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Home My WebLink About2006-422 ---------- , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2006-422 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ~ EASEMENT TO THE CITY OF COLTON FOR GROUNDWATER WELL CONSTRUCTION AND MONITORING PURPOSES ACROSS CITY OWNED PROPERTY LOCATED AT 2737 W. 2ND STREET (NICHOLSON 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, an easement document to the City of Colton for groundwater well construction and monitoring purposes across City owned property located at 2737 W. 2nd Street (Nicholson Park), more specifically described in said easement document, a copy of which is attached hereto as Exhibit "I" and made a part hereof. //1 /1/ 11109/06 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2006-422 1 2 3 4 5 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EASEMENT TO THE CITY OF COLTON FOR GROUNDWATER WELL CONSTRUCTION AND MONITORING PURPOSES ACROSS CITY OWNED PROPERTY LOCATED AT 2737 W. 2ND STREET (NICHOLSON PARK). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ioiot regular meeting thereof 7 held on the 4th day of December 8 Council Members: AYES , 20~, by the following vote, to wit: ABSTAIN ABSENT NAYS ESTRADA x BAXTER x X BRINKER DERRY X KELLEY X JOHNSON X X MCCAMMACK ~ f. 4J;J ~,~ City Clerk ' ' " ~'1'~ The foregoing resolution is hereby approved this ~_ day of December ,20~ Approved as to form: .r;, ES F, PENMAN ty Attorney 11/09/06 2 REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Rernardino. C A 924] 8 APN: 0142-051-13 SPACE ABOVE FOR RECORDER'S USE EASEMENT CITY OF SAN BERNARDINO, a municipal corporation FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to the CITY OF COLTON, a municipal corporation, A TEMPORARY EASEMENT FOR A GROUNDWATER MONITORING WELL AND APPURTENANT FACILITIES 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 AND INCORPORATED HEREIN AS EXHIBIT "A" SAID EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS ATTACHED AND INCORPORATED HEREIN AS EXIDBIT "B" DATE: December 7, 2006 ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF San Bernardino December 7, 2006 David M. Gutierrez personally appeared Patrick J. Morris before me, On personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(x) whose name(~ is/Jl'JX subscribed to the within instrument and acknowledged to me that he~kt>>x executed the same in his/g~ capacity~), and that by hislilria- signaturcoo on the instrument the person(X), or the entity on behalf of which the person();} acted, executed the instrument. WITNESS ,mY hand am! official se~I. - /0',--//'1. .;_~ ", , (I? ) /- ,,-, ,,-~_ ,_" _ "O( . ,. \._....- - , 0 "-i.~/ Signature Location: S/W CORNER OF NICHOLSON PARK 2737 W. 2'D STREET File No.: 15,02B-02 EXHIBIT "A" LEGAL DESCRIPTION (MONITORING WELL AND TEMPORARY EASEMENTS) THOSE PORTIONS OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, OF THE MAP OF THE TOWN OF RIAL TO AND ADJOINING SUBDIVISION, AS PER MAP RECORDED JUNE 22, 1887 IN BOOK 4 OF MAPS, PAGE 11, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: TEMPORARY MONITORING WELL EASEMENT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SECOND STREET; THENCE NORTHERL Y ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO THE NORTH LINE OF SECOND STREET, AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 7118, PAGE 108 OF OFFICIAL RECORDS, OF THE SAID COUNTY RECORDER; THENCE EASTERL Y ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 80 FEET; THENCE NORTHERL Y, PARALLEL TO THE WEST LINE OF SAID EAST ONE-HALF OF LOT 78, A DISTANCE OF 30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 30 FEET; THENCE EASTERL Y, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET; THENCE SOUTHERL Y, PARALLEL TO SAID WEST LINE, A DISTANCE OF 30 FEET; THENCE WESTERL Y, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 40 FEET, TO THE TRUE POINT OF BEGINNING. TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT: COMMENCING AT SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERL Y ALONG SAID WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERL Y ALONG SAID WEST LINE, A DISTANCE OF 60 FEET; THENCE EASTERL Y, PARALLEL TO SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET; THENCE SOUTHERL Y, PARALLEL TO SAID WEST LINE, A DISTANCE OF 60 FEET, TO A POINT ON SAID NORTH LINE OF SECOND STREET; THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 120 FEET, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL EASEMENT SET FORTH ABOVE. TEMPORARY NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION PURPOSES: COMMENCING A T SAID SOUTHWEST CORNER OF SAID EAST ONE-HALF OF LOT 78, SAID POINT ALSO BEING THE CENTERLINE OF SAID SECOND STREET; THENCE NORTHERL Y ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF LOT 78, TO SAID NORTH LINE OF SECOND STREET, POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERL Y ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERL Y ALONG A STRAIGHT LINE, A DISTANCE OF 245 FEET TO A POINT 218 FEET SOUTH OF AND 110 FEET EAST OF SAID NORTHWEST CORNER OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF LOT 78; THENCE SOUTHEASTERL Y ALONG A STRAIGHT LINE, A DISTANCE OF 195 FEET, MORE OR LESS, TO A POINT ON SAID NORTH LINE OF SECOND STREET AND A DISTANCE OF 284 FEET FROM SAID WEST LINE OF EAST ONE-HALF OF LOT 78; THENCE WESTERLY ALONG SAID NORTH LINE OF SECOND STREET, A DISTANCE OF 284 FEET, TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE TEMPORARY MONITORING WELL AND TEMPORARY ACCESS EASEMENTS SET FORTH ABOVE. 2 '. EXHIBIT "B" CONDITIONS 1. Said temporary monitoring well easement and temporary access easement shall be for a period of five (5) years from the date of recordation of this document. 2. Said temporary construction easement shall be for a period not to exceed sixty (60) days from the date of recordation ofthis document. 3. Upon termination of the easements set forth above, Grantee shall restore the premises to its previous grade and condition including removal of all appurtenances installed by Grantee, within sixty (60) days, to the satisfaction of the Grantor. 4. Grantor reserves the right to use said real property in any manner provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. Grantor reserves the right to require Grantee to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same 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, all without cost to Grantor, to a feasible location on the property of Grantor, as designated by Grantor. provided that Grantor shall grant Grantee with an easement in such new location, on the same terms and conditions as herein stated, and Grantee thereupon shall reconvey to Grantor the easement herein granted. 6. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. 7. During the entire term of this easement, Grantee shall maintain comprehensive public, general and automobile liability insurance in the amount of $1,000,000 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this easement. The policies shall name the Grantor, and its officials, officers, employees and agents, as an additional insured and shall provide for thirty (30) days written notice to Grantor prior to the termination or alteration of said policies. Grantee shall provide Worker's Compensation Insurance coverage in the amounts required by law. 8. Grantee shall indemnify, defend and hold harmless Grantor, and its officials, officers. employees and agents from any and all claims, liabilities, causes of action, expenses, including attorney's fees, damages to property, injuries to or death of any person or 10f2 " persons, and damages of any nature, including but not limited to workers' compensation claims, arising out of or in any way connected to this easement or to the actions, errors or omissions of Grantee, or its officials, officers, employees, agents, or contractors, on or related to the property which is subject to this easement. 9. Acceptance of this easement by Grantee shall constitute Grantee's agreement to the conditions set forth herein. 20f2