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Home My WebLink About10254 v ;4,... ~ ';"! . d: -- tr'= .':'~ ~:~ D " . .' ~_., "'" ','J.\'I' l' '.~ c ~ - I .: 1_' RESOLUTION NO.,I ()~I . . .e1Ll E G .JFOW. H. City Clerk ..~,j....C:~ "';..~~ A RESOLUTION OF THE HON. MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN BERNARDINO ACCEPTING AN EASEMENT FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE CITY OF SAN BERNARDINO 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 enter into and accept an easement from the Redevelopment Agency of the City of San Bernar- dino for the purpose of constructing, laying, maintaining, operating, using, altering, repairing, inspecting and relocating therein and thereupon and/or removing therefrom water mains, pipe line or lines with any and all con- nections and devices necessary thereto, for the transportation, distribu- tion, sale and/or supply of water in connection with its business as a public water utility and for all necessary purposes in connection therewith. That the Mayor of the City of San Bernardino is hereby authorized to execute said easement on behalf of said City of San Bernardino, and that the real property therein described be and the same is hereby dedicated for Water Department use. BE IT FURTHER RESOLVED that a copy of this resolution be attached to said instrument, and that the same be recorded in the office of the County Recorder of San Bernardino County. to-wit: I HEREBY CERTIFY that the Mayor and held on the / /1-/9,ay of The foregoing resolution is ;7' V ABSENT: . 7tH ~ ./ ~'I.~'d ,-~.AA':/Y7 d__ .--" ~ City c'le,r hereby approved this ,pI-~, day of NOES: , 1970. Mayor/of the City Pro Tempore ," . . -- CITY 8lLS!f!:::3S: F;~::::E After recording return to: Redevelopment Agency of the City of San Bernardino P. O. Box 392 San Bernardino, California , . This i!'> ~Q c;:,Vy 1'--:' t ,; c~'~'{~-!'!! is prO!" sent0r:1 !i'; r T.:';..r; !, i 'y r ~:' . i';.l c p:~~.;" Age:liCY of L'lE ~':~:. ,: ir.:, ....if. ami!!, unjcr Co... '''::I..;~.. OF EASE/lENT tered into this L day of ~ e Redevelopment Agency of the City of San Bernardino, California, a public body, corporate and politic, hereinafter referred to as the Grantor, and the CITY OF SAN BERNARDIrlO, a 11uni ci pa 1 Corporati on, acting by and ~hrough its BOARD OF HATER CDr1t1ISSIOrlERS, hereinafter referred to as the Grantee, WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar ($1.00) in hand paid by the Grantee and other valuable considera- ti on, recei pt ~thereof is hereby acknOl,t1edged, hereby grants unto the Grantee, its successors and assigns forever, for the purposes hereinafter set forth and for such purposes only, non exclusive easements and rights of way under and across the lands of the Grantor situated in the City of San Bernardino, County of San Bernardino, State of California, such easements and rights of way being described in Exhibit "A" attached hereto anCl made a part hereof. The easement~ and rights of way herein described shall be used by the Grantee for the purpose of constructing, laying, maintaining, operating, using, altering repairing, inspecting and relocating therein and thereupon and/or removing therefrom water mains, pipe line or lines with any and all connections and devices necessary thereto, for the transportation, distri- bution, sale and/or supply of water in connection with its business as a public water utility and for all necessary purposes in connection therewith. No structure shall be maintained by the Grantee upon the surface of the ground. Grantor retains the right to use the surface areas and the non exclu- sive right to use the subsurface areas of the easement and right of way in any manner not inconsistent with the easement rights herein granted, pro- vided, however, that if the Grantor should require the Grantee to change r---- ~ . . . . or relocate the Grantee's water lines or systems or any equipment inci- dental thereto, the cost of such change or relocation shall be borne by the Grantor or such other person as may require such change or relocation, provided said Grantor shall first furnish the Grantee with a good and sufficient permanent grant of easement in form satisfactory to the Grantee, for said water system in such ne\~ location. Grantee accepts the easement and ri ght of way with the knowledge that Grantor fntends to. improve the ground areas of the easement herein granted and to use the same for motor vehicle parking and other purposes. In making any installation or in the performance of any work, Grantee shall adequately protect its installation against such use. The Grantee, by the acceptance of this instrument, agrees to hold the Grantor harmless from and against any and all loss, damage and/or liability resulting from the sole negligence of the Grantee in the construction, operation and/or maintenance of said water line on and over the above described property. In its use of the easement and right of way herein granted, Grantee shall not permit any claim, lien or other encumbrance arising from such use, to accrue against or attach to said easement or right of way or the interest of Grantor in the lands over or under which this easement is granted. The Grantee, its employees, contractors and agents, shall have free access to said water system and all portions thereof at all reasonable times and at any time when necessary for the purpose of exercising the rights herein granted and shall have the right to trim or cut the roots of such trees, shrubs or plants as, in the opinion of Grantee, may en- danger or interfere with said water system, provided, ho.'/ever, that in making any excavati ons on any part of sai d property the Grantee, its employees, contractors and agents, shall make such excavations in a manner as will cause no unreasonable damage to the surface of the earth r- - . - . . . l.. around said excavation and shall replace the earth so removed and restore the surface of the ground as near as practicable to the condition it lias pri or to such excavati on. For the purpose of access and maintenance, sai d water system is intended to include those vaults and appurtenances that are attached to or inclosed within buildings, and the vents and ducts lo- cated outside of the easement area, all of which are considered to be a part of said water system. In witness whereof, the Agency has caused this easement to be duly executed in its behalf and its seal to be hereunto affixed and attested on or as the day and year first above written. REDEVELopr1ENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA Approved as to legal form and adequacy: ,,~-'/~~ 'f''tu''ce D. Varner Agency Counsel F' ..._._._.~,'!l"l";~.~ . . ... STATE OF CALI FORNIA ) ) ss COUNTY OF S~~ BERNARDINO ) On /~;: /;:7cJ , befo.re rre, a No.tary Public, in and fer said Co.unty and State, perso.nally appeared A. r.1. Austin and . P. W. Quinn, Jr. ,.knOlm to. me to. be the Chairman and the Secretary, re- spectively, o.f The Redevelo.pment Agency o.f the City o.f San Bernardino., Califo.rnia, which executed the within instrurrent and also. kn0l1n to. me to. be the perso.ns who. executed it en behalf o.f The Redevelo.pmentAgency o.f the City o.f San Bernardino., Califo.rnia, and ackno.wledged to. me that The Redevelo.pment Agency o.f the City o.f San Bernardino., Califo.rnia, executed the same. -"--"'- ----) ~/ .>':;: / / \ ' /" ....../1/ \ ' ~'-( i ..-;- " i_' r-)~)V-d:"'~.c-~ No.tary rublic)n and far said --- Co.unty and State ~~~':::::~..::.-_::c:.::~..:d:;;.~~~.~_._-.......~ t5;-:-:~~ !::LJGAR J. S~..1iTH ";:")~"y, r.OTARY PUBLIC Ii>.>,!:) SAN Si:P.NA;,OINO COUNTY ,.. /.::;.1 CALIFORNIA ~'---'------ My Cot7:m:s:icn Expires Sept. 17, 1973 ~';:;;~'rrv~ " , ._.._.3'_~'"l' ; . .......- . -..',..... ' Arrow'~~.~'~~"J- = ,"~~": . (Jh~2-0!ur,,('- , ,U 0 ~,'; CO....Oll....TION ., PLANNING . CIVIL ENGINEERING . SUnVr;YINO 1590 F STREET. P.O. [lOX GOO SANDERNARDINO, CALIF. 92':02 TEU!.PHOrn: (714) 6B9.3G74 February 19, 1970 LEGAL DESCRIPTION FOR TH\~ ReDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO WATER DEPARTMENT EASEMENT FOR MALL UTILITIES CENTRAL CITY PRqJECT AREA NO.1, CALIFORNIA R-79 PARCEL NO. 1 All that real proper'ty in the City of San Bernardino, County of San Bernardino, State of California, described as: Tnat portion of Blocks 10, 11, 12, 21 and 22, CITY OF SAN BERNARDINO, as per Map recorded in Book 7, page 1 of Maps in the Office of the Recorder of salei County, and that portion of "F''', "G" and "3rd" Streets as vacated by sa;d City of San Bernardino per Resolution No. 9574, recorded December 19, 1968 in Book 7150, page 926, and Resolution No. 9351, recorded August 20, 1968 in Book 7D80,page 517, Official Records of said County, described as follows: Beginning at a point on the East line of said Block 12 that is South 0.02' 2 5" East 330.03 feet from the Northeast corner of sa id Block 12; thence -North 89057'05" West 275.26 feet; thence North 0002'55" East 204.94 feet; thence North 89057'05" West 10.00 feet; thence South 0002'55". West 60.67 feet; thence North 89057'05" West 3.68.51 feet; thence North 0027' 38" West 50.67 fee.t; thence South 89057'05" East 194.96 feet; thence North 0002'55" East 10.00 feet; thence North 89057'05" West 390,00 feet; thence South 0002'55" West 10.00 feet; thence South 89057' 05" East 185.04 feet; thence South 0027 '38" East 50.67 feet; thence North 89057'05" West 631'.57 feet; thence North 0002'55" East 452.00 feet; thence South 89057'05" East 524.02 feet; thence North 0002'55" East 218.00feet; thence South 89057'05" East 285.07 feet; thence South 0002'55" West 255.50 feet; thence South 89057'05" East 372.65 feet to the Westerly boundary of that certain parcel described below as "Andreson Building Exhibit '''A'' -....-~,-""~.,."--._~. >!t"~"'~":~.><r" ,~~...~ j.. . . ....., . ,. .:. REDEVELOPMENT AGENCY MALL UTII.ITlES Arrovv~~ea~l~. . ute.eJUlllJ- . "...'-'TlO", Page 2 Parcel"; thence North 340] 7'] 0" West along said Westerly boundary 2.15 feet to the North line of said parcel; thence North 89051'23" East along sa id North line ] 13.85 feet to the East line of sa id Block 21; thence North 0004'20" West along said East line of Block 21. a distance of 25.00 feet to a point that is South 0004'20" East 423.92 feet .from the Northeast corner of said Block 21; thence North 89057'05" West 79.15 feet to a point hereinafter referred to as Point "A"; thence South 88008'56" West 16.34 feet; thence North 0002'55" East 103.31 feet to a line that bears North 89057'05" West from a point on said East line of Block 21 that is South 0004'20" East 321.15 feet from said Northeast Corner of Block 21; thence South 89057'05" East 95.'26feet to said East line; thence North 0004'20" West along said East line 15.00 feet; thence North 89057'05" West 110.23 feet; thence South 0002'55" West 118.81 feet to a line that bears South 88008'56" West fromthe C1bove described Point "A"; thence 'South 88008'56" West 33.69 feet; thence North 89057'05" West 306.08 feet; thence North 44057'05" West 21.21 feet; thence ,North 0002'55" East 245.50 feet; thence North 89057' 05" West 335.07 feet; thence South 0002:55" West 203.00 feet; thence North 89057'05" West 494.02 feet; thence North 0002'55" East 344.83 feet to the South line of "4th" Street as described in that certain deed to the City of San Bernaiaino recorded July 17. 1969 in Book 72 69. page ,835. Official Records of said County; thence North 89054'34" West along said South line 24.98 feet; thence continuing along said South line North 89058' 00" West 30.02 feet; thence ~.< ::: . , i: South 0002'55" West 389.84 feet; thence South 89057'05" East 31.00 feet; thence ,South 0002'55" West 452.00 feet; thence North 89057'05" West 151.84 feet to the Easterly line of the "G" to "H" connector street as described in said deed to the City of San Bernardino; thence South46012'OO" East along said Easterly line 43.38 , feet; thence South 89057'05;' East 120.50 feet; thenceBOlith 0002'55" West 137.44 feet to said Easterly line of the "G" to "H" connector street; thence, Southeasterly along sa id Easterly line and along a non-tangent curve concave Southwesterly with a radius of 345.00 feet from an initial tangent bearing South 28042'29" East and through a central angle of 9053'01" a distance of 59.51 feet; thence North 0002'55" East 191.82 feet; thence South 89057'05" East 339.08 feet; thence South 0002'55" West 132. 18 feet; thence Squth 47000'00" East 335.86 feet to a line parallel with and distant 19.75 feet , , i. : '~""'ll.',!"~,,,~,,~.~~,;;~,,,,~,,,,,"~,',:.;,~~,;~,,,,,,';o,.-t'!',.,......_..,.;,... . . . , . ." i ,. REDEVEI.OPMr:NT AGENCY MALL UTILlTIE:S ArroVl~. e at!r;..,. . " C,.tl~lItWUlI~ Page 3 ""'.'."'TIO" Northerly, measured at right angles. from the South line of said Block II; thence North 89055'08" East along said parallel line 14.64 feet; thence North 47000'00" West 342.20 feet; thence North 0002'55" East 127.82 feet; thence South 89057'05" East 282.76 feet; thence South 0"27'38'. East 360.92 feet to said paralIelline; thence North 89055'08" East along said paralIelline 10.00 feet; thence North 0027'38" West 360.90 feet; thence South 89057'05" East 348.24 feet; thence South 0"02'55" West 156.27 feet; thence . South 89057'05" East 305.32 feet to said East line of Block 12; thence North 0"02'25" West 42.00 feet to the Point of Beginning. ANDRES ON BUILDING PARCEL: Beginning at a point on the East line of said Block 21 that is North 0004'20" West 148.41 feet from the Southeast corner of said Block 21; thence South 0004'20" East 148.41 feet to said Southeast corner; thence North 89057'05" West along the South lirie of said Block 21, a distance of 98.6.0 feet; thence North 0011'09" West 126.00 feet; thence North 34017'10" West 26.67 feet to a line that bears South 89051'23" West from the Point of Beginning; thence North 89051'23" East 113.85 feet to the Point of Beginning. PARCEL NO.2 Commencing at the Easterly terminus of the above described course" recited as "North 89057'05" West 306.08 feet"; thence North 89057'05" West 63.50 feet to the TRUE POINT OF BEGINNING; thence continuing North 89057'05" West 140.50 feet; thence North 0002'55" East 30.-54 feet; thence-South 89057'05" East 140.50 feet; thence South 0002'55" West 30.54 feet to the TRUE POINT OF BEGINNING. : - ~..._._---_._._--.~=""-."-........- -_._... I "' .. 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