HomeMy WebLinkAbout1983-216
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RESOLUTION NO. 83-216
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
2 FOR SUBDIVISION TRACT NO. 10979 LOCATED EAST OF PINE AVENUE BETWEEN BELMONT
AVENUE AND IRVINGTON AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
3 SAID MAP; ACCEPTING THE EASEMENTS FOR STREET AND STORM DRAIN PURPOSES FROM
THE METROPOLITAN WATER DISTRICT; AND AUTHORIZING EXECUTION OF AN AGREEMENT
4 FOR THE IMPROVEMENT IN SAID SUBDIVISION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the proposed
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Subdivision, Tract No. 10979, located East of Pine Avenue between Belmont
Avenue and Irvington Avenue, together with the provisions for its design and
improvements is consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on
behalf of said City to execute an agreement with the Orange Coast Title Compan
for the improvements in said Subdivision Tract as are required by Title 18 of
the San Bernardino Municipal Code and the California Subdivision Map Act.
Said improvements are specifically described ?nd shown on Drawing Nos. 5891
and 5890, approved and on file in the office of the City Engineer of the City
of San Bernardino.
SECTION 3. The City of San Bernardino hereby accepts the two ease-
ments, one for street and utility purposes and one for storm drain purposes,
required for Tract No. 10979 from the Metropolitan Water District of Southern
California.
SECTION 4. The final map of said Subdivision Tract is hereby
approved and the City of San Bernardino hereby accepts as public property all
dedications within the subdivision as shown on said final map for streets,
alleys, (including access riqhts), drainage and other public easements. As a
condition precedent to approval of the final map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements
27 within said subdivision. The City Clerk shall certify the approval and accept-
28 ance of the Mayor and Common Council as set forth in this resolution.
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I I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
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regular
day of _.'July_~_
5th
meeting thereof, held on the
4 1983, by the following vote, to wit:
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AYES:
Counci 1 Members Castaneda." PeilJ.y, Hernandez ,
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r-~_ark:s, Quiel, Frazier; C.t~ic.kler__~_~__~~
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NAYS:
ABSENT:
None
None
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/ City Clerk
The foregoing resolution is hereby approved this
'7)'7i day of
,
July
, 1983.
Approved as to form:
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A G R E E MEN T
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(subdivision improvements)
THI-SIAGREEMENT is made and entered into thi s 7/>1. day of
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\~~ ' 1 98C1, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Oranee Coast Title ComnRny
, hereinafter referred to as
"Subdivider".
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
Tract 10979
"
The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for COmmencement and Performance
City hereby fixes the time for the completion of said
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of any work to be performed within the area delineated on the map,
a written statement signed by Subdivider, and each public utilitv
corporatic'n involved, to the effect that Subdivider has made all
deposits legally required bv such public utility corporation for
the connection of any and all pUblic utilities to be supplied by
such publ ic util ity corlJori<ticn within the Subdivision.
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Permits: Compliance '1ith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes required by
law. Subdivider shall comply with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proner facilities and
provide safe access for inspection by City, to all parts r.f the
work, and to the shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shal~ furnish
to City imnrovement security as follows:
(1) :~n amount "DUol tc a.t least one hundred percent of the total
estimated cost of the imnrovement and acts to be nerformed as
sec"rity for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the imnroyements and acts to be nerformed as security for
the payment of all persons performing labor and furniShing mater-
ia1s in connection with this agreement; and
(3) An amount eoua1 to at least twenty-five percent of the total
est'mated cost of the improvements and acts to be oerfc;rrr€d as
security for the guarantee and warrantv of the work for a period of
one (1) year following the completion and acceotance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfully enforcing the
Obligation secured. The type of securitv furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~'unicina1 Code; and
the type shall be at the option of and sUbject to the aporova1 of
the City Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, I-arlrless
from any liability for damage or clair'lS foY' damage for personal injurv,
inc":lIding death, as ,.tell as from claims for prooertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or emp1ovees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider a,rees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emolovees
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from any suits or actions at law or in eouitv for damages caused,
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or alleged to ha'7e beer caused, bv reason of anv of the aforesaid
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operatic'ns, provided as follows:
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a. That Citv does not, and shall not, vlaive any rights against
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Subdivider which it may have by reason of the aforesaid hold
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depos it with Citv by Subdivi der, or 1'.n\l cf the insurance
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harmless agreement, because of the acceotance by City, or the
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described in Paragraph 12 hereof.
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b.
That the aforesaid hold harmless agreement bv Subdivider shall
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apnly to all damages and claims for damages of every kind
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suffered, or alleged to have been suffered, by reason of anv
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of the aforesaid ooerations referred to in this paragranh,
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regardless of whet:cer cr not ('itv has orenared, supnlied or
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anproved of, olans and/or snecifications for the subdivision,
or regardless of whether or nnt such insurance policies shall
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have been determined to be applicable to anv of such damages
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or claims for damages.
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12. Subdivider's Insurance
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Subdivider shall not commence work under this aoreement until Subdivider
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shall hav,o obtained all insurance required under this naragranh and
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such insurance shall have been aooroved by City Attorney as to form,
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amount and carrier, nor shall ~ubdivider allow anv contractor or Sub-
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contractor to commence \'!crk en hi s contract or subcontract until all
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similar insurance required of the contractor or subcontractor sh~ll
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have been so obtained and aoproved. All reaui',^el1"ents herein orovided
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shall apoear either in the body of the insurance nolicies or as endorse-
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ments and shall specifically bind the insurance carrier.
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a. Comoensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emoloyees
employed at the site of imorovement, and in case anv work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emolovees, unless such emolovees
are covered by the orotection afforded bv Subdivider. In case
any class of employees engaged in work under this aqreement at
the site of the project is not protected under any Workmen's
Cc-mpr:ns"ticn Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the orotection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for any damage resultinq to it from fail ure
of either Subdivider or anv cOntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablitv and Property Damaqe Insurance
Subdivider shall take out and maintain during the life of this
agreement such oublic liability and nrooerty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and emoloyees, Subdivider "r.d anv contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for rersonal iniurv, includina death,
as well as from claims for nY'or,erty clamaGe which mav arise from
Subl;jvjder'~'. or Gny contractor's or S:Jbcontractor's operations
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
employed by either Swtdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~~s:
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(1) Public Liabilitv Insurance
In an amount not 1fSS than $
100,000.00
for
injuries, including, but not limited to, death, to anv
one person and, subject to the same limit for each
person, in an amount not less than S 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the pronerty of each nerson on account of anv
one occurrence.
I~ the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, person,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of crnss-
:;clbility endorsement, insuring on such policv Citv, its
elective and anpointive boards, commissions, officers, agents
and employees, Subdivi del" and any contractor ('1" subcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furni sh Citv concurrentlv with the execution
hereof, with satisfactory evidence of the insurance re~uired, and
evidence that each carrier is required to give Citv at least ten
davs prior notice of the cancellation or reduction in coverage of
any policy during the effective period of this agreement.
14. Title to Improvements
Title to, and ownership of, all imnrovements constructed hereunder
bv Subdivider shall vest absolutely in Citv, upon completion and
acceptance of such improvements by Ci tv.
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15. Repair or Reconstruction of Defective Vlork
If, within a period of one year after final acceptance of the
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work performed under this agreement, anv structure or nart of any
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structure fllrni5hec' e,nd/or instal:ed or constructed, or caused
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to be installed or constructed by Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the reauirements
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of this agreement or the specifications referred to herein, Sub-
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divider shall without delay and without any cost to City, renair
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or repl ace or reconstruct any defecti ve or otherwise unsiit;sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promntly or in accordance with this reauirement, or
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should the exigencies of the Subdivid(:r car, I-e rctified, Citv may at
its 0pticn, make the necessarv repairs or replacements or perform
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the necessary work and Subdivider shall pav to City the actual
cost of such repairs plus fifteen percent (15%).
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16. Subdivider Not Agent of City
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Neither Subdivider nor anv of Subdivider's agents or contractors
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are or shall be considered to be i:(jPots of Citv in connection ~1ith
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and ot!:€'r serViCE'5 connected with the Citv
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in regard to the subdivision.
Said fees shall be paid prior to
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commen ci ng any constl'ucti on.
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18. Notice of Breach an: Default
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If Subdivider refuses or fails to obtain nrosecution of the work,
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or any severable part thereof, with such diligence as will insure
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its completion within the time specified, or any extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assiqn llent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd~\'ie'Er's insolvency, or if Sllr-~ivicer, or any of Subdivider's
contractors, subcontractors, agents or em[llovees, shaul d violate
any of the [lrovisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
surety of breach of thi s agreement, or of any pcrticn thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance b" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take 01'(;1' ane' cCIT:plete the work and the improver;,ont
herein specified; provided, hO\o/ever, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perforITli'nco
thereof within five days after notice to City of such election,
City may take over the work and Drosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of SubdividEr, and Subdivider's
surety shall be liable to Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without I iabi-
li~v for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
in [lerson or sent bv registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "D" Street, San Bernardino,
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California 92413.
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Notices reGuired to be given to Subdivider shall be addressed as follows:
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640 N. Tustin Ave. Suite 106
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SAntA Ana. Ca. 92705
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Notices required to be given surety of Subdivider shall be addressed as
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follows~
Developers Insurance Co. -- P.O. Box 334
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Los Alamitos, California
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Provided that any party or the surety may change such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
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IN \HTi~ESS WHEREOF, the parties hereto have executed this agreement on
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the dav and vear first above written.
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ATTEST:
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'~'''''''/~
tHy Clerk
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SUBDIVlf1Ef<
Orange Coast Title Co.
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, 19 v'-,' ,before me, the undersigned,
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personally known to e ~ f~9ved to
President, and .{J /
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary Of the corporation that executed the within instrument,
and known to me 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,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
f! aLii ( ~ . (,3tJzLtJL/
OFFICIAL SEAL
CAROL A FODOR
r.JQTARY PUBLiC - Cf..~i;'":ORN!A
ORAr~~E COUNiY
My comm. e:.:p:res MAR 22, 1985
, executed in
lent ~r.d the
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Notices required to be given to Citv shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reGuired to be given to Subdivider shall be addressed as follows:
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640 N. Tustin Ave. Suite 106
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Sent" Ana. Ca. 92705
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Notices required to be given surety of Subdivider shall be addressed as
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follows.
Developers Insurance Co. -- P.O. Box 884
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Los Alamitos, California
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Provided that any party or the surety may change such address by notice in
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writing to the other partv and thereafter notices shall be addressed and
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transmitted to the new address.
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IN VJITi~ESS HHEREOF, the parties hereto have executed this agreement on
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the dav and year first above written.
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ATTEST:
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"".-A/~/
tity Cl erk
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SUBOIVI'1EQ
Orange Coast Title Co.
Annrovec as to form:
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C itv torne v
INSTRIJCTIIJNS
If the Subdivider is a corpcration, the agreement must be executed in
he corporate name and signed by the President or a Vice-President ~rd the
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Secretarv or ~ssistant Secretarv, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all nersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
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Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ None
PERMANENT EASEMENT DEED
Foothill Feeder-Rialto Pipeline
Parcel 1606-30-1 (portion)
THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation, hereby grants to
CITY OF SAN BERNARDINO;
a municipal corporation,
a permanent easement for drainage purposes and appurtenant
facilities within real property in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
A parcel of land in that certain portion of Block 40
in the Town of Irvington and the Land of Irvington Land and
Water company Subdivision, in the County of San Bernardino,
State of California, shown on map recorded in Book 3, page 9,
of Maps, in the office of the County Recorder of said
County of San Bernardino, conveyed to The Metropolitan Water
District of Southern California by deed recorded ~ay 12,
1971, in Book 7665, page 352, of Official Records in the
office of said County Recorder, said parcel of land being
more particularly described as follows:
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Commencing at the northeast corner of said certain
portion conveyed to The Metropolitan Water District of
Southern California, said certain portion being also shown
as Parcel No.1, per map filed in Book 31, page 40 through 42,
inclusive, Record of Surveys in the office of said County
Recorder; thence S 270 11' 41" W 216.58 feet along the
Permanent Easement Deed
1606-30-1 (portion)
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southeasterly line of said Parcel No. 1 to the TRUE POINT OF
BEGINNING: thence continuing S 27" 11' 41" W 71. 97 feet;
thence N 320 17' 34" W 69.64 feet to a point on the north-
westerly line of said Parcel No.1; thence N 270 11' 41" E,
along said northwesterly line, 71.97 feet; thence S 320 17' 34" E
69.64 feet to said True Point of Beginning.
Containing 0.10 acre, more or less.
This easement is granted subject to the following
terms:
1. It is subject to Grantor's paramount right to use
the above-described property for the purposes for which it
was acquired.
2. Grantee shall submit in advance all plans for
installation of Grantee's facilities to Grantor for review.
3. Grantee shall not change the existing grade or
otherwise modify the topography of property affected by this
easement without prior written consent of-Grantor.
4. Grantor purchased the above-described property in
fee for a possible future pipeline facility. Any additional
costs attributable to construction of such a pipeline, due
to presence of Grantee's drainage facilities, shall be borne
by Grantee.
5. Grantee assumes all risk of loss to itself, which
in any manner may arise out of the use of the easement.
Further, Grantee shall indemnify Grantor, its directors,
officers, and employees against any liability and expenses,
including the expense of legal representation whether by
special counselor by Grantor's staff attorneys, resulting
from injury to or death of any person, or damage to any
property, including property of Grantor, or damage to any
other interest of Grantor, including but not limited to suit
alleging noncompliance with any statute or regulation, which
in any manner may arise out of the granting of the easement
or use by Grantee of the easement or any adjoining land used
with the easement.
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Permanent Easement Deed
1606-30-1 (Portion)
-3-
6. In the event of abandonment by Grantee of the
rights granted herein, they shall terminate, and Grantee
shall thereupon, without cost to Grantor, deliver to Grantor
a quitclaim of such rights. Nonuse for a period of three
years shall constitute conclusive evidence of such abandonment.
Dated:
JUN 21 1983
THE METROPOLITAN WATER DISTRICT
OF ?OUTHERN CALIFORNIA
Evan L. Griffith
General Manager
c;'J C' 9 Q
t. A..~~-
Assistant General Manager
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By
HJD/lb
Authorized by MWD Administrative Code Section 461.8
(Assistant Gencral Manager-Gough)
STATE OF CA~L1FO NIA
IJ ~_dkaJ SS.
COUNTY OF ~~'(f-- -
On this ~/.g: day of 2J:~.. ' in the year I??.! .
before me, ~ ~ Jr~a Notary Public, personally appeared
ROBERT A. GOUGH, personally known to me to be the person who executed this instrument as
Assistant General Manager of The Metropolitan Water District of Southern California, a public
corporation, and acknowledged to me that The Metropolitan Water District of Southern California
executed it.-
WITNESS my hand and official seal.
(Seal)
OFFICIAL SEAL
DEOND~~A D MITCHell
rJOTt'.RY PUBLIC . C/"UFCf{~.lIA
I os ANCr.LE5 C:Q:J~nY
My COfllr.1. e:o.pi;.e~ fli.,r: 4. ]981 .>
~~"""'::';'~'-':;-_ J
Signature~~e-I~
Notary Public in and
for said State
FORM 6-79 12-82
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Recorded at the Request of
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
When Recorded Mail to
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Post Office Box 54153
Los Angeles, California 90054
DOCUMENTARY TRANSFER TAX $ None
PERMANENT EASEMENT DEED
Foothill Feeder-Rialto ~ipeline
Parcel 1606-30-1 (portion)
THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA, a public corporation, hereb~ grants to
CITY OF SAN BERNARDINO,
a municipal corporation,
a permanent easement for public road and utility purposes
within real property in the City of San Bernardino, County
of San Bernardino, State of California, described as follows:
A parcel of land in that certain portion of Block 40
in the Town of Irvington and the Land of Irvington Land and
Water Company Subdivision, in the County of San Bernardino,
State of California, shown on map recorded in Book 3,
page 9, of Maps, in the office of the County Recorder of
said County of San Bernardino, conveyed to The Metropolitan
Water District of Southern California by deed recorded
May 12, 1971, in Book 7665, page 352, of Official Records in
the office of said county Recorder, said parcel of land
being more particularly described as follows:
Commencing at the northeast corner of said certain
portion conveyed to The Metropolitan Water District of
Southern California, said certain portion being also shown
as Parcel No.1, per map filed in Book 31, pages 40 through
42, inclusive, of Record of Surveys; thence S 270 11' 41" '>J
461.80 feet along the southeasterly line of said Parcel
No. 1 to the TRUE POINT OF BEGINNING; thence continuing
S 270 11' 41" W 60.00 feet; thence N 620 48' 19" W 60.00 feet
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Permanent Easement Deed
1606-30-1 (Portion)
-2-
to a point on the northwesterly line of said Parcel No.1;
thence N 270 11' 41" E, along said northwesterly line, 60_00
feet; thence S 620 g' 19" E 60.00 feet to said True Point
of Beginning.
Containing 0.08 acre, more or less.
This easement ~s granted subject to the following
terms:
1. It is subject to Grantor's paramount right to use
the above-described. property for the purposes for which it
was acquired.
2. Grantee shall not change the existing grade or
otherwise modify the topography of property affected by this
easement without prior written consent of Grantor.
3. A street in conformity with the public street
standards of the City of San Bernardino shall be constructed
within the easement area and incorporated into the City
public street system; provided, however: that (al the
construction of such street and utilities therein shall
conform to plans previously approved in writing by Grantor
which show the location, character, dimensions, and details
of the work to be performed, and (b) after initial construction
is completed, any future changes to the street or changes to
or installation of any utilities therein shall have the
prior written approval of Grantor, which approval shall not
be unreasonably withheld.
4. Grantor shall not be required to construct any
street improvements within the easement area or incur any
costs associated with such improvements.
5. Any street improvements within the easement area
shall be so constructed as not to interfere with Grantor's
access to adjoining property.
6. Grantee assumes all risk of loss to itself, which
in any manner may arise out of the use of the easement.
Further, Grantee shall indemnify Grantor, and its directors,
officers, and employees against any liability and expenses,
including the reasonable expense of legal representation
whether by special counselor by Grantor's staff attorneys,
Permanent Easement Deed
1606-30-1 (portion)
-3-
resulting from injury to or death of any person, Or dam3gc
to any other property, including property of Grantor, Or
damage to any other interest of Grantor, including but not
limited to suit alleging noncompliance with any statute or
regulation, which in any manner may arise out of the gr3nting
of this easement or use by Grantee of the easement or any
adjoining land used with such easement.
7. The above-described real property is to be used
only for the purposes herein specified, and in the event
that said real property is not so used, or the uses for
which this easement is granted shall permanently cease,
Grantee shall immediately initiate formal statutory highway
abandonment procedures as provided by law for County or City
highways and streets.
Dated:
.JUN 2 1 lSJ3
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
By
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Assistant General~anager
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Evan L. Griffith
General Manager
HJD/lgb
Authorized by MWD Administrative Code section 461.8
(Assistant General Manager Gough)
STATE OF CA~L1FO NIA
C'-"~I I, _ / SS.
COUNTY OF -- or---
O",h~ ~'~ .'''h.,,,, /1"'.
before me, 0 -(!-<t.~, a Notary Public, personally appeared
ROBERT A. GOUGH, personally known to me to be the person who executed this instrument as
Assistant General Manager of The Metropolitan Water District of Southern California, a public
corporation, and acknowledged to me that The Metropolitan Water District of Southern Caiifornia
executed it. ".
WITNESS my hand and official seal.
(Seal)
Signature
~)~~
Notary Public in and
for said State
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FOAM 6-79 12-82
White & Myatt Insurance Brokers, Inc.
P.O. Box 6390
San Jose, CA 95150
Chubb Insurance Group
Orange Coast Title Company & Orange Coast
Title Company of Riverside
640 North Tustin Avenue #106
Santa Ana, CA 94706
x
x
35206756
05-24-84
x
x
500,000. 500,000.
x
"500,000.
x
x
x
35206756
05-24-84
'.'1\'
x
35206756
05-24-84
'2,000,00b.
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84700033229
05-24-84
Joo,(200,
"~OR!' COM~E"~:';-"'T!Jl\I
~MFLG \'[RS UC-,B!L:TY
OTHf.R'
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'.It''f,;f'(iPTI( r-..j '" 'Y'~R', 'C'N~;i ~;":; I~\NC, \ltH (Ii-':
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TK. /09"77
Cancellation: :;i-;,)UiCJ p:" uf ~!:'" c~,lF_'vC rjescntJf;cj poil',>es be c'anccl!ed before the: c:xp:r-(]t!on date thHecf, the ISSUi11,--: CO:Tl
1r:/ -,\ ('!i(if_:'"VF 1,' ,'flal, ~ days written rF)Ti(e L\ the belo\^i turned certificate hc,lder, but falj'Ac tu
n,_JII S',J' r-i_,t"Pc 'a 11:'!f-J(J':)f:' no ObiiJatiun (lI' 1,,:Hi::it)f1t .JI' i hind upnrl 'he c()!l1pany
,__ GERTIFH~ATF.ROLllER_I~ADnITlONAL INSURED~"
! ",!-ot,/' ,',N': {.I -'i':! I' II Ii [:'1 ,,'
CITY OF SAN BERBARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92705
;;U[ ISSlIfl
JUNE 20, 1983
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