HomeMy WebLinkAbout09-Development Services
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: James Funk,
Director
Subject: Resolution authorizing and
directing execution of an Agreement and
Grant of Easement and a Quitclaim Deed
for a City sewer easement located at
. California State University San
Bernardino.
File No.15.03.102A&B
MCC Date: 09-23-2002
Or',....'~L
Dept: Development Services ti I Ion II V f~
Date: August 30, 2002
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution
W-
James Funk
Contact person: EILEEN GOMEZ
Supporting data attached: StaffReportJResolution
Agreement/QUltchum
FUNDING REQUIREMENTS: Amount:N/A
Phone: 5328
Ward:
5
Source: (Acct. No.)
(Ar.d n",,,,r.riptinn)
Finance:
Council Notes:
l<t;;So ~ a(J:J:; - d9 9
q J;}. 3ft);}.
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Agenda Item No. -9
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing and directing execution of an Agreement and Grant of Easement and a
Quitclaim Deed for a City sewer easement located at California State University San Bernardino.
BACKGROUND:
Recently, California State University San Bernardino (CSUSB) has submitted a request to our
office to quitclaim an existing sewer easement that was granted to the City in 1966 by the State
of California. This easement was granted to the City for underground pipelines for the
transportation of sewage on the CSUSB campus. As part of a housing project for the university,
CSUSB has constructed additional dormitory buildings for student housing on the campus, and is
scheduled to start construction of another building in the near future. According to the plan,
CSUSB has constructed one of the buildings over the existing sewer easement area. In order to
proceed with the project, CSUSB is requesting that the City quitclaim the easement to the State
of California, at which time they will grant a new' easement to the City for the relocation of the
existing facilities. The San Bernardino Municipal Water Department has also been working with
staff at CSUSB to coordinate the relocation of the water mains and appurtenant facilities.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN
AGREEMENT AND GRANT OF EASEMENT AND A QUITCLAIM DEED TO THE
STATE OF CALIFORNIA FOR A CITY SEWER EASEMENT LOCATED AT
CALIFORNIA STATE UNIVERSITY SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, an Agreement and Grant of Easement and a Quitclaim
Deed for a sewage disposal pipeline easement, and the right of depositing. flowing and disposing
of sewage, a copy of which is attached hereto as Exhibit "1" and incorporated herein.
11/
09/18/02
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RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT AND GRANT
OF EASEMENT AND A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A SEWER
EASEMENT LOCATED AT CAL STATE SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
, 20_, by the following vote, to wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
20 The foregoing resolution is hereby approved this
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day of
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City A orney
2
meeting thereof
,20_.
;.
TLR No. 5B 01-01
RECORDING REQUESTED BY
The Trustees of The California Stale University
WHEN RECORDED MAli- TO:
The California State University
40 I Golden Shore
Long Beach. California 90802-4210
Attention: Land Records. CPDC
_ SPACE ABOVE THIS LINE FOR RECORDER'S USE-
AGREEMENT AND GRANT OF EASEMENT AND QUITCLAIM DEED
This Agreement and Grant of Easement and Quitclaim Deed is entered into by and between the
Trustees of The California State University, hereinafter called Trustees, and the City of San
Bernardino, hereinafter called Grantee.
Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in
consideration of the mutual promises contained herein, and the public benefit provided, hereby
grant unto Grantee, its successors and assigns, an easement to locate, relocate, construct,
reconstruct, maintain, alter, enlarge, inspect, repair and replace underground pipelines for the
transportation of sewage, and all pipes, conduits, manholes, structures and equipment necessary
or convenient thereto, on, under and across that certain real property described and shown on
Exhibit A, attached hereto and by this reference made a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF THIS AGREEMENT
AND GRANT OF EASEMENT AND QUITCLAIM DEED.
Date
COMMENDED:
Kath
Dir or, Procurement and Support Services
California State University, San Bernardino
AP~~
William F. Shum
Director, Physical Planning &: Development
California State University, San Bernardino
APPROVED: City of San Bernardino
APPROVED: TRUSTEES OF TIiE
CALIFORNIA STATE UNIVERSITY
By
Print Name
Print Title
J. Patrick Drohan
Assistant Vice Chancellor
Capital Planning, Design &: Construction
(,
TLR No. SB 01-01
PROVIDED, this Grant of Easement is subject to the following terms and conditions:
I. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said real property and the use of the word "Grant" herein shall not be construed
as a covenant against the existence of any thereof.
2. Grantee agrees that any improvements or other property installed under the authority of this
Easement will be well and safely maintained by Grantee at all times while this Grant of Easement
is operati ve.
3. Except for emergencies, Grantee shall provide to Trustees adequate advance written notice of its
entering the easement, and coordinate with Trustees all authorized activity in the easement in a
manner agreeable to Trustees.
4. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage
caused by, arising out of, or in any way connected with the exercise of this Easement, and
Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and
employees, from any and all loss, damage or liability which may be suffered or incurred by
Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected
with exercise by Grantee of the rights hereby granted.
5. Trustees reserves the right to use said real property in any manner, provided such use does not
unreasonably interfere with Grantee's rights hereunder.
6. Trustees reserves the right to require Grantee, at Trustees' expense. to remove and relocate all
improvements placed by Grantee upon said real property, upon determination by Trustees that the
same interfere with future development of Trustees' property. Within 180 days after Trustees'
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 State, as designated by
Trustees and Trustees shall furnish Grantee with an easement in such new location. on the same
terms and conditions as herein stated. all without cost to Grantee, and Grantee thereupon shall
reconvey to Trustees the Easement herein granted.
7. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to
use the Easement for the purposes herein granted. Upon such termination. Grantee shall
forthwith upon service of written demand, deliver to Trustees a quitclaim deed. to its right, title
and interest hereunder, and shall, on Trustees' request, without cost to Trustees and within 90
days from written demand by Trustees remove all improvements or other property placed by or
for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same
condition they were in prior to the execution of this Easement. In the event Grantee should fail to
restore the premises in accordance with such request, Trustees may do so at the risk of Grantee.
and all costs of such removal and restoration shall be paid by Grantee upon demand.
8. As partial consideration for the grant of this easement, Grantee does hereby remise. release. and
forever quitclaim to Trustees, owner andlor owners of record. any right. title, or interest it may
have in and to that certain parcel of land described and shown in Exhibit B, attached hereto and
by this reference made a part hereof.
Page 2 of2
EXHIBIT "A"
Sheet 1 of 2
CITY OF SAN BERNARDINO
SEWER EASEMENT
Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4
West, unsurveyed, of the San Bernardino Meridian, Muscupiabe Rancho, defined by
extending United States Government Section lines across said Rancho situated in the
County of San Bernardino, State of California, as per plat recorded in Book 1, page 24, of
Maps, in the Office of the County Recorder of said County, the centerline of said strip is more
particularly described as follows:
Commencing at the intersection of the north-south centerline of Section 8, Township 1 North,
Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title
Insurance and Trust Company Property described in a document recorded in Book 3748,
page 26, Official Records of said County, as shown on Record of Survey recorded in Book
21, pages 98 and 99, Records of said County; thence South 890 33' 34" West, 1335.92 feet
along said north line to a point on the centerline of that certain 20.00 feet wide easement
granted to the City of San Bernardino and recorded in Book 6589, page 451, Official Records
of said County; thence South 550 01' 09" East, 1444.17 feet along said centerline to the
POINT OF BEGINNING; thence North 720 04' 25" East, 101.05 feet; thence South 560 23'
24" East, 370.Q1 feet; thence South 330 31' 32" West, 114.81 feet; thence South 56019' 50"
East, 155.37 feet; thence North 790 58' 51" East, 30.77 feet to a point on said centerline,
said point being distant along said centerline, South 550 01' 09" East, 610.86 feet from said
point of beginning, said point also being the POINT OF TERMINUS.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said 20.00 feet wide easement conveyed to the City of San Bernardino.
Refer to Sheet 2 of 2 for a plat depicting the above-described land.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Date:
M'\CSUSIl\llOCl11 EASEMENT.DOC
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EXHIBIT "B"
Sheet 1 of 3
CITY OF SAN BERNARDINO
QUITCLAIM EASEMENT
Being a portion of that certain 20.00 feet wide easement lying within Sections 8 and 17,
Township 1 North, Range 4 West, unsurveyed, of the San Bernardino Meridian, Muscupiabe
Rancho, defined by extending United States Government Section lines across said Rancho,
situated in the County of San Bernardino, State of California, as per plat recorded in Book 1,
Page 24, of Maps, in the Office of the County Recorder of said County, as granted to the 9ity
of San Bernardino, recorded in Book 6589, Page 451, Official Records in said Office of the
County Recorder, more particularly described as follows:
A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described
centerlline:
Commencing at the intersection of the north-south centerline of Section 8, Township 1 North,
Range 4 West, unsurveyed, said Muscupiabe Rancho with the north line of Pioneer Title
Insurance and Trust Company Property described in document recorded in Book 3748, Page
26, of Official Records in said Office of the County Recorder, as shown on a Record of
Survey filed in Book 21, Pages 98 and 99, of Records of Survey in said Office of the County
Recorder; thence South 890 33' 34" West, 1335.92 feet along said north line to a point of
intersection with said centerline of the 20.00 feet wide easement granted to the City of San
Bernardino; thence South 550 01' 09" East, 1456.71 feet along said centerline to the POINT
OF BEGINNING, said point of beginning being distant along said centerline South 550 01'
09" East, 12.54 feet from the centerline of the proposed 20.00 feet wide sewer easement
described below; thence continuing along said centerline of said 20.00 feet wide easement
granted to the City of San Bernardino, South 550 01' 09" East, 584.18 feet to the POINT OF
TERMINUS, said point of terminus being distant along said centerline, North 550 01' 09"
West, 14.14 feet from said centerline of said proposed 20.00 feet wide sewer line easement.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said proposed 20.00 feet sewer line easement.
PROPOSED SEWER EASEMENT
Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4
West, unsurveyed, of the San Bernardino Merldian, Muscupiabe Rancho, defined by
extending United States Government Section lines across said Rancho situated in the
County of San Bernardino, State of California, as per plat recorded in Book 1, page 24, of
Maps, in the Office of the County Recorder of said County, the centerline of said strip is more
. particularly described as follows:
Commencing at the intersection of the north-south centerline of Section 8, Township 1 North,
Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title
Insurance and Trust Company Property described in a document recorded in Book 3748,
page 26, OffIcIal Records of said County, as shown on Record of Survey recorded in Book
21, pages 98 and 99, Records of said County; thence South 890 33' 34" West, 1335.92 feet
along said north line to a point on the centerline of that certain 20.00 feet wide easement
granted to the City of San Bernardino and recorded in Book 6589, page 451, Official Records
of said County; thence South 550 01' 09" East, 1444.17 feet along said centerline to the
POINT OF BEGINNING; thence North 720 04' 25" East, 101.05 feet; thence South 560 23'
M:\CSlJS8\OOO1O\QEASEMENn.DOC
EXHIBIT "B"
Sheet 2 of 3
24" East, 370.01 feet; thence South 33" 31' 32" West, 114.81 feet; thence South 560 19' 50"
East, 155.37 feet: thence North 790 58' 51" East, 30.77 feet to a point on said centerline,
said point being distant along said centerline, South 55" 01' 09" East, 610.86 feet from said
point of beginning, said point also being the POINT OF TERMINUS.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said 20.00 feet wide easement conveyed to the City of San Bernardino.
Refer to Sheet 3 of 3 for a plat depicting the above-described land.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Date:
M:\CSUSB\OOD1O\QUrTCLAlMEASEMEHT2.00c
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RECORDING REQUESTED BY:
D~VELOPMENI SEKVI~ES DEPARTMENT/
REAL PROPERTY SECTION
AND WHEN RECORDED MAIL THIS DEED TO:
CITY CLERK
CITY HALL
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
(Space above this line for Recorder's use)
QUITCLAIM DEED
IN CONSIDERA nON of the public benefit provided, CITY OF SAN BERNARDINO hereby remises, releases and
forever quitclaims to ST ATE OF CALIFORNIA, all EASEMENT rights for SEWER LINE purposes, as described in that certain
Agreement and Grant of Easement recorded on March 16, 1965, in Book 6589 at Page 451 of Official Records of San Bernardino
County, over that certain parcel of land described in Exhibit "A", attached hereto and by reference made a part hereof.
CITY OF~SAN BERNARDINO
Dated
By:
STATE OF CALIFORNIA
COUNTY OF
) 5.5.
By:
On
before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in hislherltheir authorized capacity(ies), and that by
his/herltheir signature(s) on the instNment the person(s), or the entity
upon behalt of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
(This area for official notarial seal)
Signature
EXHIBIT "An
Sheet 1 of 3
CITY OF SAN BERNARDINO
QUITCLAIM SEWER EASEMENT
Being a portion of that certain 20.00 feet wide easement lying within Sections 8 and 17,
Township 1 North, Range 4 West, unsurveyed, of the San Bemardino Meridian, Muscupiabe
Rancho, defined by extending United States Government Section lines across said Rancho,
situated in the County of San Bernardino, State of California, as per plat recorded in Book 1,
Page 24, of Maps, in the Office of the County Recorder of said County, as granted to the City
of San Bernardino, recorded in Book 6589, Page 451, Official Records in said Office of the
County Recorder, more particularly described as follows:
A strip of land 20.00 feet wide lying 10.00 feet on each side of the following described
centerlline:
\
Commencing at the intersection of the north-south centerline of Section 8, Township 1 North,
Range 4 West, unsurveyed, said Muscupiabe Rancho with the north line of Pioneer Title
Insurance and Trust Company Property described in document recorded in Book 3748, Page
26, of Official Records in said Office of the County Recorder, as shown on a Record of
Survey filed in Book 21, Pages 98 and 99, of Records of Survey in said Office of the County
Recorder; thence South 890 33' 34" West, 1335.92 feet along said north line to a point of
intersection with said centerline of the 20.00 feet wide easement granted to the City of San
Bernardino; thence South 550 01' 09" East, 1456.71 feet along said centerline to the POINT
OF BEGINNING, said point of beginning being distant along said centerline South 550 01'
09" East, 12.54 feet from the centerline of the proposed 20.00 feet wide sewer easement
described below; thence continuing along said centerline of said 20.00 feet wide easement
granted to the City of San Bernardino, South 550 01' 09" East, 584.18 feet to the POINT OF
TERMINUS, said point of terminus being distant along said centerline, North 550 01' 09"
West, 14.14 feet from said centerline of said proposed 20.00 feet wide sewer line easement.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said proposed 20.00 feet sewer line easement.
PROPOSED SEWER EASEMENT (FOR REFERENCE ONLY)
Being a strip of land 20.00 feet wide lying within Section 17, Township 1 North, Range 4
West, unsurveyed, of the San Bemardino Meridian, Muscupiabe Rancho, defined by
extending United States Government Section lines across said Rancho situated in the
County of San Bemardino, State of California, as per plat recorded in Book 1, page 24, of
Maps, in the Office of the County Recorder of said County, the centerline of said strip is more
particularly described as follows:
Commencing at the intersection of the north-south centerline of Section 8, Township 1 North,
Range 4 West, unsurveyed, said Muscupiabe Rancho and the north line of Pioneer Title
Insurance and Trust Company Property described in a document recorded in Book 3748,
page 26, Official Records of said County, as shown on Record of Survey recorded in Book
21, pages 98 and 99, Records of said County; thence South 890 33' 34" West, 1335.92 feet
along said north line to a point on the centerline of that certain 20.00 feet wide easement
granted to the City of San Bernardino and recorded in Book 6589, page 451, Official Records
of said County; thence South 550 01' 09" East, 1444.17 feet along said centerline to the
POINT OF BEGINNING; thence North 720 04' 25" East, 101.05 feet; thence South 56023'
M:\CSUSB\OOO70\QUITClAIM SWR ESMT2.DOC
"
EXHIBIT "An
Sheet 2 of 3
24" East, 370.01 feet; thence South 33" 31' 32" West, 114.81 feet; thence South 560 19' 50"
East, 155.37 feet; thence North 79" 58' 51" East, 30.n feet to a point on said centerline,
said point being distant along said centerline, South 55" 01' 09" East, 610.86 feet from said
point of beginning, said point also being the POINT OF TERMINUS.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said 20.00 feet wide easement conveyed to the City of San Bemardino.
Refer to Sheet 3 of 3 for a plat depicting the above-described land.
This real property description has been prepared by
conformance with the rofessional Lan urveyors Act.
my direction, in
M:\CSUSB\OOO70\QUITClAIM SWR ESMT2.DOC
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 9 -7.3.. OC Item # C\
Vote: Ayes 1- f") Nays k
Change to motion to amend original documents:
2.(02-"29 '1
Absent f::r
Resolution #
Abstain ..e-
Reso. # On Attachments: =-- Contract term: .-
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: <1 - '24 -02.-
Date of Mayor's Signature: q -;) S-~
Date ofClerklCDC Signature: q~d{,-o,>
Date
ot for Signature:
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
e
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distrihuted to:
City Attorney .,/
Parks & Rec.
Code Compliance
Dev. Services
.,/
Public Services
Water
Police
Notes:
NulllVoid After: -
By: -
Reso. Log Updated: /
Seal Impressed: v'
Date Returned: -
ed:
Yes~ No By ~
Yes NO-L- By
Yes NO-L By
Yes No II' By
Yes No I By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: {'fT(
Date: q I :J, 0).Q?-
Revised 01/12/01