HomeMy WebLinkAbout1984-370
RESOLUTION NO. 84- 370
" A RESOLUTIon OF THE CITY OF SAN BERNAROINO AUTHORIZING THE ACCEPT-
ANcE ANO EXECUTION "OF AN AGRE:EMENT ANO GRANT OF EASEMENT FROM THE STATE OF
CALI FORtHA FORJHA1CERTAIN REAL PROPERTY LOC/HED ON THE EAST SIDE OF
VICTORIAAVENtlEBETWEEN HIGHLAND AVENUE AND MIRADASTREET AND ORDER PAYMENT
IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS AND NO CENTS.
,BEqJ RESOLVED BY 'iHE ~1AYOR AND COl~MON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS: '
SECTION ,1: The. ~1aY9r and City Cl erk of the City of San Bernardi no
are hereby,.authorized .and directed to execute and accept on behalf of said
City an Agre~meiit and Grant of Eastmen.i from the State of Cali forni a, a copy
of yihich is attached hereto and incorporated by reference herein as fully as
though set forth'at length, marked Exhibit "A", for road purposes mqre
particulc].rly described in said Agreement and Grant ofE:asement and conce~ning
that certain real property in the City of San Bernardino, County of . San
B~rnardino, State .of California, generally located on .the East side of
Victoria Avenue between Highland Avenue and t.\irada Street, and said City con-
sents to recordation thereof by its duly authorized officer.
SECTION 2: That the City of San Bernardino is hereby authorized to
make payment for the herein described property in the amount of two hundred
fifty dollars and no cents ($250.00) ~
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of .the City of San Bernardino at a
regu1a,r
meeting thereof held on the 17th,
day of SepteI"ber
, 1984, by the following vote, to-wit:
AYES: Councilmen castaneda, Reilly, Harks, Ouiel ,
Frazier.Str~ck1er
NOES: council !1emher Eernandez .
ABSENT: None
";'1.
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/ . City lerk
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day
The foregoing resolution is hereby approved this
of
, 1984.
Septewber
ApproVed as to form:
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Agency:
SPACE ABOVE THI5 LINE FOR RECORDER'S USE
AGREEMENT. AND GRANT OF EASEMENT
ROAD
Project:
File:
Dept. of Mental Health
Patton State Hospital
Victoria Avenue
Patton General
THIS AGREEMENT AND 'GRANT OF EASEMENT is made and entered into by and between
the STATE OF CALIFORNIA, acting by and through its DIRECTOR OF GENERAL SER~ICES,
hereinafter called State, and-the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter called Grantee.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT
Dated
GRANTEE: CITY OF' SAN BERNARDINO, a
municipal corporation
STATE OF CALIFORNIA
DePu:tn).eni of General Services
By
By
Dept.
Health
RES-600 ()/82)
PD. 11
J;XlIll3r( '-4-'
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.,~ PROVIDED,' this Grant of Easement is subject to the following terms and conditions:
1. This Grant is subject to e~isting contracts, leases, licenses, easements, en-
cumbrances, and claims which may affect said property and the use of the word
"Grant'" herein shalL.not be construed as a covenant against the existence of
any thereof. ,i
2. Grantee waives all claims against State, its officers, agents, and employees,
for loss or damage caused by, arising out of, or in any way connected with
the exercise of this Easement, and Grantee agrees to save harmless, indemnify,
and defend State, its officers, agents, and employees, from any and all loss,
damage or 1 i abili ty whi ch may be suffered or incurred by State, its offi cers,
agents, and employees caused by, arising out of, or in any way connected with
exercise by Grantee of the rights hereby granted, except those arising out of
the sole negligence of State.
3. State reserves the right to use said real property in any manner, provided
such use does not unreasonably interfere with Grantee's rights hereunder.
4. This Easement shall terminate in the event Grantee fails for a continuous
period of 18 months to use the Easement for the purposes herein granted.
Upon such termination, Grantee shall forthwith upon service of written de-
mand, deliver to State a quitclaim deed, to its right, title and interest
hereunder, and shall, on State request, without cost to State, and within
90 days from written demand by State, remove all property placed by or for
Grantee upon'said property and restore said premises as nearly as possible
to the same condition they were in prior to the execution of this Easement.
"In the event Grantee should (ail to restore the premises in accordance with
such request, State may do so at the risk of Grantee, and all costs of such
removal and restoration shilll be paid by Grantee upon demand.
RES.600 (S/12l 00- REVERSE
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