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Home My WebLink About2007-465 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. 2007-465 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 LANDSCAPE INSTALLATION AND MAINTENANCE, GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD, 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 landscape installation and maintenance, generally located along the northwesterly side of Northpark Boulevard, 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 "I" and made a part hereof. //1 /1/ 11129/07 I 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 LANDSCAPE INSTALLATION AND MAINTENANCE, GENERALLY LOCATED ALONG THE NORTHWESTERLY SIDE OF NORTHPARK BOULEVARD, 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 j oint 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 x BRINKER DERRY x KELLEY x JOHNSON x MCCAMMACK x ~ t. ~ fLd:- City Clerk ~ ~ The foregoing resolution is hereby approved this S'7N day of December , 20~ 0.." -. CKJ. MO Mayor San Bernardino Approved as to form: .~ 11/29/07 2 TLR No. 58 07-03 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 - SPACE ABOVE THIS LINE FOR RECORDER'S USE - AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the State of California through its Trustees of the California State University ("Trustees") and the City of San Bernardino ("Grantee"). Trustees pursuant to the provisions of Section 89048 of the Califomia Education Code, and in consideration of the mutual promises contained herein, hereby grant unto Grantee, its successors and assigns, an easement, subject to the rights of Trustees reserved herein, onto, over, across, under and above that certain real property described in Exhibit "A," attached hereto, for the purposes of constructing, and maintaining a landscaped area and for ingress and egress for pedestrians and construction, maintenance and emergency vehicles. This easement for a landscaped area allows walkways, benches, and other hardscape and landscape appropriate for relaxation, study, contemplation, and conversation but prohibits construction of recreational equipment and scheduling for organized sports/activities. It is understood that the ownership of the property is in the State of Califomia dedicated to state university purposes and that Trustees may terminate this easement at any time when Trustees determines the property is needed for other purposes. Further, the Trustees may construct in the easement area signage, an information booth, and other entrance structures welcoming visitors to the university campus. It is also understood that Grantee shall be entitled to transfer the easement granted herein for inclusion in the Grantee's Landscape Maintenance District. PROVIDED, that this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Agreement and Grant of Easement is subject to existing contracts, leases, easements, encumbrances and claims which may affect said real property, and the use of the word "Granr herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any landscaping, improvements and 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. Trustees shall have the right of free access to the easement area at all times in emergency situations. In non-emergency situations, Trustees shall provide adequate notice to Grantee, and shall coordinate university operations in the easement area in a manner mutually agreeable between Grantee and the campus official designated on the signature page of this document, or their respective delegates. 4. Grantee waives all claims against Trustees, its officers, agents and employees, for loss or damage caused by, or arising out of, or in any way connected with the exercise of this easement, and Grantee agrees to save and hold harmless, indemnify and defend Trustees, its officers, agents and employees, from any and all loss, damage and liability caused by, TLR 5B 07-03 Page 1 of 2 EXHIBIT "I" arising out of or in any way connected with the exercise by Grantee of the rights hereby granted, except loss, damage and liability arising out of the sole negligence of the Trustees. 5. The covenants expressed herein shall bind successors and assigns and shall run with the land. Kathy ansen, Director Proc rement and Support Services Califomia State University, San Bernardino APPROVED AND ACCEPTED: CITY OF SAN BERNARDINO (GRANTEE) City Clerk APPROVED: TRUSTEES OF THE ::L1F~;I~ ~~l~ ~I:ITY ~wr Assistant Vice Chancellor Capital Planning, Design & Construction By: Patrick J. Morris, Mayor Attest: Approved as to form: James F. Penman, City Attorney Date (011:007 Date TLR SB 07-03 Page 2 of 2 DESCRIPTION Parcel A A portion of that part of Section 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: 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 ofthe property conveyed to the City of San Bernardino as Parcel Number One in the Deed recorded in Book 724, Page 8 of Deeds, records of said County; thence South 21045'13" East, 462.62 feet to the Point of Beginning, said point being the beginning of a curve, concave easterly, having a radius of 560.00 feet, the radius point of which bears South 73032'25" East; thence northeasterly from a tangent which bears North 16027'35" East, along said curve through a central angle of 4040'36", a distance of 45.71 feet to the beginning of a non-tangent curve, concave easterly, having a radius of 414.61 feet, the radius point of which bears South 61027' 52" East; thence southwesterly from a tangent which bears South 28032'08" West, along said curve through a central angle of 5034'13", a distance of 40.31 feet; thence South 21045'13" East, 7.50 feet to the Point of Beginning. Containing 110 square feet more or less. This description was prepared by me or under my direction in conformance with the Land Surveyor's Act. \AND ~() ........ Sl~ .t ..~~. N1~~...~ u ...~, ~ ~ 0 ::;:~ z.~;o :0 0: . . \ No. 5173 .: ~ M .. . "r Y . . . " """" "~ .. . ..,.- ..'5;..~ ~t Of (,~l\~~~' '\\~~'-.~..::::- TRANS TECH ENGINEERS, INC. DESCRIPTION NORTHPARK CSUSB remanent piece lO-15-07.DOC - - r-.. It) :"" TEMPORARY EASEMENT FOR -': ~7 NORTH PARK BOULEVARD PER ~ ..g BOOK 6784, PAGE 227, O.R. ~<:::> ...,<:::> <:::>' i8 II Q: \ ........ I ........US f>p.i ~.--"'\\ --t'" .-/ I C""~~8'2e"~~X~ \ ' I .-/ \ I "61 ~~ ~ " \ , ____,.....p,O.e. t?""-:\68.69 \.... \ PAR. A l' {r \ I ~ r- \...... 1/4 COIlNEIr \ /~~ I ~~ 01 .... 8 \ / ~ r:-:- _ r- .,...... \ \ \ I \@~ \ \ : \ ..::>' \ \ . \ , 1 ~~v~ \ \ \, O'~, -%. '1.. \ r-..I~ \, G.E. ~ERER SlJRVE\' ~~ <:: <:: ;;:, 1 \ COR. ~ 14 ptt? \ t gig 1i \ \..' C.S. 1 \ \ ..:; l.> l.> <l \ \ ,<>'. ~ I ~ 60' 60' \ \ \ l'" g \, \~, I ,..: \ \ \,.., \ :;:. \' \. \~. I J \\ \\,1 ~ \ \ ,ooY\ 'I ~ \~ \", \ 7? \ '\ " \ \ I \ \\ \ '- \ \ V' \ , \ \ SCALE: 1"=100' \, \ l. PIPELINE EASEMENT\\ \\ ~~ TO CALIFORNIA D. W.n\\ "./ PER BOOK 850J, ~, \tl~ ~ I' PAGE I, O.R. \, '\~, \ \ \<>'.,' TRACT 1850B~1 \\ 1\ \ ~ f T.M. 802181 \\ I \\ \ I' ~ "" \, \ ~ a NORTH PARK BOULEVARD \, I \\ \, " ~ PER CITY RIGHT OF WA y~\ \~ ' ~ MAP J198-R ~ ',_, \ \ 1i ) ~ \ a:> \~ \ a:: L C --Ii \, ce\~~\ ~. L1 I tf ,_~ / . h r: 'I \ 'IX) L2 ::; G\O 1&)07 \ t'I"\ \ \ ..l\~ L3 . UC. NO. 5173 . \.e:.. \~":()/.../ ~ L4 EXP. 6-30-09 \ ~, L5 U'''' ,,'r. \ ~/a ~' -11'~ OF' c~\.\~~ \ J.1"~), Z~ \ "68'"\ f~>~ \ L8 TRANSTECH ENGINEERS, INC. \\ '>~/ \\ \, 624 BREA CANYON ROAD WALNUT, CA 91789 \ \ Cl , I I I / I / P.O,B. PAR. A \ . '. ...;-~..., ..\ SJ..,.."'....... .V' .... ^"' .... <:::> <0 /J~,J ,,<:::>~ ~ ' "c/! ~ It)'<:::>'~ ,.., , 'I:;> 'lti8,'I- .~. "d! 'It 'I:;> 7.50' P.O.B. PAR. A S7.J:12;?, . '{1' 'SF (/?l -"'., ./ t. -t.~ DETAIL 'A' l'" NO SCALE . CALiFORNIA STATE UNIVERSITY SAN BERNARDINO SEE DETAIL 'A' RIB 211B8 PARCEL A 110 S.F. V///.-1 RADIUS BEARING ELTA 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 3616'00" W N 6814'47" E N 21'45'13" W LENGTH 25.64 29.88 26.87 54.49 20.63 46.01 187.71 24.52 tF07'06'16" 560.00 69.44 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT d".(-X'A.'X'..d"'..d"'~,<-:<-~~~....'-':<'~iX',C;<>,?:<>,iX'A~~~~_~_;:iA:'.'ft!':.L"'{'~"C~~~ County of Las ~e,(e~ On ~D. LJd51 } State of California Dale \.-..ill'l c. S(\1I{Yl Name and Title of OHicer (e.g., "Jane Doe, Notary Public") t1v V~ iSM ,,\ Va,r\ Name(s)of Signer(s) before me, personaily appeared ~ersonaily known to me I.u----~=~~:~~l I ...., NIlIe . C .~.... I J.'~: ~ __..... '] (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/she/they executed the same in his/her/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. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons refying 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; individual Corporate Officer - Tille(s): Partner - := Limited := General Attorney in Fact - Trustee Guardian or Conservator Other: Top of 1l,UMb here Signer's Name; := Individual := Corporate Officer - Title(s): := Partner - '= Limited =' General = Attorney in Fact := Trustee := Guardian or Conservator := Other; RIGHTTHUMAPRtNT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of tnumb t",ere Signer Is Representing; Signer Is Representing; t ;:;~'~.:.'. 't: '''~,''t' \..:'<...~, '" '" T...... _'~_ .' _."--"_"--'\.. F~~ .-,:~ .-'., .__'.,'" ';:':.'<:.. ;....-~.'~.. .-<;~. 1~~::<>..~~" /" ~:..'".~.__Y.,"-j,. v ':,~_v :<;.. '," .( ". -~.._~__'. ~.J.. ..---, ~.~ :< ;....- ,'.~'. '~.. _":,,~ ':.-.::r :.~__,.~..;'.:'.~':~ ...._."....."'/. .{.'__. .:-;.'_~ '~ @200t National NOlary Association. 9350 De Solo Ave.. PO. Box 2402 . Chatsworth, CA 91313.2402 Item No_5907v609 RE'order: Call Toll-Free 1-800-876-6827