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HomeMy WebLinkAbout24-Water Department . \. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey General Manager Dept: Water Department Date: June 29, 2004 OR\G\~Al Subject: Resolution of the Mayor and Common Council Granting an Easement to San Bernardino Valley Municipal Water District for a pipeline on property located at 399 Chandler Place (APN 0141-291-23 and 0141-311-06) MICC Meeting Date: 7-19-04 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution J..,~..u;{,<J' / Signature Contact person: R..rn..rrl r. K.......y phnn,,- ~R.4_~nQ1 Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (A,..,..t n~~~rirtinn) Finance: Council Notes: ~o ~otA-z..:s '1 Agenda Item No. ~ 111l\1 Dl{ " .0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Grant of Easernent to San Bernardino Valley Municipal Water District for a pipeline located at the City of San Bernardino Water Reclamation Plant, 399 Chandler Place (APN 0141-291-23 and 0141-311-06). Background: San Bernardino Valley Municipal Water District (SBVMWD) has implemented, with the participation of several water agencies within the Bunker Hill Basin, a Pilot Dewatering Project. The goal of the project is to lower groundwater levels within the pressure zone of the basin to reduce the threat of liquefaction and damage to roads and structures that occur when there is high groundwater. SBVMWD recently completed additional analysis and studies and filed a Notice of Determination for a Mitigated Negative Declaration for continuation of the dewatering program and a revised goal to maintain groundwater within the pressure zone thirty feet below ground surface. There are a number of existing wells operated by various water agencies that are used to assist in the program but they are not all designed to extract water from the upper water bearing areas of the aquifer. SBVMWD has designed two wells that they will install as part of the dewatering program should be more effective in targeting groundwater extraction from the upper water bearing area of the aquifer and make dewatering of an area more effective. One of the wells is located on the site of the old post office building at Chandler Place and South E Street and the other is located at the south end of the City's Water Reclamation Plant. Both wells will connect via pipelines to a pipeline owned by the City of Riverside which will discharge water into the Riverside Canal and deliver water to Prado Basin. Agreements are in place for delivery of dewatering water from this project to Orange County Water District at Prado Basin. The Water Reclamation Plant receives benefit from these wells in that they will help maintain water levels when they are close to the ground surface and cause maintenance problems and potential structural damage at the plant, including reducing the threat of liquefaction and catastrophic failure when water is near the ground surface and there is a seismic event. The permanent easement for the pipeline will connect the well located at the old post office site to the pipeline owned by the City of Riverside and will run along the western property line of Water Reclamation Facility property boundary. This area is lease to J. G. Golfing who operates the San Bernardino Public Golf Course. The permanent easement area is 0.88 acre, more or less and will not cause any interference with our existing or planned use of the property. Financial Impact: None Recommendation: Adopt Resolution . I 0 2 3 4 5 6 7 8 9 10 II 12 13 14 C IS 16 17 18 .~:... 19 20 21 22 23 24 25 26 27 0 28 RESOLUTI~~Y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT FOR A PIPELINE ON PROPERTY LOCATED AT 399 CHANDLER PLACE, SAN BERNARDINO (APN 0141-291-23 AND 0141-311-06) Whereas, the City of San Bernardino owns real property situated in the City of San Bernardino, County of San Bernardino located at 399 Chandler Place and the property is utilized for the City's Water Reclamation Facility and a portion of which is leased for use as the San Bernardino Public Golf Course; and Whereas, the San Bernardino Valley Municipal Water District is desirous of locating a pipeline and appurtenant facilities on the property to connect a dewatering well to another water pipeline located within the boundaries of City of San Bernardino owned property; and Whereas, the placement and use of the pipeline on the property provides significant benefits to the City of San Bernardino. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: .._.- .~.'" SECTION 1. That the Grant of Nonexclusive Easement to San Bernardino Valley Municipal Water District for a water pipeline and appurtenant facilities situated on City of San Bernardino owned. property located at 399 Chandler Place be approved. The Grant of Nonexclusive Easement is set forth on Exhibit I attached hereto and by this reference made a part hereof. Reference APN 0141-291-23 and 0141-311-06. SECTION 2. That the Mayor is hereby authorized to execute the Grant of Nonexclusive Easement. 11111 11111 11111 Page 1 of 2 #.;It./ / /19~'! 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C IS 16 17 RESOLUTION OF TilE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO V ALLEY MUNICIPAL WATER DISTRICT FOR A PIPELINE ON PROPERTY LOCATED AT 399 CHANDLER PLACE, SAN BERNARDINO (APN 0141-291- 23 AND 0141-311-06) ., I HEREBY CERTIFY that the fore~oing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of Council Members: , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT AYES ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK The foregoing resolution is hereby approved this Rachel G, Clark, City Clerk day of ,2004. -..:;..:; Judith Valles, Mayor City of San Bernardino Page 2 of 2 o c c RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District 1350 So. "E" Street San Bernardino, CA 92412-5906 Attn: APN 0141.291.23 and APN 0141.311.06 SPACE ABOVE LINE FOR RECORDER'S USE EASEMENT AGREEMENT (Water Pipeline Facilities) This Easement Agreement ("Agreement") is executed this _ day of July, 2004, by and between the City of San Bernardino, a municipal corporation ("Grantor") and San Bernardino Valley Municipal Water District, a municipal water district ("Grantee"), who agree as follows: RECITALS A. Grantor owns real property situated in the City of San Bernardino, County of San Bernardino, State of California, as more particularly described in Exhibit A. attached hereto and by this reference made a part hereof ("Grantor's Property"). ' B. Grantee is municipal water district and transports water for various uses. To accommodate the transportation of water, Grantee desires to build a subsurface pipeline and appurtenant facility within Grantor's Property. C. Grantee desires to acquire certain rights in Grantor's Property for purposes of constructing, maintaining, repairing, improving and operating a pipeline and appurtenant facilities for the transportation of1'if.ter, as more fully described below, on the terms and conditions of this Agreement. GRANT OF NONEXCLUSIVE EASEMENT I. Incorporation of Recitals. The recitals set forth above are hereby incorporated herein by this reference. For valuable consideration, the receipt of grants to Grantee an easement in gross 2. Grant of Nonexclusive Easement. which is hereby acknowledged, Grantor hereby ("Easement") as hereinafter described. 3. Location of Easement. The Easement granted herein is located as described on Exhibit B attached hereto and by this reference made a part hereof ("Easement Area"). 4. Description of Easement. The Easement shall be nonexclusive and shall commence upon execution of this Easement Agreement ("Commencement Date"). The Easement shall be used by Grantee as follows: Exhibit 1 -1- o EASEMENT AGREEMENT (Water Pipeline Facilities) A. An easement over, under, across, and through the Easement Area. The grant includes the right to construct, lay, operate, patrol, maintain, repair, reconstruct, modify, alter, enlarge, add to, relay; remove, and replace subsurface pipeline and appurtenant facilities for the transportation of water, together with all fixtures, communications, data or control facilities, and any other devices or appurtenances, either above or below the ground surface, used or useful with respect to the pipeline and well that Grantee may wish to construct or permit to be constructed. Grantee's use and right hereunder are restricted by that certain Use Lease and Agreement between Grantor and assignee, J. G. Golfing, Inc., dated March 29, 1966 and all subsequent amendments and assignments. B. The right of access over, ingress to and egress from and along the Easement Area and on, over, and across drives and roadways which now exist or which may hereafter be constructed thereon and the use of which is reasonably necessary to accomplish Grantee's purposes. 5. Grantor's Use of the Easement. While' the Easement granted pursuant to this Agreement is non-exclusive, it is expressly understood and agreed that Grantor and its successors or assigns, does not have the right to use th~ Easement that is inconsistent with the uses granted to Grantee under this Agreement. Grantor understands and acknowledges that access to Grantee's pipeline is critical and that the pipeline and well shall be constructed with specific load capacity requirements and that uses inconsistent with Grantee's use of the Easement Area could have a material adverse impact on Grantee's use of the Easement. A. Inconsistent uses include, but are not limited to, the following: (I) Erection or construction of buildings or other structures; (2) Drilling or excavation; (3) Borings; '~, (4) Operation of mines; (5) Use of explosives; (6) Planting of trees; (7) Erection or construction of solid property or field barriers, such as rock, cinder block or concrete walls; and (8) Erection or construction of cross fencing within said easement parcel(s), excluding any existing fencing, without including vehicular access gates therein, or the provision of reasonable alternative vehicular access to Grantee. B. It is expressly understood and agreed that Grantor and its successors or assigns, do not have the right, without the prior written consent of Grantee which consent shall not be unreasonably withheld, conditioned or delayed, to make any use of the Easement Area that would encroach on the uses granted to Grantee under this Agreement. Uses of the Easement o Area requiring Grantee's consent include, but are not limited to, the following: c Exhibit 1 -2- o c o EASEMENT AGREEMENT (Water Pipeline Facilities) (I) Construction of roadways (other than dirt or gravel roads), installation of above ground, surface or subsurface utilities, or making any other surface or subsurface alterations or improvements; (2) Erection or construction of fencing of any kind or nature, except as specifically prohibited above; (3) Alteration of the ground surface elevation by more than twelve (12) inches. C. Grantor retains the right to: (I) Operate, construct, reconstruct, maintain, inspect, repair, replace, relocate and remove both existing and future improvement to the areas within the Easement Area that do not conflict with Paragraphs 5A and/or 5B above; (2) Construct, reconstruct, maintain, operate, inspect, repair, replace, relocate, and remove both existing and future infrastructure, that such infrastructure does not conflict with Paragraphs 5A and/or 5B above and do not require the relocation of 'any of Grantor's major underground facilities or hinder the construction, laying, operation, patrol, maintenance, repair, reconstruction, modification, alteration, enlargement, addition, relay, removal, and replacement of Grantee's pipelines and wells; and (3) Require Grantee, at the Grantor's expense, to remove and relocate all improvements placed by the Grantee upon said real property, upon the reasonable determination by Grantor that Grantee's improvements will interfere with future development of Grantor's property. Within one hundred eighty (180) days after Grantor's written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to feasible location on the property of Grantor, as reasonably designated by Grantor, and Grantor shall furnish Grantee with an easement for the new location, on the terms -t;:ill1d conditions as stated in this Agreement, all without cost to Grantee, and Grantee t1ie~pon shall reconvey to Grantor the easement herein granted. D. It is expressly understood and agreed that Grantor, and its successors or assigns, do not have the right, without prior written approval of Grantee, to grant any easement or license, or permit any encroachment of any kind whatsoever in or over the Easement Area, excluding any existing easement, license, use agreement or permit in existence as of the date of the non-exclusive easement is granted. Grantee shall not unreasonably withhold its consent under Paragraph 5B above, or approval under this Paragraph 5D, so long as any proposed activity, construction, or improvement is designed in accordance with generally accepted engineering principles and practices for the protection of Grantee's facilities and Grantee's rights as granted herein. E. Grantor, its successors or assigns, retain all aspects of fee ownership and the right to make all uses of the Easement Area, including, but not limited to, access, ingress, and egress over, through, and across the Easement Area and to and from adjoining parcels, that do not unreasonably interfere with Grantee's rights as described in this Agreement. Exhibit 1 -3- o EASEMENT AGREEMENT (Water Pipeline Facilities) 6. Restoration. Grantee agrees that it shall replace any eXlstmg, or future improvements installed in accordance with this Agreement that may be damaged during construction, operation or rt!pair of Grantee's pipelines and/or wells. 7. Comoliance. Grantee, at Grantee's sole cost, shall be responsible for compliance with all federal, state and local laws, ordinances, rules and regulations ("Laws") now and in the future applicable to the use, installation, maintenance and repairs of Grantee's pipeline and appurtenant facilities. 8. Grantee's Indemnitv Obligation. Grantee agrees to indemnify, defend and hold harmless Grantor, and its employees, agents,.and affiliated entities of and from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantor) or .detriment of any nature whatsoever to Grantor, or the Property, arising from or related to Grantee's use of the Easement Area, and the construction, operation, maintenance or repair of the water pipeline and appurtenant facilities, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantee's indemnity obligations of this Paragraph 9 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence or intentional acts of Grantor. . 9. Grantor's Indemnitv. Grantor agrees to indemnify, defend and hold Grantee and its employees, agents and affiliated entities of and from all claims, causes of actions, damages, costs (including the cost of investigators, consultants and attorneys selected by Grantee) or detriment of any nature whatsoever to Grantee arising from Grantor's activities on the Property, including without limitation, claims for personal injury and property damage, equitable remedies (including injunctive relief) of any nature whatsoever; provided, however, Grantor's indemnity obligations of this Paragraph 10 shall not apply to claims, causes of action, costs or detriment caused by the sole active negligence or intentional acts of Grantee. 10. Entire Agreement; Binding Effect; Amendments. This ~:eement: (a) is intended by Grantor and Grantee as a final expression and complete and exclusive statement of their agreement with respect to the terms included herein, and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms are superseded and shall not be admissible or effective for any purposes; (b) shall be binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns; and (c) may not be amended or modified except by a written agreement executed by Grantor and Grantee. 11. Attornevs' Fees. In any action between Grantor and Grantee arising from or related to this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to damages, injunctive or other relief, if any, all costs and expenses, reasonably incurred at, before and after trial or on appeal, or in any bankruptcy proceeding, including without limitation, attorneys' fees, witnesses' fees (expert and otherwise), deposition costs, copying charges and other expenses. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes C of this Agreement. c Exhibit 1 -4- o o o EASEMENT AGREEMENT (Water Pipeline Facilities) IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date first above written. GRANTOR: City of San Bernardino, a California munIcipal corporation By: Judith Valles Its: Mayor GRANTEE: San Bernardino Valley Municipal Water District, a municipal water district ' By: Its: By: Its: ....,,,;,:.- ~... Exhibit 1 -5- o c o STATE OF CALIFORNIA COUNTY OF ,. ) : ss. ) On , 2004, before me, . personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS .my hand and official seal. -r,,- . Notary Public in and for said County and State Exhibit 1 -6- o c o .' STATE OF CALIFORNIA ) : ss. COUNTY OF ) On , 2004, before me, . personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State .-....F..- .- -.:..-;.0- Exhibit 1 -7- o c ..' EXHIBIT fl A fl All that certain real property situated in the County of San Bernardino, State of California, described as follows~ , All that portion of Lots 23 and 14 in Block 54 of Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, page(s) 2, of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the East line of said Lot 23, which is two hundred feet (200') South of the Northeast comer of sai'd Lot 23; Thence South along the East line of said Lot 23 and 14, to a point which is three hundred sixty feet (360') North of the Southeast comer of said Lot 14; Thence Southwesterly in a straight line to a point on the South line of said Lot 14, which is seven hundred eighty feet (780') West of the Southeast comer of said Lot 14; Thence W esterl y along the South line of said Lot 14 to a point which is eight hundred feet (800') East of the East line of "E" Street, 82.5 feet wide, as conveyed by the deed from the City of Riverside to the County of San Bernardino, which was recorded May 23, 1924, in Book 845, at page 268 of Deeds; Thence North along a line parallel with and eight hundred feet (800') East ofthe East line of "E" Street to a point which is fifty feet (50') South of the North line of said Lot 23; Thence East along a line parallel with and fifty feet (50') South of the North line of said Lot 23, to a point which is two hundred feet (200') West of the East line of said Lot 23; "C.. Thence South one hundred fifty feet (ISO') along a line parallel with and two hundred'net (200') West of the East line of said Lot 23; o Thence East along a line parallel with and two hundred feet (200') South of the North line of said Lot 23 to the point of beginning. Except that portion included in Parcel Map 5284, as per Map recorded in Book 51, Page( s) 3 and 4 of Parcel Maps, in the Office of the County Recorder of said County. o o o PIPELINES PARCEL 1 Easements for San Bernardino Valley Municipal Water District (SBVMWD) purposes in Lots 14 and 23 of Block 54 of Rancho San Bernardino as shown by Map recordeq in Book 7 of Maps at Page 2 in the Records of San Bernardino County; located in the incorporated area of the City of San Bernardino, State of California, described as follows: PERMANENT EASEMENT Pipeline No.1 A strip of land, 20 feet in width, lying 10 feet on each side of the following described centerline: Beginning at a point at the location of SBVMWD Well No.1, which lies (1) South 690 07' 34" East 878.80 feet from a point in the centerline of South "E" Street at the intersection of Chandler Place, marked by a one-inch iron pipe set by the City of San Bernardino, coordinates North 1,851,356.4722 feet, East 6,775,412.9391 feet, California State Plane Coordinate System, NAD 83, NA VD 88, per survey by Dawson &Associates; Thence (2) South 00 00' 11" East 33.00 feet; Thence (3) South 450 00' 00" East 64.00 feet; Thence (4) South 00 19' 32" East 1,903.15 feet to a point at the Rice-Thome Pipeline in the center of a 25-foot easement to the City of Riverside, recorded May 24, 1940 in Book 1416 at Page 108 of Official Records; ."'4/ .- EXCEPT any portion thereof lying westerly of a line parallel with, and 800 feet easterly of the easterly line of "E" Street, 82.50 feet in width, as conveyed to the County of San Bernardino by deed recorded May 23,1924 in Book 845 at Page 268 of Deeds in the Office EXHIBIT "B" Parcel 1 June 29, 2004 Page lof2 c c o PARCEL 1 (Continued) PERMANENT EASEMENT (Continued) , Pipeline No.1 (Continued) of the County Recorder of said County; and EXCEPT any portion thereof lying within the existing easement for said Rice- Thome Pipeline. Said permanent easement contains an area of 0.88 acre, more or less. Along said pipeline there shall be no more than one-aboveground appurtenant structure, which shall occupy a surface area of no more than four (4) feet in diameter and which shall not exceed a height of four (4) feet. TEMPORARY EAsEMENT Pipeline No.1 A strip of land, 10 feet in width, lying parallel to, contiguous to, and westerly of the Permanent Easement for Pipeline No. 1 as hereinabove described; And a strip of land; 20 feet in width, lying parallel to, contiguous to, and easterly of the Permanent Easement for Pipeline No. 1 as hereinabove described; EXCEPT any portion thereof lying westerly of a line parallel with, and 800 feet easterly of the easterly line of "E" Street, 82.50 feet in width, as conveyed to the County of San Bernardino by deed recorded May 23, 19Z.i,in Book 845 at Page 268 of Deeds in the Office of the County Recorder of said County; anaEXCEPT any portion thereof lying within the existing easement for said Rice- Thorne Pipeline. Said temporary easement contains an area of 1.34 acres, more or less. Note: Bearings for these descriptions are based on the following points: Point Bryn Reset URS GPS Point 1006 (Chiseled "X" on concrete near Manhole No. 1006) Northing 1,846,190.00 1,848,490.88 Easting 6,784,110.64 6,775,474.08 EXHIBIT "B" Parcel 1 June 29, 2004 Page 2 of 2 r~,~~~::::~J-IU _;~:;---~--l I ' ',I ~ I I i Ii" 2 C. 3 I ': ----- II Ii ,I I I ~________________, I rCENTIJRYAVENUE-----~ I . , PaNT "A" IS A ONE-INQI IRON PFE SEr BY lHE CITY Of' SIN IlERNNlDIlO IN THE CEIIIERlH! Of' soutH "E" STREEr AT lItE ",UQU;lIOIl Of' CIWIIlUR PI.\CE, COCIIlDINAml N 1,851.358.4722, E e.ns.412.tJ91 CAlEORNfA Sf AlE P\NIE COORllINAlE !mnEII. IWl 83. HAW lIlI, PER SUR'IEY PERFllAIIEIl BY llMSON " ASSOlMTa ! U--------- liil I I ,.., W'I' I I I!" I' ) ( Wi I I J:I I I f-I , I ~ ' : ~ ~I I I ~I I I' f-I I I Wi I I 0' I I I I I I J:' ,,, ~' , I 01 I, Wi , I I I I I " I " I I , I ~=:~g~!:~~==~~ I : : [ CITY OF RIVERSIDE I EASEMENT I ~__ _____ ~C:OKI416~~GE108 _____~ LOTS 14 & 23 OF BLOCK 54, RANCHO SAN BERNARDINO NOTTOSCALE v.~ESSI .~~~\~ ~" "J '::t ~ - - CI " t I LEGEND PROPERTY LINE V / / / / /"j PERMANENT EASEMENT 1<<<<<<1 TEMPORARY EASEMENT 10' 4 PIPELINE 1 DETAIL PIPELINE CE NES TRAVERSE DATA III (A-Il) S 89"0T34" E 878.80' 1ll(B-C) S 00"00'11" E 33.00' 1L(Q)1 ~~ . []](c-D) S 45"00'00" E 64.00' _ _ _ _ _ _ _ _ _ _ _ _ (iJ(D-E) Soo"19'32"E 1,903.15' 1L(Q)1~~ I8ILOCK 54 OF MNCHO SAlNIlBElRtMRDIINJOi 180011( 7 OF MAPS, PAGE 2 RICE-lliORNE PIPELINE TAKE AREA TOTALS PERMANENT EASEMENT = 0.88 ACRE TEMPORARY EASEMENT = 1.35 ACRES II PARCEL NO.1 SBVMWD MULTI-ZONE WELLS REV DATE DESIGNED DC DRAWN ME SUB APPD SUBMITTED WRC CHECKED MR SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT SAN BERNARDINO, CALIFORNIA BOOKMAN-EDMONSTON A Division of GEl Consultant, Inc. Glendale, California DATE: June 29. 2004 DRAWING NO. EXHIBIT "B"