HomeMy WebLinkAbout25-Water Department
.CITY OF SAN BERNARDINO - REGlUEST FOR COUNCIL ACTION
From: Bernard C. Kersey, General M~.na.ger
Dept: Water Department C i . . \,. j,., . L
Subject: Acceptance of an Easement from Kohl's
Distribution Center for property located on the northeast
corner of Mill Street and Lena Road and dedicating it for
Water Department use
Date: 3/21/2002
M&CC Meeting Date: 4/15/2002
Synopsis of Previous Council Action:
unknown
Recommended motion:
Accept the easement and dedicate it for Water Department use.
Contact person:
Bernard C. Kerse
Phone:
384-5091
Supporting data attached:
Yes
Ward:
First
FUNDING REQUIREMENTS:
Amount: N/A
Source:IAcct. No.)
IAccl. Description)
Finance:
Council Notes:
~ /J S-J /)0-
Agenda Item No. ~S
75-0262
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Acceptance of an easement from Kohl Distribution Center for property
located on the northeast corner of Mill Street and Lena Road and
dedicating the easement for Water Department use.
Background:
Kohl's Distribution Center is about to enter into a contract with the
Water Department to install a new 16" water main on the northeast
corner of Mill Street and Lena Road. In order for the Water
Department to accept the newly constructed main into our water system,
it is necessary for Kohl's to provide the Water Department with an
easement covering the area of the new main.
The Water Department Engineering staff and the City's Real Property
Section have reviewed these documents and found them to be acceptable
for recordation. The Board of Water Commissioners accepted the
easement at their March 19, 2002 meeting.
Financial Impact:
None
RecolllIllendation:
The Water Department recommends that the Mayor and Common Council
accept the easement from Kohl's Distribution Center for property
located on the northeast corner of Mill Street and Lena Road and
dedicate the easement for Water Department use.
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY CLERK
CITY HALL-c/o William Bryden. Water Dept.
300 North "D" Street
San Bernardino, CA 924 I 8
APN:
KOHL'S DEPARTMENT STORES. INC.,
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to the CITY OF SAN
BERNARDINO, a municipal corporation, AN EASEMENT FOR WATER INFRASTRUCTURE TO CONSTRUCT.
RECONSTRUCT. MAINTAIN. OPERATE. ENLARGE. REMOVE. AND REPLACE. A LINE OR LINES OF PIPE AT ANY TIME
AND FROM TIME TO TIME. FOR WATER TRANSPORTATION. WITH EVERY APPENDAGE OR STRUCTURE
NECESSARY OR CONVENIENT TO BE INSTALLED AT ANY TIME IN CONNECTION THEREWITH. IN. OVER. UNDER.
AND ACROSS the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHmIT A
EASEMENT PLATT ATTACHED AS EXHmIT B
EASEMENT CONDITIONS ATTACHED AS EXHmIT C
KOHL'S DEPARTMENT STORES, INC.
DATE: Ma,~vh III '2-00)...
B'~~
Senior ice President - Real Estate
ACKNOWLEDGEMENT OF GRANTOR(S):
This is to certify that the interest in the real property
conveyed by the within instrument to the City of San
Bernardino, California, a municipal corporation, is hereby
accepted by ordlfr of the City Council, and grantee
consents to the recordation thereof by its duly authorized
officer.
STATE OF WISCONSIN
COUNTY OF W AUKESHA
}S.S.
On
(ll(l.((; f\
Ka.rH\ S.
II , 200<-
~e:but-
before me,
CITY OF SAN BERNARDINO
By:Q,~ C!.~~1e..-
City'elerk
Date:
personally appeared Patrick E. Peery
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 hislher/their capacity(ies),
and that by herlher/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
-~~ J l-kkt-
Signature '"
Location:
FileNo.:
November 5, 2001
EXHIBIT A
1210-02
HILLWOOD INVESTMENTS
San Bernardino International Airport
900 Series
KOHL, Water Facilities Easement
A 25.00 foot wide strip of land being a portion of the following described parcel:
Lot 3 and portions ofLots 2, 4, 11, 12 and 13 of Block 45, Rancho San
Bernardino, filed in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County,
California, together with Lot 15 and portions of Lots 13, 14 and 16 and Stockton Street
(vacated), of the Ida Stockton Five Acre Subdivision, filed in Book 19 of Maps, Pages 57
and 58 thereof, Records of San Bernardino County, California, as shown by Record of
Survey No. 98-0019 on file in Book 110 of Record of Surveys, Pages 51 through 53
thereof, Records of San Bernardino County, California, all located in the City of San
'Bernardino, and being more particularly described as follows:
COMMENCING at the Southwest comer of said Lot 4, being a point 41.25 feet
northerly and 36.00 feet westerly of the centerline intersection of Lena Road and Mill
Street as shown by said Record of Survey No. 98-0019;
Thence N.00025'21'W. along the Westerly line of said Lot 4, being a line parallel
and 36.00 feet westerly of said centerline of Lena Road, a distance of 299.98 feet, to the
westerly prolongation of the northerly line of the southerly 300.00 feet of said Lot 4 as
shown by said Record of Survey No. 98-0019;
Thence N.89038'35"E. along said westerly produced northerly line, a distance of
752.63 feet, to the POINT OF BEGINNING;
Thence N.00025'21'W., a distance of 1280.00 feet;
Thence S.89039'04'W., a distance of 752.00 feet, to the Westerly line of said Lot
16, being a line parallel and 36.00 feet westerly of the centerline of said Lena Road a's
shown by said Record of Survey No. 98-0019;
Thence N.00020'56'W. along said Westerly line, a distance of 407.34 feet, to the
Southerly line of the Drainage Ditch Easement as described in Deed recorded June 22,
1944 in Book 1693, Page 20 thereof, Official Records of San Bernardino County,
California, hereinafter referred to as Point 'A';
Thence N.89036'55"E. along said southerly line, a distance of 699.23 feet;
Thence northeasterly along said Southerly line, along a curve concave
northwesterly, having a radius of 225.00 feet, through a angle of 30022'32" and an arc
length of 119.28 feet, to the east line of said Lot 13, also being west line of said Lot 14;
Thence N.59014'23"E., a distance of 208.31 feet;
Thence northeasterly along a curve concave southeasterly, having a radius of
266.00 feet, through an angle of 30050'28" and an arc length of 143.18 feet;
&KCT
K:\Clients\121O HilIwood\Legal Descriptions\12lO-Q2 Kohl- Water-Ease.doc
~
Hillwood Investments
KOHL - Water Facilities Easement
November 5, 2001
Thence S.89055'09"E., a distance of 716.48 feet, hereinafter referred to Course
'AI;
Thence S.00025'21"E., a distance of 2155.21 feet, herein after referred to as
Course 'B', to the northerly line of Mill Street, being a line parallel with and 41.25 feet
northerly of the centerline of said Mill Street;
Thence S.89038'20"W. along said northerly line of Mill Street, a distance of
228.80 feet, to the southeast corner of said Lot 3;
Thence S.89038'35"W. along said northerly line of Mill Street, a distance of
807.34 feet, to the southeast corner of said Lot 4 as shown by said Record of Survey
No. 98-0019; .
Thence N.00019'55"W. along the easterly line of said Lot 4, a distance of 299.98
. feet, to the northerly line of the said southerly 300.00 feet of Lot 4;
Thence S89038'35"W., a distance of 58.81 feet, to the Point of Beginning.
The centerline of said 25.00 foot wide .strip being described as follows:
COMMENCING at the hereinbefore described Point 'A';
Thence S.00020'56"E. along westerly line of above described parcel, a distance
of 22.50 feet, to a line parallel with and 22.50 feet southerly of said Drainage Ditch
Easement;
Thence N.89036'55"E. along said parallel line, a distance of 820.78 feet;
Thence N.53040'21"E., a distance of 295.23 feet, to a line parallel with and 22.50
feet southerly of the hereinbefore described Course 'A';
Thence S.89055'09"E. along said parallel line, a distance of 786.09 feet, to the
easterly line of the above described parcel, hereinbefore described as Course 'B', being
the terminus of said centerline description.
The above described parcel of land contains 47,553 square feet, more or less.
PLS 6152
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~ No. 6152 ~
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Prepared under the supervision of:
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Marissa Crowther,
Date: "l--"'Z-'S" - D~
K:\Clients\1210 Hillwood\Lcgal Dcseriptions\1210-G2 Kohl. Water-Ease.doc
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N89'38'35"E
752.63'
S'ly 300' Lot 4
per RS 110/51-53
SE Cor.
Lot 4
EXHIBIT B
@
La119,28'
R=22S.00'
&30'22'32"
@ NS9'4'23'E
208.31'
fi' L=143.18'
\!:./ R=266.00'
&30'50'28'
589'38' 3S"W
58.81'
(f Mill st,
1582.25'
References:
WA TER FACILITIES EASEMENT
Exhibit Map
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~ P.o...msIlMnlde.CAIZS17.QCllS Pl'n:1OlliSI'''-FllCIlDIIr14'\o1MS
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Block Lj.~
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--- 5S9'3S;Z0"W
50' Wide Drainage Ditch Easement
Bk. 1693, Pg 20, O.R.(6-22-44)
Public Road relinguishmen t to City of
of San aemardino, Bk. 8977/1061, OR.
01
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Cours\e 'AI ~...
589'5S'09'E 716.48' :
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Lot
Lot
3
S07.34
Ref. 1:
Ref. 2:
Record of Survey 110/51-53
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EXHlsrr 's'
Sheet / of /
Scale: /":r=300'Z
November 200/
WO /2/0-02
EXHIBIT C
1
2 CITY OF SAN BERNARDINO
3 EASEMENT CONDITIONS FOR WATER PIPELINE PURPOSES
4
5 Grantor shall not change the existing grade or otherwise
6 modify the topography of property affected by this easement
7 without prior written consent of the Grantee.
8 No building or other structure of whatever nature shall be
9 constructed or maintained upon any portion of the easement area
10 by Grantor.
11 Grantor shall not plant trees within the easement area of
12 Grantee's pipeline. Trees shall be permitted to be planted and
13 maintained on the remaining portion of easement area; provided
14 however, that if Grantee should require use of the remaining
15 portion of the easement area for replacement or relocation of its
16 pipeline, or for a future pipeline, Grantee shall remove any such
17 trees and shall not permit trees to be replanted within the
18 easement area of its replaced, relocated, or future pipeline.
19 Grantor's access over and across this easement shall be
20 reasonably maintained by Grantee during the term of this
21 easement.
22 / II /
23 / II /
24 / II /
25 / II /
26 / / / /
27 / / / /
28 / / / /
1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 NOTARY PUBLIC - COMPANY SIGNATURES
2 STATE OF WISCONSIN
3
4
5
6
SS.
COUNTY OF Waukesha
)
rllUL h
me,
the
On thisl \
2002,
before
of
day
7 undersigned, a Notary Public in and for said County and State,
personally appeared Patrick E.
proved to me on the basis of
Perry personally known to me or
satisfactory evidence to be the
person who executed the within instrument as the Sr. Vice
President - Real Estate, and personally known to me or proved to
me on the basis of satisfactory evidence to be the person who
executed the within instrument as the Assistant Secretary of the
Corporation that executed the within instrument and acknowledged
to me that such corporation executed the within instrument
pursuant to its bylaws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Signature
-4!-. . . ' J. ~t-
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