HomeMy WebLinkAbout1986-016
RESOLUTION NO. 86-16
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A RECIPROCAL EASEMENT AGREEMENT AMONG
THE CITY OF SAN BERNARDINO, SHANDIN HILLS GOLF CLUB AND BLOCK
BROS. RELATIVE TO THE GRANTING OF SPECIFIC EASEMENT RIGHTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
the City of San Bernardino a Reciprocal Easement Agreement among
the City of San Bernardino, Shandin Hills Golf Club and Block
Bros., relative to the granting of specific easement rights,
with such changes thereto as may be approved by the Mayor and
City Attorney. A copy of said agreement is annexed hereto as
Exhibit "A" and incorporated herein by reference as though fully
set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
re';11l1ar
meeting thereof, held on the
, 1986, by the following vote, to
21st
day of
aflnlJnry
wit:
AYES:
Council Members Estrana
Rp; lly
Hp.rnrlnrlp7
.
Harks OUiA1 Frilz;pr ~t-rirklp.r
NAYS:
None
ABSENT:
None
/~/L:#/1/~JI/
/ City Clerk
of
f
The foregoing resolution is hereby approved this -<'~i:>l day
Januarv , 1986. () h' '. '/: / 0 .
(~~ / L"- C/{/ AJ:!A..&f'
Mayor of b e City of San/Bernardino
f0-!~
RECIPROCAL EASEMENT AGREEMENT
THIS AGREEMENT, by and among the CITY OF SAN BERNARDINO,
a municipal body corporate, hereinafter referred to as "City",
SHANDIN HILLS GOLF CLUB, a California corporation, hereinafter
referred to as "Shandin Hills", and BLOCK BROS., a California
corporation, hereinafter referred to as "Developer",
represents the agreement of the parties relative to the
granting of specific easement rights between the parties
affecting property described as parts of Lot 5 and Lot 6,
Tract No. 10518, of the City of San Bernardino, County of San
Bernardino, and State of California, according to the Map
thereof recorded in Book 145 of Maps, Pages 51 through 58,
inclusive, San Bernardino County records.
SECTION 1. Recitals. This agreement is entered into
with reference to the following facts:
A. The City owns and leases to Shand in Hills a golf
course situated on Lot 5, Tract No. 10518, and other property
located within the City of San Bernardino, and Shand in Hills
operates such golf course.
B. A portion of the existing golf course, including part
of its entry and substantial portions of its landscaping, has
1
been constructed upon and extends into portions of Lot 6,
Tract No. 10518, and the parties desire by this agreement to
permit City and Shandin Hills to continue to operate the golf
course using the present facilities, and to have City and
Shand in Hills responsible for the maintenance and upkeep of
the areas presently being used for golf course purposes.
C. Developer intends to develop on Lot 6, Tract No.
10518, an office structure, and parking area, and, in so
doing, requires use of a drainage easement across a portion of
Lot 5, Tract No. 10518, in order to most efficiently develop
the office structure, parking and other improvements upon said
Lot 6.
D. The parties hereto mutually agree that it is in the
best interest of all parties that reciprocal easements be
given to permit City and Shandin Hills to continue to occupy
those parts of Lot 6 presently encroached upon by golf course
improvements, and to permit Developer to have a drainage
easement across Lot 5, within the limits specified.
SECTION 2. Implementation. The parties therefore agree
as follows:
A. City and Shandin Hills hereby grant to Developer, its
successors and assigns, forever, the right to spread water
across the parking area of Lot 5, Tract No. 10518, through a
drainage easement outlet identified on a plot of Lot 6, Tract
No. 10518, a copy of which is annexed hereto as Exhibit "I"
and incorporated herein by reference. The location of the
center line of the ten-foot drainage outlet to Lot 5, Tract
2
No. 10518, is identified on Exhibit "1". Water shall be
spread from that drainage outlet located within the ten-foot
drainage easement in such a manner as to assure sheet flow of
excess water from Lot 6, Tract No. 10518, and shall be so
designed as to minimize, as much as can reasonably be done,
any increase in the flow of such water over that already
existing, and to assure that no unreasonable harm or damage
shall be inflicted upon the golf course or its parking area,
and that no unreasonable accumulation of debris shall result.
Plans for development of the drainage outlet shall be subject
to reasonable approval of City and Shand in Hills. The on-site
improvements to be made shall be as presented by Developer's
Engineer to City and Shand in Hills. In the event that
substantial harm or damage is inflicted upon the golf course
parking lot, or if the flow from the parking lot breaks over
the crest of the drive into the low area of the golf course,
as a result of such additional flow of water, despite the best
estimates of Developer and City's engineering consultants,
Developer, its successors and assigns shall take appropriate
steps, upon notice, to remedy the situation and to avoid
future damage. Should additional easements be required to
effect such a remedy, City and Shandin Hills agree to grant
such reasonable additional easements as may be necessary to
accomplish such purpose.
B. Developer grants and conveys to City, as feeholder,
and to Shandin Hills, as leaseholder, an easement over and
across those portions of Lot 6, Tract No. 10518, in the City
3
of San Bernardino, County of San Bernardino, State of
California, as per map recorded in BOOK 145 of Maps, Pages 51
through 58, inclusive, records of said County, described as
Parcels A and B, on Exhibit "2" which is annexed hereto and
incorporated herein by reference.
C. In consideration of the granting of the easement over
Parcels A and B by Developer to City and Shandin Hills, City
and Shandin Hills agree that Developer, its successors and
assigns shall be allowed to direct storm drainage water onto
the specified location of Lot 5, being that point identified
as the drainage easement on Exhibit "I". Additionally, City
and Shand in Hills shall accept run-off water from all of those
areas included within the easement area described as Parcels A
and B.
D. Developer, its successors and assigns, as owners of
Lot 6, shall maintain their right of entry over the easement
area for purposes of construction, and for maintenance of any
and all real improvements to Lot 6, Tract No. 10518.
Developer, its successors and assigns, shall maintain the
right to construct and maintain columns, column footings and
building foundation footings within the easement areas
described as Parcels A and B. The Developer, its successors
and assigns, shall maintain and continue to have the right to
construct and maintain building overhangs within the easement
areas described as Parcels A and B.
E. City and Shand in Hills agree that they shall be
responsible for the maintenance, upkeep and/or replacement of
4
ATTEST:
d~-W/i%1.g~
city Clerk
Approved as to form:
cJZ ~ 1,1/~ '"
"'-", //;' '. '-'I/u_"'/
~~r;;...I<."'/ /- / ~~
City Attorney
CITY OF SAN BERNARDINO
"
By
SHANDIN HILLS GOLF CLUB
By
By
~~~
Secretary
BLOCK BROS.
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By
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State of CJ+,z/ F(Yr'/dl /Cf }
County of S/i,u &-X'A--/lRIJ/Aj 55.
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/ (',i,'IU l. SCAI) -I
II J. LOF;'-:,\!i~E VELARDE I
! lie"'II'; d;~':I:'; - C:~,L.'rORNIA II
! S,"iti C :;,~',;.;:!):r.;o COUNTY
__~:(_Com~liS:>i?n_~Xr)ires ?_~_t. 10, 1989
GENERAL ACKNOWLEDGMENT FORM 7110052
ACKNOWLEDGEMENTS
O. ;;3 0 0; "" ~~~~'*"~~
nthlstheJ.- dayof. t1u..-1~7'~ 't 19.Q.'<o,beforeme, ~
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the undersigned Notary Public, personally appeared
7) (J,<( 119 AJ ,,-J; If JJ S ()fJ
~sonallY known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) I ~ subscribed to the
within instrument, and acknowledged that fJ .0--" executed it.
WITNESS my nd and official s.eal;;
( J. .t/~<t.'-'t<-C 7:~j~l~J!.._
o ary's Signature
,
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.. Woodland Hills, CA 91364
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EXHIBIT "1"
-.
4HA..klJ1U4
.11/12/85 KS
-
:/
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
29
30
31
32
THOSE PORTIm5 OF lD1' 6, '1'RI\CI' N:l; 10518, IN TIlE CITlI OF SAN
BERNARDINO, CXXNlY OF SAN IlERWlDINO, STAn: OF CALIFORNIA, AS PER
MAP RECORDED IN 8(D( 145 OF MAPS, PAGES 51 'llIIlaXlH 58, INCLUSIVE,
RfXXlllIE OF SAID CXXNlY IESCRIBED AS ftlLLOWS:
PARCEL A
lXHlINCIN:: 1J TIlE KlST samtERLY romER OF SAID lD1' 6, TllENCE
N 24000'00" E, JWB:; TIlE EAS'mRLY LINE OF SAID lD1' 6 A DISTANCE OF
120.00 FEt:l'1O TIlE TRJE !'OINT OF IlEXlINNIN3, TllENCE N 1001'14" E, A
DISTANCE OF 39.90 FEET, TIIENCE N 1045'36" E, A DISTANCE OF 97.17
FEt:l' 10 TIlE BmINNIN3 OF A TANGmr aJRVE aNCAVE WESTERLY flAVIN3 A
RADIUS OF 200.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
'l!IR:JXlH A amRAL AN3IE OF 12"20'41", A DISTANCE of 43.09 feet;
TIIENCE N 10"35'04" W, A DISTANCE OF 34.07 FEET 10 A !'OINT Ql A
NON-TANGENT lllRVE CDlCAVE N:lRIHEA5n:RLY flAVIN3 A RADIUS OF 34.00
FEET, A RADIAL LINE TIIIlClJGIl LAST SAIO !'OINT BEARS S 36023' 36" W,
THENCE NORnIWES'l'ERLY JWB:; SAID aJRVE 'IImaJGH A CENTRAL AN3LE OF
64019'05", A DISTANCE OF 38.07 FEET, THENCE N 10042'41" E, A
DISTANCE OF 4.98 FEET 10 A !'OINT Ql TIlE s::tmIERLY RIGIfi'-OF-WAY OF
IDID STREET, SAID !'OINT = BEIN3 Ql A NDl-TANGENT aJRVE CDlCAVE
N:lRl1lERLY flAVIN3 A RADIUS OF 280.00 FEt:l' A RADIAL LINE 'I1IIOGI
LAST SAID !'OINT BEARS S 13044 '18" W; THENCE SOOTHEASTERLY JWB:;
lAST SAID aJRVE 'I1IIOGI A CENTRAL ANGLE OF 10036'12", A DISTANCE
OF 51. 82 FEET 10 TIlE N:llIDlEASTERLY roRNER OF SAID wr 6, THENCE S
3008'06" W, ALlHi THE EASTERLY LINE OF SAID lD1' 6, A DISTANCE OF
194.42 FEET 10 AN ANGLE ,!'OINT IN SAID EASTERLY LINE, THENCE S
24000'00" W, ALlHi SAID EASTERLY LINE, A DISTANCE OF 55.00 FEET 10
TIlE TRUE !'OINT OF IlEXlINNIN3.
_ 0 ~ PSOMASIHARRISON 0\lIl. (NGNIIlS :tOOl LM' SIllErl
~ tASSOClATES ~~c: ~tr:.~~~'1
EXHIBIT "2", Pugc 1 Of 2
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
PARCEL B
BEX;INNIOO KI THE fan' SOOIllERLY CORNER OF SAID wr 61 'DIENCE
N 66000'00. W, AUK; THE scx.mtERLY LINE OF SAID wr 6, A DISTANCE
OF 260.00 FEET TO THE scxmMESTERLY CORNER OF SAID wr 61 'DIENCE N
14014'51. W AI.CNG 'DIE WESTERLY LINE OF SAID wr 6, A DISTANCE OF
270.62 FEET TO THE fan' WESTERLY CORNER OF SAID wr 61 'DIENCE N
33047'04. E AUK; THE OOR1liWESTERLY LINE OF SAID wr 6, A DISTANCE
OF 3.36 FEETl 'llIENCE LEAVIOO SAID NOR'lllWESTERLY LINE S 14014' 51.
E, PARALLEL WI'DI SAID ~n.a(LY LINE OF SAID wr 6, A DISTANCE OF
142.10 FEETl '.mENCE S 66000'00. E, PARALLEL WI1H SAID SOO1liERLY
LINE OF SAID wr 6, A DISTANCE OF 32.33 FEET1 1HENCE S 14000'00.
E, A DISTANCE OF 91.68 FEET1 'DIENCE S 66000'00. E, PARALLEL WI'DI
SAID SOO'lUERLY LINE OF SAID wr 6, A DISTANCE OF 153.14 FEET1
1HENCE N 62000'00. E, A DISTANCE OF 91.68 FEETI THENCE S 66000'00.
E PARALLEL WI1H SAID SOl1l'HERLY LINE OF SAID wr 6, A DISTANCE OF
29.66 FEETI '.mENCE N 59000'41. E, A DISTANCE OF 19.24 FEET TO A
POINT ~ THE EASTERLY LINE OF SAID wr 61 1HENCE S 24000'00. W,
ALONG SAID EASTERLY LINE OF SAID wr 6, A DISTANCE OF 120.00 FEET
'10 THE 'l'RIJE POINT OF BEX;INNIOO.
^^