HomeMy WebLinkAbout25-Water DepartmentCITY OF SAN BT'rRNARDINO -REQUEST FOR COUNCIL ACTION
From: Stacey Aldstadt
General Manager
Dept: Water Department
Date: February 12, 2007
Subject:
Resolution of the Mayor and Common
Council Granting an Easement to San
Bernardino Valley Municipal Water
District for the Baseline Feeder South
Pipeline located at Pedle~ Road
Between 6"' Street and 9 Street
(APN 27&191-30)
MICC Meeting Date: 3/0/07
NONE
Recommended Motion:
ADOPT RESOLUTION
,~~2 9n~Li4/~..l.~-
Contact person: Stacev Aldstadt Phone: 3845081
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.l
Finance:
Council Notes:
Agenda Item No. o~J
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
srnFF r~roRr
subjaat:
Resolution approving a Grant of Easement to San Bernardino Valley
Municipal Water District for the Baseline Feeder South Pipeline located
in Pedley Road Between 6t° Street and 9t" Street, San Bernardino, CA (APN
278-191-30).
Background:
San Bernardino Valley Municipal Water District (SBVMWD) has recently
constructed the Baseline Feeder South 78" Pipeline. The City of San
Bernardino owns property surrounding the pipeline and is currently used
as the City of San Bernardino Community Garden.
In order to allow access for proper maintenance, SBVMWD has requested a
25-foot wide easement approximately 973 feet along the westerly edge of
Pedley Road between 6t° Street and 9`° Street (APN 278-191-30).
Financial Impact:
None
Roca~endation:
Adopt Resolution granting an easement agreement to San Bernardino Valley
Municipal Water District for the Baseline Feeder South Pipeline on property
located on Pedley Road between 6T" Street and 9T" Street, San Bernardino, CA
(APN 278-191-30).
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY
KUNICIPAL WATER DISTRICT FOR THE BASELINE FEEDER SOUTH PIPELINE ON
PROPERTY LOCATED ON PEDLEY ROAD BETWEEN 6T" STREET AND 9T" STREET, SAN
BERNARDINO, CA (APN 278-191-30).
WHEREAS, the City of San Bernardino owns real property situated
in the City of San Bernardino, County of San Bernardino located at
Pedley Road between 6th Street and 9th Street and utilized for the
City of San Bernardino Community Garden; and
WHEREAS, San Bernardino Valley Municipal Water District
(SBVMWD) has recently constructed the Baseline Feeder South Pipeline
within close proximity to said property and proposes to use the
property to allow for proper maintenance of the pipeline.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: That the City of San Bernardino, a Municipal
Corporation, does hereby approve an Easement Agreement for
maintenance purposes to San Bernardino Valley Municipal Water
District, as described in the Easement Agreement. The Easement
Agreement is set forth in Exhibit 1 attached hereto and by this
reference made a part hereof. Reference APN 278-191-30.
SECTION TWO: That the Mayor and City Clerk of the City of San
Bernardino are hereby authorized and directed to execute said
Easement Deed and Agreement on behalf of the City of San Bernardino.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT FOR THE BASELINE FEEDER SOUTH PIPELINE ON
PROPERTY LOCATED ON PEDLEY ROAD BETWEEN 6T" STREET AND 9T" STREET, SAN
BERNARDINO, CA (APN 278-191-30).
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Co uncil of the City of San Bernardino at a
meeting thereof, held on the day of
2007, by the following vote to wit:
COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
(JOHNSON
IMCCAMMACK
RACHEL CLARK, City C er
The foregoing resolution is hereby approved this day of
2007.
PATRICK J. MORRIS, Mayor
City of San Bernardino
APPROVED AS TO FORM:
By:
City Attorney
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
San Bernardino Valley Municipal Water District
1350 So. "E" Street
San Bernardino, CA 92412-5906
Attn: Robert M. Tischer
APN 0278-191-30
NO FEE PER GOVT CODE § 6103 SPACE ABOVE LINE FOR RECORDER'S USE
EASEMENT AGREEMENT
(Water Facilities-Pipeline & Appurtenant Facilities)
This Easement Agreement ("Agreement") is executed this- day of , 2007,
by and between the City of San Bernardino, a municipal corporation ("Grantor") and San
Bernardino Valley Municipal Water District, a municipal water district ("Grantee"), who agree
as follows:
RECITALS
A. Grantor owns real property situated in the City of San Bernardino, County of San
Bernardino, State of Califonua north of 6`s Street and west of Pedley Road also known as
assessor's pazce10278-191-30 ("Grantor's Property").
B. Grantee is a municipal water district and transports water for various uses. To
accommodate the transportation of water, Grantee desires to build a 78-inch diameter water
transmission pipeline and appurtenant facilities within Grantor's Property.
C. Grantee desires to acquire certain rights in Grantor's Property for purposes of
constructing, maintaining, repairing, improving and operating the pipeline and appurtenant
facilities for the transportation and storage of water, as more fully described below, on the terms
and conditions of this Agreement.
GRANT OF NONEXCLUSIVE EASEMENT
1. Incorporation of Recitals. The recitals set forth above are hereby incorporated
herein by this reference.
2. Grant of Nonexclusive Easement. For valuable consideration, the receipt of
which is hereby acknowledged, Grantor hereby grants to Grantee an easement in gross
("Easement") as hereinafter described.
3. Location of Easement. The Easement granted herein is located as described on
Exhibit A attached hereto and by this reference made a part hereof ("Easement Area").
4. Description of Easement. The Easement shall be nonexclusive and shall
commence upon execution of this Easement Agreement ("Commencement Date"). The
Easement shall be used by Grantee as follows:
Project name: Baseline Feeder Extension South Pipeline
APN: 0278-19I-30
A. An easement over, under, across, and through the Easement Area. The
grant includes the right to construct, lay, operate, patrol, maintain, repair, reconstruct, modify,
alter, enlazge, add to, relay, remove, and replace subsurface pipeline, together with all fixtures,
electrical facilities, communications, data or control facilities, and any other devices or
appurtenances, either above or below the ground surface, used or useful with respect to the
pipeline that Grantee may wish to construct or permit to be constructed.
B. The limited right of access over, ingress to and egress from and along the
Easement Area and on, over, and across drives and roadways which now exist or which may
hereafter be constructed thereon and the use of which is reasonably necessary to accomplish
Grantee's purposes.
5. Grantor's Use of the Easement. While the Easement granted pursuant to this
Agreement is non-exclusive, it is expressly understood and agreed that Grantor and its successors
or assigns, do not have the right to use the Easement that in a manner is inconsistent with the
uses granted to Grantee under this Agreement. Grantor understands and acknowledges that
access to Grantee's pipeline is critical and that the pipeline shall be constructed with specific
load capacity requirements and that uses inconsistent with Grantee's use of the Easement Area
could have a material adverse impact on Grantee's use of the Easement.
A. Inconsistent uses include, but are not limited to, the following:
(1) Erection or construction of buildings or other structures;
(2) Drilling or excavation;
(3) Borings;
(4) Operation of mines;
(5) Use of explosives;
(6) Planting of trees;
B. It is expressly understood and agreed that Grantor and its successors or
assigns, do not have the right, without the prior written consent of Grantee, which consent shall
not be unreasonably withheld, conditioned or delayed, to make any use of the Easement Area
that would encroach on the uses granted to Grantee under this Agreement. Uses of the Easement
Area requiring Grantee's consent include, but are not limited to, the following:
(1) Alteration of the ground surface elevation by more than twelve
(12) inches.
C. Grantor retains the right to:
(1) Operate, construct, reconstruct, maintain, inspect, repair, replace,
relocate and remove both existing and future improvements to the areas within the Easement
Area that do not conflict with Paragraphs SA and/or SB above;
(2) Construct, reconstruct, maintain, operate, inspect, repair, replace,
relocate, and remove both existing and future infrastructure, provided that such infrastructure
does not conflict with Paragraphs SA and/or SB above and does not require the relocation of any
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Project name: Baseline Feeder Ex6msion South Piveline
APN: 0278-191-30
of Grantor's major underground facilities or hinder the construction, laying, operation, patrol,
maintenance, repair, reconstruction, modification, alteration, enlargement, addition, relay,
removal, and replacement of Grantee's pipeline; and
(3) Require Grantee, at the Grantor's expense, to remove and relocate
all improvements placed by the Grantee upon said real property, upon the reasonable
determination by Grantor that Grantee's improvements will interfere with future development of
Grantor's property. Within one hundred eighty (180) days after Grantor's written notice and
demand for removal and relocation of the improvements, Grantee shall remove and relocate the
improvements to a feasible location on the property of Grantor, as reasonably designated by
Grantor, and Grantor shall furnish Grantee with an easement for the new location, on the terms
and conditions as stated in this Agreement, all without cost to Grantee, and Grantee thereupon
shall reconvey to Grantor the easement herein granted.
D. It is expressly understood and agreed that Grantor, and its successors or
assigns, do not have the right, without prior written approval of Grantee, to grant any easement
or license, or permit any encroachment of any kind whatsoever in or over the Easement Area,
excluding any existing easement, license, or permit in existence as of the date of this non-
exclusive easement is granted. Grantee shall not unreasonably withhold its consent under
Paragraph SB above, or approval under this Paragraph SD, so ]ong as any proposed activity,
construction, or improvement is designed in accordance with generally accepted engineering
principles and practices for the protection of Grutee's facilities and Grantee's rights as granted
herein.
E. Grantor, its successors or assigns, retain all aspects of fee ownership and the
right to make all uses of the Easement Area, including, but not limited to, access, ingress, and
egress over, through, and across the Easement Area and to and from adjoining parcels, that do
not unreasonably interfere with Grantee's rights as described in this Agreement.
6. Restoration. Grantee agrees that it shall repiace any existing, or future
improvements installed in accordance with this Agreement that may be damaged during
construction, operation or repair of Grantee's pipeline.
7. Compliance. Grantee, at Grantee's sole cost, shall be responsible for compliance
with all federal, state and local laws, ordinances, rules and regulations ("Laws") now and in the
future applicable to the use, installation, maintenance and repairs of Grantee's pipeline and
appurtenant facilities.
8. Grantee's Indemnity Obligation. Grantee agrees to indemnify, defend and hold
harmless Grantor, and its employees, agents, and affiliated entities from all claims, causes of
actions, damages, costs (including the cost of investigators, consultants and attorneys selected by
Grantor) or detriment of any nature whatsoever to Grantor, or the Property, arising from or
related to Grantee's use of the Easement Area, and the construction, operation, maintenance or
repay of the pipeline and appurtenant facilities, including without limitation, claims for personal
injury and property damage, equitable remedies (including injunctive relief) of any nature
whatsoever; provided, however, Grantee's indemnity obligations under this Paragraph 8 shall not
apply to claims, causes of action, costs or detriment caused by the sole active negligence or
intentional acts of Grantor.
_~
Project name: Baseline Feeder Extension South Rpeline
APN: 0278491-30
9. Grantor's Indemnity. Grantor agrees to indemnify, defend and hold harmess
Grantee and its employees, agents and affiliated entities from all claims, causes of actions,
damages, costs (including the cost of investigators, consultants and attorneys selected by
Grantee) or detriment of any nature whatsoever to Grantee arising from Grantor's activities on
the Property, including without limitation, claims for personal injury and property damage,
equitable remedies (including injunctive relief) of any nature whatsoever; provided, however,
Grantor's indemnity obligations under this Paragraph 9 shall not apply to claims, causes of
action, costs or detriment caused by the sole active negligence of intentional acts of Grantee.
10. Entire Agreement; Binding Effect; Amendments. Tlus Agreement: (a) is intended
by Grantor and Grantee as a final expression and complete and exclusive statement of their
agreement with respect to the terms included herein, and any prior or contemporaneous
agreements or understandings, oral or written, which may contradict, explain or supplement
these terms are superseded and shall not be admissible or effective for any purposes; (b) shall be
binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns;
and (c) may not be amended or modified except by a written agreement executed by Grantor and
Grantee.
11. Attomevs' Fees. In any action between Grantor and Grantee arising from or
related to this Agreement, the prevailing party shall be entitled to recover from the other party, in
addition to damages, injunctive or other relief, if any, all costs and expenses, reasonably incurred
at, before and after trial or on appeal, or in any bankruptcy proceeding, including without
limitation, attorneys' fees, witnesses' fees (expert and otherwise), deposition costs, copying
charges and other expenses. The costs, salary and expenses of the City Attorney and members of
his office, in connection with that action, shall be considered as attorney's fees for the purposes
of this Agreement.
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Project name: Baseline Feedec Extension South Pipeline
APN: 0278-19130
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date first above written.
GRANTOR:
City of San Bemazdino, a California municipal
corporation
as to Form:
F. Penman
Attorney
GRANTEE:
San Bemazdino Valley Municipal Water District, a
municipal water district
By:
_~
Project name: Baseline Feeder Extension South PipeBne
APN: 027&19130
STATE OF CALIFORNIA
ss.
COUNTY OF
On _, 2007, before me, ,personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
STATE OF CALIFORNIA
ss.
COUNTY OF
On _, 2007, before me, ,personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
-6-
Project name: Baseline Feeder Extension South Pipeline
APN: 0278-191-30
STATE OF CALIFORNIA
ss.
COUNTY OF
On _, 2007, before me, ,personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names aze subscribed to the within instrument,
and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument the persons, or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
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Project name: Baseline Feeder Extension South Piceline
APN: 0278-191-30
EXHIBIT "A"
EASEMENT AREA
KRIEGER Cf V'I'EWACZ.T
EXHIBIT "A"
APN 0278-191-30
PIPELINE EASEMENT
That portion of Lot 4 in Block 43 of Rancho San Bernardino, as shown by Map on file in Book 7 of Maps
at Page 2 thereof, records of San Bernardino County, California, being more particularly described as
follows:
BEGINNING at the northeasterly corner of said Lot 4, said corner being on the westerly
right-of--way line of Pedley Road (30 feet wide);
Thence South 00°14'12" East, along the easterly line of said Lot 4 and said westerly
right-of--way line, a distance of 972.40 feet to the northerly right-of--way line of Sixth
Street (41.25 foot half width);
Thence South 89°36'44" West, along said northerly right-of--way line, a distance of 72.00
feet;
Thence North 35°27'56" East, departing said northerly right-of--way line, a distance of
80.54 feet to a line parallel with and distant 25.00 feet westerly as measured at right
angles to said westerly right-of--way line of Pedley Road (30 feet wide);
Thence North 00°14'12" West, along said parallel line, a distance of 907.19 feet to the
northerly line of said Lot 4;
Thence North 89°45'48" East, along said northerly line, a distance of 25.00 feet to the
POINT OF BEGINNING.
Contains 0.5933 acres, more or less.
See Exhibit'B' attached hereto and made a part hereof.
L~^~ 7
F ERICK A. ELLIOTT P.L.S. 4741
EXPIItES: 09/30/2007
MWE/Igm
LEGAU634-4C (g/gB006)
Page 1 of I
J r ~ ~ P.O.B.
S 89'45'48° W
25.00'
NORTHERLY LINE
OF LOT 4
30'
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'36'44"E
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SCALE: 1 =1
This Plat is Solely an Aid in Locating .the Parcel(s) Described in the Attoched Document.
P'REPARFD eY: CPTY OF SAN BBRNARDDiO Vlil$Y YONICIPAL IIATRR DISTRICT EXHIBIT
I e~c~ SOUTH PIPELINE
BASELINE FEEDER EXTENSION
, j~
'~'~T '»°°"'°"""° PIPELINE EASEMENT fi
3607 Unn°eily M..• Airemide, G. 97501 •909-681-6900 A.P.N. 0278-191-30 1J
yon: 1'-100' DATE: ~ ~ DARN HY:1~ CHECKED BY:FAE 1r.0.: 894-4 ~T 1 OP 1
VICINITY MAP
..~
BASELINE FEEDER EXTENSION, SOUTH PIPELINE
~ti ~ L~„~ PIPELINE EASEMENT
A.P.N. 0278-19130
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