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HomeMy WebLinkAbout1995-065 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-65 RESOLUTION OF TIlE CITY OF SAN BERNARDINO AUI1iOlUZIOO AND DIRECI'IOO TIlE EXECUTION OF AN A/3REEMENT FOR AN EASEMENT WIm CASA RAMONA INC, , AND RAMONA SENIOR COMPLEX, INC. FOR CONSTRUCTION AND FUl'URE MAINI'ENANCE OF A STORM DRAIN ACROSS TIlE RESPECTIVE PROPERTIES LOCATED BETWEEN 7m STREET AND 8m STREET AT WESTERN AVENUE. BE IT RESOLVED BY TIlE MAYOR AND CQMt.K)N COUNCIL OF TIlE CITY OF SAN BERNARDINO AS FOlLOWS: SECTION 1. That the Mayor of the Ci ty of San Bernardino is hereby authorized and directed to execute on behalf of said City, and agreement with Casa Ramona, Inc., and an agreement with Ramona Senior Complex, Inc., for an easement for storm drain purposes across the respective properties. A copy of said agreements and a full description of said easements are marked as Exhibit "A" and Exhibit "B", attached hereto and incorporated by reference as though fully set forth herein. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 02-13-95 t;5-t. .; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUI'ION AUTHOR~ZING AND DIRECTING TIlE EXECUTION OF AN AGREEMENT FOR STORM DRAIN EASEMENTS ACROSS CASA RA/>K)NA AND RAMONA SENIOR COMPLEX PROPERTIES LOCATED BETWEEN 7TH AND 8TH STREETS AT WESTERN AVENUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at regular a March meeting thereof held on the 20th , 19~, by the following vote, to-wit: day of Council Members: AYES NEGREfE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MIlLER NAYS ABSTAIN ABSENT x x x x x x x C~~ The foregoing resolution is hereby approved this cZ2 fiet/. March 19~ Approved as to form and legal content: JAMES F. PENMAN, City A orney 1 ?j~ 02-13-95 day of ~~ 1/ / -OV~\ //f[~{.{'i0-- roM MINOR, Mayor City of San Bernardino 2 95 ,ipS- AGREEMENT AND CONDITIONS OF EASFMENT The CITY OF SAN BERNARDINO, hereinafter referred to as "CITY", and RAMONA SENIOR COMPLEX, INC., hereinafter referred to as "GRANTOR" hereby agree, on this 9th day of Februarv , 19---.2L, to the following: 1. GRANTOR shall deliver to the CITY, a fully executed easement for storm drain purposes across Grantor's property, more fully described in the said easement, a copy of which is at tached hereto as Exhibi t "A". 2. Construction of the total project is proposed to begin around the 15th of April, and will last from six to nine months. Construction across Grantor's property will last a period of approximately 30 days. Hours of construction are to be between 7:00 am and 3:30 p.m. City shall give Grantor at least a two week written notice prior to the commencement of any work. 3. The City shall do the following: a. All improvements located on the Grantor's property that are removed or damaged incidental to the installation of said storm drain shall be replaced by the City. This shall include, but not be limited to the following: Fences, block walls, gates, paving, driveways, and walkways, at no cost to the Grantor. 4. No other covenants, conditions or agreements are implied, The agreement will have no effect until executed by the Grantor and the City. CITY OF SAN BERNARDINO d ~ ' by: /~-n-'\ ~/t,4/\ I MAYOR by: by: ~ CITY CLERK CITY HALJ--- 300 North "D" Street San Bernardino, California 92418 ". Doc < No. 19950101596 3:27pm 04/03/95 005 10158B1 01 05 PG FH APF lilM:i rn \'''' ..ft, "'~, ....u ,..., .~,.... APN: 0139-273-26 5 ....-"6 G NONST IN SV'( elT-CD TRANS TAX NO FEE CHRG EXAM .--......-----.........----....-...---...-------.--..---.. EASEMENT ___.___~~__~~!Q~.~.!___~!:l.~.:_!..~__~~.~_~_~~E~.~~__~~~-profi t corporation --...--------.----......-----.-----...-----..----...-----...------_.....---.-.----- ___.___.___.............._.________...___n.....__.......___.......___....____......_n____........._n___......__....____n...___...___...____.......____.....____....._____..... (Grantor - Grantors) FOR A VALUABLE CONSlDERA TION, receipt of which is hereby acknowledged, Do _~~.m Hereby Grant to the CITY OF SAN BERNARDINO, a Municipal Corporation, an easement for ...----....--------......-----..------+-----.....------ _...___g!~.~!!~~~__~!.P-?~~~..~~..~p.~;__~.~.".:~!...!.~.':.~.!_~_~-~-~-~...~~-.~~:-~--~~~:~..~~~--~::~~~..:::-..------..----.....-.-... the real property in the City of San Berllardino, County of San Bernardino, State of California, describp.d as follows: The Easterly 20.00 feet of the Northerly 140.00 feet of Parce 1 1 of Parcel Map No. 13725, as per plat recorded in Book 168 of Parcel Maps, page 93-94, records of said COunty. The Easement herein granted shall include the right to construct, reconstruct, inspect, maintain and repair the drainage lines and appurtenant facilities. The easement herein granted shall also include the right to use such areas adjacent to the easement as may be reasonably necessary for performing the work, and for access to the work during construction and/or repair. lWoKlNA SENIOR aJMPLEX , INC., a californ~;profit corporat ion - Dated ,Eebxuaxy..9...,...,___.................m.....' . 19 _9.5.___ 7...-~~ h'. by: '\ Esther Estrada by: This " " certify that the ACKNOWLEDGEMENT OF GRANTOR: IMerest ," real properly conveyed b, the within .nstrument '0 the City of San STAlE OF CALIFORNIA Bernardino. Cal,jornla. a municipal corporation, IS hereby accepted by order of lhe CJLV CouncIl. and the grantee SS. consents to the recordation tnereof by ItS duly authOrized COUNTY OF San Bernardino of/Jeer On 2-9-95 before me, F~thlO>r F~tr.Arl.Q 0"'" ...fe.~,UJiHY,.9....1995.....m___..___ Jl"'SOnallyappeared CITY OF SAN BERNARDINO 8, ....,~.__..C,{~,l~,. City Clerk ! personally known to me (or proved tome on the basis of satisfactory eyidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and ~knowledged to me that he/she/they executed the same in his/her/their 8lltho- nzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the msttument. WI1NESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP Location .._.Sl1Jn.6.tb..~.t_~..~.JY~~l~u::n._~y.~:.n.... ......n........n....n_......n................n.....__...nn..n...... File No. .,...1l.D.4dHnnn...n....'...n.............,..... L.F. ~ qS-'(p~ . . AlJREEMENT AND CONDITIONS OF EASEMENT The CITY OF SAN BERNARDINO, hereinafter referred to as "CITY", and CASA RAMONA, INC., hereinafter referred to as "GRANTOR" hereby agree, on this 9th day of February , 19~, to the following: 1. GRANTOR shall deliver to the CITY, a fully executed easement for storm drain purposes across Grantor's property, more fully described in the said easement, a copy of which is attached hereto as Exhibit "A". 2. Construction of the total project is proposed to begin around the 15th of April, and will last from six to nine months. Construction across Grantor's property will last a period of approximately 30 days. Hours of construction are to be between 7:00 am and 3:30 p.m. City shall give Grantor at least a two week written notice prior to the commencement of any work. 3. The City shall do the following: a. All improvements located on the Grantor's property that are removed or damaged incidental to the installation of said storm drain shall be replaced by the City. This shall include, but not be limited to the following: Fences, block walls, gates, paving, driveways, walkways, playground equipment, trees, turf and irrigation system at no cost to the grantors. b. Playground equipment includes the s~~dbox area and container. These items are to be reinstalled to their present configuration or to a configuration as determined by the grantor, but shall generally remain the same in area. This shall be accomplished at no cost to the grantors. c. Each tree removed incidental to construction shall be replaced as follows: One replacement 24" boxed tree for each tree removed. The type and location of each tree planted, shall be as mutually determined by grantor and the City, so as not interfere with said storm drain pipe or the future maintenance thereof. The replacement cost is estimated to be between $300 and $400 per tree, including all labor, but shall not exceed $400. Cost of said tree replacement will be paid for the City. 4. No other covenants, conditions or agreements are implied. The agreement will have no effect until executed by the Grantor and the City. irector CITY OF SAN BERNARDINO ~n ~}I! by: 1~-Y2P1. LLA-" MAYOR by: 7 CITY CLERK CITY HALL 300 ~D" Slreet San Bernardino, California 92418 No Fee Doc No, 19950101595 3:27pm 04/03/95 005 1015881 01 05 "" ""n" ..n ......, "n, ...., """ ..", ..~.. I'"n rt.un APN: 0139-273-27 sp 5_ ...... 6 NQNST IN SIIY CIT-CO TRANS TAX NO FEE CHRG EXAM EASEMENT -.---.------......._--.--_................................ -------~~~..~~~!.__~_~~:.!_..~..~~1.!_[2!".1).!.~._J..1.9.1)_:-'?~s>_f_~_!.h~_'!E~.r:~.~.~~~________________________________..__....____________..______.. ...-.-----....--....-----...-------.-----.....................--..........---.----.______..._____..........___........._______________..........______________.".......h__.___. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Do _~~___. Hereby Grant to the CITY OF SAN BERNARDINO, a Municipal Corporation, (Grantor. Grantors) an easement for __h...~E~_~~~~!:__p.~~~~~~_.~~_~~p.p.~~~_~~~~...~~~~.~.~_~_~_7.~...~.'!..~~_~_~__~~::E__~~..~~E~~~__::::::________________________.. the real property in the City of San Bernardino, County of San Bernardino. State of California. described as follows: The Easterly 13725, as per COunty. 25.00 feet of the Northerly 328.00 feet of Parcel 2 of Parcel plat recorded in Book 168 of Parcel Maps, page 93-94, records Map No. of said The Easement herein granted shall include the right to construct, reconstruct, inspect, maintain and repair the drainage lines and appurtenant facilities. The easement herein granted shall also include the right to use such areas adjacent to the easement as may be reasonably necessary for performing the work, and for access to the work during construction and/or repair. Daled .J:~t.n:::u~r.Y.u9.u__.......uu.____._......._Uh_ , 19 ___9.?... corporation by: by: This is to certifv that the Interest In real propertv conveyed by the within instrumenT to The Citv of San Bernardino, Callforma. a muniCipal corporaTion. '5 hereby accepted by order of the C,tv Council. and the grantee consents to the recordation thereof by lIS duly aUThOrized otlicer ACKNOWLEDGEMENT OF GRANTOR: D.,oj ..,Eebruar~,,2~--129.5.,....,______,.. By "'h"'__~~~~ City Clerk ST A 'IE OF CALIFORNIA COUNTY OF San Bernardino On2-9-95 before me. Esther Estrada pezronallyappeared SS. personally known to me (or proved to me on the basis ofsa1isfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their autho- rized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the inslrUmenL WIlNESS my hand and official seal. Signature Localion ...Jji.S_..7.tb__..!jl.t~._~..'!i~~_t~xn._~y~........._ FOR NOTARY seAL OR STAMP FHe No. .....1.5..D.4,~11.4h__hhm...._'_....'mm..m'mm L.F. lP