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Home My WebLink About24-Water Department , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION OR\G\NAL Subject: RESOLUTION ACCEPTING A CORRECTED GRANT DEED FROM SCE COMPANY FOR PROPERTY LOCATED ON THE NORTH SIDE OF NOLAN STREET, BETWEEN OGDEN AND KERN STREETS, DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE, AND RESCINDING RESOLUTION NO. 2003-273 MICC Meeting Date: 12/15103 From: Bernard C. Kersey General Manager Dept: Water Date: 11/21/03 Synopsis of Previous Council Action: 10/6/03 Resolution No 2003-273 approved accepting a grant deed from Southern California Edison Company for property located on the north side of Nolan Street, between Odgen and Kern Streets, and dedicating the property for Water Department use. Recommended Motion: Adopt Resolution f:l Contact person: Bernard C. Kersey +E~r Phone: 384-5091 Supporting data attached: yes Ward: 2nd FUNDING REQUIREMENTS: Amount: $6.900 Source: Water Fund (Acct. Description) Finance: Council Notes: ~~ZCX:J3-3'lr.> ~O~ Agenda Item No. ~ ,/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Acceptance of a corrected Grant Deed from Southern California Edison Company for property located on the north side of Nolan Street, between Ogden and Kern Streets, San Bernardino, dedicating the property for Water Department use, and rescinding Resolution No. 2003-273. BACKGROUND: The San Bernardino Municipal Water Department has purchased land located at the southeast corner of Ogden and Nolan Streets for a 12,000,000 gallon water reservoir. The reservoir and pipeline designs propose that the influent line to the reservoir enters the property from Nolan Street through a proposed easement across Southern California Edison Company's (SCE) property. SCE has recently decided to sell the excess property surrounding its Muscoy Substation and has offered it to the Department at a cost of $6,900. Purchase of this property would provide the necessary land area for the pipeline and provide a buffer for the reservoir property. A Phase 1 Environmental Assessment and surface soils samples were taken based on the fact that SCE has an electrical substation at the site. The assessment indicates that substation does not appear to represent an environmental concern for the site and no previous environmental investigations were located during the records search for this site. Attached is a location map and site plan for the property. On October 6, 2003, the Mayor and Common Council adopted Resolution No. 2003-273 accepting the grant deed. Subsequent to that approval it was discovered that the Certificate of Compliance that SCE had recorded with the county to create the parcel being acquired contained an error in the legal description. SCE has prepared a corrected certificate of compliance which is the basis for the legal description in the grant deed to the city. The corrected certificate of compliance and grant deed will be processed through the escrow company, Chicago Title, and recorded in sequence so that the recordation number for the corrected certificate of compliance will be inserted into the grant deed document before it is recorded. FINANCIAL IMPACT: There will be no financial impact to the City. The Water Department will finance the property purchase. 1 of 2 . RECOMMENDATION: It is recommended that the resolution accepting the corrected Grant Deed for the property located on the north side of Nolan Street, between Ogden and Kern Streets, San Bernardino, dedicating said property for Water Department use, and rescinding Resolution No. 2003-273 be adopted. URGENCY CLAUSE: Action must be taken at the December 15, 2003 meeting as the property is in escrow and installation of the pipeline is currently being bid. 2 of 2 . . . 1 RESOLU~~ 0Q)V 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ACCEPTING A CORRECTED GRANT DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY FOR PROPERTY LOCATED ON 4 THE NORTH SIDE OF NOLAN STREET, BETWEEN OGDEN AND KERN STREETS, SAN BERNARDINO, DEDICATING THE PROPERTY FOR WATER DEPARTMENT 5 USE, AND RESCINDING RESOLUTION NO 2003-273. 6 WHEREAS, the City of San Bernardino Municipal Water Department (Department) is 7 actively involved in an Enhanced Reliability Schedule ofImprovements project (Project); and 8 WHEREAS, this Project was undertaken to improve the integrity of the Department's 9 water system; and 10 WHEREAS, the legal description set forth in the Grant Deed from Southern California 11 Edison, which was accepted by Resolution No. 2003-273 on October 6, 2003, was based upon 12 Certificate of Compliance No. 03-19 which was recorded by Southern California Edison and 13 contained an error which is being amended with the filing of a Corrected Certificate of 14 Compliance with the Office of the County Recorder of San Bernardino, and 15 WHEREAS, the acquisition of parcel, described as "the southeasterly 98.00 feet of Lot 16 227 of Tract No. 2258, recorded in Book 32, pages 72 through 77, inclusive, of Maps, in the 17 Office of the County Recorder of said County; except the Southwesterly 50.00 feet, of the 18 Southeasterly 62.00 feet of said Lot 227," is necessary for the placement of pipelines in 19 accordance with this project. 20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 21 CITY OF SAN BERNARDINO AS FOLLOWS: 22 SECTION 1. The City of San Bernardino hereby accepts the corrected Grant 23 Deed from Southern California Edison Company, the form of grant deed shown in Exhibit "I" 2 4 attached hereto and incorporated herein by reference as though fully set forth at length herein. 25 SECTION 2. The property acquired herein is dedicated for Water Department 26 use. 27 SECTION 3. Resolution No. 2003-273 is hereby rescinded. 28 III December 15, 2003 Lfll>.Z 1M Page I 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 DERRY 12 SUAREZ 13 ANDERSON 14 MCCAMMACK . 15 16 . . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING A GRANT DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY FOR PROPERTY 2 LOCATED ON THE NORTH SIDE OF NOLAN STREET, BETWEEN OGDEN AND KERN STREETS, SAN BERNARDINO, DEDICATING THE PROPERTY FOR WATER DEPARTMENT USE, AND RESCINDING 3 RESOLUTION NO 2003-273. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of , 2003, by the following vote, to wit: 7 Council Members: ABSTAIN ABSENT AYES NAYS 17 Rachel Clark, City Clerk 18 The foregoing resolution is hereby approved this day of 19 2003. 20 21 22 23 Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 27 28 Bt-l(~ December 15, 2003 Page 2 RECORDING REQUESTED BY OUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO Bernard C. Kersey City of San Bernardino, Municipal P.O. Box 710 Water San Bernardino, Ca. 92402 SPACE ABOVE THIS LINE FOR RECOROER'S USE GRANT DEED Location: Unincorporated A.P.N.: 0267-171-26 Affects SCE Doc. 25939 I DOCUMENTARY TRANSFER TAX $ SER. 65741A COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Approved OR COMPUTED ON FULL VALUE LESS LIENS AND CORPORATE REAL ESTATE DEPARTMENT ENCUMBRANCES REMAINING AT TIME OF SAlE GWO 9000.1921 900.000 SO. CALIF EDISON CO SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BY JG DATE 10/15103 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereby GRANTS to the CITY OF SAN BERNARDINO, a municipal corporation, that certain real property in the County of San Bernardino, State of California, described as follows: e Parcel I of that certain Certificate of Compliance No. 03-19, recorded as Instrument No. , of Official Records in the Office of the County Recorder of San Bernardino, State of California described as follows: " The Southeasterly 98.00 feet of Lot 227 of Tract No. 2258, recorded in Book 32, pages 72 through 77, inclusive, of Maps, in the Office of the County Recorder of said County. EXCEPT the Southwesterly 50.00 feet, of the Southeasterly 62.00 feet of said Lot 227." Said Parcel I is more particularly shown as "Parcel No. I" on the Exhibit "A", attached hereto and by this reference made a part hereof. RESERVING unto Grantor an easement and right of way to construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect, improve, relocate, and/or remove, at any time and from time to time, overhead electrical supply systems and communication systems (hereinafter referred to as "systems") consisting of guy wires and anchors, crossarrns, wires and other appurtenant fixtures and/or equipment necessary or useful, for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, along and across the Southeasterly 5.00 feet of said Parcell of said certain Certificate of Compliance No. 03-19, said Southeasterly 5.00 feet is more particularly shown as Parcel No.2 on the said Exhibit "A". ALSO RESERVING unto Grantor and its and their contractors, agents and employees, the right of free access to said systems and facilities and every part thereof, over the herein reserved systems, at all times, for the purpose of exercising the rights herein reserved, and the right to clear and to keep _MAIL TAX STATEMENTS TO: City of San Bernardino 300 North "0" Street San Bernardino, Ca. 92402 Attn: Bernard Kersey I' Grant Deed S. C. E., a corporation, to City of San Bemardino, a municipal corporation . Serial No. 65741A GWO: 9000-1921 900.00 clear, said reserved systems, free from explosives, buildings, structures, fences, vehicles, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantor, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein reserved. The real property hereby conveyed is not necessary or useful in the performance of the duties of said Southem Califomia Edison Company to the public. SUBJECT TO current real property taxes and to covenants, conditions, restrictions, reservations, exceptions, rights and easements of record. IN WITNESS WHEREOF _s9Jid Southern C.IDifpmia Edison Company has caused this instrument to be executed this _ '5rJt1l.- day of ---1.Jr~ . ,20dl3 . SOUTHERN CALIFORNIA EDISON COMPANY, a corporatio aid D. Johnson Manager, Real Estate Sales and Services Division Corporate Real Estate Department ~------------~ DOROTHY M. SPARICS ~ commlSSI.O n" 1293793 ~, Notary Public - Colllomla j z _ ~ Orange County f _ ~ _ ~~.:~~1~~ By . STATE OF C ss. COUNTY OF On 30 20~, before me, a Notary Public in and for said State, personally appeared Ronal D. Joh on, perso ally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. S my hand and official seal. . -2- . PARCEL No.1, (;J!jJ('1ll'7CATE OF COJIPLlANCE No. 03-19, lNSTRUJIENT No. 2003-0288785, OFFICIAL RECORDS, COUNTY OF sm BERNARDINO, STATE OF CAIJ1'ORNlA. e / ~ C) "'< '? u>. \. '/,6 ~ '" ej 25' ~ "to :\ PARCEL No. I N 38.33'30. If 62.00' PARCEL No. 2 N 51"26'30. E 77.86' N 38".13'30. If 62.00' '/,'/,'IJ [[]]]] PARCEL No. I. LANDS OF SOUTHERN CAUFORNIA EDISON TO BE SOLO Area = 9430 SqFl = 0.Z165 Acres ~ % ~'\ N 51"26'30. E 50.00' -J!<" I~ "1 PARCEL No. Z, 5' IfIDE OVERHANG EASEMENT RESERVATION IfITHIN PARCEL No.1 Area = 389 SqFl = 0.0089 Acres o \. "I ." . '.' ; ; ':'" . ;<... ~ . .... ~ LANDS OF SOUTHERN CAUFORNIA EDISON TO BE RETAINED Area = 3100 SqFl = 0.0712 Acres !..........I 50 SCALE IN FEET EXHIBIT A" 100 PR NAME: MUSCOY SUBSTATION EXCESS LANO SALE MAP & F.B. REF: M.B. 32/72-77 DRAWN BY: CORDOVA SURVEYED BY: HUBBARD DATE: 2-24-03 LAND INFO.: J. GLASSER SER.: 65741A CHECKED BY: L.KELLEY M.S. 57-102 CITY: SAN BERNAROINO COUNTY: SAN BERNARDINO f~[ffi'WN. J.O.:9000 LES:5202 .._............... File Name: M:\ARCHIVE\DRAWING\ le5202 .DWG . , ,. . j N ~ JO tQUN[) -SAN ~ . 65 ~ '< MIll. Sf z ~ ~ iiO' to - rlEU.M1)8 NOT TO SCAlE f:IQUBU iI6~ (909) 860-7777 SOUTHERN CALIFORNIA EDISON MUSCOY SUBSTATION LOCATION MAP APNI 0267-171-26 .lO8 NO. 2002.062 DAlE 5/2002 DRAWN8\' kICS FIE IWlE t7129OD1l BRYAN A. STIRRAT & ASSOC....TES CML AND ENVIRONMENTAL ENGINEERS 1.1410 VH.1.EY \1SfA ~ DW.fOND lINt. CA. '1?e5 I'.. o _J ! I " ',' I, "i I!., Iv \1, 'I 'h :\ i ~=::;Y )/ I,^- 1,,\.. i /, 'j' i...... ../' I; ~-,---- , 1 . ,,-4 ..... 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I -.".--'-"111--- _ _ ......... lW_\ _.'^--~ -___ L L. .'.".'" -~-_ ." :J.- .. ,,,,,-,,,,,,,,,,,,,-.-._,~_.,,~':" . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 12' \5'0:s Item # 2-4 Resolution # Vote: Ayes "',>;5"i Nays h Abstain y Change to motion to amend original documents: - LQ)3 - 346' Absent~ Reso. # On Anachments: -===-- Contract term: - Note on Resolution of Anachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: I '2 -n~ Date of Mayor's Signature: 12--\ )(-oj Date ofClerklCDC Signature: /2- \ lS-O:> Date Mem ener Sent for Signature: 60 Day Reminder Lener Sent on 30th day: 90 Day Reminder Lener Sent on 45th day: See Attached: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed }o: City Attorney ./ Parks & Rec. Code Compliance Dev. Services EDA Water ,/ Police Public Services Notes: NulllVoid After: - By: I'5:K~1 / ----- Reso. Log Updated: Seal Impressed: .-- Date Returned: ~ Yes ./ No Yes No ,/ Yes No ,/ Yes No / Yes No/ Finance ~ MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01 L__