HomeMy WebLinkAbout1990-056
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1/17/90 28
1 RESOLUTION NO. 90-56
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH
ACCEPTANCE AND EXECUTION OF A PERMANENT EASEMENT DEED FROM TH
3 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR THA
CERTAIN REAL PROPERTY LOCATED ON INDUSTRIAL PARKWAY, EAST OF PAL
4 AVENUE, AND ORDERING PAYMENT IN THE AMOUNT OF TWO HUNDRED DOLLARS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor and City Clerk of the City of Sa
Bernardino are hereby authorized and directed to execute an
accept, on behalf of said City, a Permanent Easement Deed from the
Metropoli tan Water District of Southern California, a copy of
which is attached hereto and incorporated by reference herein as
fully as though set forth at length, marked Exhibit "A", for
street and highway purposes, more particularly described in said
Easement and concerning that certain real property in the City of
San Bernardino, Countv of San Bernardino, State of California,
generally located east of Palm Avenue on Industrial Parkway, and
said City consents to recordation thereof by its duly authorized
officers.
SECTION 2.
That the City of San Bernardino is hereby
authorized to make payment for the herein described Permanent
Easement Deed in the amount of Two Hundred Dollars.
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.RESO: AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A PERMANENT
EASEMENT DEED FROM THE METROPOLITAN WATER DIS~RICT OF
SOUTHERN CALIFORNIA
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held on the
reaular
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19th day of
, 1990, by the following vote, to-
February
5 wit:
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of
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Council Members
AYES:
Estrada. Rp-;11y Flnrp.~
Maudslev. Minor. Pone-Ludla.m Mill",r
NAYS: None
ABSENT: None
-A,a~~If~w
) City lerk
The foregoing resolution is hereby approved this ~J~ day
, 1990.
Februarv
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City
18 Approved as to form
and legal content:
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James F. Penman,
20 City Attorney
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By i/rnh
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REQUESTED BY AND
WHEN RECORDED MAIL TO'
SAN BERNARDINO
CO.. CALIF.,
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, California 92418
1 fOE
DOCUMENTARY TRANSFER TAX $ None
(Exempt-section 11922, California
Revenue and Taxation Code)
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PERMANENT EASEMENT DEED
-,
1606-28-17, and 25 (Portions)
THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation, hereby grants to
CITY OF SAN BERNARDINO,
a municipal corporation,
a permanent easement for public street and utility purposes
over the real property in the City of San Bernardino, County of
San Bernardino, State of California, described on Exhibit A and
shown on Exhibit B attached hereto and incorporated herein by
reference.
This easement is granted subject to the following
terms:
1. It is subject to Grantor's paramount right to use the
above-described property for the purposes for which it was
acquired.
2. Grantee shall submit in advance all plans for
installation and construction or reconstruction of Grantee's
facilities to Grantor for review and written approval.
90-079768
Permanent Easement Deed
1606-28-17, and 25 (Portions) -2-
3. Grantee shall not change the existing grade or
otherwise modify the topography of property affected by this
easement without prior written consent of Grantor.
4. A street in conformity with the public street
standards of the city of San Bernardino shall be constructed
within the easement area and incorporated into the City public
street system; provided, however, that (a) the construction of
such street and utilities therein shall conform to final plans
approved in writing by Grantor, which show the location,
character, dimensions, and details of the work to be performed,
and (b) after initial construction is completed, any future
changes to the street or changes to or installation of any
utilities therein shall have the prior written approval of
Grantor, which approval shall not be unreasonably withheld.
5. Grantor purchased the above-described property in fee
for its existing 120-inch-inside-diameter Foothill
Feeder-Rialto Pipeline and for a future pipeline and
appurtenances. Any additional costs incurred by Grantor for
construction, reconstruction, maintenance and use of the
existing and future pipelines and appurtenances attributable to
the presence of Grantee's improvements shall be borne by
Grantee.
6. Grantor shall not be required to contribute any part
of the cost of street improvements on the above-described
property, and, furthermore, if Grantor is included in an
assessment district to pay such costs, Grantee shall reimburse
Grantor for any assessment therefor levied upon it.
7. Grantee assumes all risk of loss to itself, which in
any manner may arise out of the use of the easement. Further,
Grantee shall indemnify and defend Grantor and its directors,
officers, and employees against any liability and expenses,
including the reasonable expense of legal representation
whether by special counselor by Grantor's staff attorneys,
resulting from injury to or death of any person, or damage to
any property, including property of Grantor, or damage to any
other interest of Grantor, including but not limited to suit
alleging noncompliance with any statute or regulation, which in
90-07976b
Permanent Easement Deed
1606-28-17, and 25 (portions) -3-
any manner may arise out of the granting of this easement, or
use by Grantee of the easement or any adjoining land used with
the easement.
8. The above-described real property is to be used only
for the purposes herein specified, and in the event that said
real property is not so used, or the uses for which this
easement is granted shall permanently cease, Grantee shall
immediately initiate formal statutory highway abandonment
procedures as provided by law for County or city highways and
streets.
Dated:
1/110
/
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Carl Boronkay
General Manager
PRSjhk-D68
Authorized by MWD Administrative Code section 8220
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9O-07976~
EXHIBIT A
1606-28-17 & 25 (portion)
city of San Bernardino
That portion of land in the Rancho Muscupiabe, City of
San Bernardino, County of San Bernardino, State of California,
as said Rancho is shown on plat recorded in Book 7, page 23 of
Maps, in the office of the County Recorder of said County, lying
within those certain parcels of land conveyed to The
Metropolitan Water District of Southern California by Grant
Deeds, recorded June 2, 1971 in Book 7678, page 816 and recorded
November 5, 1971 in Book 7789, page 503, both of Official
Records of said County, said portion of land described as
follows:
Commencing at the intersection of the northeasterly
right of way line of the Atchison Topeka & Santa Fe Railroad
(150 feet wide) and the southeasterly property line of said
parcel conveyed to The Metropolitan Water District of Southern
California recorded in said Book 7678, page 816 and marked by a
2 inch iron pipe tagged MWD RCE 21759 as shown on Record of
Survey by The Metropolitan Water District of Southern California
and recorded June 25, 1976 in Book 31, pages 78 to 82 of Record
of Survey, in the office of said County Recorder; thence along
said southeasterly property line the following courses;
N 68' 36' 31" E 366.52 feet to the beginning of a tangent curve
concave southeasterly marked by a 2 inch iron pipe tagged MWD
RCE 21759; thence 51.94 feet along said curve having a radius of
440.00 feet and a central angle of 6' 45' 47" to the TRUE POINT
OF BEGINNING; thence 33.39 feet along the continuation of said
curve having a radius of 440.00 feet and a central angle of
4' 20' 53" to a 2 inch iron pipe tagged MWD RCE 21759, a radial
bearing to said TRUE POINT OF BEGINNING bears N 14' 37' 42" W;
/,2-/5-8'7
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90....07976tj
1606-28-17 (ptn.)
-2-
thence N 790 43' 11" E 804.68 feet to a 2 inch iron pipe tagged
MWD RCE 21759; thence along the southwesterly and easterly
property line of said parcel conveyed to The Metropolitan Water
District of Southern California as recorded in Book 7789, page
503 the following courses; thence 88.87 feet along a nontangent
curve concave southwesterly having a radius of 300.00 feet and a
central angle of 160 58' 19", a radial bearing to the beginning
of said curve bears N 340 19' 01" E; thence S 380 42' 40" E
30.00 feet to a 2 inch iron pipe tagged MWD RCE 21759; thence
N 210 26' 46" E 0.94 feet; thence leaving said property line
N 380 43' 29" W 142.68 feet; thence N 100 16' 49" W 90.91 feet
to the northwesterly property line of said parcels conveyed to
The Metropolitan Water District of Southern California; thence
along said property line the following courses; S 790 43' 11" W
804.68 feet to the beginning of a tangent curve concave
southeasterly marked by a 2 inch iron pipe tagged MWD RCE 21579;
thence 43.00 feet along said curve having a radius of 560.00
feet and a central angle of 40 20' 53" ; thence leaving said
property line S 140 37' 42" E 120.00 feet to the TRUE POINT OF
BEGINNING.
containing 2.336 acres, more or less.
GVGjjd264
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EXHIBIT "B"
90-07976t-j
CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
BEING PORTION 'OF MUSCUPIABE RANCHO ACCORDING TO A MAP RECORDED IN BOOK 7,
PAGE 23 OF MAPS, RECORDS OF SAID COUNTY OF SAN BERNARDINO.
CURVE AND LINE DATA TABLE
CURVE AND LINE DATA TABLE
# DELTA RADIUS LENGTH
I 366.52'
_...._~
2 06'45'47" 440' 51.94'
- -.---.-.
3 04'20'53" 440' 33,39'
---- -----
4 804.68'
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5 16'58'19" 300' 88.87'
6 30,00'
DELTA
RADIUS
LENGTH
0.94'
142.68'
90.91'
804.66'
----
43.00'
120.00'
r BEARING
J-N21'26'46"E
N38'43'29"W
NIO'16' 49"W
S79'43'1I"W
BEARING
N68'36'31"E
#
7
8
~ ~--~.~_..-
9
10
11 04'20'53"
12
560'
N79'43'1I"E
S38'42' 40"E
SI4'37'42"E
rRlfANANT EASElfElfT
'606-28-17~25(PTN~)
2.336 ACRES
NOTE: THIS SKETCH WAS PREPARED
FROM RECORD DATA. THE BASIS
OF BEARINGS &: CALCULATIONS
ARE BASED ON R.S. 81/78-82.
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io-,R:7678/816.)<O:>>>itjALTf!PI~ . . . . .
N34'I9'Ol"E
RAD.
N14'37'42"W
RAD.
LEGEND
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PERMANENT EASEMENT
. 2" I.P. TAGGED MI-JD RCE 21759
PER R,S, 31/78-82
VICINITY MAP
NOT TO SCALE
150 0
~
150
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IN FEET
300
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SAN BERNARDINO
",
FOOTHILL FEEDER RIALTO PIPELINE
PERMANENT EASEMENT
/2 - /S-'?'l'
M,W.D.
TO
CITY OF SAN BERNARDINO
1606-28-17 ~ 25(PTNS,)
"(/,28::)130::::::;
11/2/89 TIIP
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(Balcerzak)
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9G-07976t)
STATE OF CALIFORNIA
)
) SS.
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COUNTY r.1 r /-/)::5 AN&E( E5
On this (3 day of ~~-/1J1/t//l.e;Y in the year /:J:J[)
before me, -;;;:m4::> ), J0j:?:;;-?tCher L ,a Notary Public,
personally appeared R. W. BALCERZAK, personally known to me to be
the person who executed this instrument as Assistant General
Manager of The Metropolitan Water District of Southern California,
a public corporation, and acknowledged to me that The Metropolitan
Water District of Southern California executed it.
WITNESS my hand and official seal.
,"""""""'" ,,',""" 'OFFiCiAL' sEAL ","'" '.
\"~',, .' T~Q~~R~Sp~BL?tt~Sn7'~I,F
.If.%f-iitffg/y LOS ANGELES COUNT'! ,,"
~ ~ My com~:,.~~.~:..?~.~:..~.~'...~~~~:
:............"........".............
(Seal)
Signatur~Jf~drtf,-42L4-c-Lu7T I
Notary Public in and
for said State
This is to certify that the interest in real property
conveyed by the .....ithin instrument to the City of San
BE.rnardino. California. a municipal corporation, is hereby
acr.~Pted bv order of the City Council, and the grantee
consents to the recordation thereof by its duty authorized
officer.
Dated --...d:fe..&.__Rt?__.....m..__m...
CITY OF SAN BERNARDINO
By ~d?a'A"d~1&__m__________
City Clerk
Location .--.L~.Q.~jIR.!.~J...P.BRKWJU.__..m___....__
Fil~ No. ....___l.Q.,.D.Z.o.l.O.SL.Il.........________...__.m__
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