HomeMy WebLinkAbout2007-464
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RESOLUTION NO. 2007-464
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 TRAFFIC
SIGNALS AND HANDICAP RAMP AT NORTHPARK BOULEVARD AND SIERRA
DRIVE, A PRIVATE STREET, NORTHERLY OF ASH STREET.
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 traffic signals and handicap ramp at Northpark Boulevard and
Sierra Drive, a private street, northerly of Ash Street, 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.
/II
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11 108/07
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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 TRAFFIC SIGNALS AND HANDICAP RAMP AT
NORTHP ARK BOULEVARD AND SIERRA DRIVE, A PRIVATE STREET, NORTHERLY OF ASH
STREET.
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:
ABSTAIN ABSENT
NAYS
Council Members: AYES
ESTRADA x
BAXTER x
BRINKER X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
The foregoing resolution is hereby approved this S~ day of December
2007
'-
Approved as to form:
.(J~
MES F. PENMAN
ity Attorney
11/08/07
2
TLR No. SO 07-02
City File No.: 15.02-1513
Location: Northpark & Sierra Dr.
APN: 0265-031-21
RECORDING REQUESTED BY:
The Trustees of The California State University
WHEN RECORDED MAIL TO:
The California Stale University
401 Golden Shore
Long Beach, California 90802-4210
Attention: Land Records. CPDC
NO FEE FOR GOV'T. AGENCY PER G1' 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 caUed Trustees, and City of San Bernardino, hereinafter caUed 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 for construction, use, and maintenance of traffic signals,
handicap ramp, and appurtenant facilities, in, over, under, and across that certain real property described in
Exhibit "A", attached hereto and by this reference made a part hereof.
THE PROVISIONS ON PAGE 2 HEREOF CONSTITUTE A PART OF TIDS GRANT OF
EASEMENT.
Date
NDED:
Davi Mauro
Vice President, Administration & Finance
California State University, San Bernardino
APPROVED AND ACCEPTED: CITY OF SAN
BERNARDINO (GRANTEE)
APPROVED: TRUSTEES OF THE CALIFORNIA
STATE E
By
Patrick J. Morris, Mayor
Attest:
By
Elvyra F. an Juan
Assistant Vice Chanc 1I0r
Capital Planning, Design & Construction
City Clerk
Approved as to form:
James F. Penman, City Attorney
EXHIBIT" 1 "
TLR No. SB 07-02
PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions:
I. This Grant of Easement is subject to existing contracts, [eases, 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 shall be
well and safely maintained by Grantee at all times while this Grant of Easement is operative.
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, indemnity, 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.
5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
6. Trustees reserve 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 accordauce 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.
Page 2 of2
Legal Description of Tratlic Signal and Handicap Ramp Easement
EXHIBIT "A"
Commencing at the intersection of the centerline of University Parkway and Northpark
Boulevard, said point being on a curve, concave northeasterly having a radius of 2328.19 feet, a
radial from said point bears North 390 30' 52" East;
Thence northerly along said curve, and along said centerline of North park Boulevard, through a
central angle of280 44' 20", an arc distance of 1167.79 feet;
Thence continuing along said centerline of North park Boulevard, North 21045' 13" West, a
distance of249.68 feet;
Thence north easterly, at right angles to and leaving said centerline of North park Boulevard, a
distance of 60 feet to the easterly line of said Northpark Boulevard;
Thence southeasterly, along said easterly line, a distance of 31.62 feet to the True Point of
Beginning;
Thence leaving said easterly line, North 17004' 35" East, a distance of 16.98 feet;
Thence North 210 45' 13" West, a distance of28.85 feet;
Thence North 68 014' 47" East, a distance of 15.70 feet;
Thence North 210 45' 13" West, a distance of21.84 feet;
Thence North 660 29' 01" West, a distance of 37.09 feet to a point on said easterly line of
Northpark Boulevard;
Thence South 21045' 13" East, along said easterly line, a distance of 90.02 feet to the True
Point of Beginning,
Contains 1,296.67 square feet, more or less.
TLR No. S8 07-02
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APN, 0265-031-21
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Detail "A"
P.D.B.
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FOR INFORMATION ONLY
DO NOT RECORD
PROPOSED EASEMENT FOR TRAFFIC
SIGNALS, HANDICAP RAMP AND
APPURTENANT F AClLITIES
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
RP A r PRnpPRTV'mrnnN
Created by: J :::;'P-rl ;0"..1
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~~..?:<'~~~~~~~~~~~~ff:<'~..r.b~rf<U")('!>~~~~~.ffi;('>~.rit"~r:<'G:f('~ffX'LY>~f'.t",ii(:>~~~~~
State of California
}
County of LOs. Ang-cl eS
On Ib.O'1.Ql before me,
Date
personally appeared
l5!vyr-a
~f11gha~f;~mit\t(.g~~.C'L'Y P"~~; C-
&(l Juan
Name(s) of Signer(s)
~personally 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/shelthey 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 Notary Seal 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:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
CJ Individual
[j Corporate Officer - Title(s):
[j Partner - == Limited = General
::J Attorney in Fact
, Trustee
C Guardian or Conservator
,-= Other:
Top of thumb here
Signer's Name:
[j Individual
C Corporate Officer - Title(s):
C Partner - [1 Limited [J General
[j Attorney in Fact
C Trustee
[J Guardian or Conservator
[j Other:
RIGHT THur,1BPRINT
OF SIGN En
RIGHT THUr,1BPRIN T
Of- SIGN En
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~"CV't,:";'C~'---"v'-'V'---"v,-"",;A:C;C::~:;~::''V~~,-................_'LAv'--''v~~~~~
@ 2006 National Notary Association. 9350 De Solo Ave., PO. Box 2402 . Chatsworlh, CA 91313.2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800+876-6827