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Home My WebLink About2007-435 1 RESOLUTION NO. 2007-435 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A GRANT OF EASEMENT TO ENERTECH ENVIRONMENTAL 3 CALIFORNIA, LLC FOR AN INDUSTRIAL SEWER LINE TO CONNECT WITH THE SANTA ANA RIVER INTERCEPTOR (SARI) PIPELINE LOCATED AT THE RAPID 4 INFILTRATION EXTRACTION FACILITY (RIX) SOUTH OF AGUA MANSA ROAD, SAN BERNARDINO, CA (APNs 0260-081-25 & 27). 5 6 WHEREAS, the City of San Bernardino owns real property situated 7 in the City of San Bernardino, County of San Bernardino located 8 South of Agua Mansa Road and utilized for the City of San Bernardino 9 RIX Facility; and 10 WHEREAS, EnerTech Environmental California, LLC proposes to use 11 the property to allow for proper connection to the SARI pipeline. 12 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 13 THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION ONE: That the City of San Bernardino, a Municipal 15 Corporation, does hereby approve a Grant of Easement for connection 16 purposes to EnerTech Environmental California, LLC, as described in 17 the Grant of Easement. The Grant of Easement is set forth in 18 Exhibit 1 attached hereto and by this reference made a part hereof. 19 SECTION TWO: That the Mayor and City Clerk of the City of San 20 Bernardino are hereby authorized and directed to execute said Grant 21 of Easement on behalf of the City of San Bernardino. 22 / II // 23 II/II 24 II/II 25 II/II 26 II/II 27 II/II 28 11/05/2007 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A GRANT OF EASEMENT TO ENERTECH ENVIRONMENTAL CALIFORNIA, LLC FOR AN INDUSTRIAL SEWER LINE TO CONNECT WITH THE SANTA ANA RIVER INTERCEPTOR (SARI) PIPELINE LOCATED AT THE 1 RAPID INFILTRATION EXTRACTION FACILITY (RIX) SOUTH OF AGUA MANSA ROAD, SAN BERNARDINO, CA (APNs 0260-081-25 & 27). 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 joint regular meeting thereof, held on the 5th day of 6 November , 2007, by the following vote to wit: 7 COUNCIL MEMBERS 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK AYES NAYS ABSENT ABSTAIN x x y x x x x 15 16 17 18 19 20 21 The foregoing resolution is ~ {Jl=-13~y Cle,k hereby approved this ;?~y of November , 2007. 22 APPROVED AS TO FORM: 23 ~~},~ JAMES F. PENMAN City Attorney 24 By: 25 26 27 28 11/05/2007 EXHIBIT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: James R Miller Vice President of Energy Projects EnerTecb Environmental, Inc. 31205 HannonyHall, Suite 100 San Juan Capistrano, CA 92675 San Bernardino, CA 92402 APN: 0260-081-25-0000 026O-O81-27~ (SARI Pi line) NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between the City of San Bernardino called Grantor, and EnerTech Environmental California LLC . hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grants 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 water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described and shown on Exhibit "A", attached hereto and by this reference made a part hereof THIS EASEMENT IS GRANTED SUBJECT TO TIlE CONDITIONS AS SHOWN ON EXHIBIT "B" ATTACHED AND MADE A PART HEREOF. Date City of San Bernardino, a California municipal corporation By: Print Name: Print Title: Patrick J. Morris Mavor Attest By: Print Name: Print Title: Rachel Clark City Clerk PROJECT NAME: SARI Pipeline APN: 0260-081-25-0000 and 0260-081-27-0000 BEING THAT PORTION OF LOTS 27 AND 29-1/2 OF THE BANDINI DONATION, IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 3, PAGE 24 OF MAPS, AS DESCRIBED IN THE DOCUMENT RECORDED SEPTEMBER 17, 1993 AS INSTRUMENT NO. 93-40033 I, OF OFFICIAL RECORDS, AND AS SHOWN ON THE MAP FILED IN BOOK 100, PAGES 24 AND 25 OF RECORDS OF SURVEYS, ALL RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 10.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE MOST EASTERLY LINE OF SAID LOT 27, SAID POINT BEING THE INTERSECTION OF SAID LINE WITH THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF THE lOO.OO FOOT WIDE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CHANNEL, DESCRIBED AS PARCEL 6B IN THE DOCUMENT RECORDED IN BOOK 7556, PAGE 795 OF OFFICIAL RECORDS, RECORDED IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY; THENCE LEAVING SAID EASTERLY LINE, NORTH 35058'31" WEST ALONG SAID SOUTHWESTERLY LINE I 177.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 54001 '29" WEST 115.00 FEET TO THE POINT OF TERMINATION OF THIS DESCRIPTION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. W P(<v~ ~ 1[\' to? jV 'U2.ALDEN & ....n"SSOCIATES EXHIBIT "A" Civil Engineers - Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614-6236 949-660-0 II 0 Fax: 949-660-0418 LEGAL DESCRIPTION FOR PIPELINE EASEMENT W.O. No.I535-72I-003 Date: 06/06/2007 Engr.1.W. Chk'd. B.1.W. Sheet I of I PROJECT NAME: SARI Pipeline APN: 0260-081-25-0000 and 0260-081-27-0000 Q,.O{>> ~~q- ro"0't- ~ LINE L1 L2 LINE TABLE BEARING N 35'58'31" W S 54'01'29" W DISTANCE 1177.00' 115.00' <OJ- "'6' LOr 29 1/2 TRUE POINT OF BEGINNING aooK 8, Lor 30 EASTERLY LINE LOT 27 ~ N ~ POINT OF COMMENCEMENT SCALE: 1"=200' 'U1ALDEN & ....~SSOCIATES EXHIBIT "B" A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B 'IRVINE, CA 92614-6236 (949) 660-OIlO FAX: 660-0418 W.O. No. 1535-721-003 En r. J, W, Chk'd. B, W. Dote 06/06/07 Sheet 1 of 1 PROJECT NAME: SARI Pioeline APN: 0260-081.25-0000 aod 0260-081-27-0000 EXHIBIT "B" CONDmONS 1. Grantee hereby agrees to defend, indemnify and hold harmless Grantor and its officers and employees from any and all claims, costs, causes of action, or liability for damages to property or personal injury, including death, arising out of or relating to this easement or Grantee's use thereof. Said costs shall include, in the event of legal action, court costs, expenses oflitigation and reasonable attorney's fees. 2. Grantor reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures shall be erected within the limits of this easement including but not limited to buildings, walls, swimming pools, ponds, fences and similar type structures. 3. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's 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 Grantor, as designated by Grantor, provided that Grantor shall grant 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 Grantor the easement herein granted. 4. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT - - ~ State of California } County of San Bernardino On Nov. 7. 2007 before me. Julie M. Frazier-Mathews. Notarv Public, Date Name and TItle of OffIcer (e.g., -Jane Doe, Notary PubIIcj personally appeared Patrick J. Morris Name(s) of SigI'ler(s) ~ personally known to me o (or proved to me on the basis of satisfactory evidence) to be the person(a1 whose name{lll i~ubscribed to the within instrument and acknowledged to me that helsRe,'tl..ilY executed the same in his.4l8t.~eir authorized capacity~), and that by hislllell'll1.ilil 5ignature~ on the instrument the personOO. or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signatur~~ m, ~ SIgnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove vafuabfa to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ~ Place Notary Seal AboIIe Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: o Individual o Corporate Officer - Trtle(s): o Partner - 0 Limned 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: Signer Is Representing: . . . . . . . . 02006 National Notary As8ociaIion -9350 De Soto Ave., p.o. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder; Call ToIl-Free 1-800-876-6827 2007-435 RECORDING REQUESTED BY AND WHEN RECORDED MAll.. TO: James R Miller Vice President of Energy Projects EneJ'I'ech Environmenlal, Inc. 31205 Hannony Hall, Suite 100 San Juan Capistrano, CA 92675 San Bernardino, CA 92402 APN: 0260..o81-25'()()()() 0260..o81-27'()()()() (SARI Pi ine) NO FEE PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement is entered into by and between the City of San Bernardino called Grantor, and EnerTech Environmental California LLC ,hereinafter called Grantee. Grantor in consideration of the mutual promises contained herein, and the public benefit provided, hereby grants 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 water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto, on, under across that certain real property described and shown on Exhibit "A", attached hereto and by this reference made a part hereof. THIS EASEMENT IS GRANTED SUBJECT TO THE CONDITIONS AS SHOWN ON EXHIBIT "B" ATTACHED AND MADE A PART HEREOF. Date //.7-('r7 City of San Bernardino, a California municipal corporation BY~~~ Pri : Patrick Print Tit e: Mayor Attest BY:~. rh;J>) f;y.A_~ Print ame: Rachel Clark Print Title: Citv Clerk PROJECT NAME: SARI Pipeline . APN: 0260-081-25-0000 and 0260-081-27-0000 BEING THAT PORTION OF LOTS 27 AND 29-1/2 OF THE BANDINI DONATION, IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 3, PAGE 24 OF MAPS, AS DESCRIBED IN THE DOCUMENT RECORDED SEPTEMBER 17, 1993 AS INSTRUMENT NO. 93-400331, OF OFFICIAL RECORDS, AND AS SHOWN ON THE MAP FILED IN BOOK 100, PAGES 24 AND 25 OF RECORDS OF SURVEYS, ALL RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 10.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE MOST EASTERLY LINE OF SAID LOT 27, SAID POINT BEING THE INTERSECTION OF SAID LINE WITH THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF THE 100.00 FOOT WIDE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CHANNEL, DESCRIBED AS PARCEL 6B IN THE DOCUMENT RECORDED IN BOOK 7556, PAGE 795 OF OFFICIAL RECORDS, RECORDED IN THE COUNTY RECORDER'S OFFICE OF SAID COUNTY; THENCE LEAVING SAID EASTERLY LINE, NORTH 35058'31" WEST ALONG SAID SOUTHWESTERLY LINE 1177.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 54001 '29" WEST 115.00 FEET TO THE POINT OF TERMINATION OF THIS DESCRIPTION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. ~ p(",f ~ I{\' to? ;/.V "UaALDEN & yn"SSOCIATES EXHIBIT "A" Civil Engineers - Land Surveyors - Planners 2552 White Road, Suite B Irvine, CA 92614-6236 949-660-0110 Fax: 949-660-0418 LEGAL DESCRIPTION FOR PIPELINE EASEMENT W.O. No.1535-721-003 Date: 06/06/2007 EngrJ.W. Chk'd. BJ.W. Sheet I of I PROJECT NAME: SARI Pipeline . . APN: 0260-081-25-0000 and 0260-081-27-0000 LINE L1 L2 LINE TABLE BfARING N 35'58'31" W S 54'01'29" W DISTANCE 1177.00' 115.00' (0;- <"6' Lor 29 1/2 TRUE POINT or BEGINNING aooK 8, Lor 30 fASTERL Y LINE LOT 27 ~ N ~ POINT OF COMMENCEMENT SCALE: 1"=200' ~ALDEN & -~SSOCIATES EXHIBIT . B" A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE B 'IRVINE. CA 92614-6236 (949)660-0110 FAX: 660-0418 W.O. No. 1535-721-003 En r. J.W. Chk'd. B.W. Date 06/06/07 Sheet 1 of 1 PROJECT NAME: SARI Pioeline APN: 0260'()81-25'()()()() and 0260.081-27'()()()() EXHIBIT "B" CONDmONS I. Grantee hereby agrees to defend, indemnify and hold hannless Grantor and its officers and employees from any and all claims, costs, causes of action, or liability for damages to property or personal injury, including death, arising out of or relating to this easement or Grantee's use thereof. Said costs shall include, in the event of legal action, court costs, expenses oflitigation and reasonable attorney's fees. 2. Grantor reserves the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. No structures shall be erected within the limits of this easement including but not limited to buildings, walls, swimming pools, ponds, fences and similar type structures. 3. Grantor reserves the right to require Grantee, at Grantor's expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Grantor that the same will interfere with future development of Grantor's property. Within 180 days after Grantor's 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 Grantor, as designated by Grantor, provided that Grantor shall grant 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 Grantor the easement herein granted. 4. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance of Grantee's improvements on the easement area as provided for herein so as not to unreasonably disturb Grantor's use of its property.