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HomeMy WebLinkAbout10261 .. 24 25 26 27 28 29 30 31 32 15.0545 ~ . . FILED MAY 1 2 1970 1 :,E"AUTIOI': NJ. / !Jc2(, / , LUCII.I,E GOFORTH, City Clerk ,~/./ I lST~,.:.t1d;"frt~~~;;;;.i.:~'\...IttuT1 2 A ;fE.iJLUTl.Hi 'JF nlE I1AYJR !\riiJ CQ,1HJN CJUNC I L JF THE CITY OF SAt< 3ER- NIIRDINJ AUTHORIZING THE EXECUTION Or II GRI,I\T OF EASE..DiT TJ THE CITY J.e RI VER- 3 SIDE,!\ 11UNICIP!\L ClRo:}iV\TlJN, OV,R OR)F:~TY Y.INEiJ B: T.iE CITY )7 SA;, 3'::%,',,,- OINO, UCATEO EAoT JF "E" STREET, S)JTi JF 3UO;) JANi, ROAJo 4 BE IT RES1LVED BY THE I1MJR ,';liJ CditlOI. CJUNCIL OF TilE CITY JF SAI, 5 BERNARDINO AS FJLLOWS: 61 SECTION 1. That the City of San 3ernardino does hereby execute a 7' Grant of Easement to the Ci ty of Riverside, a munici pal corpJration, for the 8 developnent of all of the underground water percolatin~, flowing, or impounded, 9 in or under the land herein conveyed together with the right to take and put to 10 a beneficial use the water herein granted under that certain real property 11 owned by the City of San Bernardino, located East of "E" Street, South of Blood 12 Bank Road. 13 SECTIJN 2. That a copy of said Grant of Easement is attached hereto, 14 marked Exhibit "A", and referred to and made a part hereof as fully as though 15 set forth at length herein. 16 17 18 19 20 21 22 23 SECTION 3. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute said grant of easement on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was duly adopted by San 6ernardino at the Mayor and Common Council of the City of 'lleeti ng thereof he ld on the / /U day of Jl:h (f AYES: Counci lrnen, a/'~k1 //I"/~k1 ~.21..-7A'.h:--) ~~~A<~~d/;,,:) d~7:( ,~/;:/A~ ~ms: ?k--n e .; ABSENT: 7L#-71~./ , 1970, by the following vote, to-wit: 7Jr(h'_ "'"": ': ,;::"""" ~. C. ,/~;iJ!p,~ Ciy Clerk . is hereby approved this ,~/ day of ',' ...,. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 . . 1 Approved as to for.-.,: 2 ,", 31 (~t~~ l~,/~ City Attirney 4 5 6 7 . ~,~_.,-... c ~ '- , , , , < ~ 1 '~ , c~ _~ ,::5' ( , . :28 29 '-.,I . . 1 E A S E MEN T 2 3 4 5 6 7 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, does hereby Grant to the CITY OF RIVERSIDE, a municipal corporation, hereinafter cal led "Grantee", an easement for the development of all of the underground water percolating, \' 8 9 10 11 12 13 14 15 16 17 flowing, or impounded, in or under the land herein conveyed to- gether with the right to take and put to a beneficial use the water herein granted and conveyed; and'said right to take and use said , water is the paramount right of use thereof, together with the right to drill, develop and operate water wel Is, and to construct and install appropriate equipment, facilities, buildings, and appurtenances for taking and conducting water on, in, and along the property herein described; and to operate, maintain, repair, replace, enlarge, or abandon in place such wells and instal lations, 18 19 20 21 22 23 and the right to replenish or increase the supply of water in and under the land described herein by the introducti~n of any water from any source which may be available to' the ,Grantee for that purpose, and to recover said water from wells located on sites which may now or hereafter be available for use by the Grantee for that purpose; provided that water must be introduced at places 24 25 26 27 remote from the land herein described, in, over, under and across the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of Lot 14, Block 54, Rancho San Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County, State of California, described as follows: 30 31 Commencing at a point on the South line of said Lot 14 which is East thereon a distance of 800.00 feet from the East I ine of "E" Street, 82.50 feet wide as conveyed to the County of San Bernardino by deed recorded May 23, 32 . . . Exhi bi t "A" ," 10 11 12 13 14 15 16 17 . . 1 1924 in Book 845 of Deeds, page 268, records of the County Recorder of said County; thence North along a line which is parallel with and 800.00 feet East of the East line of said "E" Street, a distance of 200.00 feet to the True Point of Beginning; thence continuing along said parallel line, a distance of 150.00 feet; thence East and paral lei with the South line of said Lot 14 to a point in a line which is parallel with and 25.00 feet Northwesterly of and measured at right angles to the Northwesterly I ine of Parcel No. 103 as contained in the Final Order of Condemnation recorded April 9, 1964 as Document No. 750 in Book 6125, page 436, Official Re- cords of said County; thence South 400 00' 43" East, a distance of 25.00 feet to said Northwesterly line; thence Southwesterly along said Northwesterly line to a point in a line which .is parallel with and 200.00 feet North- westerly of and measured at right angles to the South- easterly line of that cert.in'parcel of land conveyed to the City of San Bernardino by deed recorded May 16, 1958 as Document No. 146 in Book 4510, page 182, Official Records of said County; thence Southwesterly along said parallel line to a point in a I ine which is parallel with and 200.00 feet North of and measured at right angles to the South line of said City of San Bernardino property; thence West along said last mentioned paral leI line to the True Point of Beginning. 2 3 4 5 6 7 8 9 Said Easement is hereby made subject to the right of the City of San Bern.rdino to take and use the amount of water which 18 19 20 21 may be required for the reasonable exercise 'of the overlying land owner's right of use upon the land conveyed, upon the following conditions subsequent, to-wit: 22 23 (a) Water so taken ma~ be used only in the operation of the existing and proposed sewage disposal treatment plants located on 24 25 26 27 28 29 portions of Lots 14, 22 and 23 inBlock 54 of said Rancho San Bernardino, and as an overlying land use upon the land conveyed hereby. (b) The taking of water must not impair, diminish or inter- fere with the paramount right of use of water which is granted 30 31 and conveyed to the Grantee; or with the supply of water of the water well owned by the Grantee which is located near the north- 32 east corner of said Lot 23. -2- 3 4 5 6 7 8 9 10 11 . . . ,",., 1 The easement rights granted by this document are subject to 2 the conditions, restrictions, and reservations of record. DATED : ,7/7/ CITY OF SAN BERNARDINO, a municipal corporation ~~ /';/71) / ' Attest: . ~/b/~ City Cerk . "\ By Approved as to form this day of , 1970. .J 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN BERNARDINO) On , before me, a Notary Public in and for said County and State, personally appeared , known to me to be the Mayor of the City of San Bernardino, the municipal corporation that executed the within instrument and acknowledged to me that he executed the same on behalf of the municipal corporation, Notary Publ ic in and for said County and State -3- - - -~. _.~ ""~ "-~"'''~ ~ ,,-'-..... .. ."......._:~~:.--,---_, h.. . ' '-';,;. , , . ~. j I ~. ~ ,tv ( ~, f. ~.:~. - - -- - - - ;r:, f \~\ \\ \ ". . \ " :- '. " \\ , \ \ " --',~ - \ \ ..,:'- -.... - -".. ;r,..V -<=~ ...~ . . - .J , i , , , . ~ , , " ~../' lOT, I...~ 'f 23 I i' I " ,~ , '; 1 \) !.., \) , \) \) ~ ~ .\J ::, , ". ,D- C.' ."\ & ,,,""1 ," -{y- ot' ..... '. i~t. 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