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HomeMy WebLinkAbout22-Water Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey General Manager Dept: Water Department Subject: Resolution of the Mayor and Common Council Granting a Revised 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: 11-1-2004 Date: October 12, 2004 OR1G\NAL Synopsis of Previous Council Action: July 22, 2004 - Resolution No. 2004-237 adopted 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) Recommended Motion: Adopt Resolution ~~iU~T ./ Signature Contact person: Bernard C. Kersey Phone: 384-5091 Supporting data attached: ves Ward: 3 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: \2t~c> ;::! ? 1:\::/1- ,':, L\ 4: J '-lIt-rH- Agenda Item No. ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council Authorizing a Revised Grant Easement to San Bernardino Valley Municipal Water District for a well and pipeline located at the City of San Bernardino Water Reclamation Plant, 399 Chandler Place, San Bernardino, CA (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, which 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 ofliquefaction 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. The original easement that was approved conflicted with an existing easement that was previously granted to Southern California Edison along the north 965 feet of the pipeline alignment. San Bernardino Valley Municipal Water District has quitclaimed the original easement back to the City of San Bernardino and requests a new non-exclusive easement be granted. The centerline ofthe revised easement is 60 feet east of the westerly property line to avoid interference with the Southern California Edison easement within Lot 23 and then goes back to the original alignment along the westerly property line of Lot 14. The revised easement will not interfere with future utilization of the property for any Water Reclamation facilities. The department has master planned a 70 foot clear zone along the western property boundary. A portion of the area subject to the easement is lease to J. G. Golfing who operates the San Bernardino Public Golf Course. San Bernardino Valley Municipal Water District has coordinated their construction activities with the operators of the golf course. The permanent easement area is 0.92 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 RESOLUTI~(Q) lP Y 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERl't/ARDINO 3 VALLEY MUNICIPAL WATER DISTRICT FOR A PIPELINE ON PROPERTY LOCATED AT 399 CHANDLER PLACE, SAN BERNARDINO (APN 0141-291-23 AND 0141-311-06) 4 5 Whereas. the City of San Bernardino owns real property situated in the City of San Bernardino, 6 County of San Bernardino located at 399 Chandler Place and the property is utilized for the City's 7 Water Reclamation Facility and a portion of which is leased for use as the San Bernardino Public Golf 8 Course: and 9 Whereas. the San Bernardino Valley Municipal Water District is desirous of locating a pipeline 10 and appurtenant facilities on the property to connect a dewatering well to another water pipeline II located within the boundaries of City of San Bernardino owned property; and 12 Whereas. the placement and use of the pipeline on the property provides significant benefits to 13 the City of San Bernardino. 14 15 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 17 18 19 20 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 21 and 0141-311-06. 22 SECTION 2. That the Mayor is hereby authorized to execute the Grant of Nonexclusive Easement. 'J' _J 24 /1/1/ /1/1/ /1//1 //1/1 25 26 27 28 /1/1 / U'1I ('r I~L" 0. J-. /Jlljo'l p~"p 1 of7 RESOLl:T10:-i OF THE MA YOR AND COYIMO"l COU"ICIL OF TilE CITY OF SA:-i BERNARDI"IO AUTHORIZING A GR.\:-iT OF EASDIENT TO SAN BERNARDINO V ALLEY MU;\iICIPAL WATER DISTRICT ') FOR A PIPEU:-iE ON PROPERTY LOCATED AT 399 CHANDLER PLACE. SAN BERNARDINO (AP:-i 0141-291- 23 AND 0141-311-06) , .) 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof. held on the 6 day of . 2004. by the following vote. to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LONGVILLE 10 MCGINNIS II DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 Rachel G. Clark. City Clerk day of .2004. 17 The foregoing resolution is hereby approved this 18 19 20 Approved as to Form and legal content: Judith Valles. Mayor City of San Bernardino 21 JAMES F. PENMAN. 22 City Attorney '), .c..) .\ , , By'. i. .~~ ) :7 / ~ 71 ct.~~ 24 ,- -,) / (J ./ 26 27 28 Page 2 of2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Bernardino Valley Municipal Water District 1350 So. "E" Street San Bernardino, CA 92412-5906 Attn: Robert M. Tincher APN 0141-291-23 and 0141-311-06 SPACE ABOVE LINE FOR RECORDER'S USE EASEMENT AGREEMENT (Pipeline & Appurtenant Facilities) This Easement Agreement ("Agreement") is executed this ;,,( day of )-Aott-~, 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 0 fw ater, Grantee desires to build a pipeline a nd appurtenant facilities within Grantor's Property. C. Grantee desires to acquire certain rights in Grantor's Propelty for purposes of constructing, maintaining, repairing, improving and operating a and appurtenant piping and electrical facilities for the transportation and storage of water, as more fully described below, on the terms and conditions of this Agreement. GRANT OF NONEXCLUSIVE EASEMENT I. Incorporation 0 f Recitals. T he recitals set forth a bove are hereby incorporated herein by this reference. 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"). For valuable consideration, the receipt of grants to Grantee an easement in gross 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: 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 pipelines together with all fixtures, electrical facilities, 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 discharge pipeline 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 J.G. Golfing Enterprises, Inc. dated March 29, 1966 and all subsequent amendments and assigrunents. B. The limited 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 the Easement that is inconsistent with the uses granted to Grantee under this Agreement. Grantor understands and acknowledges that access to Grantee's discharge pipeline is critical and that the pipeline 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 repair of existing fencing, without including vehicular access gates therein, or the provision of reasonable alternative vehicular access to Grantee. B. It is expressly understood and a greed 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 Area requiring Grantee's consent include, but are not limited to, the following: - 2 - (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 58 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 58 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 (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 0 ne hundred eighty (180) days a fier 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 and conditions as stated in this Agreement, all without cost to Grantee, and Grantee thereupon 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, or permit in existence as of the date of this non- exclusive easement is granted. Grantee shall not unreasonably withhold its consent under Paragraph 58 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. - 3 - 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 repair of Grantee's pipeline. 7. Compliance, 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 discharge 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 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, discharge piping 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 under this Paragraph 8 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 harmless Grantee and its employees, agents and affiliated entities from all claims, causes of action, 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 under this Paragraph 9 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 Agreement: (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 of this Agreement. -4- 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 By: Its: GRANTEE: San Bernardin Va municipal wat r \ "u icipal Water District, a i I I ! : ' By: Its: By; Its: I ~-- /.-- - . ... c;: L- - 5 - CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT $"~">: / ;..;, (. P Fe C> '~ 'r; (. C> ~ ~ > ? c\ (, f!. (> > " -~ -(' ~~ ~." ~-.. - ~~ ,'.-(' V A- /' --".... \..-/'....."- ~..-..."-r-<'A.-..t' :;(' ---..r.-..",,~ ~r~~ -<-X'. x............""""".d'..c<'.c<'...cx:-.o........ " ',"". ~." . ~ . ~ . " ~ . y" ~. ... , ^- ~... ~ ~ . ^-..~~~---, ::::,:':."ro,~: It, ,... I'd }". I....:. On/"',./,/,. ?, ;:"".</ beloreme, ,/)&1. ./ ( V.(c f.:. / "~I ;"..'I.~, Dale Name and TItle 01 Otficer(e,g , "JanllDoe. No!aryPubl I ~~I/<~. ~ I personally appeared c- ~i t: , t.: NamelS)01 S'gner(SI J, personally known to me ::. proved to me on the basis of satisfactory evidence ~ - - - - - ~Rl-L. ~;ER- - ~ ~ CommiSSiOn' MlIl560 ~ .. Notary Pubic . 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'.' > Attorney'in-Fact '3 ~~ - T rustee ~ ( GuardIan or Conservator ~ ',,: - Other: . r \~ ~; Signer Is Representing 5.. )5 e. ,.J.J.h.l , 1/';.( 4/""" tj it'll,. 'bv)'" -{ ::J' t. ' I ~'.'.;';"-J,-. __::.--:<: ':::.......:.-~...::,,'..:..~... /~ '-:~ -'v': "":''-"''~,...<<<<C(;<'---<--'''~<<D,,:<<-~<_.<../..:-_.;c.(.'<X.-<<W"_ _ ~ ..:.~ Document Date: (",I ,in // ;. , 2,.,-" Number 01 Pages: Signerls) Other Than Named Above: c: . PJ ./, ,G k Mol;, < 0 -i 2 S i:iC.;f" Capacity(ies) Claimed by Signer <;-(,.. $")i4,l1'''+4'('~ , " It 1999 NallOnai 'Jo:ar; lI,s,," at:on. 9350 De So~o Aye PO 80.2402. C~a:swo~h. ell 91313-2402. www.natlor.a'notary.org P'od No 5907 Reorder Call TOII-Fre<l 1-800-876-6827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~"rQ<':a: of ~al:o:~" ',~/ -c" -c ^,c"" ~'c< '0".,;< 'C^<C' ''O':'''''"c<'.7',7^ -c,. -c' ,C'^cc~.:,,,. 'Cf:""=-<X.c<'-,,<,-=-,,<,.o.i County of -;..... If,-..,. n J-v' J '.. 0 before me, I .:; /, J- L. Name anclTltle 01 Oll'ce' (e.g.. 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Son Ile<nadino County t _ _ _ ~:a:m.:~~~~ to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sn.ofth.ay executed the same in his/_ authorized capacityO<!, and that by his/ll.,,~".ir signatureJ.ill on the instrument the person~, or the entity upon behalf of which the persont2'l acted, executed the instrument. WITNESS my hand and official seal. <Q~a~ Signature 01 Notal'/PubllC :;; OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document " Description of Attached Document " ^ :-.=, I- Title or Type of Document: !.-" ; ( ;c...., ~ (- ""!I 0 J,..t.f I ..' I I I _ , Document Date: :../ j To if ~ (y: ..;...::> r.; -i'- Signer!s) Other Than Named Above: ,;'/~';Q COIle !... / ' II +-z Number of Pages: St1C',J.., -;;,,,,,,/4#-" Capacity(ies) Claimed by Signer ;I- I I;,. -c/- ,Jeft/;', I Signer's Name: L J... = Individual .;;; . :vCorporate Officer - Title!s): I r'~ ( ,) ~ "- I Partner - = Limited = General Attorney-in-Fact Trustee Guardian or Conservator Other: I ~ EXHIBIT "A" GRANTOR'S PROPERTY EXHIBIT" A" 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, pagels) 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 said 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 corner of said Lot 14; Thence Westerly 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 of the 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; Thence South one hundred fifty feet (150') along a line parallel with and two hundred feet (200') West of the East line of said Lot 23; 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, Pagels) 3 and 4 of Parcel Maps. in the Office of the County Recorder of said County. EXHIBIT "B" EASEMENT PIPELINES PARCEL 1 Revised 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 recorded 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 DO' 00' 11" West 33.00 feet; Thence (3) North 89" 58' 42" East 84.27 feet; Thence (4) South 000 18' 21" East 964.58 feet; Thence (5) South 450 00' 00" West 54.77 feet; Thence (6) South 000 19' 33" East 945.12 feet to a point at the Rice-Thorne 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; EXHIBIT "B" Parcel 1 Revised August 31, 21JO.l Page 1 of 2 PARCEL 1 Revised (Continued) PERMANENT EASEMEl'.'T (Continued) Pipeline No.1 (Continued) EXCEPT any portion thereof lying westerly of a line parallel with, and 800 feet easterly of the easterly line of 'T' 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 of the County Recorder of said County; and EXCEPT any portion thereof lying within the existing easement for said Rice-Thorne Pipeline. Said permanent easement contains an area of 0.92 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, 1924 in Book 845 at Page 268 of Deeds in the Office of the County Recorder of said County; and EXCEPT any portion thereof lying within the existing easement for said Rice-Thorne Pipeline. Said temporary easement contains an area of 1.40 acres, more or less. Note: Bearings for these descriptions are based on the following points: Point Brvn Reset URS GPS Point 1006 (Chiseled "X" on concrete near Manhole No. 1006) Distances given are based on the California State Plane Coordinate System, NAD 83, NA VD 88, with a grid to ground factor of 1.0000558. Northing 1,846,190.00 1,848,490.88 Easting 6,784,110.64 6,775,474.08 EXHIBIT "B" Parcel 1 Revised August 31, 2001 Page 2 of 2 ij~r~lm " O'C:'''-:;- n -- I I I ..... :11 ~ I I' , :: ~ I I C I I I I I I I I I I I I I I I I I I I r---------~------, I I' iCENTURYAVEN~UE-----" I I I , POINT "",* IS A ONE-INCH IRON PIPE SET BY THE CITY OF' SAN BERNARDINO IN THE CENTERUNE OF SOUTH "E" STREET AT THE INTERSECTION OF CHANDLER I PLACE. COORDINATES N 1,851,356.<4-722. E 6.775.412.9391 I CAlIFORNIA STATE PlANE COORDINATE SYSTE.... NAD 83. NAVO 88. PER SURVEY BY DAWSON at ASSOCIATES. ~: rt-I ---~---+ 0:::1 I "..... ~I I I I I _ I I '1 ( ~I I I I I R "I I I II ~I I II I =>1 I II I 01 I III- 001 I I I W I I II~ "f- BEARINGS ARE BASED ON THE FQUOWING POINTS: I I U) 11- EQltil NORTHING E.!.SIltUl lib BRYN RESET 1,846,190.00 6,784.110.64 I I = URS GPS POINT 1006 1,848....90.88 6,775,474.08 I I:I: II~ ':HISELEO -X" ON CONCRETE NEAR MANHOLE No.l00S)1 10 DISTANCES GIVEN ARE BASED ON THE CAlIFORNIA I : (.f) STATE PLANE COORDINATE SYSlEM, HAD 83. NAVO 88, I WITH A GRID TO GROUND FACTOR OF 1.??oo558. : : 'I' II : ~__~~~~~~~~~_J: I ~______________~ I I I I II :lL: : I __ I I I 3 C P P 4 10' 10' .( 20' 20' PIPELINE 1 DETAIL PIPELINE CENTERLlNES TRAVERSE DATA PIPELINE 1 [lUll ~31 -------- [l(Q)II~t4l OJ A-B rn B-C rn C-P GJ P-Q []] Q-R @] R-E 878.80' 33.00' 84.27' 964.58' 54.77' 945.12' S 69'07'34" E S 00'00'11" W N 89'58'42" E S 00'18'21" E S 45'00'00" W S 00'19'33" E l:tL~t;[~ 5~ ::II ~ ,:n)~,~~(G~'D ~/1:Jl ~rE:R],Li~RD[L"~':~' [BlJ5>:Q;[~ j' rf:S !i&JJ~l~> ~'J::.C~~~ 52 6 RICE-THORNE PIPELINE I CITY OF RIVERSIDE EASEMENT _ _ _ _ _ L _ _ _ _ _BOOK1~1~PAGE1~8_ j - - - - PROPERTY LINE LEGEND TAKE AREA TOTALS [., / / / / //1 PERMANENT EASEMENT TEMPORARY EASEMENT SBVMWD MULTI-ZONE WELLS 1 8/31/04 :.v DATE REVISED ALIGNMENT 1M MR SUB APPD DESIGNED DC DRAWN ME SUBMITTED CHECKED WRC MR PERMANENT EASEMENT = O. 92 ACRE TEMPORARY EASEMENT = 1.40 ACRES II PARCEL NO.1 Revised SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT SAN BERNARDINO, CALIFORNIA BOOKMAN-EDMONSTON A Division of GEl Consultants Glendale, California DATE: June 29. 2004 DRAWING NO. EXHIBIT "B"