HomeMy WebLinkAbout1983-322
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II RESOLUTION NO. 83--322
il RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
I!ACCEPTANCE OF EASEMENTS FROM CITY OF RIVERSIDE FOR AMERICAN CENTER
IPROJECT, AND AUTHORIZING THE CITY CLERK TO EXECUTE ACCEPTANCE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
IISAN BERNARDINO AS FOLLOWS:
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SECTION 1.
Findings.
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San Bernardino for street, highway and incidental purposes
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The City of Riverside has offered easements to the City
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,over and across the property known as the Gage Canal, and for
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[construction and maintenance of driveway, landscaping, sprinkler
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,and gate facilities in, over, under, across and upon the property
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I[known as the Gage Canal. These easements are needed in
!:conjunction with the proposed development of Tract No. 12034 being
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Ii developed by Park Centre Properties, known as the American Center
!project, in the Waterman Avenue/Hospitality Lane area of the City
lof San Bernardino.
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B.
Included as a condition of each easement is that the City
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of San Bernardino, by acceptance of the easement, agrees to hold
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free from harm both the City of Riverside and the Gage Canal
20 Company. The condition also requires the City of San Bernardino
21 to assume the burden of all costs borne by either or both of such
22 entities in the event it becomes necessary to collect any claims
23 for damages to facilities within the easements. The City of San
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Bernardino also agrees to assume the defense of all claims and
I suits arising from the easements.
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C. A special assessment district has already been
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I structures involved in the easements, including chain link
fencing
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iand gates, so the costs of maintenance will be borne by the
Iproperty owners.
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II SECTION 2. Implementation.
Ii A. The City of San Bernardino hereby authorizes the
~accePtance of that certain easement from the City of Riverside for
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Iconstruction and maintenance of driveway, landscaping, sprinkler
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land gate facilities in, over, under, across and upon property in
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Ithe City of San Bernardino generally known as the Gage Canal, and
II that certain easement from the City of Riverside for street,
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,: the property generally known as the Gage Canal. A copy of each of
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Ii these easements is attached hereto as Exhibits 1 and 2,
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jrespectively.
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lauthorized and directed to execute the acceptance of such
!easements, but shall not record the same.
I C. The Real Property Engineer is authorized and directed to
[deliver such easements, together with other documents to be
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B.
The City Clerk of the City of San Bernardino is
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provided by the City, to First American Title Insurance Company as
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I escrow agent.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
23 . Bernardino at an ~djnurn~d regular
meeting thereof, held
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day of
, 1983, by the following
on the
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?:1rd
Sentember
to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
Marks, Ouiel, Frazier, Strickler
NAYS:
Nnnp
ABSENT:
Nnnp
~ /h 1t.
/It!/ ~ :.,;
/ City Clerk
The foregoing resolution is hereby approved this ~7~ day
of
, 1983.
Sen"[-ember
~:, ...~~
Mayo 'Iof the cffy of San Bernardino
Pro Tempore
Approved as to form:
~~ y! &u,,~
Clty ttorney
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL
300 North "D" Street
San Bernardino, California 92418
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASENENT
_ __ ----- _ __444___ ________ ______._ ___ _____ ____ ____ __._._ ________. ____~ _______________.________ _ ___ ___________________________________ _____ ___e. _. _______ _____________ _____ _____.___
-~-~~-n~};-~~_nQ~___~_~_Y.~_~~};_J?~_!___~n_!J:I_~~J_l?J:p.~J___g_9.?::p.Qf-~tj._Qn_I__m________n____mn___mm______mm____nm_____n__n
(Grantor --Emm~
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Do eS.m_ Hereby Grant to the CITY OF SAN BERNARDINO, a .\lunicipal Corporation, -~m---~.g..;;.~m~D_t___f.Qr___s_tr:e_et_,
_!:_~_9.~_~~Xm~_::~___~~_~~~_~~_!:~_~nP_'::F_p.9__~_~_~___~~_!___5?-:.:~EL._~~_~~E_L_<:1_gE_QE?_?___9_~9___~p.Qn_m__mm_m_m____
the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
That real property more particularly described in Exhibit "A" attached
hereto and by reference incorporated herein.
RESERVING UNTO GRA~TOR and/or Gage Canal Company: (1) the right to pump, spread, flow
or otherwise place water in, over, across or upon such easement and any and all parts
thereof; and (2) the right of access to any roadway constructed and/or maintained in,
over, across or upon the easement herein granted at all points where such roadway abuts
upon the lands of Grantor and/or Gage Canal Company.
PROVIDED THAT ~either Grantor nor Gage Canal Company shall be liable for and/or incur anj
cost or expense whatsoever relative to the design and/or construction of any roadway,
curbs, gutters and/or pavement which shall hereafter be constructed in, over, under,
across or upon the easement herein granted.
FURTHER PROVIDED that the City of San Bernardino will maintain the crossing, a roadway
and all protective fencing or barriers and assumes all responsibility and liability aris-
ing from or as a result of its use of the easement and agrees to hold the Grantor and
lmi~XXXXXXXXXXXXXXXXXXXXX~x.JO(~x<xXXXXX tc.cmtinuad__=__pag:e._2l________m_______________
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This is to certify that the interest in real property
conveyed by the within instrument to the City of San
Bernardino, California, a muniCipal corporation, is hereby
accepted by order of the City Council, and the grantee
consents to the recordation thereof by its duly authorized
officer.
Dated ---;~-M.L.J?fi~______m____
CITY OF SAN BERNARDINO
By __~("..ca-~~____n_____
City Clerk
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Loca tion ________________n________._____.__________________n_________
File N o. ____nn__________________n__________________________________
ST ATE OF CALIFORNIA__________________________.____________________
COUNTY OF ---------------____n_____________,______________u
SS.
On _________u________.___________m_m_____________________ before me,
-------.------------.-----------------------------------_ a Notary Public
in and for said County and State, personally appeared ____________.u
-------------.-------------------------.---------- known to me to be the
President, and ___________u______________________________
~;~;-to me to be the ~_____________________._______ Secretary of
the corporation that executed the within and foregoing instrument,
and known to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the same, and acknowledged to
me that such corporation executed the within instrument pursuant _
to its by-laws or a resolution of its board of directors.
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Notary Public in and for said County and State
My commission expires___________________________._____m____________.__________.
FOR NOTARY SEAL OR STAMP
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The Gage Canal Company free from harm and to assume the burden of all costs borne by
either or both entities in the collection of all claims for damages to facilities within
said easement and the defense of all claims and suits.
Dated:
9u 1;, ~~ ;q,f:A
CITY OF RIVERSIDE, a
municipal corporation
By {/?~o~~rv----
Attest d/f:c', /? 1/~, ~ ~
CITY CLERK
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STATE OF CALIFORNIA,
t ss.
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COUNTY OF RIVERS IDE
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ON
before 'ne,
July 21
the undersigned, a Notary Public in and for said
Ab Brown. Mayor. and
Alice A. Hare. City Clerk
,19~
State, personally appeared
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O;:FICIAL SEAL
MARGARET I. ALLEN
NOTARY PUBLIC
RIVERSIDE CO., CALIF.
My commission expires 4-29.83
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, known to me,
to be the pers0l8_ whose nameJi. are subscribed to the within Instrument
and acknowledged to me that -.t.he~ executed the same. '
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WITNESS my hand and official seal.
711(1A~d-o/l, d@____
No ry Public IR and for saId State.
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EXHIBIT llA"
Those portions of the GR.ge Canal right-of-vray as conveyed to the
Gage Canal Company~ a California corporation~ by Deed recorded
July l~ 1910~ in Book 463 of Deeds~ at Page 315~ et seq.~ records
of said San Bernardino County~ being within Lot 6 in Block 72 of
of San Bernardino Rancho~ recorded in Book 7~ Page 2 of Maps~
records of said San Bernardino County~ more particularly described
as follm'i's:
Parcell (Harriman Place)
CO?vlMENCING at the intersection of the centerline of Redlands
Boulevard (formerly Colton Avenue) with tre centerline of the Gage
Canal right-of-way as shown by Record of Survey on file in 300k 16,
Page 54 of Record of Surv8Ys~ records of said San Bernardino County;
THENCE North 240 39' 10" East~ along said centerline of the Gage
Canal 1~046.95 feet to the beginning of a non-tangent curve with a
radius of 537.00 feet~ concaving n8rtherly and to the true point
of beginning; the radial line of s~id curve at said beginning bears
South 120 46' 40" \'lest;
THENCE Westerly to the right along sald curve an arc length of
50.67 feet~ thru a central angle O~ 050 24' 21" to the westerly line
of said Gage Canal right-of-way;
THENCE North 240 39' 10" East~ aloClg said \'resterly line 711.55 feet
to the beginning of a non-tangent curve with a radius of 463.00
feet and concaving northerly; the radial line of said curve at said
". beginning bears South 170 08' 39" ~'Test;
THENCE Easterly to the left alon~
feet~ thru a central angle of 09
said Gage Canal right-of-way;
THENCE South 240 39' 10" West~ along said easterly line 76.90
feet to the beginning of a non-tan~ent curve with a radius 537.00
feet and concaving northerly; the radial line of said curve at said
beginning bears South 100 02' 14" -dest;
said curve an arc length of 76.84
30' 32" to the easterly line of
rrlENCE Westerly to the right along said curve an arc length of
25.69 feet~ thru a central angle o~ 020 44' 26" to said true point
of beginning.
Area - 5~666.7 square feet.
Parcel 2 (Hospitality Lane)
cor~lliNCING at the intersection of the centerline of Redlands
Boulevard (formerly Colton Avenue) with the centerline of the
Gage Canal right-of-way as shown by Record of Survey on file in
Book 16~ Page 54 of Record of Surveys~ records of said San
Bernardino County;
THENCE North 240 39' 10" East~ along said centerline of the Gage
Canal 2~271.74 feet to an angle point therein;
THENCE North 140 50' 3811 East~ continuing along said centerline a
distance of 111~.90 feet to the beginning of a non-tangent curve
with a radius of 955.00 feet~ concaving southerly and to the true
point of beginning; the radial line of said curve at said beginning
bears North 170 09' 5311 West;
THENCE Southwesterly to the left along said curve an arc length of
60.19 feet~ thru a central angle of 030 36' 40" to the westerly line
of said Gage Canal right-of-way;
THENCE North 140 501 3811 East~ along said \'resterly line 108.37 feet
to the beginning of a non-tangent curve with a radius of 1~045.00
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feet and concaving southerly; the radial line of said curve at said
beginning bears North 170 18' 48" West;
THENCE Northeasterly to the right along said curve an arc length of
86.44 feet, thru a central angle of 040 44' 22" to the easterly line
of said Gage Canal right-of-way;
THENCE South 140 50' 38" West, along said easterly line 102.71 feet
to the beginning of a non-tangent curve with a radius of 955.00 feet
and concaving southerly; the radial line of said curve at said
beginning bears North 150 24' 44" West;
THENCE Westerly to the left along said curve an arc length of 29.21
feet, thru a central angle of 010 45' 08" to said true point of
beginning.
Area - 7,904.5 square feet.
() ~U'~lI APPIIOYA.. e
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TRIlCT No. ?743
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