HomeMy WebLinkAbout1983-320
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RESOLUTION NO.
83--320
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN
~ERNARDINO WHICH ALLOWS THE PUBLIC SAFETY AUTHORITY TO ACCEPT,
,IHOLD, MANAGE, CONTROL AND DEPOSIT AT INTEREST CONTRIBUTIONS OF THE
I!PARTIES TO BE USED FOR THE EXPANSION OF THE SEWER TREAn1ENT PLANT
;FACILITY, AND AMENDS THE LEGAL DESCRIPTION TO ADD TO THE REAL
!PROPERTY LEASED TO THE AUTHORITY BY THE CITY FOR THE OPERATION OF
iTHE SEWAGE TREATMENT PLANT FACILITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
,SAN BERNARDINO AS FOLLOWS:
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I~ SECTION 1. The Mayor of the City of San Bernardino is hereby
:authorized and directed to execute on behalf of said City a Fourth
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I!Amendment to Joint Exercise of Powers Agreement between the City
~o. San Bernardino and the County of San Bernardino to effect the
ifollowing changes:
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1.
Allows the Public Safety Authority to accept, hold,
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manage, control and deposit at interest contributions of the
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Iparties to be used for the expansion of the sewer treatment plant
facility.
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2. Amends the legal description to add to the real property
]9 leased to the Public Safety Authority by the City for the
20 operation of the sewage treatment plant facility.
21 IA copy of the Fourth Amendment to Joint Exercise of Powers
22 Agreement is annexed hereto as Exhibit "I" and incorporated
23 herein by reference as fully as though set forth at length.
24 I HEREBY CERTIFY that the foregoing resolution was duly
25 adopted by the Mayor and Common Council of the City of San
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I Bernardino at a regular
Ion the 19th day of September
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meeting thereof, held
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, 1983, by the
28 following vote, to wit:
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Council Members
Castaneda, Reilly, Hernandez,
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AYES:
Marks, Quiel, Frazier, Strickler
None
NAYS:
None
ABSENT:
,#dL/71/b ,(!!6~
/ Ci ty Clerk
The foregoing resolution is hereby approved this ~u7,( day
September
, 1983.
of
Approved as to form:
~ ~~~e~
City At orney
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3/2/83
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III
FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THE COUNTY OF SAN BERNARDINO CREATING
THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY
This Amendment, dated for convenience as of }1arch 7th
1983, by and between the CITY OF SAN BERNARDINO, a municipal
corporation of the State of California (the "City") and the
COUNTY OF SAN BERNARDINO, a body corporate and politic of the
State of California (the "County");
WIT N E SSE T H:
WHEREAS, the City and the County have by a joint
exercise of powers agreement (the "Agreement"), dated as of
April 1, 1968, created the San Bernardino Public Safety Authority
(the "Authority"); and
WHEREAS, said Agreement, as amended, authorized the
Authority to exercise certain powers common to the City and the
County, inter alia, the acquisition of a site or sites for and
the acquisition, construction and financing of sanitary sewer
facili ties; and
WHEREAS, the Authority and the City now propose to amend
the Ground Lease (referred to in Section 7 of the Agreement), by
which the site for the Sewage Treatment Plant Project (the
"Project") was leased by the City to the Authority, and the
financing lease (referred to in Section 11 of the Agreement), by
which the Project was subleased by the Authority to the City, to
cover certain property in addition to that property shown and
described in "Exhibit A - Sewage Treatment Plan Project,"
attached to the Agreement; and
WHEREAS, the parties hereto, to affirm the power of the
Authority to so amend said Ground Lease and said financing lease,
propose to enter into this Amendment; and
WHEREAS, the expansion of certain sewage treatment plant
facilities is required for the health, safety and benefit of the
inhabitants of the City and County; and
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WHEREAS, said facilities may be financed by the means of
assessments and fees collected from the public agencies benefited
by such expansion and deposited with the Public Safety Authority;
and
WHEREAS, the parties to said Agreement wish to delegate
to the Authority the common powers to accept, hold, manage,
control, and deposit at interest contributions of the parties to
this Agreement to be used for the expansion of the sewer
treatment plant facilities;
NOW, THEREFORE, the City and the County, for and in
consideration of the mutual promises and agreements herein
contained do agree as follows:
Section 1. Section 1 is amended to read as follows:
This Agreement is made pursuant to the provisions of
Article 1, Chapter 5, Division 7, Title 1 of the Government Code
of the State of California (commencing with Section 6500, herein-
after called "Act") relating to the joint exercise of powers
common to public agencies, in this case being the City and the
County. The City and County each possess the powers referred to
in the recitals hereof. The purpose of this Agreement is to
exercise such powers by: (1) acquiring a site or sites for and
acquiring, constructing, maintaining, operating and leasing
public safety buildings for the detention and incarceration of
prisoners, both adult and juvenile, of the City and County,
including prisoner housing, interrogation, assembly, training and
subsidiary areas, together with any other buildings with
facilities and appurtenances necessary or convenient therefor as
well as the construction, repair, surfacing or resurfacing of any
roads and roadways necessary or covenient to provide access to
any of the facilities (said site or sites and said buildings with
said facilities and appurtenances are herein referred to as
"Site" and "Building" respectively and are collectively referred
to as "Detention Facilities Project"), (2) acquiring a site or
sites for and acquiring, constructing, maintaining, operating,
and leasing sanitary sewer facilities, including, but not limited
to, sanitary sewage treatment plants and such other sanitary
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sewage facilities as may be necessary in connection therewith
(said site or sites and said facilities are herein referred to as
"Site" and "Facilities" respectively and are collectively
referred to as Sewage Treatment Plant Project"), and (3)
accepting, holding, managing, controlling, and depositing at
interest contributions of the parties to this Agreement, subject
to such conditions, if any, thereon as specified by the party
making the contribution and agreed upon by the Authority, to be
used for the expansion of the sewer treatment plant facilities
and to benefit those public agencies by providing them additional
sewage treatment capacities and increasing the quality and
quantity of sewage affluent processed. Such purpose will be
accomplished and said common powers exercised in the manner
hereinafter set forth.
Section 2. Section 4 is amended to read as follows:
The Authority shall have the powers common to City and
County set forth in Section 1 of this Agreement and herein some-
times referred to as "common powers", to wit: (1) acquiring a
site or sites for acquiring, constructing, maintaining, operating
and leasing public safety buildings for the detention and
incarceration of prisoners, both adult and juvenile, of the City
and County, including prisoner housing, interrogation, assembly,
training and subsidiary areas, together with any other buildings
with facilities and appurtenances necessary or convenient
therefor as well as the construction, repair, surfacing or
resurfacing of any roads and roadways necessary or convenient to
provide access to any of the facilities, (2) acquiring a site or
sites for and acquiring, constructing, maintaining, operating and
leasing sanitary sewer facilities, including, but not limited to,
sanitary sewage treatment plants and such other sanitary sewage
facilities as may be necessary in connection therewith, and (3)
accepting, holding, managing, controlling, and depositing at
interest contributions of the parties to this Agreement, subject
to such conditions, if any, thereon as specified by the party
making the contribution and agreed upon by the Authority, to be
used for the expansion of the sewer treatment plant facilities
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and to benefit those public agencies by providing them additional
sewage treatment capacities and increasing the quality and
quantity of sewage affluent processed. The Authority is hereby
authorized, in its own name, to do all acts necessary for the
exercise of said common powers for said purpose, including, but
not limited to, any or all of the following: to make and enter
into contracts, to employ agents and employees, to acquire,
construct, manage, maintain, operate and lease any buildings,
works or improvements, to acquire, hold or dispose of property
within the County of San Bernardino, to lease the Site and
Detention Facilities Project and the Site and Sewage Treatment
Plant Project, or any part thereof, to incur debts, liabilities
or obligations which do not constitute a debt, liability, or
obligation of the City or the County, and to sue and be sued in
its own name. Such powers shall be exercised in the manner
provided in said Act, and, except as expressly set forth herein,
subject only to such restrictions upon the manner of exercising
such powers as are imposed upon the County in the exercise of
similar powers. The Authority may also issue revenue bonds
pursuant to Article 2, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (commencing with
Section 6540, hereinafter called "Bond Act") and any other
applicable laws of the State of California, and, without limiting
the generality of the foregoing, the Authority is also authorized
to incur other forms of indebtedness pursuant to Section 6547.1
of the Government Code.
Section 3. section 7 is amended to read as follows:
At such time or times as Authority requests, (1) County
shall lease to Authority, by means of a Ground Lease or Leases,
all or any part of the property as shown and described on the
attached "Exhibit A - Detention Facilities Project" (consisting
of Parcels 1, 2, and 3) hereby made a part hereof; provided
however that County may reserve such subsurface rights and
surface easements as are necessary for the purpose for which such
property is owned and (2) City shall lease to Authority, by means
of a Ground Lease or Leases, all or any part of the property as
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shown and described on the attached "Exhibit A - Sewage Treatment
Plant Project" (consisting of Parcels 1, 2, 3, and 4) hereby made
a part hereof; provided, however, that City may reserve such sub-
surface rights and surface easements as are necessary for the
purpose for which such property is owned. The consideration for
each such lease shall be $1.00.
Section 4. Section 23 is amended to read as follows:
The Treasurer of Authority shall have custody of
Authority property and disburse Authority funds pursuant to the
accounting procedures developed in accordance with the provisions
of Section 12; provided that the provisions of any resolution of
Authority authorizing the issuance of revenue bonds shall control
regarding the custody and disbursement of the proceeds of any
revenue bonds issued pursuant thereto or any revenue pledged to
the payment of such bonds.
Additionally, the Treasurer of Authority shall assume
the duties (to the extent not covered by the duties assigned to
any trustee) described in California Government Code Section
6505.5, to wit:
(a) Receive and receipt for all money of Authority
and place it in the County treasury to the credit of
Authority
(b) Be responsible upon his official bond for
safekeeping and disbursement of all Authority money so
held by him;
(c) Pay, when due, out of moneys of Authority so
held by him, all sums payable on outstanding bonds and
coupons of Authority;
(d) Pay any other sums due from Authority, from
Authority money, only upon warrants of the Auditor of
Authority;
(e) Verify and report in writing on the first day
of July, October, January, and April of each year to
Authority and to City and County the amount of money he
holds for Authority, the amount of receipts since his
last report, and the amount paid out since his last
report.
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(f) Hold, manage, and control the special fund of
contributions of the parties to this Agreement to the
Authority to be used for the expansion of the Sewage
Treatment Plan Facilities.
Subject to the applicable provisions of any indenture or
financing agreement, which may provide for a trustee to receive,
have custody of and disburse Authority funds, the Treasurer of
Authority shall have the custody of and disburse Authority funds
pursuant to the accounting procedures developed in accordance
with the provisions of Section 12 hereof and as nearly as
possible in accordance with normal County procedures.
The public officers, (namely, the Auditor and Treasurer
of the Authority) herein designated as the persons responsible
for any moneys of Authority are hereby also designated as
responsible for all other property of Authority and each of said
officers shall file an official bond in an amount to be fixed by
the parties.
The Auditor of the Authority shall draw warrants to pay
demands against the Authority when the demands have been approved
by any person authorized to so approve in accordance with the
accounting provisions developed in accordance with the provisions
of Section 12 hereof.
The Board of Supervisors of the County shall determine
charges to be made against the Authority for the services of the
County officers serving ex officio as officers of the Authority.
Section 5. "Exhibit A - Sewage Treatment Plant Project"
is amended to add Parcel No. 3 and Parcel No.4, as set forth in
the Attachment to this Fourth Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this
Joint Exercise of Powers Agreement Amendment to be executed and
attested by their proper officers thereunto duly authorized, and
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first above written.
their official seals to be hereto affixed, as of the day and year
Attest:
~ddl/'?/.~
/ City C erk
(Seal)
Attest:
(Seal)
By
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halrman 0 e
of Supervisors
CAl McElWAIN
I HEREBY APPROVE th~ form and legality of the foregoing
Joint Exercise of Powers Agreement Amendment this 4 +~ day of
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, 1983.
I HEREBY
JOin~iSe of
fII'"
APPROVE the form
Powers Agreement
, 1983.
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County Counsel
::~;::Q w:a~
and legality of the foregoing
Amendment this /~ day of
City Attorney
City of San Bernardino
By/l~ ~~9
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STATE OF CALIFORNIA
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) SSe
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COUNTY OF SAN BERNARDINO
On this 2.-2- day of s.-=:D-t-~ hvL- , in the year
1983, before me, the undersigned, a Notary Public, State of
California, duly commissioned and sworn, personally appeared
J..u R- t---\o Ico 1')1\ ~ , known to me to be the Mayor, and
-':::)kfLl'-.f'\('-.... (UlC\.t-K , known to me to be the City Clerk,
respectively, of the City of San Bernardino, a municipal
corporation of the State of California, that executed the within
instrument and known to me to be the persons who executed the
within instrument on behalf of said municipal corporation therein
named, and acknowledged to me that such municipal corporation
executed the within instrument pursuant to a resolution of the
Mayor and Common Council of said City.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed my official seal on the day and year in this
certificate first above written.
~(r---.)- &~ C . ;!;)-<.-c.J-dLLr
Notary Public
State of California
(OFFICIAL SEALI
SANDRA A. LOWDER
NOTARY PU811C - CAlifORNIA
SAN BERNARDINO COUNTY
My Commission Expires Dec. 7, 1985
STATE OF CALIFORNIA )
) SSe
COUNTY OF SAN BERNARDINO )
On this Jl/!!! day of ~--C/I ' in the year
1983, before me, the undersigned, a Notary Public, State of
ca1~i ornia, dUIY'J}hC ~jssioned and sworn, personally appeared
r~ i. 1H.!!::.t;:.bIt,----'AL , known to me to be the Chairman,-e:f\'d
, .
rc~paGtivelY7 of the Board of Supervisors of the County of San
Bernardino, a political subdivision of the State of California,
that executed the within instrument on behalf of such political
subdivision therein named and acknowledged to me that such
political subdivision executed the within instrument pursuant to
a resolution of its governing board.
IN
and affixed
certificate
WITNESS WHEREOF, I have hereunto subscribed my name
my official seal on the day and year in this
first above written.
(Seal)
I~.?"'~'!::'<' (OF~IC;AL SEAL)
!t~,)!:.')) MARTHA M. SEKERAK
'II. 1,""_.,....' .:".' '.:/P NOTARY PUBLIC. CALIFORNIA'
\ ~.Y. ,',.'" ,', ',' ',j
I ":,' SM BERNARDINO COUNTY
My Commission Expires Nov. 27, 1984 _
9f~~
Not ublic
State of California
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"EXHIBIT A::...., SEWAGE TREATMENT PLANT PROJECT'"
PARCEL NO.1
All L~at portion of Lots 23 and 14 in Block 54 of Rancho San
Bernardino, as per plat recorded in Book 7 of Maps, at Page 2,
records of San Bernardino County, as follows:
Beg inning at a point in the east'line of, said Lot 23, which
is two hundred feet (200') south of the northeast corner of said
Lot 23;
Thence south along the east line of said Lots 23 and 14, to
a point which is three hundred sixty feet (3601) north of the
southeast corner of said Lot 14;
, Thence sou~~westerly in a straight line to a point on the
south line of said Lot 14, v,hich is seven hundred eighty feet
(780') v;rest of the southeast corner of said Lot 14;
Thence Hesterly along "t:..c"-le south line of said tot 14 to a
poi~t wn~c~ is eight hundred feet (8001) east of the east line
~"~"S' ..... 825.c." . d'" - d .
OI:.t. "Cree,-, . "-ee"C veJ_Qe, as conveye ny "C...'1.e oee from ,me
City of Riverside to ~'1.e County of San Bernardino, v.'hich was
recorded May 23, 1924, in B60k 845, at page 268 of Deeds;'
Thence nor~'1. along a l'ne parallel-wi~L and eight hundred
feet (800 I) east of the east line of "E" Street to a ooint \'7hich
is fifty feet (SOl) south of "t:..c~e north line of said Lot 23;
Thence east along a lLDe parallel with and fifty feet (50')
sou~~ of the nor~- line of said Lot 23, to a point which is two
hundred feet (200') .,est ,of the east line of said Lot 23;
Thence south one hundred fifty feet (150') along a line
parallel with and tHO hundred feet (200') ,,'est of the east line
of said lot 23).
Thence east along a line Firal1el with and two hundred feet
(200') south of the north line of said Lot 23 to the point of
beg inniIl.g .
P.~Rc:EL NO.' 2'
That portion of the West 1/3 of Lots 13 and 24, Block 54,
Rancho S an Bernardino, as per plat recorded in Book 7 of Maps.,
page 2, records of said County, described as follows: '
Beginning at the Northwest corner of Lot 24 of said Block 54;
thence South 89" 3 6 I 13.5" East along the North line of said Lot 24;
293.58 feet; thence South 0" 20' 14" \\lest 1164.07 feet to the
ATTACHMENT TO FOURTH AMENDMENT
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beginning of a curve concave to the Northwest and having a radius
of 1,000 feet; thence Southwesterly along said curve to a point
in the Hest'line of Lot 13 of said Block 54; thence North 00 011 11"
Hest along the West line of Lots 13 'and 24 to the point of
beginning.
EXCEPTING from the above Parcels No. 1 and 2 the following
described property.
1. That portion thereof as conveyed to the City of Riverside by
Deed recorded November 22, 1913 in Book 541, page 309 of Deeds, ..'
records of said County.
2. That DOrtion thereof as conveyed to the State of California
by Deed re~orded October 17, 1956 in Book 4065, page 513, Official
Records of said County.
3. That pOrtion thereof as contained in the Final Order of Con-
de..rnnation recorded April 9, 1964 in Book 6125, page 436, Official
Records of said County.
4. That pOrtion thereof described as follows:
Co~~encing at ~~e point of intersection of the North line
of said Lot 23 and the East line of South- "E" Street, 82.50 feet
wide; thence East along L~e NorL~ line of said Lot 23, a distance
of 1334.61 feet; G'"l.ence SOUL':. and parallel Hit.-11 the East line
of South "::.;" Street, a distance of 57.80 feet to the True'point
.:: 3~ ; ~i,..,. .:..h ,.., o,..,.:..i ,; S '+-h - d -,.-a" 1 ";':""n s-i' ;:'- .:..
0.:.. <:::g _11.._,.g I '-" e..ce c ",-_nu_ng au ~ c..n pc.~ __e "'- ,-", c.._Q ~c..s '-
line of Sout...'l "t" Street, a distance of 200.00 feet; thence West
at right angles, a distance of 234.81 feet; t...'lence North 290 58' 00"
West a distance of 230.86 feet to a point in a line which is 57.80
feet South of the Nor-':.h line of said Lot 23, and which is West
at right angles, a distance of 350.00 feet from the True Point of
BegirUl~J.g; L~ence East along said line, a distance of 350.00 feet
to the True POL.T1.t of Beginning.
5. That portion thereof described as follov,s:
Cowuencing at a point in the NorL~ line of said Lot 23 which
'point is 800.00 feet East of L~e East line of "E" Street,.8 2.50 feet'
wide as conveyed to the County of San Bernardino by deed recorded
May 23, 1924 L, Book 845, page 268 of Deeds, records of said
County; thence South along a line which is parallel with and 800.00
feet East of L'rJ.e East line of said "E" Street, a distance of
60.00 feet to the True Point of Beginning; thence East and parallel
with L'rJ.e North line of said Lot 23, a distance of 125.00 feet;',
thence South and parallel with .the East line of said "E" Street;
a distance of 290.00 feeti thence East and parallel with the North
line of said Lot 23, a distance of 26.00 fe~t; thence South and
parallel with the East line of said "E" Street, a distance of
87.00 feet; thence West and parallel with the North line of said
Lot 23, a distance of 151.00 fee't to said parallel line ,,;hich is
800.00, feet East of the East line of said ;'E" Street i thence North
along said parallel line a distance of 377.00 feet to the True
.., .:
6. That portion thereof described as follows:
Beginning at 'a point in a line which is parallel with and
800.00 feet East of the East line of "E" Street as conveyed to
the County of San Bernardino by Deed recorded May 23, 1924 in
Book 845, page 268 of Deeds, records of said County, which point
is South thereon a distance of 878.00 feet from the North line
of said Lot 23; thence East and parallel with the North line of
said Lot 23, a distance of 566.00 feet; thence South and parallel
\>lith said East line of "E" Street, a distance of 129.00 feet;
thence West and parallel with the North line of said Lot 23;
.a distance of 90.00 feet; thence South and parallel with ~~e said
. East line of "E" Street, a distance of 349.00 feet; thence East
and parallel with the North line of said Lot 23, a distance of
90.00 feet; thence South and pClrallel with ~~e said East line of
"E" Street, a distance of 559.00 feet; ~~ence East and parallel
with the Nor~~ line of said Lot 23, to the Northwesterly line
of Parcel No. 103 as contained in the Final Order of Condemnation
recorded April 9,1964 in Book 6125, page 436 Official Records.
of said County; thence Southwesterly along the Nor~~erly boundary
li~es of Parcels No. 103, 141 and 142 of said Final Order of
Conce.-.mation and along ~lJ.e Northerly line of Parcel No. 143 as
contained in the Final Order of Cond~unation recorded April. 1, 1964
in Book 6120, page 185, Official Records Qf said County; to the
Sou~"" line of said Lot 14; thence 'i\'est along ~~e Sout.:.'1. line of
said Lot 14 to a point in said line \,'hich is parallel \\.i t.:.1J. and
800.00 fee.-:. East of ~t"le .Bast line of s2..id liE" Street; ~~ence
NortI>. along said narallel line to t.:.lJ.e noin-t 0"= becinnino.
.. - --,.,;
"Pp.;zcEL NV.' 3.
?~ easement for. sewer purposes generally located in ~~e
SOU~Qeast Industrial Park area, w~SCQ eas~uent was gra~nted to the
City of San Bernardino by various documents recorded in 1976,
which eas~uent is described in its entirety as follows:
p~ interceptor sewerw~iCh varies in di~eter from 21 inches
to 24 ;n~Qes and begins at the centerline of.Waterman Avenue near
Dumas Street and proceeds Easterly to Tippecanoe Ave. in sewer
easements granted to the City of s~~ Bernardino by various documents
recorded in 1976 and which easements are described in the entirety
as folloHs:
STRIP. NO.:.}.
A strip of land 15.00 feet wide lying partially within lots
10, 11 and 12, Block 72, Rancho S~, Bernardino as per plat, .
recorded in Book 7 of Maps, page 2, records of the County Recorder
of said County, said strip being a varying widths on each side of
a 1; ne which is des cribed as follovlS:
-.
-3-
... -
"'
-.(
commencing at the intersection of the centerline of Waterman
Avenue (82.50 feet wide) and the South line of Dumas Street (20.00
feet wide) as. said streets are delineated on the map of Tract
No. 1995 as per plat thereof recorde~ in Book 29 of Maps, page 13,
records of the County Recorder of sa~d County; thence South along
said centerline of Haterman Avenue, a distance of 11.00 feet;
thence North 890 25' 39" East, a distance of 41.25 feet to the
East line of said 1~aterman Avenue, and the True Point of Beginning;
thence ,continuing North 890 25' 39" East, a distance of 18.75 feet;
"thence North 470 44' 19" East, a distance, of 74.34 feet toa point
in a line whiCh is parallel with and 12.50 feet Northeasterly of
~"d measured at right angles to the Northeasterly line of the
,50.00 foot wide right-of-way conveyed to the Atchison, Topeka
~"d Santa Fe Railroad Company who acquired title as California
Cent:ral Railway Company by deed :recorded August 26, 188T, Book 59
of Deeds[ pages 555 and 556[ records of L~e County Recorder of
said County [ said point being hereinafter referred to as Point" An [~
L'"LenCe ,South 640 00 I 50" east[ along said parallel line a dist2-Tlce.
of 1338.46 feet to, the beginning of a tangent curve concave
No:rtherly 2-Tld havL"g a Radius of 800 feet; thence leaving said .
parallel line[ Easterly along said curve through a central 2-Tlgle
of 260 06t 40"[ a distance of 364.58 feet; thence NorLt, 89052' 3D"
E2.st, a c.ista.Tlce of 144.03 feet, to Point "B"; L'>;.ence South
060 14' DO" East, a distance of 141. 88 feet; to a point in a
line wr~ch is pa:rallel with 2-Tld 12.50 fee~ No:rtheasterly of an
~eisured at right ~"Sles to Lt,e Northeasterly line of said
R~il:road Company's 100.00 foot right-of~'ay, as conveyed by
Cocll":ent recordec. October 18[ 1898 in Book 258 of Deeds, page 226
recorc.s of the County Recorder of said County; thence South 640 DO'
50" E2.st, along said parallel line a distance of 934.00 feet to
Peint "C"; LiJ.ence le.avLTlg s~id pa:rallel line South 700 41' 32" East,
a distance of 385.7Q feet; ~L~ence. Souti. 780 13' DO" East a
distance of 385.97 fe.ett. Lt,ence ScuLiJ. 850 06' 56" East, a distance
of 392.38 feet to a pof~t-in a line which is parallel with and
5.00 feet Northqf and measured at right angles to the North line
of said A.T. & S.F. Rail'road Company1s 100'.00 foot right-oi-way,
said point hereinafter referred to as Point "D" i thence. North
890 47' 57", East, along said parallel line, a distance of 631.73
feet, to a point in a line which is 10.00 feet Easterly of and
measured at right angles to the most Westerly line of the land
conveyed to the San Bernardino Industrial Park, Inc., as Parcel
No.2 in the document recorded September 3, 1969 in Book 7267,
Page 278" Official Records of said Cou..'1ty [ said point hereinafter
referred to as Point "E"i' thence North 200 27' 52" East to a point
in a line which is parallel \>"ith and 7.50 feet South of and measured
at right angeles to the westerly prolongation of the North line of
Parcel No; 1 of Parcel Map 2927 as per plat thereof recorded in
Book 26 of Parcel Maps, page 39 records of said County Recorder',
said point he:reinafter referred to as poin~ "F"i thence East along
said ;arallel line to its inte:rsection with the centerline of '
Tippe~anoe Avenue, and the Point of Termination.
-4-
,
.'
~. ," .
".
STRIP NO. 2
A strip of land 15.00 feet wide lying 7.50 feet on each side
of the following described line:
Beginning at Point "c" hereinabove described; thence South
000 27' 38" East, a distance of 1090.00 feet to the Point of
Termina,tion.
Basis'of bearing for the above described line is the center-
line of Haterman Avenue, South of pioneer Street, delineated as
North 000 261 54" West on the Division of Highways Map 910513 on
file in the District 8 Office of the California Department of
Transportation.
The v..idth of the easement herein granted as Strip No.1- shall
be as follows:
Between the Point of Beginning and Point "A", it shall be
7.50 feet on each side of the above described line;
-'
3etv.'een Point "A and Point "B", it shall be 2.50 feet North
of and 12.50 feet South of the above described line; between
Point "B" and Point "D", it shall be 7.50 feet on each side of-
the above described line;
Bet\-,'een Point "D" and Point ":=;", it shall be 10.00 feet
Northerly of and 5.00 feet Southerly of the above cesc:cibec line;
Betv.'een Point ":=;" and Point "F", it shall be 10.00 feet
westerly of and 5.00 feet :=;asterly of the above described line;
Between Point "F" and the Point of Termination, it shall be
, 7.50 feet Northerly of and, 7.50 feet southerly of the above
described lLne; the line then continues and runs North in
Tippecanoe Avenue at a diameter of 21 inches, as said street was
dedicated on the Hap of Tract 2038 as per plat L'tereof recorded
.L'1. Book 29 of Maps., pages 51 and 52, records of the County
Recorder of t:tLe" County of San Bernardino, State of California,
and located 18.5 feet '\'lest of the ce...Tlterline of said street,"
to a DOint H1">.i.ch is 5 feet South of the centerline of San
Berna~dino Avenue; thence.'the line runs East at a diameter of
18 in~~es LTl San Bernardino Avenue, as dedicated on the maD of
said Tract 2038, and located 5 feet South of t.:'1.e centerli;e of
said street to its termination at Richardson Avenue.
P Jl.RC:=::L NO.: ,4
]l..n ease.illent for sewer purposes generally located in Hill Street
2..;,d Arrowhead Avenue and running to the 'YiastewaterTreatment Plant
and described as follows:
-r:.-
. ^
.
~
. .
Beginning at the centerline of "E" Street, a 36 inch inter-
ceptor line lying 10 feet South of the centerline of Mill Street
extends East in Mill Street as dedica~ed on the Map of the Rancho
San Bernardino as per plat thereof recorded in Book 7 of Maps,
page 2, records of the County Recorder of San Bernardino County,
State of California, to a point approximately 60 feet West of the
Vlest line of !'1ayfield Avenue;) thence the line continues Easterly'
at a diameter 9f 45 inches and 10cated.10 feet South of the center-
line of' said 1'1ill Street to a point approximately 15 feet Hest of
~~e centerline of Arrowhead Avenue; thence the line bears Southerly
at a diameter of 54 inches and located approximatelY 15 feet West.
of the centerline of Arr~lhead Avenue as dedicated on the.Map of
said Rancho San Bernardino, to the centerline of Central Avenue;
L~ence the line continues SouL~erly and 15 feet West of the center-
line of Arrowhead Avenue as dedicated to the County of San
Bernardino by various documents and which became a C~ty stre~t by
virtue of its annexation' to the City of San Bernardino by four
separat'e 2...J.J..Dexations during the period of 1955. through 1966, to a
point whic~ is 10 feet North of the centerline of Orance Show Road
~s conveyed to the' city of S~~ Bernardino by doclliuent ~umber 515,
recorded Jlli,e 11, 1970, in Book 7459, page 651, Official Records
0:: said Cou.-,ty; tbe 54 inch. line Li-J.en runs East in Orange Sho''''
Road and 10 feet Nor~" of ~~e centerline ~~ereof a distance of
100 feet more or less to the Easterly termination of said Oranoe
.Sho;.l Road; the 54 inch line then runS Easterly 2...J.,d Southerly t~'
-::.he Haste,,,.ater Treatment Plant property in a se\,er facilities ease-
:;,<:ont cra...,ted to t:Le ci tv of S2...J., Bernardino bv docmnent nu.-rnber- 455,
recor~ed August 1, 1969~in Book 7278, pag~ ~81, Official Records
of saic5. Cow,ty and whic.'1. is c5.escribed as ::0110\.r5:
T~~t portion of Lot 45, Block 54, Rancho S~~ Bernardi~o as per
plat ~'1.ereof recorded in Boo":. 7 of Maps, page 2, records of the
County Recorder of said County fu,d being a strip of land 20.00 feet
wide and being 10.00 feet on each side of the follo"vling described
centerline:
Beginning at a point on the East line of Arrowhead Avenue
said point is 60.05 feet North of a point ,.,nich is 8.75 feet 50uth.
of 'the intersection of said East line of Jl.rrowhead Avenue and
the South line of Cline Street as said Streets are described in
the Deed to the County of San Bernardino, recorded June 18, 1954,
in Book 3404, page 481, Official Records of said County, thence.
North 890 16' 3D" East, a distance of 118.76 feet along a line
which is parallel with and 10.00' feet North of and measured at right
angles to the North line of the property conveyed to Abraham
Gottfried,et ux by Deed No. 411, recorded October 31, 1962, in .
Eook 5794, page 223, Official Records of said Co~,tYi thence South
00 10' 3D" West i?-long a line which is parallel w:l.th and 10.Og fe;et
East of and measured at right angles from the East line of said .
C~ttfried property and the Southerly prolongation thereof, a distance
of 742.00 feet, more'or less, to the South line of said Lot 45 and
the point of Termination.
-h-
MINUTES OF THE BOARD OF SUPERVISORS
JF SAN BERNARDINO COUNTY, ALlFORNIA
MARCH 7, 1983
,P~,? . 32 c
/
,
I
\.
FROM: ALAN K. MARKS, County Counsel
RICHARD WM. STRONG, Deputy County Counsel
SUBJECT: FOURTH AMENJ:MENI' TO JOINT EXERCISE OF PCmERS AGREEMENT BEIWEEN THE CITY
OF SAN BERNARDINO AND THE CXXJNTY OF SAN BERNARDINO CRFATIl'l; THE SAN
BEmARDINO CXXJNl'Y PUBLIC SAFEI'Y AUI'HORITY
RECOMMENDA TION:
APPROVE FOURTH AMENDMENT TO THE SAN BERNARDINO PUBLIC
SAFETY AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
BACKGROUND
The Joint Powers Agreement authorizes the Authority to
exercise certain powers common to the City and the County for
acquisition of property for the construction and financing of
sanitary sewer facilities.
,.
(
The Fourth Amendment to the Joint Powers Agreement has been
approved by the Authority. The amendment is made to (1) allow
the Authority to accept, hold, manage, control, and deposit at
interest contributions of the parties to this agreement to be
used for the expansion of the sewer treatment plant facilities,
and (2) amend the legal description to add to the real property
leased to the Authority by the City for the operation of the
sewage treatment plant facility.
REVIEW BY OTHER DEPARTMENTS:
This recommendation has been reviewed by the CAO.
cc: Public Safety Authority -
A.Disharoon w/4 agreerrents
for City of San Bdno. sig.
City of San Bernardino
Bank of Arrerica - Los Angele
Comty Comsel
CAO
Action of the Board of Supervisors
14.gS07-'03
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
MOTION X X X Second 'l-btion
1 2 345
:~D5l~RK~
DATED: ~;83D_
IT.,M 39
f'
DATE
FROM
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'X)", .<: I C'
V t"..-J I
3f
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ROBERT
County
INTER-OFFICE MEMO
Y-"'\ '\
Ext. 2018
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TO
BOARD OF SUPERVISORS
SUBJECT AGENDA ITEM - AMENDMENT TO PUBLIC SAFETY AUTHORITY
RECOMMENDATION
,~'l'-~,'.'..i~';~ C?'J- sr-s:
.~....:.~~\.i~.:J.:.\~.. .tvV ",r-J;1~~-----
Approve amendment to Joint Exercise of Powers Agreement
between the City of San Bernardino and the County of
San Bernardino amending the legal description of the sewer
treatment plant project in the original creation of the
Public Safety Authority sewer project.
BACKGROUND: The Joint Powers Agreement authorized the
Authority to exercise certain powers common to the City and
the County for the acquisition of a site or sites for the
construction and financing of sanitary sewer facilities.
At the time of the approval of the leases, certain properties
were not included in the legal description. The purpose of
the amendment to the orignal agreement is to make corrections
in the legal description of the land that has been used for
sewer facilities and trunk lines.
OTHER AGENCY ACTIONS: The amendment to the Public Safety
Authority agreement has been approved by the Public Safety
Authority Board to correct the legal description of the
property transferred to the Public Safety Authority by the
City of San Bernardino in the operation of the sewer treatment
plant project including the Southeast Industrial Park trunk
line.
JMG:db
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
MOTION ~ L v'" 7?; ~
1 2 3 4 5
ANDREE DISHAROON, RK OF THE BOARD
B .L-
DATED:
CAO w/3 agreements; City of San Bernardino clo CAO:
County Counsel; Auditor; Public Safety Authority (Clerk)
File
Attachment
3f
cc: