HomeMy WebLinkAbout25-Water Department
Cn:V OF SAN BERNARDINO - REGlUEST FOR COUNCIL ACTION
,
Dept: Water
o i<~ : "..... ~ L
Subject: A Resolution Of The Mayor And Common Council Of
The City Of San Bernardino Approving A Quitclaim Deed to the
State of California for a Portion of Easement Rights for Water 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 Bemardino County.
From: Bernard C. Kersey, General Manager
Date: October 7, 2002
Synopsis of Previous Council Action:
Unknown
Recommended motion:
Adopt Resolution
'gnature
Contact person: Bernard C. Kersey. General Manaaer
Phone:
384-5091
Supporting data attached:
Yes
Ward:
5
FUNDING REQUIREMENTS:
Amount: N/A
Source:(Accl. No.) Water Department
(Accl. Description)
Finance:
Council Notes:
\2.ESo ~ ::l ()(') ? - 3;)~
10 /11 D~
Agenda Item No..J5
75-0262
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
California State University San Bernardino (CSUSB) Relocation of Water
Facilities to Accommodate Dormitory Construction.
BACKGROUND:
In October of 2000, California State University San Bernardino (CSUSB)
contacted the San Bernardino Municipal Water Department (SBMWD) regarding a
conflict between the alignments of the existing 16" steel main that runs
through the CSUSB campus and some dormitories that were currently under
construction. SBMWD Engineering staff immediately responded by meeting with
CSUSB and their Engineer (Associated Engineers) to find a solution to the
conflict. SBMWD staff fast tracked a plan and CSUSB hired a contractor to
relocate a portion of the existing water main to avoid the building
footprint. In an effort to avoid delay claims against CSUSB, SBMWD agreed to
proceed without a contractor-installed agreement and loaned the college the
materials to start construction. The loan was to be paid back in-kind with
similar materials once it could be shipped from the East Coast. CSUSB
complied with all of SBMWD's requests and paid all fees. The main relocation
was completed by November 2000.
Over the next eight months, SBMWD, Associated Engineers, and CSUSB staff
worked to develop easement documents to cover the newly installed water
facilities. These documents were completed and the Board of Water
Commissioners approved them on September 4, 2001.
Within one week of the Board's approval, staff was again contacted by CSUSB
staff and was notified of additional water main relocations that were
necessary for a second dormitory that was under design. Staff prepared the
cost estimate for the relocation of the portion of the new main in conflict
with the proposed second building. CSUSB paid all SBMWD fees and relocation
costs and SBMWD crews installed the offset in January 2002.
In light of this new information, SBMWD staff and management chose not to
record the Board-approved documents but rather to include the new alignment
in the easement and revise and resubmit the documents.
SBMWD staff has been working to finalize a new easement document (TLR No. SB
01-02). CSUSB and SBMWD staff and management have negotiated easement terms
and conditions that are acceptable to both parties. A portion of the
existing water line easement granted to the City by the State of California
in 1965 passes under the newly constructed dormitories. That portion of the
existing easement needs to be quitclaimed back to the State of California
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt a resolution approving a Quitclaim Deed to the State of California.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR
A PORTION OF EASEMENT RIGHTS FOR WATER 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.
WHEREAS, the City of San Bernardino has an Agreement and Grant
of Easement from the State of California for water line purposes
recorded on March 16, 1965 in Book 6589 at Page 451 of Official
Records of San Bernardino County; and
WHEREAS, the State of California requires relocation of the
water line in a portion of the Grant of Easement and has paid for
the relocation and suitable location of a new water line easement
and paid for all of the relocation expense.
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 a Quitclaim Deed to the State of
California for a portion of an easement for water 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.
SECTION TWO:
That the said Quitclaim Deed referred to herein,
a copy of which is attached hereto, marked Exhibit "1", and hereby
referred to and made a part hereof as fully as though set forth at
length herein, "is hereby approved.
SECTION THREE: That the Mayor and City Clerk of the City of San
Bernardino are hereby authorized and directed to execute said
Quitclaim Deed on behalf of the City of San Bernardino.
10/7/02
No. J.5
J D /1' OJ-
Page 1 of 2
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9 COUNCIL MEMBERS
10 ESTRADA
11 LIEN
12 MCGINNIS .
13 DERRY
14 SUAREZ
C15 ANDERSON
16 MCCAMMACK
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING
A QUITCLAIM DEED TO THE STATE OF CALIFORNIA FOR A PORTION OF EASEMENT RIGHTS FOR WATER 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.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted
5 by the Mayor and Common Council of the City of San Bernardino at a
meeting
thereof,
held
the
day
of
on
, 2002, by the following vote to wit:
AYES
NAYS
ABSENT
ABSTAIN
18
19
Rachel Clark, City Clerk
20
The foregoing resolution is hereby approved this _ day of
, 2002.
21
22
Judith Valles, Mayor
23 City of San Bernardino
24 APPROVED AS TO FORM
AND LEGAL CONTENT:
25
26 JAMES F. PENMAN
City Attorney
27
10/7/02
Page 2 of 2
RECORDING REQUESTED BY:
and
eND WHEN RECORDED MAIL THIS DEED TO:
. rustees of the California State University
5500 University Parkway
San Bernardino, CA 92L107
(Space above this line for Recorder's use)
QUITCLAIM DEED
IN CONSIDERA nON .of the public benefit pravided, CITY OF SAN BERNARDINO hereby remises, releases and
forever quitclaims ta STATE OF CALIFOR.NIA, all EASEMENT rights far WATER LINE purpases, as described in that certain
Agreement and Grant .of Easement recorded an March. 16, 1965, in Baak 6589 at Page 451 .of Official Records .of San Bernardina
C.ounty, aver that certain parcel .of land described in Exhibit ':A", attached heretc and by reference made a part hereaf.
Dated
STATE OF CALIFORNIA
COUNTY OF
} S.S.
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 hislher/their authorized capacity(ies), and that by
his/her/their signature{s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
c
WITNESS my hand and oHicial seal
(This area lor official notarial seal)
Signature
EXHIBIT "A"
Sheet 1 of 4
CITY OF SAN BERNARDINO
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QUITCLAIM WATER 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 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:
c
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 89' 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 55' 01' 09" East, 1381.93 feet along said centerline to the POINT
OF BEGINNING, said point of beginning being distant along said centerline South 55' 01'
09" East, 27.53 feet from the centerline of the proposed 20.00 feet wide water easement
described below; thence continuing along said centerline of said 20.00 feet wide easement
granted to the City of San Bernardino, South 55' 01' 09" East, 672.47 feet to the POINT OF
TERMINUS, said point of terminus being distant along said centerline, North 55' 01' 09"
West, 14.14 feet from said centerline of said proposed 20.00 feet wide water line easement.
The sidelines of said strip shall be prolonged or shortened to terminate on the sidelines of
said proposed 20.00 feet water line easement.
PROPOSED WATER 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 Bernardino Meridian, Muscupiabe Rancho, defined by
extending United States Government Section lines across said Rancho, as per plat recorded
in Book 1 of Maps, page 24, Records of San Bernardino County, State of California, the
centerline of said strip is more particularly described as follows:
c
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 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 89' 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 recorded in Book 6589, page 451, Official
Records of said County; thence South 55' 01' 09" East, 1354.40 feet along said centerline
to the POINT OF BEGINNING; thence South 33' 43' 01" East, 49.41 feet to a point
hereinafter referred to as "Point A"; thence continuing South 33' 43' 01" East, 102.13 feet to
a point hereinafter referred to as "Point B"; thence continuing South 33' 43: 01" East, 18.08
M:\CSUSB\OOO70\QUITCLAIM WTR ESMTI.DOC
EXHIBIT "A"
Sheet 2 of 4
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feet; thence South 11029' 56" West, 126.91 feet to a point hereinafter referred to as "Point
C"; thence continuing South 110 29' 56" West, 5.12 feet; thence South 330 30' 04" East,
24.00 feet; thence South 560 00' 04" East, 160.61 feet; thence South 780 58' 28" East,
44.77 feet to a point hereinafter referred to as "Point D"; thence continuing South 780 58' 28"
East, 71.41 feet; thence North 78' 31' 32" East, 14.32 feet; thence North 330 31' 32" East,
90.56 feet to a point hereinafter referred to as "Point E"; thence continuing North 330 31' 32"
East, 5.00 feet; thence South 560 19' 50" East, 175.35 feet; thence North 790 58' 51" East,
44.78 feet to a point on said centerline, said point being distant along said centerline, South
550 01' 09" East, 714.14 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.
Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described
centerline:
B.EGINNING at the hereinabove de~cribed "Point A"; thence South 56016' 59" West, 89.61
feet to the POINT OF TERMINUS;
Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described
centeriine:
c
BEGINNING at the hereinabove described "Point B"; thence North 560 16' 59" East, 61.14
feet to the POINT OF TERMINUS;
Also a 20.00 feet wide strip of land lying 10.00 feet on each side of the following described
centeriine:
BEGINNING at the hereinabove described "Point C"; thence North 780 30' 02" West, 24.52
feet to the POINT OF TERMINUS;
Also a 20.00 feet wide strip of land lying 10.00 feet on each. side of the following described
centerline:
BEGINNING at the hereinabove described "Point D"; thence South 110 01' 34' West, 17.00
feet to the POINT OF TERMINUS;
Also a 20.00 feet wide strip 01 land lying 10.00 feet on each side 01 the following described
centerline:
BEGINNING at the hereinabove described "Point E"; thence South 56~ 19' 50" East, 23.58
feet to the POINT OF TERMINUS.
Refer to Sheet 4 of 4 for a plat depicting the above-described land.
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M:\CSUSB\OOO70\QUITCLAIM WTR ESMT2.DOC
EXHIBIT "A"
Sheet 3 of 4
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This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
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M:\CSUSB\OOQ70\QurrCLAIM WTR ESMTI.DOC
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10 -f)-Od- Item # {)S
Vote: Ayes 1-'1 Nays..Pr
Change to motion to amend original documents: -
Resolution # {). 00 ~ - 3d ~
Abstain.c.- Absent .e
Reso. # On Attachments: - Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: ~
By: -
Pi
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
lo-q-o.::>--
iO-\Ci-<:>'d
IO-\Ci-<:ld-
Reso. Log Updated: ,..,...
Seal Impressed: V
Date Mem
t for Signature:
See Attached:
See Attached:
See Attached:
Date Returned: -
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, (2634):
Updated CDC Personnel Folders (5557):
.........-
Updated Traffic Folders (3985, 8234, 655, 92-389): .
Yes ./ No By
Yes No --.L By
Yes No ,/ By
Yes No v' . By
Yes N07
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
EDA
Water /'
Finance
MIS
Police
Public Services
Others:
Notes:
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: ~
Date: It\-! I\---o.:r
Revised 01112/01