No preview available
HomeMy WebLinkAbout2007-463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ?007-L.!;1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR THE REALIGNMENT OF NORTHP ARK BOULEVARD RIGHT OF WAY, SOUTHERLY OF CAMPUS PARKWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, acceptance of a Grant of Easement from the Trustees of the California State University for the realignment of North park Boulevard right of way, southerly of Campus Parkway, subject to the conditions as set forth therein and more specifically described in said Grant of Easement, a copy of which is attached hereto as Exhibit ''1'' and made a part hereof. III III 11/08/07 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF ACCEPTANCE OF A GRANT OF EASEMENT FROM THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY FOR THE REALIGNMENT OF NORTHPARK BOULEVARD RIGHT OF WAY, SOUTHERLY OF CAMPUS PARKWAY. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof held on the 3rd day of December , 20~, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x x JOHNSON MCCAMMACK x hc.~~ City Clerk ~ The foregoing resolution is hereby approved this SJ"1l day of December , 20 ~ Approved as to form: 11108/07 2 ." TLR No. S8 04-01 City File No.: Location: APN: RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore Long Beach, California 90802-4210 Attention: Land Records. CPDC NO FEE fOR GOV'T. AGENCY PER G.c. 27383 - SPACE ABOVE THIS LINE FOR RECORDER'S USE- GRANT OF EASEMENT This Grant of Easement 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 construct, use, maintain, alter, repair and replace a public road and appurtenant facilities upon, over and across that certain real property described on Exhibit "A" and shown on Exhibit "B", attached hereto and by this reference made a part hereof. THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TillS GRANT OF EASEMENT. Date APPR7!&O L, OMMENDED: -~~"- David eMauro Vice President, Administration and Finance California State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) APPROVED: TRUSTEES OF THE CALIFORNIA STAT IVE IT By. U El vyra F San Assistant Vice Ch ncellor Capital Planning, Design & Construction By Patrick J. Morris, Mayor Attest: City Clerk Approved as to form: James F. Penman, City Attorney EXHIBIT "1" TLR ~o, S8 04-01 PROVIDED, this Agreement and Granl of Easemenl is subject to the following terms and conditions: I. ThtS Grant of Easement is subject to existing contracts. ,"ases. licenses, easements, encumbrances, and claims which may affect said real propeny and lhe 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 propeny installed under the authority of this easement shall be well and safely maintained by Grantee at all times whi," this Grant of Easement is operative. 3. 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 hannless, 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, except those arising out of the sole negligence of Trustees. 4. Trustees reserve the right to use said real propeny in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 5. As partial consideration for this Grant of Easement, Grantee shall vacate, as promptly as practical, the road easement recorded March 9, 1967, in Book 6785, Page 227, Official Records of San Bernardino, California. Grantee shall ensure that both the Grant of Easement and the Vacation Resolution shall be recorded simultaneously. 6. 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, vacate this easement pursuant to Streets and Highways Code Section 8300 et. seq., and shall initiate proceedings to vacate said easement within 90 days from written demand by Trustees to vacate said easement subject to all findings being made as required in said Streets and Highways Code Section. Upon the successful completion of the vacation of this easement and upon service of written demand by Trustees, without cost to Trustees and within 90 days from said written demand, Grantee shall remove all improvements or other propeny 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. pJoe 2 0 f ~ UHtalT"A" DESCRIPTION Parcel A A portion of that part of Sections 7 and 8, Township I North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Rancho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Beginning at Comer Number 14, as established by George E. Sherer, on the Map on file in the Office of the County Surveyor, as C.S. No, 1780; thence North 00027'54" West, along the east line of that parcel of land conveyed to the City of San Bernardino as Parcel I by instrument recorded in Book 724 of Deeds, Page 8 in the Offiee of the Recorder of said County, 20.63 feet to a point on the northerly boundary of the 1. R. Munn Jr. property (136.350 acres, more or less), as delineated and shown on that certain map filed in Book 21, Pages 98 and 99 of Records of Surveys, in the Office of the County Recorder; thence along said northerly boundary, North 67058'28" East, 168.69 feet; thence continuing along said boundary, South 36016'00" East, 46.01 feet; thence leaving said boundary, South 68014'47" West, 187.71 feet to the east line of that parcel of land conveyed to the City of San Bernardino as Parcel I by instrument recorded in Book 724 of Deeds, Page 8 in the Office of the Recorder of said County; thence along said east line, North 21045' 13" West, 24.52 feet to the Point of Beginning. Containing 0.18 acres more or less. Parcel B A portion of that part of Section 8, Township I North, Range 4 West, San Bernardino Meridian (unsurveyed), lying within the Raneho Muscupiabe, per plat recorded in Book 7 of Maps, Page 23, records of San Bernardino County, State of California, more particularly described as follows: Commencing at Comer Number 14 as delineated on the G.E. Sherer survey on file in the County Surveyor's Office as C.S. No. 1780, said point being on the easterly line of the property conveyed to the City of San Bernardino as Parcel Number I in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21 045' 13" East, 809.03 feet to the Point of Beginninl, said point being the beginning ofa curve, concave easterly, having a radius of 440.00 feet, the radius point of which bears North 68014'47" East; thence northeasterly from a tangent which bears North 21045'13" West, along said curve through a central angle of 45019'04", a distance of 348.02 feet to a tangent compound reverse curve, concave westerly, having a radius of 560.00 feet; thence along said curve, through a central angle of28047' I I", a distance of281.35 feet; thence South 67043'19" West, 25.64 feet; thence ~orth 36016'00" West, 240.76 feet; thence South 68014'47" West, 29.88 feet; thence South 66045'13" East, 26.87 feet; thence South 21045' 13" East, 54.49 feet to a tangent curve, concave westerly, having a radius of 440.00 feet, thence along said curve, through a central angle of 450 19'04", a distance of 348.02 feet to a tangent compound reverse curve, concave easterly, having a radius of 560.00 feet; L:ESCRiFT.:ON N,)R":'J-:PA8K FROM ':S:"~SB 7-:..;-1):. cae thence along said curve, through a central angle of 07006'16", a distance of 69.44 feet; thence South 21045'])" East, 346.41 feet to the Point of Beginning. Containing 1.34 acres more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. TRANSTECH ENGINEERS, INC. 1fa~~~--'? s/2/tJj avid B. aglan S 5173 Date License Expires 6/30/09 \.AND g,Q ............S,,~ ~ .."S> ~. ~-4d;... ~ $J/~ -,.:.0 -' i !If: ~ \ ,0 :0 0 i J \. No. 5173 .: ...... .. .. .. ~i 'l( 01 r~t.\~\)'!:;;.-. \...,""",,~ ~ESCR:P':'ICN NCRTHPARK FROM CSUSB --1'7-07.DOC \ \~~~~~r"" \ \ ,,~ "~~~'I-~~'<,, \ /" ~~\,U\~\'~~ .;A,\ \ p,o.c.B' \ Cr ''je~~ " . <1' \ "'\ 1~ A \I.. J'~,~e. ~.' . .. ~~ ...... \ '. \ \ ~[;;. . ,\,1 1/' .... . \ _~-- \ ~- '.- _ ZJ B..- -- --- . ~ T" 129.J4' I ... \ \ \ I '&~ \ \ 1t."tQ \ \ \ I v. , \ \ \ . ~ '*- G \..~ ~R \ \L'"\- \ I ~ / " .E. st;Ie.Re., SlJR.e. ~ ;,., / j/ '. ., COR. rf~/4 pte \ I "'Ii ,/ ,'/ . C.S. 1 \ \ <l ./.... .. / \ \ \~ " I ~ 0 ..60'/ /€ cl--' \ \ \ ~ ~Z 0 ." \ \ \ \ ~~. I=:: I ~ ci // ;/"'././.. '- ' TEMPORARY EASEMENT FOR \ \ \ \ ~ ~ I ~ i/...~-{/ /7 ;:: / NORTH PARK BOULEVARD PER \ \ \ \. VI VI Cl: / .'_.. ) /, / ~. BOOK 6784, PAGE 227, OR. \ \ \ ~\ I '" /;/V/~ ~ \ ~,OO' \ \ ~\ I ~ .,f'/"/'//!.'~ ~ \ \ '" /: / . /' <:l "l . / / , . ~ I 1/(/' .', ,/ .'-1 '-..1 \ \ \ ...., >' // //',./ . <:l' \ \ I .; / .f ,/ / /8 \ \ \ \ I / // 1,/ /' II " \ \ \ I \ -;<.lt1/ ,/ <9 \ \ \ \ '/"~ I / ,/ ! \ \ \ \1 .... /. . .'"-_ I ,/ \ ~ ..<;l/.//)<-/ PIPf:LINE EASEMENT \ \ \ 1\ / / // (// // TO CALIFORNIA D. W.R\\ \ \ ' ; ./7 /. '" PER BOOK 850J, ~\ \P~:/ ....//...., <:l PAGE I, O.R. \ \ r ' \ ~ i)'/ / ..' ~ TRACT 15509-1 \~ 1\.' \:', , .</.: ~ 1.M. 802/81 \\ ,'\ \ I~ / "Q '\ . \ <:l NORTH PARK BOULEVARD \ \ I '\ \ I . ~ PER CITY RIGHT OF WAY \.. ." ~ MAP J/98-R I ~ \~ \ ! L C ~\~\ L1 ~\~\ L ~ \:t" \ ...t' LJ ~ \:t":O_-"';~ ~ L4 __~ \ L5 -0 \ ,1"~} ~~ \ e,\4 ~~ \ ~~__~-, , L8 , - P,O,B. \ \ PAR. B ' Cl SHEET 1 OF 1 I5XHfSIT ~r CALiFORNiA ST A 1E UNiVERSiTY SAN BERNARDiNO R/S 21/98 SCALE: 1"=100' PARCEL A PARCEL B 0.18 ACRES ~ 1.34 ACRES I .' " ,I /1 BEARING DELTA N 67"43'19" E S 6814'47" W S 66"45'13" E S 21'45'13" E N 00'27'54" W N 36"16'00" W N 68"14'47" E N 21"45'13" W RADIUS LENGTH 25.64 29.88 26.87 54.49 20.63 46.01 187.71 24.52 TRANS TECH ENGINEERS, INC. 624 BREA CANYON ROAD WALNUT. CA 91789 1>=07'06'16" 560.00 69.44 .........._ .... DIDlCA_ f1lCIll ca.... CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT <X'h('.c<',);-:C~f:<'~~~~~rx'~.n<'hC~.?::<'~r:.c.D('r:c.fi<'.r.<'r<'..iX'~.if:<'.?;<'r:c.c:c.ii<'f:('.E<'..iX'.r.<'-C:<'f:(:'.r:<'n<'~.c(>...b('.&:'..c:<'r:<'rX'..(X County of l.OS ^nJd I",~ On p.n't.D'l Dale personally appeared j3\1Y(tl } State of California before me, -WLaghQQm.SdT,t1~Ltb'J,,~r~~i'"} FU 011 C SaY! Ju.af1 Name(s} of Signer(S) ~ - - - - - - :: - - -- --I ...~~w c .... 'e C::n #.17..... 1I IIDIaIY PuIIlIC . CAI IIlla I I 01.... C~ j '-_. _ _ ..,Cclml~et~~ ~erSOnally known to me o (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/sheJthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Nolary Sea! Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: [J Individual [J Corporate Officer - Title(s): C Partner - [' Limited C General , ' Attorney in Fact Trustee --.! Guardian or Conservator Other: Top of thumb here Signer's Name: ['Individual C Corporate Officer - Title(s): [] Partner - = Limited LJ General [1 Attorney in Fact C! Trustee ::J Guardian or Conservator ::JOther: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNFR Top of thumb here Signer Is Representing: Signer Is Representing: U~~:;<:.;'t:.~A~:::IV~'C:-V~~:"7'--."--;'(-:YO;::~_"",'!:^=-'!::::::~V_~,y'!:~"'--_'__'C:Av~'~.:;'I::(~"'-_'~~:>v....-:-_^:'C::r,,~...:o:::_"'~777v-'::~(.::'.::v'C;;c,'<:":'( (Q 2006 National Notary Association. 9350 De Sote AI/e., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No 59071/609 Reorder: Call ToU-Free 1.800-876.6827