 7, page 23 of
Maps records of said County, all lying within that property
conveyed to the City of San Bernardino by Deed recorded June
30, 1921 in Book 724, page 8 of Deeds records of said
County, described as follows:
Beginning at corner M-26 as shown on Licensed Land
Surveyors Map prepared by George E, Sherer dated June 15,
1921, said map also being County Surveyor Map No. 1780 and
marked by a 4'x 4" iron post, concrete filled, 2' above the
surface, marked on the northside "SBFR27-R4WS5' and on the
souths ide "RM" as shown by County Surveyors Plat No. 7145;
thence along the easterly Rancho line between said corner
M-26 and corner M-25 as shown on said Map N 070 05' 12" E
487.58 feet; thence leaving said Rancho line N 810 58' 51" W
109.52 feet; thence N 080 01' 09" E 110.95 feet to the
beginning of a tangent curve concave southeasterly, having a
radius of 1150 feet; thence northeasterly 483,31 feet along
said curve to said easterly Rancho line; thence along said
easterly Rancho line N 070 05' 12" E 204.00 feet to the
beginning of a non-tangent curve, concentric with and 100,00
feet northwesterly of said last mentioned curve, concave
southeasterly, having a radius of 1250 feet, a radial line
to said beginning bears N 490 23' 46" W; thence leaving said
Rancho line southwesterly 710,89 feet along said curve;
thence tangent to said last mentioned curve S 080 01' 09" W
110.95 feet; thence N 810 58' 51" W 49.68 feet; thence S 080
01' 09" W 992.39 feet; thence S 500 26' 40" W 65.25 feet;
thence N 860 12' OS" W 612.43 feet; thence N 500 16' 12" W
347,69 feet to a point on the southerly line of that certain
parcel of land conveyed to the State of California by Grant
Deed recorded August 27. 1974 in Book 8503, page 1 of
Official Records of said County; thence coincident with said
parcel N 890 59' 54" W 98,12 feet; thence N 440 13' 53" W
265.20 feet; thence N 060 00' 13" E 41,86 feet; thence
leaving said parcel N 500 16' 12" W 147.80 feet; thence
Page 1 of 2
97-373
EXHIBIT A
INFED1-33-120PEA1
Permanent Easement
City of San Bernardino
S 390 43' 48" W 155.00 feet; thence S 500 16' 12" E 631.98
feet; thence N 390 43' 48" E 5.00 feet; thence S 500 16'
12" E 223.45 feet; thence S 860 12' 05" E 779.29 feet;
thence N 500 26' 40" E 190.57 feet; thence N 080 01' 09" E
453.91 feet; thence S 810 58' 51" E 108.35 feet to said
easterly Rancho line; thence N 000 46' 29" W 73.35 feet to
the point of beginning.
SUPERVISION
Date
Wiseman P.L.S. 6241
-P~7
PGW\p:\. .\infedl\33\legal\r2120pea.doc
August 13. 1997
Page 2 of 2
97-373
1;---- - .
I (': (J. i~~~' .:L'
i <jI.!:.B2..5
: h~_:'::: ,';.:;~ .:,~;:::-;
1998
, 9B~~M~?!
.>. ,
Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
1'.- ;,...<;;cJ
I ,_,_, .,'..., I,' ..
- j....'
! C'~':.;i:t.,,' :~:'_:::;".:r'~::''''
[5i\/(::P::':;C:E CC:j~'.:
.. ...J
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ NONE
(Exempt--Section 11922, California
Revenue and Taxation Code)
TEMPORARY EASEMENT DEED
MWD Parcels INFEDl-33-120TEA1, -TEA2 and -TEA3
Assessor's Parcel No, 151-241-019
The CITY OF SAN BERNARDINO, a municipal corporation (Grantor),
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee),
an exclusive Temporary Easement to use the property in the City
of San Bernardino, County of San Bernardino, State of California,
more specifically described in Exhibit "A" and shown on the
attached Temporary Easement Map labeled Exhibit "B" (Property)
both attached hereto, and by this reference, made a part hereof
for the construction of a capital improvement project by the
Grantee on land other than such described Property.
This grant is subject to the following conditions:
1. Reasonable access to Grantor's Property across this
Temporary Easement shall be maintained by Grantee at all times
during the term of this Easement.
EXHIBIT -3-
97-373
Temporary Easement Deed -2-
MWD INFED1-]]-120TEA1
-TEA2, and -TEA]
APN 151-241-019
2. Such right shall be exercised for a period of seven
years commencing on the date this Temporary Easement Deed is
recorded in the Office of the County Recorder of San Bernardino
County,
], Grantor hereby reserves the exclusive right to use and
maintain five conduits across this easement for the purposes of
water transmission and distribution at the locations identified
in Grantee's construction plans (attached hereto). A final,
stamped copy of said plans shall be kept at Grantee's main
offices, which are presently located at:
The Metropolitan Water District of Southern California
Engineering Records Department
350 South Grand Avenue, Sixth Floor
Los Angeles, Califo~nia 90071
Grantor shall have the right to reconstruct and/or
relocate the aforementioned conduits subject to the review and
written approval of Grantee; such approval not to be unreasonably
withheld or delayed.
4. At the expiration of the Temporary Easement, Grantee
shall restore such Property to a condition as near as practicable
to the condition that existed immediately prior to Grantee's
operations. Grantee shall not be required to restore vegetation
to the pre-existing condition, but shall establish vegetation for
erosion control on the Property at the termination of this
Temporary Easement in accordance with the Environmental Impact
Report and Grantee's specifications.
/
/
/
/
/
/
/
/
/
/
/
:J/-:J{..J
97-373
Temporary Easement Deed -3-
MWD INFEDl-33-120TEA1
-TEA2, and -TEA3
APN 151-241-019
Dated:
/ I" C',',
(-I-i,')
CITY OF S~N BERNARDINO,
a municipal corporation
----.-;---:
By; _~::.~::-~_.
\ ,"
,/': .'
'_.'[ /!-V.-f""\..._._.
f(;;'(j1(ri1!C<: ] !v[fNr;{!....
(PrlnL Name and Title)
By:
(Print Name and Title)
Authorized by MWD Administrative Code Section 8221(g)
SEV/33120TEA/wbetd569
'-
,y:
CALIFORNIA
i~~~')fS~
f>:,~il:ii,':.}:\\i'!';'Mt ,.".,i",~]1: .:-..!.",ilit""l
~:iJTy~=jiJ
A~ .-=,~,/i'f!~
'J)j,\:'::';4~~":i;i..,(;,")'\
;i~~~-=;~,\":';;'~;~;!:::;:~0Ci'
",;'.'j)"@t;,;~;i,L ...";';)n\t,,,.. .",)1
.~~~01Y ~,:P
ALL-PURPOSE
ACKNOWLEDGEMENT
5T,\TE OF C\UFORt'L\
;' ;/,"
C:OUiTY Of' .JL4/: U!:. ~ ;YJ'i. 'Cd ~"'/)
On
/-7-7%
DATE
6'LEc/'V C
NAME, TITLE OF OFFICER ..
.' . /7
0ny: t (~
E.G. "JANE DOE. NOTARY PUBLIC"
before me,
/.;, f' '/11/ . - ,.~ 1
personallyaopeared. _ LJ 71, IiI (1 1 . f 1 In \1 (~(
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person($)
whose namei,S) is/c;0 subscribed to the within instrument and acknowledged to me that he~1
yr€Y executed the same in hisll)e(r/tbeiT authorized capacity(l%), and that by his/Mrl)l:leir
signature(;lJ on the instrument the person(?}, or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
~ v' /
L/Li~'J_-/{! Xi1!.rYV' / (SEAL)
NOTARY PUBLIC SIGNATURE
} ., .0"~ ,,' ~ ~~, ~ ~ ~ - - ~ r
oi29'1: c,,"en C, Gomez 7
t,~~\.:;,:a C'~:~"1'1 #1145063 ~
~\r;t~~~Y""OTM,r '-I-,JUC CAlI""""~II!,G)
~ \ "i<..-....J7; SAN 8~HNAROINO cou~< ~'I 0
I ~~ Comm ExpJuly2,2001 .....
,~..,.....~ ~~_~~~l
~"."y,.",."."
) ""..". .w.'.."'1
:::>':,~!H!i }:~\ii':":,~
OPTIONAL INFORMATION
TITLE OR TYP~ OF D()Cl'~IE\T
DATE OF [)OCI~IF\T..
NLvIBER OF P\(,1:5
SIC\ERIS (JlIIFRf'll.\'i \.-\~IE[) .\HOVE
In
97-373
EXHIBIT A
INFEDl-33-120TEA1
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E. Sherer dated June
15, 1921 said map also being County Surveyor Map No, 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WS5" and on
the souths ide "RM" as shown by County Surveyors Plat No.
7145; thence along the easterly Rancho line S 000 46' 29" E
73.35 feet to the TRUE POINT OF BEGINNING; thence
continuing along the easterly Rancho line S 000 46' 29" E
778.01 feet; thence leaving said Rancho line
N 860 12' 05" W 939.11 feet; thence N 500 16' 12" W 1120.36
feet; thence N 390 43' 48" E 50.00 feet; thence S 500 16'
12" E 631.98 feet; thence N 390 43' 48" E 5.00 feet; thence
S 500 16' 12" E 223.45 feet; thence S 860 12' 05" E 779.29
feet; thence N 500 26' 40" E 190.57 feet; thence N 080 01'
09" E 453.91 feet; thence S 810 58' 51" E 108.35 feet to
said easterly Rancho line and the TRUE POINT OF BEGINNING.
INFEDl-33-120TEA2
City ,of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in BOOK 724, page 8 of Deeds records of said County,
described as follows:
I?age 1 0 f 3
97-373
INFEDl-33-120TEA2
City of San Bernardino
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E, Sherer dated June
15, 1921, said map also being County Surveyor Map No, 1780
and marked by a 4*x 4" iron post, concrete filled, 2' above
the surface, marked on the northside "SBFR27-R4WS5" and on
the souths ide "RM* as shown by County Surveyors Plat
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map N 070
05' 12" E 437.58 feet; thence leaving said Rancho line
N 810 58' 51* W 260.02 feet to the TRUE POINT OF BEGINNING;
thence S 080 01' 09* W 942,39 feet; thence S 500 26' 40* W
65.25 feet; thence N 860 12' 05* W 612.43 feet; thence
N 500 16' 12* W 347.69 feet to the southerly line of that
certain parcel of land conveyed to the State of California
by Grant Deed recorded August 27, 1974 in Book 8503, page 1
of Official Records of said County; thence coincident with
said parcel S 890 59' 54* E 86,05 feet; thence leaving said
parcel S 500 16' 12" E 221.07 feet; thence S 860 12' 05" E
483.60 feet; thence N 080 01' 09" E 459.23 feet; thence
S 810 58' 51" E 125,00 feet; thence N 080 01' 09" E 462.26
feet; thence S 810 58' 51" E 70.00 feet to the TRUE POINT
OF BEGINNING.
INFEDl-33-120TEAJ
City of San Bernardino
That portion of Section 6, Township 1 North,
Range 4 West of the Rancho Muscupiabe in the City of San
Bernardino, County of San Bernardino, State of California
as shown on map recorded in Book 7, page 23 of Maps records
of said County, all lying within that property conveyed to
the City of San Bernardino by Deed recorded June 30, 1921
in Book 724, page 8 of Deeds records of said County,
described as follows:
Commencing at corner M-26 as shown on Licensed
Land Surveyors Map prepared by George E, Sherer dated June
15, 1921, said map also being County Surveyor Map No, 1780
and marked by a 4"x 4" iron post, concrete filled, 2' above
the surface, marked on the northside 'SBFR27-R4WS5" and on
the souths ide "RM" as shown by County Surveyors Plat
Page 2 oE ]
97-373
INFEDl-33-120TEA3
City of San Bernardino
No. 7145; thence along the easterly Rancho line between
said corner M-26 and corner M-25 as shown on said Map
N 070 05' 12" E 437,58 feet; thence leaving said Rancho
line N 810 58' 51" W 260.02 feet; thence S 080 01' 09" W
942,39 feet; thence S 500 26' 40" W 65,25 feet; thence
N 860 12' OS" W 612,43 feet; thence N 500 16' 12" W 347,69
feet to the southerly line of that certain parcel of land
conveyed to the State of California by Grant Deed recorded
August 27, 1974 in Book 8503, page 1 of Official Records of
said County; thence coincident with said parcel N 890 59'
54" W 98.12 feet; thence N 440 13' 53" W 265.20 feet;
thence N 060 00' 13" E 41.86 feet to the TRUE POINT OF
BEGINNING; thence leaving said parcel N 500 16' 12" W
147,80 feet; thence N 390 43' 48" E 55,00 feet; thence
S 500 16' 12" E 111.08 feet to the westerly line of said
last mentioned parcel; thence coincident with said parcel
S 060 00' 13" W 66.13 feet to the TRUE POINT OF BEGINNING.
G. iseman P.L.S. 6241
~~
PREPARED UNDER MY SUPERVISION
Dat~
PGW\p:\. .\infedl\33\legal\r120teal.doc rev2
October 05. 1995
Page J of J
EXHIBIT B
"THIS MM' IS TO BE ATTACHED TO THE LEGAl DESCRIPTION"
POR, SEC, 5 & POR, SEC, 6, i, 1 N" R, 4 W, RANCHO MUSCUPIABE,
M.B, 7, PAGE 23, CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALlFQRNIA
T2N R4W :31 32
T1N R4W
6 5
NOT TO SCALE
cF;5~[
.
Oft 7
~ ~
7 "
;:. "
" '"
o"z
~
7
"
~
o
"
!-
,t;
li
l
,,"
"
J rv
Q ~ .
S! ~ Cb
..., '* ~.
",'? ,,<i:' ""
C) ",,'
~ ~ C).
~ l.v ....
J....~ Q.6
'" '?
J?
'"
J;
T.P,O.B,
(TEA2)
33-120TEA.l
T'p,O.8,
(TEA.l)
T,P.O.8.
(TEAll
LEGEND
r -:/ ~/J 1~~~~?_R3''f'~2&ffflM~~1092 ACS)
t:L -LLI'NFEDI-33-120TEA2 - 14,329 ACS,)
INFEDI-33-12DTEA.l - 10.163 AC,)
112.584 AC, TOTAl)
3J-120TEAl
VICINITY MAP
PREPARED UNDER
MY SUPERVrSrON
THE METROPOLITAN WATER DISTRICT
OF' SOUTHERN CALIFORNIA
'a
Wiseman
52 "'
INLAND FEEDER
TEMPORARY EASEMENT
CITY OP SAN BERNARDINO
TO
MWD
INPEDI'33'120TEAl. TEA2, TEA3
,,~
r
r
//}k~J
NOT TO SCALE
DATE
/ S 111- 'N /inlond/ row! exhlb / .3 J/120 tea 1 dgn
IO~05<1:, Li<lPCW
97-373
CERTIFICATE OF ACCEPTANCE
This is to certifY that the interest in real property conveyed by this deed dated
,~ .(,' li,tl~, from THE CITY OF SAi'\J BERNARDINO, a municipal corporation
I
(Grantor), to THE METROPOLIT AN WATER DISTRICT OF SOUTHERN CALIFORNIA
(Grantee), a public corporation, is hereby accepted by the undersigned officer on behalf of the
Board of Directors of said District pursuant to authority conferred by Administrative Code
Section 8201 of said District adopted on January 4, 1993, and the Grantee consents to
recordation thereof by its duly authorized officer pursuant to Administrative Code Section
8221(g) adopted on December 8, 1992.
Dated
tj2-,,/~f
THE METROPOLIT.","l\f WATER DISTRICT
OF SOUTHERN CALIFORNIA
John R. W odraska
General Manager
/
/ '1,
By / f t:;':;.....,
/ Gary M, Snyd r
Chief Engineer
(
Transaction authorized by General Manager per Administrative Code Section 8201.
SEv\ACQ,23\33120ACP
I 2497
97-373
j. , " .
!:'t"r-"B' '2' .,.." '. '
, .,.., '-\ I ,
!. ,,,",.,U./ 1998
. ..-.... _.. ...._.,--~~---_.
i : ><: !.~:-': :.:2::i~ '. );"
:r8--"'{""
.,..~
'.-,
Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
; ;::';~.-\.i',.;;<:( \.; .~. ",j ,
I C>:;;'ii:7j' r.;..:.:c,:.~,.:r '
J ~;;i\/i:';:I-:;:Oi": r- ""'I ~> "-'-"
~..-..,....... '-....,L,...;,..il; " \,
----~~~:.:.:.._;
When Recorded Mail to
THE METROPOLITfu~ WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ None
(Exempt--Section 11922, California
Revenue and Taxation Code)
PERMANENT EASEMENT DEED
MWD ?arcel IN?EDl-33-120PEAl
Assessor's Parcel No. 151-241-019
The CITY OF SAN BERNARDINO, a municipal corporation (Grantor),
hereby grants to
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
a public corporation (Grantee),
a permanent easement to construct, reconstruct, maintain,
operate, enlarge, remove, and replace, a line or lines of plpe at
any time and from time to time, for water transportation, with
every appendage or structure necessary or convenient to be
installed at any time in connection therewith, within the
property described in Exhibit A, and shown on the attached
Permanent Easement Map labeled Exhibit B (Property), both
attached hereto, and by this reference, incorporated herein.
This grant lS subject to the following conditions:
1, Grantor shall not change the existing grade or
otherwise modify the topography of property affected by this
easement without prlor written consent of Grantee.
EXHIBIT -4-
97-373
Permanent Easement Deed
MWD INFEDl-33-120PEAl
APN 151-241-019
-2
2. No building or other structure of whatever nature shall
be constructed or maintained upon any portion of the easement
area by Grantor.
3, Grantor shall not plant trees within 15 feet of the
centerline of Grantee's pipeline, Trees shall be permitted to be
planted and maintained on the remaining portion of easement area;
provided; however, that if Grantee should require use of the
remaining portion of the easement area for replacement or
relocation of its pipeline, or for a future pipeline, Grantee
shall remove any such trees and shall not permit trees to be
replanted within 15 feet of the centerline of its replaced,
relocated or future pipeline.
4.
reasonably
easement,
Grantor's access over and across this easement
maintained by Grantee during the term of this
shall be
5. Grantor hereby reserves the exclusive right to use and
maintain five conduits across this easement for the purposes of
water transmission and distribution at the locations identified
in Grantee's construction plans (attached hereto). A final,
stamped copy of said plans shall be kept at Grantee's main
offices, which are presently located at:
The Metropolitan Water District of Southern California
Engineering Records Department
350 South Grand Avenue, Sixth Floor
Los Angeles, California 90071
Grantor shall have the right to reconstruct and/or
relocate the aforementioned conduits subject to the review and
written approval of Grantee; such approval not to be unreasonably
withheld or delayed.
/
/
/
/
/
/
/
/
/
97-373
Pe~manent Easement Deed
MWD INFEDl-33-120PEA1
APN 151-241-019
- 3-
I 1 r:;l~
Dated: I -I-/~.
CITY OF SAN BERNARDINO,
a municipal corporation
-,
~~.. )/:fj \
B\T: I (-",.; ,r;' 1 / '1.0', !. L..-"--\
'"
([:It l (iU tJ 0;2. I (i'lfr'l [: IL
(Print Name and Title)
By:
(Print Name and Title)
Authorized by MWD Administrative Code Section 8221(g)
SEVj33120PEAjwbetd568
"V
. 97-373 -'
~~~~~~N~~~~'
Ilh
li~i:;"
CALIFORNIA I~
;' ..,~
~')
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CAUFORNIA )
COUNTY OF /d/]( ~/Jt.kM cludo
On ;-}/9 jj
DATE
betore me, /:/ (f;7!/'J (2. G()y'/I EZ---
NAME, TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC"
personally appeared, j6rr1 ('fUr/f)!?.. I ('fI/iVDJL
I
personally known to me (or proved to me on the basis ot satisfactory evidence) to be the person(,s)
whose name(z} is/aye' subscribed to the within instrument and acknowledged to me that he/~/
t~ executed the same in his/~/tperr authorized capacity(ieS), and that by his/tyf/!!J.efr
signature(5'1'on the instrument the person(~, orthe entity upon be halt otwhich the person(s1 acted,
executed the instrument.
WITNESS my hand and otticial seal.
'1~~~~._-----
~ Eileen C, Gom-e; (
Comm. 11 t 45063 ~
TAAY .PUBLIC. CAliFOAN1"G)
SAN BERNARDINO COUNTY (')
Comm. E)(p. Joly 2, 2001 ....
AI
([ /r;>fr/f'. '
NOTARY PUBLIC SIGNATURE
(SEAL)
?~~:;{~~~~t ;}\{::f,::
OPTIONAL INFORMATION
;~::~~};,~~';;,~:;Jik;
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NUMBER OF PAGES
~i~lG~ER(S)~TH~R THAN NAMED ABOVE
~l~~;;jA~;)J;)ri
97-373
EXHIBIT A
INFEDl-33-120PEAl
Permanent Easement
City of San Bernardino
Those portions of Sections 5 and 6, Township 1
North, Range 4 West of the Rancho Muscupiabe in the City of
San Bernardino, County of San Bernardino, State of
California as shown on map recorded in Book 7, page 23 of
Maps records of said County, all lying within that property
conveyed to the City of San Bernardino by Deed recorded June
30, 1921 in Book 724, page 8 of Deeds records of said
County, described as follows:
Beginning at corner M-26 as shown on Licensed Land
Surveyors Map prepared by George E. Sherer dated June 15,
1921, said map also being County Surveyor Map No. 1780 and
marked by a 4"x 4" iron post, concrete filled, 2' above the
surface, marked on the northside "SBFR27-R4WS5" and on the
southside "RM" as shown by County Surveyors Plat No. 7145;
thence along the easterly Rancho line between said corner
M-26 and corner M-25 as shown on said Map N 070 05' 12" E
487.58 feet; thence leaving said Rancho line N 810 58' 51" W
109.52 feet; thence N 08001' 09" E 110.95 feet to the
beginning of a tangent curve concave southeasterly, having a
radius of 1150 feet; thence northeasterly 483.31 feet along
said curve to said easterly Rancho line; thence along said
easterly Rancho line N 070 05' 12" E 204.00 feet to the
beginning of a non-tangent curve, concentric with and 100.00
feet northwesterly of said last mentioned curve, concave
southeasterly, having a radius of 1250 feet, a radial line
to said beginning bears N 490 23' 46" W; thence leaving said
Rancho line southwesterly 710.89 feet along said curve:
thence tangent to said last mentioned curve S 080 01' 09" W
110.95 feet; thence N 81058' 51" 'II 49.68 feet: thence S 080
01' 09" 'rl 992.39 feet: thence S 500 26' 40" "'165,25 feet:
thence N 86012' 05" (,V 612.43 feet: thence 0/ 50016' 12" '8
347.69 feet to a point on the southerly line of that certain
9arcel of land conveyed to the State of Callfornia by Grant
Deed recorded August: 27, 1974 in Book 8503, 9age 1 of
Official Reco~ds of said County: thence coi~cident with said
parcel N 89059' 54" 'd 98,12 feet: thence N 440 13' 53" 'rl
265,20 feet: ::hence N 06000' 13" ~ 41.86 fee::; tr,ence
lea~/ing said ;Ja~cel N 500 16' 12" :,Ij 147. 80 :2e~; thence
Page 1 0 E 2
97-373
EXHIBIT A
INFEDl-33-120PEA1
Permanent Easement
City of 5an Bernardino
5 390 43' 48" W 155.00 feet; thence 5 500 16' 12" E 631.98
feet; thence N 390 43' 48" E 5,00 feet; thence 5 500 16'
12" E 223,45 feet; thence 5 860 12' 05" E 779.29 feet;
thence N 500 26' 40" E 190.57 feet; thence N 080 01' 09" E
453,91 feet; thence 5 810 58' 51" E 108.35 feet to said
easterly Rancho line; thence N 000 46' 29" W 73.35 feet to
the point of beginning.
G. wiseman P.L.5. 6241
~//7
Date
PGW\p:\. .\infedl\J3\legal\r2120pea.doc
August 13, 1997
Page 2 0 f 2
97-373
EXHIBIT B
-THS WP IS TO !l( ATT ACH!:D TO THE LEC.AL DESCIllPTlON" POie 1 or 1
POR, SEC. 5 8. POR. SEC. 6. T. 1 N., R, 4 W., RANCHO MUSCUPIABE,
M.B, 7, PAGE 23, CITY OF SAN BERNAADINO,
COUNTY OF SAN BERNAADINO. ST ATE OF CAliFORNIA
THE METROPOLITAN WATER DISTRICT
OF' SOUTHERN CALIF'ORNIA
INLAND PEEDER
PERMANENT EASEMENT
CITY OF' SAN BERNARDINO
1'0
MWD
IN F'EDl-33-120PEA I
8/13/97 LK/PGW
T2N R4W
T1N R4W
LEGEND
~ld
PERMANENT EASEMENT
INFEDI-33-120PEA1
(11.755 ACS.l
':'
o
...,
<0
<J
It
o.
~:g
Ow
!fw
.<:0
a:...
!l1o
E~'"
.",<0
'" 0-
~4.~
BO",
w>-"
........'"
~G<o
~
"
~~
o€""
S!~ <;"
, ~~
tl/r.
..:. -<t-"
Q!<, 0'
(;:Jo~
:if4Jo
"'<1,
,::
"'Cl
/{]
$'
#'
R'
a
!?
.::#
100'
VICINITY MAP
PREPARED UNDER
MY SUPERVISION
NO'l' T'O SC'AI.,I
DATE
~A7
/,vrrw/inJond/row/ exhib/ 33/ 120peo1.dqn
3132
6 5
NOT 1'0 SCALE
w
z
-'
P.O.S,
-26
o
:r:
u
~
0::
97-373
CERTIFICATE OF ACCEPTANCE
This is to certifY that the interest in real property conveyed by this deed dated
, -7
...!......\ 'v"lf ,
j TI~ from THE CITY OF SAN BERNARDINO, a municipal corporation
(Grantor), to THE METROPOLITAN WATER DISTRICT OF SOUTHER1'\J CALIFORNIA
(Grantee), a public corporation, is hereby accepted by the undersigned officer on behalf of the
Board of Directors of said District pursuant to authority conferred by Administrative Code
Section 8201 of said District adopted on January 4, 1993, and the Grantee consents to
recordation thereof by its duly authorized officer pursuant to Administrative Code Section
8221 (g) adopted on December 8, 1992.
Dated:
II p' / fJ~;
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFOR1'\JIA
John R, Wodraska
General Manager
/~ ), ( /'
By / / C.L:?v: II,; ;~fx-~//<L~
,/ Gary M, S yder/ /
Chief Engineer
Transaction authorized by General Manager per Administrative Code Section 8201.
SEV\ACQ-23\33120ACP
1 2497
97-373
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
MWD INFEDl-33-120TEA1,
-TEA2, -TEA3 and -PEAl
APN 151-241-019
This Agreement is made as of ()('(('"" bd /7 ih
1997, between the CITY OF SAN BERNARDINO, a municipal corporation
(Seller), and THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation (Buyer).
In consideration of the mutual covenants herein
contained, it is agreed as follows:
1. Seller shall sell, and Buyer shall buy, a Temporary and
a Permanent Easement in land in the County of San Bernardino,
State of California, which interest is hereinafter referred to as
"Property," and is described in Exhibit A and shown on Exhibit B,
attached hereto and incorporated herein by reference. Said
exhibits are contained in the attached granting instrument(s)
(Exhibit C) of said interest(s) to be executed pursuant to
paragraph 3 herein for $185,000, payable at the close of escrow
referred to hereinbelow.
2. The sale shall be completed through an escrow to be
opened at Chicago Title Company, 560 E, Hospitality Lane,
San Bernardino, California 92408, Attention: Christy Munsey,
forthwith. Such escrow shall be 30 days, and shall include the
following terms in addition to those set forth hereinabove:
a. Buyer shall pay reasonable closing costs of the
transaction.
b. Possession of Property shall be given to Buyer at
the close of escrow; however, during the term of the escrow,
Buyer's agents may enter Property for the purpose of doing
any engineering work.
c. At the close of escrow, title to the Temporary and
Permanent Easements described hereinabove shall vest in
Buyer subject to those title matters that have been approved
EXHIBIT -5-
97-373
~
Easement Agreement -2-
MWD INFEDl-33-120TEA1,
-TEA2, ~TEA3, and -PEAl
by Buyer
standard
purchase
in writing. Such vesting shall be insured by a
policy of title insurance in the amount of the
price herein.
d,
monetary
property
Buyer shall require that all liens evidencing
encumbrances (other than liens for nondelinquent
taxes) be subordinated to Buyer's interest.
e. Buyer shall, at Buyer's sole cost and expense,
provide for the replanting of trees, shrubs and ground cover
on Seller's property upon completion of Buyer's operations,
and for the maintenance and care of same, in accordance with
the attached Inland Feeder Project Contractor's
Specifications; namely Sections 02810 (Irrigation System) ,
02915 (Trees and Shrubs), 02922 (Site Seeding and Soil
Supplements), which Seller has reviewed and hereby accepts.
f. No escrow instructions other than those contained
herein shall be required.
3. Seller shall execute the deed(s) necessary to
effectuate this Agreement concurrently with the execution of this
Agreement, which documents, after acceptance by Buyer as required
by law, shall be transmitted immediately thereafter to escrow
company, at its address set forth hereinabove with a copy of this
Agreement and instructions to open an escrow for the sale of
Property in accordance with the terms thereof.
4. Exhibits A and B attached hereto are exhibits to this
Agreement as well as to the deed attached as Exhibit C.
5. Time is of the essence of this Agreement.
/
/
/
/
/
/
/
/
97-373
Easement Agreement
MWD INFEDl-33-120TEA1,
-TEA2, -TEA3, and -PEAl
Seller's Mailing Address:
Post Office Box 710
San Bernardino, CA 92402
Buyer's Mailing Address:
Post Office Box 54153
Los Angeles, CA 90054-0153
Engineering Division
Real Estate Services
Attention Stephen E. Vollucci
SEV\ACQ-22\33-120ag
(wbetd566) ~
Attachments
-3-
THE CITY OF SAN BERNARDINO,
a~al ~
By: /~
T(Jf'/I ~((I!D(J" I (l1A'{O{L
(Print Name and Title)
By:
(Print Name and Title)
Seller
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
John R. Wodraska
General Manager
~~.
By ~^-
f Ga~y M, nyder
Chief Engineer
Buyer
9v
97-373
ENTRY PERMIT
Inland Feeder Project
MWD No. INFEDl-33-120
APN 151-241-019
PERMISSION TO ENTER PROPERTY
The undersigned owner, the CITY OF SAN BERNARDINO, and
TENANTS, STEVE SHIPLEY, SUSAN SHIPLEY, AND LEE FAIRBANKS
(collectively, Permitter) of the property (Property) shown on
Exhibit B, attached hereto, grants permission to THE METROPOLITAN
WATER DISTRICT OF SOUTHERN CALIFORNIA and its agents, employees,
or invitees (Permittee) to enter upon the Property or portion of
the Property, for the purpose and on the terms set forth below.
PURPOSE
The purpose of this Permit is to allow regular access
to and from Permittee's adjacent construction sites as well as
the patrol, maintenance, and protection of the two residences and
garage on the Property by Permittee (Purpose A); and to allow
Permittee to ingress and egress the Property to conduct surface
activities relative to land surveying, engineering
reconnaissance, and water resource monitoring (Purpose B) .
TERMS AND CONDITIONS
1. The term shall be four years from the date of
Permitter's signing as to Purpose A and five years from date of
Permitter's signing as to Purpose B.
2. Permitter shall provide the names, addresses, and
telephone numbers of all parties with a possessory interest in
the Property on the spaces adjacent to the signature block.
3. Permittee shall make every effort to minimize
interference with the existing use of Permitter's Property.
4. Permittee is a local government entity created under
the laws of the State of California, and is self-insured for
$25 million against any third party liability loss and maintains
$75 million of commercial liability insurance in excess of the
self-insurance retention. Permittee shall maintain its self-
insurance program in full force during the term of this Permit.
97-373
MWD No. INFEDl-33-120
APN 151-241-019
-2-
5, Permittee's use of the Property shall at all times be
subject to Permitter's right to use the Property for the purposes
for which it was acquired and for which it is currently used.
6. Permittee shall, prior to termination of this Permit or
completion of its operations, restore the Property to a condition
as near as reasonably possible to that which existed prior to
Permittee's occupancy.
7. Permittee shall, until termination of this Permit or
completion of its operations, provide security services,
landscape maintenance, fencing, lighting, board-up, shoring, or
other services reasonably necessary for the maintenance,
protection, and security of the two residences and garage located
on the Property.
8. Permittee shall indemnify Permitter against all claims
arising from the exercise of the rights granted under this
Permit, except claims arising from the sole negligence or
intentional acts or omissions of Permitter.
9. This Permit may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which,
together, shall constitute one and the same instrument.
10. This Permit contains no Exhibit A.
/
/
/
/
/
/
/
/
/
/
/
/
97-373
MWD No. INFEDl-33-120
APN 151-241-019
-3-
Dated:
//~;!/J -"17
,
Owner's Mailing Address:
Post Office Box 710
San Bernardino, CA 92402
Telephone (909) 384-5141
Tenant's Mailing Address:
Steve and Susan Shipley
6667 Devil Canyon Road
San Bernardino, CA 92407
Telephone (909) 883-3715
Tenant's Mailing Address:
Lee Fairbanks
6611 Devil Canyon Road
San Bernardino, CA 92407
Dated: J"""V?\rv
I
I) I 't cr "t
/
Permittee's Mailing Address
Post Office Box 54153
Los Angeles, CA 90054
Attention Real Estate Services
Telephone (213) 217-5721
Steve E. Vollucci
SEV/ACQ-9/33-120ep
(WbetD567) ~
PERMITTER
SAN BERNARDINO MUNICIPAL
WATER DEPARTMENT
ByL~J(~
/ Bernard C. Kers y
General Manager
By
~~
2 _ ~
'-sfeve Shi~
/hM71 0A~~
Susan Shipley i
By
By
Lee Fairbanks
PERMITTEE
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
John R, Wodraska
General Manager
By
i
/
Lleu
nt Chief Engineer
97-373
EXHIBIT B
POR, SEC. 5 S. 6. TIN.. R 4 W S. SEC. 31 S. 32, T 2 N.. R 4 W,. S.B.M.
COUNTY OF SAN BERNARDINO. ST ATE OF CAliFORNIA
T2N
T1N
I
I
I
I
I
I
I
I
I
I
32 I 33
514
I
I
I
LEGEND
r/ /I
INFED1-33-120
(ENTRY PERMIT AREA)
vldlNITY
MAP
cDS~E
THE] METROPOLITAN W Al'ER DISTRICT
OF SOUTHBRN OALIFORNIA
f
NOT TO SCALE
INLAND FEEDER
ENTRY PERMIT
CITY OF SAN BERNARDINO
TO
M,W,D,
INFEDl-33-120
NOT TO SCALa
I ~y...,...w/lnlond/...ow/ en tpel'" /33/ 120,.. .dgn
.]-1]-97 A.L.lB.G.