HomeMy WebLinkAbout2007-074
1 RESOLUTION NO. 2007-74
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO SAN BERNARDINO VALLEY
3 MUNICIPAL WATER DISTRICT FOR THE BASELINE FEEDER SOUTH PIPELINE ON
PROPERTY LOCATED ON PEDLEY ROAD BETWEEN 6TH STREET AND 9TH STREET, SAN
4 BERNARDINO, CA (APN 278-191-30).
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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 I 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 6TH STREET AND 9TH STREET, SAN
BERNARDINO, CA (APN 278-191-30) .
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof,
held on the ....llh..- day of
ioint reRular
March
, 2007, by the following vote to wit:
7 COUNCIL MEMBERS
AYES
ABSENT
NAYS
ABSTAIN
8 ESTRADA
9 BAXTER
10 BRINKER
x
x
x
11 DERRY
x
12 KELLEY
13 JOHNSON
14 MCCAMMACK
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r1c"Ju.l ~
b (A RACHEL C~~~~IC:ty C erk
~ .)OCW101JvUlY~~ /
The foregoing resolution is hereby approved this <1 ~ day
M;:!Trh
, 2007.
S, Mayor
21 Ber ardino
22 APPROVED AS TO FORM:
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Recorded In Otllclal R.cords, COInly 01 San BernlHlao
't LARRY WALKER
-" Audllar/Conlroller - Recorder
ii. P Counter
Doelt: 2001- 0211132 Tilt,,: 1
~ \~lml\III\"'''''''\'11 ~~~
San Bernardino Valley Municipal Water District
1350 So. "En Street
San Bernardino, CA 92412-5906
Attn: Robert M. Tincher
APN 0271-191-30
NO FEE PEROOV'T CODE 16103
SPACE ABOVE LINE FOR RECORDER'S USE
I
EASEMENT AGREEMENT
(Water Facilities-Pipeline & Appurtenant Facilities)
This Easement Agreement ("Agreement") is executed this 5th day of March , 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 Califoroia north of f1l' Street and west of Pedley Road also known as
assessor's parcel 0278-191-30 ("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
transm;~'lionpipeline and appurtenant facilities within Grantor's Property.
C. Grantee desires to acquire certain rights in Grantor's Property for purposes of
constructing, maiDta;n;ng, 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
I. Incomoration 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. DescriDtion of F"''''ment. The Easement shall be nonexclusive and shall
commence upon execution of this Easement Agreement ("Commeneement Date"). The
Easement shall be used by Grantee as follows:
2007-74
4105/2007
2:51 PM
RD
Plaes: 13
e.ee
e.ee
0.00
se.ee
.
Project name: RA._liftP ~_ RYMnai.- South Pi'Deline
APN: 0271-191-30
A. An easement over, Wlder, across, and through the Easement Area. The
grant includes the right to construct, lay, operate, patrol, maintain, repair, reconstruct, modify,
alter, enlarge, add to, relay, remove, and replace subsurface pipeline, together with all fixtures,
electrical fiJcilities, communications, data or control fiJcilities, and any other devices or
appurtenances, either above or below the ground surfiJce, 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
Eeoement Area and on, over, and across drives and roadways which now exist or which may
bcmlftcr be constructed thereon and the use of which is reasouably neceuery to aa:omplish
Grantee's purposes.
5. Gl'llnh...'s Use of the Jl.A~_ Wbilc the Easement ata4tlCd pursumt to this
Agreement is non-exclusive, it is expressly understood and agreed that Grantor and its successors
or .-lIP'''' do not have the right to use the Easement that in a manner is inconsistent with the
uses paukod to Grantee under this Agtecmcnt. Grantor wtderstands and acknowledges that
access to Grantee's pipeline is critical and that the pipeline sball be constructed with specific
load capaci1;y requirements and that uses incousistent with 01~'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:
(I) Ercetion or construetion ofbui'lIi'lJll or other atructuIcs;
(2) Drilling or excavation;
(3) BoriDp;
(4) Operation of mines;
(5) Use of explosives;
(6) Planting of trees;
B. It is ~.....Iy UDderstood and agreed that Grantor and its SlICe V I"lOI'J or
.....;lV"'> do not have the right, without the prior written consent of Grantee, which consent sball
not be uurea.""tllIbly withheld, conditioned or delayed, to make any use of the Jl.~ Area
that would ClIOrollch on the uses arantcd to Omnlee under this Aareement. Uses of the flfI'~
Area requiring Grantee's consent include, but are not 1imited to, the followina:
(I) Al1mItion of the around surface elevation by more than twelve
(12) inches.
c. Grantor retains the riPt to:
(1) Operate, construct, IIlCOIISllUCt, mainIRin, inspect, replIir, replace,
relocate and remove both existing and future impro~ to the areas within the ~~ent
Area that do not conflict with PamIrapbs SA llIIdIor SB above;
(2) Construct, reconstruct, m"infllin, operate, inspect, repair, replace,
relocate, and remove both existing and future infnIstructure, provided that such iufrastrw:ture
does not conflict withParaaraphs SA lIDdIor SB above and does not require the relocation of any
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Prcjectname: Ra_u..... ~- Extension South Pioeline
APN: 027&-191-30
of Grantor's major underground facilities or hinder the construction, laYing, operation, patrol,
mAintf!nsm('.e, 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 impro""",- will interfere with future development of
Grantor's property. Within one hundred eighty (ISO) days after Grantor's written notice and
m.mAM fur removal and relocation of the improv""'P.Ml. Grantee sball remove and relocate the
improvements to a feasible location on the propedy of Grantor, as reasonably ~ by
Grantor. and Grantor sbaII fumish Grantee with an easeonent for the new location, on the terms
and conditions as stated in this Agreement, all without cost 10 Grantee, and Grantee 1hereupon
sbaIl reconvey to Grantor the esoeonesrt herein granted.
D. It is expreasIy understood and agreed that Grantor, and its suocessDrS or
as~igJIll, do not have the right, without prior written approval of Grantee, to grant any easement
or lictme, or permit any encroachment of any kind whatsoever in or over the JlJII.--.t Area,
excluding any existing easeml'l\t, license, or permit in existence as of the date of this non.
exclusive easement is granted. Grantee sba1I DOt unreasonably withhold its consc:nt under
Pamgraph 58 above, or approval under this ~ 5D, so loDg as any proposed. adivity,
construction, or improvement is designed in lICC01'd8nce with generally accepted engineering
principles and practices for the protection of Grantee's facilities and Grantee's rights as granted
herein..
E. Grantor, its successors or '''';gJlIl, retain all aspects of fee ()WIIeI'Rhip IlIId the
right 10 make all uses of the ~- Area, including, but not limited to, lICCCIlS, ingress, and
egress over, througb, and across the F_ent AmlIlIId to IlIId from lIlijoining pueeIs, that do
DOt UDl'e8I'n''''bly interfere with Grantee's rights as described in this Agreement.
6. R~lWStinn Grantee agtIleS that it sbaII replace any ni.nng. or future
improvements installed in acc:onIance with this Agreement that may be ~ during
..........",,;.... . . fGram ' ..:-1:_
----... op.;..I,oXI or rcplUf 0 eo .1'_.....,.
7. ('.nmnliAn"",. Grantee, at Grantee'. sole cost, sball be responsible for compliaDce
with all federsl, state IlIId local laws, ardln",,""'$, rules and regulations ("LawI") now IlIId in the
future applicable 10 the use, ilL_limO'\, ....int"'lAn<:e and 1'IlplIirs of Otlmtee's pipeline and
appurtenant faciJities.
8. O",I~'S Tnd~tv 0bI;~ Grantee agtIleS to ;nd...nni{y, <Wa IIId hold
harmless Grantor, and its employees, agarts. and Afflll'lt1'd entities from all cIA;mll, causes of
actions, tlAtn~lV" costs (including the COst of investigators. consultants and attorneys se1ected by
Grantor) or ~ of IIIlY Dature whatsoever to Grantor, or the Property, arising from or
related to Grantee's use of1he Ev--nt Area, and the construction, opemtion, ....~ or
repair of the pipeline and appurtenant facilities, including without Iim;nmn". claims fur perIOJl8l
~ury and propmll tltun'li". equitab1e rem1'dies (imIn4;'1I ~unctive relief) of any Dature
wbatIoever; provided, however, Grantee's indemnity obligations under this PlIflI8l'lIPh 8 sball not
apply 10 claims, causes of action, costs or delriment caused by the sole active negligence or
intentionalllCts of Grantor.
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Projectname: 1b.AliNo Feeder RYhonmrm South Pioe1ine
APN: 02711-191.30
9. Grantor's Inc:lP.mnitv. 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 limi1lltion, claims for personal injury and property dAmAV~
equitable remedies (including injunctive relief) of any nature whatsoever; provided, however,
Grantor's indemnity obligations under this Paragraph 9 sbaII not apply to claims, causes of
action, costs or detriment caused by the sole active negligcm:e or intentional acts of Grantee. .
10. EntUe AlI1'eement BindinO' Etfec:t: ,4mMdm_ This Agreement: (a> is ~
by Grantor and Grantee as a final expressio~ and complete and exclusive --....nt of their
agreement with respect to the terms included herein, and any prior or CO..I~..ponmeous
agreements or understandings, oral or written, which may contradict, explain or supplement
these terms are superseded and sbaII not be pdm/.../ble or etfec:tive for any purposes; (b) sbaII be
binding upon and inure to the benefit of Grantor and Grantee and their SUCCelsars and a,.,nr;
and (c) may not be llIDeI'ded or modified except by a written agreement executed by Grantor and
Grantee.
II. Attornevs' Fees. In any action between Grantor and Grantee arising from or
related to this Agreement, the prevailing party sbaII be entitled to recover from the other party, in
addition to damages, injunctive or other re~ if any, all costs and expenses. raIllOIIlIbly incurred
at, before and after triaI or on appeal. or in any bankruptcy ~111& including without
limi1lltion, atlDrDeys' fees. wi~' fi:es (expert and otherwise). deposition cosls, copying
charges and other expenses. The costs, saIa1y and expenses of the City Attamoy and ........\lea of
his office. in Nmnl'dion with that action, sball be oonsi<lered as atfom"}"s fi:es for the purposes
of this Agreement.
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Project name: Ra_Uruoll-til_ ExtensionSouth Pioeline
APN: 0273-191-30
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date first above written.
GRANTOR:
City of San Bernardino, a California municipal
corporation
:~u~~
By:
Its:
GRANTEE:
unicipal Water District, a
B
Its:
By:
Its:
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Project na.aJe: Baseline Feeder F.x1P-nsion South Pip@line
APN: 02'1&.-191.:<<)
STATE OF CALIFORNIA
)
: SS.
COUNTY OF San Bernardino )
On March 8 --.J 2007, before me, David M. Gutierrez ,NotaryPub1ic , personally appeared
Patrick J. Morris , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the pers01l$ whose names iiri:. 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.
~-A
Notary Public in and for said )
County and State
, '-."-~'.'...,....-- ~._~
STATE OF CALIFORNIA
)
: ss.
COUNTY OF
)
On --.J 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
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, "
Project name: Bue1in~ Feeder Extension South Pioeline
APN: 027R.191.1O
STATE OF CALIFORNIA
)
: ss.
COUNTY OF ~an Bernardino )
On ~p'l'H 4 -,2007, before me, \-, -'W"~.ft"'A~. N9tory 1'''H1g ,personally appeared
C. Patrick Millb:an . 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.
~~ 4(k--
~. L. HERNANDEZ l
- COIMI. '1_12
III NOTARY PUIlIC.CAI.I'IIRIM
~ ltJc-~~lO'.T
Notary Public in and for said
County and State
-7.
Project name: Ba!llE!IinP. ~er Ext2nsion South Pineline
APN: 0218_191.30
EXHIBIT "A"
EASEMENT AREA
l_
. .
KQ.U:CEQ. (Sf &rEWAm'
I .. .. . II .. . .. .. or . ..
EXHIBIT "Aft
APNo:i1..191-30
PIPELINE EASEMENT
11uIt portion of Lot 4 in Block 43 of Rancho San Bernardino, as MOwn by Map' on file iD Book 7 of Maps
at Pago 2 thereof, records of San Bernardino County, Califumla, being mO~ particularlycloscribed as
follows:
BEGINNING at 1he norlhcas1crly comer of said Lot 4, said comer being on the woalerIy
right-of-way line ofPedlG)' RoId (30 feet wido);
Thence South 00"14'12" East, along the easterly liDe of said Lot 4 and said Wll8feriy
right-of-WGy liDe, a distance of 972.40 feet to 1he northerly right-of-way line of Sixth ,
Street (41.25 foot balfwidth);
Thence South 89"36'44" West, along said northerly right-of-way liDe, a distsnce of72.oo
feet; ,
Thence North 35"27'56" Bast, departing said northerly right-of-way line, a dls1anco of
80.54 feet to, a line perallel with and distant 25.00 feet woalerIy as meuured at right
angles to said westerly JiBbt-of-WGy line of Pedley Road (30 feet wide);
Thence North 00014'12" West, along said parallelliDe, a distance of 907.19 feet to the
northerly line of said Lot 4;
ThenIlO North 89"45'48" East, along said northerly line, a distaJK1e of 25.00 feet to the
POINT OF BEGINNING.
Contains 0.5933 acres, more or less.
See ExluDit '8' attached hereto and made a part hereof.
MWJlII&m
LBOAU634-4C (118I2OO6)
Pille 1 of 1
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LO-r "'J7
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.01
- 0
.,..: ~
'0 ~
01 01
LOT 4 ~.
.~ ~ ~
BLOCK 43 .
N ~
. -
RANCHO SAN BERNARDINO .. ~
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. lIB 7/2 5.11. co. .13 13 ~
. III III
25'
NJ5'27'5S-E
80,54'
N8lrJ8'44-E ST
72.00' .
SCALE: 1-=100'
SIXTH
~
::;:
this Plat Is Sol.ly an AId In LocatIng. the Pan:eI(a) DeacrIbecI In the AttachecI Document.
. ._ JlIED 1M
J D~lIl
~,
,........"...
CITY' or SAN IIIIR&RIIINO VAUlY JlUKIaPALIATllIIJDIu:r. l5lUIIDIT
BASEUNE 'FEEDER EXTENSION, SOUTH PIPELlNB B
PIPELINE EASEMENT
A.P.N. 0278-191-30
JIlll-..,...._Cl.III501...-_
"-100' ~0I1l18/01 DIWIIf.ft.lID. (lIo-,.... ft:.DI. '1'.0.'...... ... 1 till
!
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VICINITY MAP
'i e
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(;:_.~ BASELINE FEEDER EXTENSION, SOUTH PIPELINE
PIPELINE EASEMENT
A.P.N.0278-191-30
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) SS
CITY OF SAN BERNARDINO .)
I, RACHEL G. CLARK, City Clerk for the City of San Bernardino,
DO HEREBY CERTIFY that the foregoing and attached copy of the City of
San Bernardino Resolution No. 2007-74 is a full, troe and correct copy of that
now on file in the Office of the City Clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this 9th dayofMareh 2007.
4t ./,/ JIj. jI? #A ~1-
el G.. Clark, City Clerk .
~..
, ~4d-
By. _ 'F...._CityClm
"
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