The URL can be used to link to this page

Home My WebLink About21-Development Services . , CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Date: February 28, 2002 Subject: Resolution authorizing and directing execution of an amendment to Grant of Easement documents for Southern California Edison Company across City-owned property located between 4th Street and 5th Street, East of the Lytle Creek Flood Control Channel (Nunez Park). File No.15.02-l428 MCC Date: 03-04-2002 From: JAMES FUNK, Director Cr:i'~I'j'.:~L Dept: Development Services Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution t4Lt4. L ~ James F;J I Contact person: EILEEN GOMEZ Supporting data attached: Staff Report/Map/ Easements/Resolution FUNDING REQUIREMENTS: Amount:N/A Ward: Source: (Acct. No.) (Ar.r.t n",<:r.ription) Finance: Council Notes: ~ f<S.O :t! 7('0 L -I [{ Agenda Item No. 4-.- 'IiI/OJ . f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing and directing execution of an amendment to Grant of Easement documents for Southern California Edison Company across City-owned property located between 4th Street and 5th Street, East ofthe Lytle Creek Flood Control Chanoel (Nufiez Park). BACKGROUND: The property located between 4th Street and 5th Street, east ofthe Lytle Creek Flood Control Channel (Nunez Park) was deeded to the City on August 8, 1944, subject to easement documents granted to Southern California Edison by Lewis E. Bennis, et al on December 13, 1930, and by 1. M. Lawyer and Kathryn M. Lawyer on November 12,1930. The upgrading of the easement documents across these City-owned parcels are needed by Edison in order to maintain proper service conditions and to upgrade existing facilities. Edison is in the process of upgrading these existing easements to provide for additional rights associated with utilizing existing structnres (poles and towers). The purpose of these upgrades is to provide for the installation and use of fiber optic cables for telecommunication usage. The easement upgrades will not affect the physical dimensions of the existing easements but provides for the expanded use of fiber optic cable systems. The current Edison easements on these City- owned parcels are approximately 750 feet in length. Edison will pay the City compensation in the amount of$2,250.00, or $3.00 per linear foot, for upgrading the existing easements. This amount is based on fair market value and is consistent with what is paid to other property owners within Edison territory. FINANCIAL IMP ACT: One time revenue of$2,250.00. Edison will install the facilities at no cost to the City. RECOMMENDATION: Adopt resolution. FEB-13-02 09:40 7148950798 P 03 R-830 'FFB-13L02 10:42 FROM;SCE-CRE/CarrierSoluLions 10:7148850788 ( , ~31"t.J '$ , ..........t~ ........... .~ ... . - - . .... a J ~ II"> '0. WAY .., . ~ , . ~:.1. r>--J '-::. ;!tall.' .. p.,w..-.J..I...........~JO'&WIM. ( ..dCI..............."....r. IJW~d.M,:.:~ .. wq --. III ...., ...... ., 1M . lIIJI' &e11E.:scuJHEIIN!WlRA3 ~ crJIU'AHY." It.. ........... ...... ~ .. .. ................................ wid! .... _............ - ......,. ~.......,.,.............~... ... d.u. __... .......................... '"....... ~I: , ...... ~ ....... ...,.. -- ""..-.c.;I.. ... ..... .... .... .... ~ w...;:. .. '. . . ., . .--.J:a~_~~,-n.n.. t:1~ 8c.l. ._l'IDU"._B~aL~~..!!!..!-~r.n.. jOI~. t'l:I'~.~ ...........c::...,.r ".I~"'.~.D ,.....,~..~.............._w... ....., ~ ~..... lell .a . parUDQ .r I4 ~1I'" (IOJ of IUadl' ~~ tM) ~ n. J:.ft 4IlI'iIII ~ ot 1M -.u r.e..o....1I.O.. ,.,.... N..... ... ... ... ...... .... %110, NOorU at' .s. IftMl'(l.ao ~1', ..... IIiIIIItlOM& ,cUaI or S.I ~_ lao) '.lIlt ... ,..~.I1It17 ."L-ill" II to1llw.1 1It!lUIl_~... I11III'" a.v.~'" . ~._ _..... 1.......1 .... ... ....._ ... __l.. _... 141.-' h-' ..... at ... IcNtawlmt; Dq.... d..... SAt ___ ID)I .... ~HCt:lr .... ,.. ..~... Ionau o~ ..It S. ~... ,., I ...... ..... " .. ......., 0-.. tit .sa '" t'Iotatl' QOJ, ..... _ .. . polOll ""roM ... __.. _... l'l.IIl -. :1; 0#.. _.........., ....l.o -or IIIIf -. ,.. .... 'flIh\'," . "" , ., ....... ............ .... II...... M WS-. MsSu,- _ a. .... JJIIf fill "'$ ....'. .".. ..... .. ...am Ioul....r.. _ ""It III~... ....,rtII. .. Qt_ ~'It.. (..It ,... . _. _... ..... _ u.. or """ too ...... la, ... to._ IAl. .. . ..... _ __ ...., ..... _ ... Ok \Ill _ I.lao or .... .... __ 1'1I111U1..... or ...la,.... ,",II - -,- .uo ..._.... _ __ *'1_ oM _ ""'.. .~.,' - ' ..., . or n. .... lIo.. ,rIM "'0._ lal ft ..jA __ 111"_. ",J MIl NUl. .... ..... .. Oft ..... . ........ .. a........ tu..- (l,:IIt ,...... .,..11 ,. . ..la, .. ... ...._ UN"'" ..... _aA.. ~ ,..... tII... (.1, ~ 'l.,.,t .t .. Nn" cna,......u ....... eMit ,'" ....t !It.tl'tr CaD! r..c .. ... lUll. __.& .. .~S ..a-. .t ... _11'1.111& ...... u... ,".-',. ~,7; -r" . ;: ','; : ~~~... . .., " , . " 7~ ~ _2..2- " " . 0.'. D;l-- .-.... sfi!:l I" , . DAT, .3::Lr-L01 ' ."'. .3..Zc....... .. ....lD I<L Q, I'>' ..- - . .':":~~ .~. -. ....: f"' ..,'." _.,1,-. '. INn JoIo_....._a4..a.,......... p_ =:. .........-.- _ ... -,.. ....~~.............,.III ..--.,............ --. ..: ......, ., ... PI" ~. .. .u ...- .. _........ 1M ..... ................... .. _...._...._~_....d........,_~~~........- ' . .. ~ ~ ... ... .. PewIi- c...., ...... ~...... .... ..,..... ' ...........,.1&........................... /' ",,~~. <<:J . . , ws.-. ---I.I...~...J!LfP~ 't'4 . Ah<~-__;..~~b. . to~' -= . . . ~~.....--......,.- . -.). .' .":7~.-'" - ','. ,." -...........-.... :'~:..~-. :~~.. . ..' p a.-. ~~ ?kf~- ~4 ,.; \~ .. "7"' - - ,et~~. , .' ,'. .. . - . Job-391 PAGE 3/9 FEB-13-02 09:40 714S95079S P07 R-S30 'FFB-13~02 10:43 FROM:SCE-CRE/CarrierSoluLions _....'" ,po _1M . .-.,. . .,. .. .,08r o. WAr tu.lt<Je PAlt_,_.. ~1".1~a..1&"t....a, _~ ,.,... ................._...o.o.au (...aal...............~ L- 'J~' "..... .. _7' _____ .. .... .......... '" .. .......... .. THE:saJI1oIERN ~ IG'MiR CIOIU'ANV. ia. .........-...........-...~.......... .............................................. ~.........-.f....Pa-r~... ..d.r............__...................-: ........1IlI...............,._~............. In-.... .....-....,......"......... r..JI. ~ .. De... M. ....1'. IdJ dta. ..............c;...,.. Ba1lRnlll.-'.t.M :s...J~""""""""'~"w. ..... .., pcr.I"\Ua _ I.DtI =_.. Uti... ,..." 'Ill) or ~...... StliIII' 1111 . u. n.. ,......... or .. .....IN ... ....u. .. ,... ... ht...... Sa II1I;I ... a.na. ,ap :W. nanil or;Slll ......,.. !:I~"t --. J.rli1"~ c..et1bflt . IIallanl ~ _ QI _. u... or ..u IaI MlMtMl cuS '* . JIfIII' nn;t llOl r..t .., _ u., ..na... Datt.. ~... 1d ....... 'UI ... J'QDs.1it .... ~ '10' DD1tLt.. ~ (lOOt t.... IOI"t!I of ,.. BottIl 11.. or IflldoQ .He, "'"'.. ..., J1t" faDl f8d1 ..,"_t111 08. JIIIDDt4 (21101 ,.. sa . ,111..& .. * .,... Uu fit leu.- IaIi'G 1StzH'1 ~ ... .. t ,eiat _ BalIM .hlItr-U - ....... ......... (....'I ,.., ..., tit .. _., 1,... fd ....4 ~t~.. laI" ......... _..I:' to... _. _ or.oU ~ _ lall" - .... .... ... poIa' or ........ 1"- __ u... MIl "eM III...... .............. _...... .. Do _ 11ao or _ ... __IDI I.... IIIrD 11_ ..r L~ 111"-". (U) II..... ..... 1aI "I IInUa U.. DI 1'1--' 15'11'.... J .~ . paSId .-a ~ lJite1wa ... ,.... ..... '_.:lJ ,... zut at a. .......... aan.r 01 _NI a. Ill...... (18) I .... nIDi.... t.bd.J. .." a- 10. ..'. . Ibn... of 111"'" .. (IDI,ren. .;a~~1 to. ..._. tie ~"2JDI of tal .......-nMl ::.: -na. naat: or war """"NId'" *11 b.,...., lID) "iII ....., SIloh'17 '.$CIJ f'Ht: OD .8Il ....., ...-.4.. .....' ... ~ .. .... ........... .. .- .... ..... 33 lOa< ~?{,. ....6" , " .,~" ~ _ "...~~~"-/'3~ 'AGI /76 ..... 0 ..... 0 o h~""" ....._.... _.,.... _~. ... ............ ........ ... ........ .... ................. .... ... ........ .-r. - J .... aM ...... ........ IIlI4 Md-. 1M ......, of 1M ~..!...- ... .II ~ lit ....... ......1;1 .............. ~ -"-0 .1.............,........ ~....w .......f~.........a.-w.dlM..............,. l>o__.........Po.,_......._~F__. - =- ........- -.......... J lIl. --- "---~. r" 4J; i /. C!~~ ..'~J",,~ I : a.L oWID - 551 Job-391 PAGE 7/9 I . 'I . )l\, c:> ~ rx J'~ ~} ")f~ ...,. .l"...~ 5bf""" I~ ~ .." ~ g,.. sa; 3~'Vd IBE-qor 10 - ~ _ 'I . '" " p e.1l 0111., ~ ... IPJI!~ ~ H _.~ I @ ~ ~ .. ~ III ~~ .. ..... '5 ~ ~ ~" if' ;!! ,,'<' 'J Ci>~ "'-- ." ,-it' J, @ ........ (.~ "...,.,. o o j ~ .- I ! ~ I ~~ ~j~ r ! i , , i .. t "-" :!t~ -'" "., z' .'!! L" * , ., , Q-- r' .'-"'- "p-- , , . : .. o _ ~~ ) 861.0568f711.~aI "'j suo~~nlo5~a~~~p~/3~~-3~S~WO~d ~f7~01 ~0-8t-83d OEB-~ ZOd mosm II Ot:BO ZO-EI-a3~ " CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution authorizing and directing 0"" ,.' '00 'L .. execution of an amendment to Grant of Easement i II ..... II W Ii for Southern California Edison Companl across City-owned property located between 4 Street and 5th Street, East of the Lytle Creek Flood Control Channel (Nuiiez Park). File No.15.02-1428 MCC Date: 2-19-2002 Dept: Development Services Date: January 29, 2002 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution Contact person: EILEEN GOMEZ Supporting data attached: StaffReport/Map/ Easements/ResolutIon FUNDING REQUIREMENTS: Amount:N/A Phone: 5328 Ward: 1 Source: (Acct. No.) (A~r:t nA~~riptinn) Finance: Council Notes: Agenda Item No. ~ /J 'J J/J do- , Jd.- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution authorizing and directing execution of an amendment to Grant of Easement for Southern California Edison Company across City-owned property located between 4th Street and 5th Street, East of the Lytle Creek Flood Control Channel (Nufiez Park). BACKGROUND: On June 21, 1960, Resolution No. 5632 was adopted, authorizing the execution of an easement document to Southern California Edison across City-owned property located between 4th Street and 5th Street, east of the Lytle Creek Flood Control Channel (Nufiez Park). Edison requested the easement in order to maintain proper service conditions and to upgrade existing facilities in the area west of Mt. V ernon Avenue and south of 9th Street. Edison is in the process of upgrading existing easements to provide for additional rights associated with utilizing existing structures (poles and towers). The purpose of these upgrades is to provide for the installation and use of fiber optic cables for telecommunication usage. The easement upgrades will not affect the physical dimensions of the existing easements but provides for the expanded use of fiber optic cable systems. Edison does not, nor does it propose to, allow third party companies access to the easements or the Edison facilities. The current Edison easements on these City-owned parcels are approximately 750 feet in length. Edison will pay the City compensation in the amount of $2,250.00, or $3.00 per linear foot, for upgrading the existing easements. This amount is based on fair market value and is consistent with what is paid to other property owners within Edison territory. FINANCIAL IMPACT: One time revenue of $2,250.00. Edison will install the facilities at no cost to the City. RECOMMENDATION: Adopt resolution. 1 R,';;iULunON NO.~ 2 3 A HE:JOi,U'I'IOI; Or' THE ",i,YOh i,@ ~Oiij,:011 COUlIC..:!.. 0,,' 'i',:l ~ITY OF SAI; BElWA. DINO AUTHOJUZINO THE ,;XF:CUTIOIi 0" ill, hr;Chm; F:A,'I:HEN'r TO 'rHh CALIFORNIA ELECTRIC rO;,ER COl,IPAIlY "Cf,O::, A PORTION Ot' LAli:) C",1IIED Bf THE CITY OF G"i; !ll!:iUlARDINO ( 311','&'11111 P ARid. 4 5 6 BE IT R;;::OLVED BY THE HAYOt( .\))1) COO10H CUUECIL (W TilE GI'l'Y OF SAN BEhlWiDINO AS FOLLO,IS: 7 8 SE~~IOH ONE: That the City of San Bernardino execute an anchor easement to the California Electric Power Company for downguy wire anchor purposes over property owned by the City of San Bernardino, being over a portion or Lot 20, Block 9 10 11 12 24, Rancho San Bernardino, as per plat recorded in Book 7 of naps, at page 2, records of San Bernardino County, upon certain terms and conditions set forth in said easement. SECTION TdO: That the said anchor eaeement referred to herein, a copy of which is attached hereto, marked Exhibit "A", and is hereby referred to and made a part hereot as fully as though set out at length herein, is hereby approved. SECTION THREE: That the Mayor of the City of San Bernard1no is hereby authorized and directed to execute said anchor easement on behalf of the City of San Bernardino. I liEnEBY CERTIFY that the toregoing re801ution '1D.8 duly adopted by the Jilayor and Common Council of the City of 13 14 15 16 17 18 19 20 21 22 23 24 . . at a..> ';}'-1/ /"'nA/ day ot/; !<~-JI I San Sernardino oeet1ng thereof held 25 26 27 28 on the ~ vote, to-wit: '. I All: !j1(:r'-~'<<:.I-~'dE'_;",f.~4:'-/ '{:i/'/ , 1960, by the following NOES: .. -(,I-.A:.<-_ '. ) , , .;';ru4'~. ny-w-u<.. . f-;l.(t.,(t.... /.' 7) ABE;Er~T: .....,_t _Ii ,_ , - ~~.:.:f.<.:_.!.~ 29 30 31 lACK r FFLTON City Clerk 32 13'/'1 :j::~; '>:'~' :)~(i;~ ."'ll\.I" _',,'ir~'. \'~l~~- !is., ':\B:~;: 1 I hereby approve the t9r-egoing resolution this &~ /7 ot '...u-'''''Li.._ ,1960. f 2 day 3 4 5 1'1i',;') I~;': ,i<[IjOHY Mayor of the City 01' San Bernardino 6 Approved aa to form: i:."~",...i;'.fl. .i:J.. P.iY!;:,\.icm. City Attorney 7 8 9 State 01' California 10 Count y ot San Ilernardino 55 City ot San Bernardino 11 12 I Jack T. Felton, City Clerk in and tor the City 01' San ~~~!no, do hereby cer"tity that the toregoing Resolution No. " 18 aMI, ttlUe and correct copy ot that now on file n s oftice. IN WITNESS WHEREOF, I have hereunto set my hand and attixed)'t. ~ .~~a~ of the City of San llernardino, this .,;2/,.'''<- day of '. ' ,1960. , 13 14 15 16 ", ~- }i'""c ~'. ~~.~ , ity Cler , , '/ 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 'f 32 /39'1 t1: ':,f$; .;~~ib;: 'I: " ':.. ',', \'/. : .~-" , ';::' "'" h'~ ~.- . ANCHOR EASE~ENT (corporation) Form 567-8 Ii'eV. 12/ 55 E~CHIBIT n A" 19_ CITY OF SAIl UIUWlIlIBO. CaUfol'Di.. . _c1D&1 ool"llOnUOII , .... Grantor_, do..!!.... hereby grant to the Grantee, CALIFORNIA ELECTRIC POWER OOWPANY, its successors and assigns, a right of way easement for the erection, installation, maintenance, use, inspection, repair, replace- ment and rerooval of electric I ine supporting anchor and guy wires, including anchor rods, fixtures and appur- tenances, upon and over that certain re31 property ;jiuated in the County of ~ ~Z!ULrdi~ state of California, described as follows: :rbat pc:irUOII of Lot 20. Block 24. of tha _ho Sail Bamardiao. .. obow by _p th.nof racordad in Rap Book 7. _ 2. racorclo of S.n Barnarclino County, delCribed .. followo: c-nc1ns 296.24 f..t out and 41.2.S feet Borth of the Southwest corner of .a14 Lot 20, Block 24; thebe. NortlNe.terly to the Northwe.t corner; thence Eut to the Nortbaut corner; thence South to the Sout....t conwr; tbeac. We.t to the point of bosinn1ns. rho ..o_nt heroin srAllt.d ohall he 2 foet in width, beins located one (1) foot on each aide of tha follow1ns deacrihad center Uno: Basinn1ns OIl the we.t.d)' Uno of the ........ deocribed property. .t . point 73.51 feat Northweotarly of the center U... of Foothill Soulev.rd (4th Street) AIld runnins t_e Borth 69" 15' Eut. . d1o_ of 2.S feat to . point in the ._ deocribed property. ~'~ED AS 'ODErCltl'''DH t-<-f --" N~~ A~.;;:C;ITY .ENGINIl..,. DAT. ~.. f! .;ll 19&1: I), _/ The Grantee shall have the right to keep the right of way easement hereby granted free and clear of obstructions to such extent as may /)e necessary to prevent contact, interference with or damage to said electric 1 ine anchor____ and guy wires and the use thereof: and shall have the right of ingress and egress to and from said right of way easement. and every part thereof, for all uses and purposes in the exercise of the easement and rights herein granted. STATE OF CALIFORNIA COUNTY OF t S~ By USE ONLY San 8emarctino on this Twentv_N.:rst day of SnnA in the year one thousand nine hundred .lzty . before me, Lu c111e G('Ifrn..th a Notary PUblic in and for said County and State, personal 1 y appeared RBvmond H. Gre~orv known to me to be the MaYor and Jack T. Felten known w.....1Q-b.the C1ty Clerk , of th~!'mll that executed the within instru- ment, and known to tie to be the persons 'm&.R_~n the within instrument on behalf of theJlO?Po7~~t .~Alll8_~ed, and aCknowledged to me that such ~3r~~ ~~~ ~ same, and aCknowledged to me that such/~c;rporatf.;Ji"executed the within instru- ment pursuant to its by-laws or a resolution of its ......-oI........~.. city c0UDe11 WITNESS my hand and official seal., Attest: SP E (seal) Hota Publ i.c .!n Pn.d. !O[',~i'{~~g!! and I.y r.nprn;,':'-r, L...;,:':~ .....~. 8-,J, location - - Authority 211 - 7943-350 Mapped in Approved as to legal features state Prepared 8yCGH 5-16-60 page By R/w Dept. ke From orawing No. DC 211-682 Description CheCked ~ Civil Engineer Attorney ,.,QQ 1 . 2 3 4 5 6 7 8 9 10 11 12 . .' RESOLUTION NO~(Q) [?'{f RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIN(; AND DIRECTING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMF.\T DOCUMENTS FOR SOUTHERN CALIFORNIA EDISON COMPANY ACROSS ClTY- OWNED PROPERTY LOCATED BETWEEN 4/11 STREET AND S'" STREET, EAST OF THE LYTLE CREEK FLOOD CONTROL CHANNEL (NUNEZ PARK). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute. on behalf of said City, Grant of Easement documents to SOllthcrn California Edison Company, reiating to certain City-owned real property located between 4'" Street and 5'1. Street. east of the Lytle Creek Flood Control Channel, copies of \\hich are attached hereto as Exhibit "X' and Exhibit "B". 13 14 / / / 15 / / / 16 17 18 19 20 21 22 23 24 25 26 27 28 02/28/02 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 10 18 City Clerk 19 The foregoing resolution is hereby approved this day of 20 21 22 23 Approved as to form 24 and legal content: 25 26 27 28 . . 11 12 13 14 15 16 17 .' I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof held on the day of ,20_, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK ,20_ JUDITH V ALLES, Mayor City of San Bernardino JAMES F, PENMAN City A torney 02/27/02 2 FEB-2?-02 14:58 FROM.SCE-CRE/CarrierSoluLions 2002-78 ID.714BS507BB PAGE 2/5 RECORDING REQUESTED BY Southem CaUlomia Edison Company WH N R C OED MAIL TO Southcna CaW'omia Edison Company 14799 Chestnut Street Westminster, CA 92683 ATTN: Corporate Real Estate Department Real Eatate Operations Tom Cuthbertson SPACE ABove TtllS LINE fOR RECORDER'S USE AIIDDIIBIlT TO GRAJI'T OJ' &A$Ji:IO:l'lT UlCAl'lDN OOCUMENTARY TRANSl'l!R TAXI ........ -...... IIlENmY IW"IIZEc::ftlDNO. County orSan COMPUTED ON RJlL VALUE OF CONSIDERATION Bo:rardino 4IIEIIOAI ~ NO. Iai ""'-" ''''NO. ~:... '" .... 0\38-1'1-04. ~. (II' IIEOI.Nw<< CRAlliiENJ DETE_1rING TAX .....- 220-2202-1 - Fe.....,. 27.2002 This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of 200_, is entered into by and between SOUTHERN CAlJFORNlA EDISON COMPANY, a corporation, its succe&SOrs and aBSigns, hereinafter called "SCE" and CI1Y OF SAN BERNARDINO, its successors and assigns, hereinafter called "GRANTOR' W!I!'iEUE!!! WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for electrical distribution/transmission purposes under an4 by virtue of that certain Grant of Easement, from Lewis E. Bennis, et al, to Southern Cslifomia Edison Company, a corporation, dated December 13, 1930, and recorded on MMeh 13, 1931, S$ instrUment number 76, in Book 702, Page 375, in the County of San Bernardino, Slate of California, in, on, over and across that certain real property in said County and Slate, WHEREAS, Grantor is the present owner of the above-described Existing Easement. WHEREAS, GrantoT an4 SCE wish to maintain the Existing Easement in full force and effect and to amend the Existing Easement, to grant additional rights to SCE; NOW, THJ;:REFORE, for valuable consideration, receipt and adequacy of which is hereby acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs, SUccea80rs and assigns, as follows: . Grantor hereby grants addition," easement rights to SCE to construct, maintain, operate, remove and access, at any time and from time to time, a fiber optic eable $ystem upon existing facilities for any internal or commercial use by SCE and corporations controlled by or under common control with SCE, and the ri&ht to apportion to telecommunication providers and others for commercla1 use of the Existing Easement and fiber optic eable. It is intended by seE and Grantor that this Amendment shall not extinguish SCE's prior existing easement ri&hts in and to the lands of Grantor and the right. of SCE in the lands of Grantor shall be referable to both the Existing Easement and the interests, covenants and conditions conveyed or created by this Amendment. EXHIBIT "A" FES-27-02 14:68 FROM:SCE-CRE/CarrierSolu~ions ID.7148860788 PAGE 3/5, AMENDMENT OF GRANT OF EASEMENT 2002-78 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date fl1'st above set forth. SOU'I'RERN CAIJFORNIA EDISON COMPANY, a cOlpOration By C. Kelly Kl'au8haar Manager. Carrier Solutions Corporate Real Estate Department By cm OF SAN BERNARDINO (Grantor) STATE OF CAIJFORNIA ) ) 8a. COUN1Y OF I On , 200 _, before me, Public in and for said State. ~sonal1y appeared peJlIOnally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is/are) auhac:ribed to the within instrument and aclmowledged to me that (be/she/they) executed the _ in [his/her/their) authorized capacity(ies), and that by (his/her/their) signatureja) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a Notary WITNESS my hand and offieiaI seal. Signature of Notary STATE OF CAIJFORNIA ) ) 98. COUNTY OF I On . 200 _. before me, Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) [ia/are) subscribed to the within instrument and acknowledged to me that (be/she/they) executed the same in [his/her/their) authori2ed capaclty(iea). and that by (bis/her/their) signature(a) on the instrument the personls). or the entity upon bebalf of which theEperson(s) acted. executed the instrument. a Notary WITNESS my hand and offICial seal. Signature of Notary FES-27-02 14.68 FROM:SCE-CRE/CarrierSoluLions 2002-78 ID,714BS507SB PAGE 4/5 RECORDING REQUESTED BY Southem CaUfomia Edison Company WHEN RECORDED MAIL TO Southem CaIifanUa EdiIson Campa..,. 14799 Chestnut Street Westminster, CA 92683 ATl'N: Corporate Rea1 Estate Department Rea1 Estate Operations Tom Cuthbertson SPACE ABOVE! THIS LINE! FOR RECORDER'S USE AJIElIlDMEBT TO GRAJIT OJ' EAS"'IIDT ....... """""" llOCUMeNTARY TRANSI'I!R TAX $ IlI!DIllCT -- ItIf.NnN MtoPsmtilUDNO. Coun~ofSon COMPUTED ON FULL VALUE OF CONSIDERATION Bcmantino "'lIEMQRI~1C\. see .,.."... "'NO. - .. ..111 0138-151.12. SlG. OF DeCl.NWir ORAGBn'~ TN!: .... - 22D-2202-1 --... Fcbnialy 27. 2002 - This AMENDMENT TO GRANT OF' EASEMENT (Amendment), dated. the day of 200_, is entered into by and betweel:I SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, Its successors and assigns, hereinafter calle4 "SCE" and CITY OF SAN BERNARDINO, its successors and assigns, hereinafter ca1Ie4 "GRANTOR-" WIINEUEIH WHEREAS, SCE is the owner of an easement and right of way "ExistinJl; Easement" for elec:tneal distribution/transmission purposes under and by virtue of that certain Grant of Easement, from J. M. Lawyer and Kathryn M. Lawyer, to Southern CsIilornia Edison Company, a corporation, dated. November 12, 1930, and recorded on Novmnber 24, 1930, as instrument number 33. in Book 676, Page 176, in the County of San Bernardino. State of california, in, on, over and across that certain real property in said County and State. WHEREAS, Grantor Is the present owner of the above-described Existing Easement. WHEREAS, Grantor and SCE wish to maintain the ExIsting Easement in fuU force and effect and to amend the Existing Easement, to grant additional rights to SCE; NOW, THEREF'ORE, for valuable consideration, receipt and adequacy of which is hereby acknowle4ge4, it is agreed by the parties hereto on their own behalf and on behalf of their heirs. successors and assigns, as follows: Grantor hereby grants additionall".A""T'''.nt rights to SCE to construct. maintain, operate, remove and access. at any time and from time to time, a fiber optic cable system upon existing facilities for any internal or commercial use by SCE and corporations controlled by or under common control with SCE, and the right to apportion to telecommunication providers and others for commercial use of the Existing Easement and fiber optic cable. It Is intended by SCE and Grantor that thi$ Amendment shall not extinguish SCE's prior existing easement rights In and to the lands of Grantor and the rights of SCE in the lands of Grantor shall be referable to both the Existing Easement and the Interests, covenants and conditions conveyed or created by this Amendment. EXHIBIT "B" F~8-27-02 14.58 FROM.SCE-CRE/CarrierSaluLicns ID.7148850788 , 2002-78 AMENDMENT 010' GRANT 010' EASEMENT PAGE 6/5, Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date rust above set forth, SOUTHERN CALIFORNIA EDISON COMPANY. a corporation By C. Kelly Kraushaar Mallllger . Carrier Solutions Corporate Real Estate Department By CITY OF SAN BERNARDINO (Gt-antor) STATE OF CAUFORNIA ) ) as. COUNTY OF I On , 200 _, befofe me, Public in and for said State, peTsonaUy appeared. pensonally known to me (or proved to me on the basis of astisfactOty evidence) to be the person(s) whose name{s) [is/arel subscribed to the within instrument and acknowledged to me that [he/she/they] executed the $MIl! in [his/her/their] authori2ed capacity(ics). and that by (mil/her/their] signatUfe(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a NotaIy WITNESS my hand and oificial seal. Signatufe of Notary STATE OF CAUF'ORNlA ) ) ss. COUNTY' OF I On . 200 _ before me. Public in and for said State, personally appeared. peTsonaUy. !mown to me (or pn>Wd to me on the basis of satisfactory evidence) to be the person(S) whose name(s) [is/are) subscribed to the within instrument and acknowledged to me that (he/she/they] 8lalCUted the same in [hiS/her/their] authori2:ed capacity(ies). and that by (his/her/theirl signature{s) on the instrument the per80n(S). or the entity upon behalf of which the person(s) acted. executed the inlltrument. a NotaIy WITNESS my hand and ofticla1 seaJ.. Signatufe of Notaty . RECORDING REQUESTED BY Southern California Edison Company WHEN RECORDED MAIL TO Southern California Edison Company 14799 Chestnut Street Westminster, CA 92683 ATTN: Corporate Real Estate Department Real Estate Operations Tom Cuthbertson SPACE ABOVE THIS LINE FOR RECOROER'S USE AMENDMENT TO GRANT OF EASEMENT LOCATION OOCUMENTARY TRANSFER TAX $ DISTRICT WORK ORDER IDENTITY MAP SIZE GRID NO. County of San COMPUTED ON FULL VALUE OF CONSIDERATION Bernardino ASSESSORS PARCEL NO. seE Corrpany FIMNQ. APPROVED: BY DA'" 0\38-151-\2, SIG. OF OEClARANT OR AGENT DETeRMINING TAX FIRM NAME 220-2202-1 CorpooIteReal e-.. February 27. 2002 - This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of 200_, is entered into by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "SCE" and CITY OF SAN BERNARDINO, its successors and assigns, hereinafter called "GRANTOR." W!INE~~jHH WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for electrical distribution/transmission purposes under and by virtue of that certain Grant of Easement, from J. M. Lawyer and' Kathryn M. Lawyer, to Southern California Edison Company, a corporation, dated November 12, 1930, and recorded on November 24, 1930, as instrument number 33, in Book 676, Page 176, in the County of San Bernardino, State of California, in, on, over and across that certain real property in said County and State. WHEREAS, Grantor is the present owner of the above-described Existing Easement. WHEREAS, Grantor and SCE wish to maintain the Existing Easement in full force and effect and to amend the Existing Easement, to grant additional rights to SCE; NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs, successors and assigns, as follows: Grantor hereby grants additional easement rights to SCE to construct, maintain, operate, remove and access, at any time and from time to time, a fiber optic cable system upon existing facilities for any internal or commercial use by SCE and corporations controlled by or under common control with SCE, and the right to apportion to telecommunication providers and others for commercial use of the Existing Easement and fiber optic cable. It is intended by SCE and Grantor that this Amendment shall not extinguish SCE's prior existing easement rights in and to the lands of Grantor and the rights of SCE in the lands of Grantor shall be referable to both the Existing Easement and the interests, covenants and conditions conveyed or created by this Amendment. AMENDMENT OF GRANT OF EASEMENT Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above set forth. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By C. Kelly Kraushaar Manager - Carrier Solutions Corporate Real Estate Department By Cln:9F S~ . I , /i ..c' (_"-' RNARDINO (Grantor) COUNTY OF ) ) ss. l /' ~- STATE OF CALIFORNIA On , 200 _, before me, Public in and for said State, personally appeared a Notary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) [is/are] subscribed to the within instrument and acknowledged to me that [he/she/they] executed the same in [his/her/their] authorized capacity(ies), and that by [his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF CALIFORNIA ) ) ss. COUNTY OF l On , 200 _, before me, Public in and for said State, personally appeared a Notary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) [is/are] subscribed to the within instrument and acknowledged to me that [he/she/they] executed the same in [his/her/their] authorized capacity(ies), and that by [his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ~ RECORDING REQUESTED BY Southern California Edison Company WHEN RECORDED MAIL TO Southern California Edison Company 14799 Chestnut Street Westminster, CA 92683 ATIN: Corporate Real Estate Department Real Estate Operations Tom Cuthbertson SPACE ABOVE THIS LINE FOR RECORDER'S USE AMENDMENT TO GRANT OF EASEMENT LOCATION DOCUMENTARY TRANSFER TAX $ DISTRICT WORK ORDER IDENTITY MAP SIZE GRID 00. County of San COMPUTED ON FULL VALUE OF CONSIDERATION Bernardino ASSESSORS PARCEL NO. seE Company FtMNO. APPROVED: BY om 0138-151-04. SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME 220-2202-1 Corporate Real Estate February 27, 2002 -.. This AMENDMENT TO GRANT OF EASEMENT (Amendment), dated the day of 200_, is entered into by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "SCE" and CITY OF SAN BERNARDINO, its successors and assigns, hereinafter called "GRANTOR." W!I!'i];~~];IH WHEREAS, SCE is the owner of an easement and right of way "Existing Easement" for electrical distribution/transmission purposes under and by virtue of that certain Grant of Easement, from Lewis E. Bennis, et ai, to Southern California Edison Company, a corporation, dated December 13, 1930, and recorded on March 13, 1931, as instrument number 76, in Book 702, Page 375, in the County of San Bernardino, State of California, in, on, over and across that certain real property in said County and State. WHEREAS, Grantor is the present owner of the above-described Existing Easement. WHEREAS, Grantor and SCE wish to maintain the Existing Easement in full force and effect and to amend the Existing Easement, to grant additional rights to SCE; NOW, THEREFORE, for valuable consideration, receipt and adequacy of which is hereby acknowledged, it is agreed by the parties hereto on their own behalf and on behalf of their heirs, successors and assigns, as follows: Grantor hereby grants additional easement rights to SCE to construct, maintain, operate, remove and access, at any time and from time to time, a fiber optic cable system upon existing facilities for any internal or commercial use by SCE and corporations controlled by or under common control with SCE, and the right to apportion to telecommunication providers and others for commercial use of the Existing Easement and fiber optic cable. It is intended by SCE and Grantor that this Amendment shall not extinguish SCE's prior existing easement rights in and to the lands of Grantor and the rights of SCE in the lands of Grantor shall be referable to both the Existing Easement and the interests, covenants and conditions conveyed or created by this Amendment. AMENDMENT OF GRANT OF EASEMENT Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first above set forth. SOUTHERN CALIFORNIA EDISON COMPANY, a corporation By COUNTY OF ) ) ss. 1 c. Kelly Kraushaar Manager - Carrier Solutions / Corpor~e Real Estate Department ,1/ , I - .., By / l((L~ ( ---""'- (Grantor) STATE OF CALIFORNIA On , 200 _, before me, Public in and for said State, personally appeared a Notary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) [is/are] subscribed to the within instrument and acknowledged to me that [he/she/they] executed the same in [his/her/their) authorized capacity(ies), and that by [his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 200 _, before me, Public in and for said State, personally appeared a Notary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) [is/are] subscribed to the within instrument and acknowledged to me that [he/she/they] executed the same in [his/her/their] authorized capacity(ies), and that by [his/her/their] signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ., ., ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~-A .()~ Item # Vote: Ayes I. J Nays {)- Change to motion to amend original documents: ;). I Resolution # ;)C:O;l. - I g Abstain e- Absent f-y Reso. # On Attachments: ./ Contract term: - NullNoid After: Note on Resolution of Attachment stored separately: =--- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: .~ Date Sent to Mayor: ::; . 5 .- 0 :;l- Date of Mayor's Signature: :.s ~5 - G ;) Date of ClerklCDC Signature: 3 '''- '-0 :>- Reso. Log Updated: ,./ Seal Impressed: / Date MemolLetter Sent for Signature: 60 Day nt on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: - 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 (3.2.85, 8234, 655, 92-389): Yes ./ No By Yes No~ By Yes No-L By Yes No -9 By Yes No Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services L EDA Finance MIS Police Public Services Water Others: Notes: 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: !'Yl:L.- Date: ~ Revised 01/12/01