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HomeMy WebLinkAbout1989-177 . 1 2 3 RESOLUTION NO.__~~~11 4 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, APPROVING A REQUEST FOR A 3D' WIDE TRANSMISSION LINE 5 EASEMENT FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, LYING WITHIN CITY OWNED PROPERTY KNOWN AS DEVIL CANYON. 6 7 8 9 WHEREAS, the City of San Bernardino owns property within Sections 6 & 7, Township 1 North, Range 4 West, San Bernardino Base & Meridian, more specifically known as Assessor's Parcel Numbers 151-241-16 and 151-241-19, 10 11 12 which has been dedicated for Water Department use; and WHEREAS, Southern California Edison Company has requested a 13 14 15 3D' wide transmission line easement lying within said property in order to transmit power generated from the State of California Department of Water Resources Devil Canyon Hydroelectric Power 16 Plant; and 17 18 WHEREAS, the proposed alignment has been reviewed and approved by the Board of Water Commissioners. 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR 20 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 21 A~ COMMON SECTION ONE: That the City of San Bernardino hereby agrees 22 23 24 25 26 27 28 to grant to Southern California Edison Company, a corporation," a 30' wide easement across City owned property for a transmission line in accordance with the agreement which is attached hereto, marked Exhibit "1" and incorporated herein by reference as though fully set forth at length herein. SECTION TWO: That the Mayor of the City of San Bernardino is hereby authorized to execute said Agreement on behalf of the 5-19-89 . . SOUTHERN CAUFORNIA EDISON COMPANY 430 NORTH VINEYARD AVENUE, ONTARIO, CALIFORNIA 91764 Confirming our verbal understanding, it is understood and agreed that you will grant to the Southern California Edison Company, a corporation, an easement across your property in the following location: A 30-foot wide transmission line easement lying within Sections 6 and 7, Township 1 North, Range West, S.8.8.M., as shown in yellow on the attached exhibit "A", by this reference made a part hereof. Consideration: $5,500 A.P.N. 151-241-16 A.P.N. 151-241-19 As soon as the correct description can be written, an easement on our Form RP 200, a copy of which is attached hereto, will be prepared and delivered to you for execution. It is understood and agreed that it may be necessary to commence construction upon completion of the final surveys, prior to the time the formal easement can be prepared and presented to you for execution and delivery of such easement. Job Order No.: 6043 SOUTHERN CAUFORNIA EDISON COMPANY Line Name: Arrowhead-Calectric Devil Canyon-Shandin 115 kv T/ ~ BY______~dL~~~~~~~~~~____ GENIE SANDERS Real Properties Agent We her~by approve, accept and agree to the terms, covenants, and conditions hereinabove set forth,an~ agree to execute the above-mentioned easement in the form referred to: Dat~ /t~ 1. l?!t .. CITY OF SAN BERNARDINO \;;~...'" --I" --- , .,-./ i ' i ~-- YOU'R COpy l\ .\ , , , I )_;_;f,~,..~;,f,;,r,,"rf~~i6:l } . . \:: ':~rf!/t, ',f . . '~:.;"..' :~: "!'~I:;.:t.!1~ l'.DS<I~ ',',-' ".j~k~).(" /' - -...I 'f:.C;t.,~-:, :~. t"" r' . i!./ (:7,t~;~yr.:~.i' ,~:,:,i..'>' ", "' ,. .. /i- PL~'iJ)j'i!b e/d;;iJDA~ Y ~ :.' ,,~iJ .' . . . .. -,-'i7' ,:I'i~, I . :... ai;" ~. 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"" 01 QJQJ'~ .... ~ ........,.e:~ (,) "I )l;~!:- \J Q QUJ OJ ::d:~ ~. $: c: (J) o c: ;:. -0 . j:n Q' ~CT l\:) (1) <.J..I:::u a ::J o ::r o (J) o "'.J~:) o~ OJ ' 0\ (I) ..c.o :u 3 "'.J~o 2 (b (t, o -. . l:>:) , -, 0 (b oC) ~ ~~ ~ l'l!!l ~~@ , I\) ~ .Il;- RECORDING REQUESTED BY ~1EN RECORDED MAIL TO , t) .VbW } (I iTI' \ /,1}' if I /, V ~ ~)/ v /1)) / ~I ,/ ,~/ (tp) vJ- rfJ, (J "~U . ,tv ,)1 ~ I:)... / ~ir .~ SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA EDISON COMPANY P.O. BOX 410 LONG BEACH, CA 90801 ATTN: REAL PROP. AND ADMIN. SER., LAND RIGHTS 'I '" SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX J COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SO. CALIF. EDISON CO. SIGNATUnE or- DECLARANT OR AGENT DETERMINING TAX. FIRM NAME R !? ....l4> 1:'lr~.;zr( Location: A.P.N. GRANT OF EASEMENT THE UNDERSIGNED, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of metal towers, wood and/or metal poles, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, hea t, power, telephone and/or other purposes in, under, on, over, along and across a strip of land, feet wide, hereinafter described and designated as "Right of Way strip," lying within that certain real property of the Grantor, situated in the County of , State of California, described as follows: The sidelines of said right of way strip shall and feet . measured at right angles, respectively following described line: be from foet the -2- t- ., .. . . Grant of Easement , to S.C.E.Co., a corp. Serial No. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, anyone or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantee shall have the right to construct roads, use existing roads and make such additions thereto, on lands of Grantor within and/or adjoining said right of way strip, as shall be neces- sary or convenient to Grantee's access to and use of its right of way strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress from said right of way strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event alternate public roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said right of way strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitClaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said right of way strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted. Grantor reserves for Grantor and Grantor's heirs, successors and assigns, across (but not longitudinally along) said right of way strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, that the exercise of such r.ights does not interfere with or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights. herein granted to Grantee. -3- ~ " 1-. - ','. '.. . '. Grant of Easement , to S.C.E.Co., a corp. Serial No. It is further understood and agreed that no other easement or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of Graritee. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the heirs, successors and assigns of Grantor and the successors and assigns of Grantee. this IN WITNESS WHEREOF, day of Grantor has executed ,19_ this instrument // 'xda/?~~h-.I;( / cl!6 1 /1..tl~ /' ,-. ~). J ' , {/ t'L,.. /(J; ,/''1--- (; I 2", ;/!/C~.(J-./;&-=, / GRANTOR COUNTY OF ) ) SSe ) STATE OF CALIFORNIA On this day of 19____, before me, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument, and acknowledged to me that executed the same. WITNESS my hand and official seal. RW 200 Rev. 10/06 -4- r-/.<~ ! --7' ,-"7 ?r /- / I RS~ORDING REQUESTED BY SGUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY P.O. BOX 410 LONG BEACH, CA 90801 ATTN: REAL PROP. AND ADMIN. SER., LAND RIGHTS SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SO. CALIF. EDISON CO. SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME i "~~~ ,Q::; ., !, kJ c-,; ~ i~ ': I !~ ~ I:: ~ kJ1 ~ ::::. ~!' >-. <: ~ ~o;,~ ~ 0.. ' ~~s j 00.. Q:: , ,~ ~ (:r:; ~l \ co l~ ~ l'~~~ ~~~ ~~c.il I Q:: ',~ I ~ a::::..., Vi ....., .... i Location: City of San Bernardino A.P.N. 151-241-16, 19 GRANT OF EASEMENT THE CITY OF SAN BERNARDINO, a municipal corporation, organized under the laws of the State of California, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of metal towers, wood and/or metal poles, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes in, under, on, over, along and across a strip of land, 30.00 feet wide, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, si tuated in the County of San Bernardino, State of California, described as follows: All those portions of Sections 6 and 7, Township 1 North, Range 4 West within the Muscupiabe Rancho, in the County of San Bernardino, State of California, as said Rancho is shown on a map recorded in Book 7, page 23 of Maps, in the office of the County Recorder of said County, included within the following: BEGINNING at Corner No.1, as established by George E. Sherer, May 15, 1921, said corner being identical with the Northwest corner of the Wiggins's Tract as recorded in Book 3, page 74 of Maps, records of said County; thence North 363.00 feet to Corner No.2, as established by said George E. Sherer, said corner being identical wi th the Southeast corner of said Section 7, (unsurveyed); thence South 890 47' West, measured along the Southerly line of said Section 7, 1,126.30 feet, to Corner No.3, as established by said George E. Sherer, said corner being the Southeasterly corner of tract shown on a map of the Irvington Land and Water Company's Subdivision of a part of the Muscupiabe Rancho, recorded in Book 1, page 32 of Records of Survey, in the office of said County Recorder; thence North 370 30' West, 1,252.68 feet to Corner No.4, as established by said George E. Sherer; thence North 650 00' West, 1,799.8 feet to Corner No.5, as established by said George E. Sherer; thence North 00 19' East, 2,800.66 feet to Corner No.6, as established by said George E. Sherer; thence North 230 25' East, 1,110.47 feet to Corner No.7, as established by said George E. Sherer; thence North 840 34' East, 404.21 feet to Corner No.8, as established by said George E. Sherer; thence North 360 43' East, 744.00 feet to Corner No.9, as established by said George E. RW 201 Rev. 6/79 Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A Sherer; thence North 120 10' East, 1,208. 11 feet to Corner No. 10, as established by said George E. Sherer; thence North 740 19' West, 291.58 feet to Corner No. 11, as established by said George E. Sherer, said corner being identical with Corner M-24 of said Rancho Muscupiabe; thence North 250 56' East, 6,309.40 feet to Corner No. 12, as established by said George E. Sherer, said corner being identical wi th Corner M-25 of said Rancho Muscupiabe; thence South 70 23' West, 5,330.70 feet to Corner No. 13, as established by said George E. Sherer, said corner being identical with Corner M-26 of said Rancho Muscupiabe; thence South 00 25' East, 5,212.00 feet to Corner No. 14, as established by said George E. Sherer, from which point, the East Quarter Corner of said Section 7, bears East, 129.47 feet; thence South 210 48' East, 3,234.15 feet to Corner No. 15, as established by said George E. Sherer, said corner being on the Northerly line of said Wiggin's Tract; thence Westerly, along the Northerly line of said Wiggin's Tract, 1,071.28 feet to the BEGINNING. EXCEPTING THEREFROM, that portion of said Section 7, granted to the San Bernardino County Flood Control District by that certain Grant Deed recorded June 07, 1974 in Book 8447, pages 1163 through 1165, inclusive, of Official Records, in the office of said County Recorder. ALSO EXCEPTING THEREFROM, all that portion of said Section 7, lying Southerly of the Southerly line of said San Bernardino County Flood Control District's property mentioned hereinabove. ALSO EXCEPTING THEREFROM, that portion of said Rancho Muscupiabe described as follows: BEGINNING at a I-inch brass cap, marked "M-25", marking Corner M-25 of said Rancho Muscupiabe, set to replace the 4-inch by 4-inch cast iron marker, shown on the Official Plat of said Rancho Muscupiabe; thence from said point of BEGINNING, South 250 35' 39" West, 1,454.83 feet, measured along the Westerly line of said Rancho Muscupiabe, to the intersection of said Westerly line with the Section line in common in Sections 31 and 32, Township 2 North, Range 4 West, San Bernardino Meridian; thence continuing along said Westerly line, South 250 36' 09" West, 1,377.01 feet to a 4-inch square iron pipe with steel plate, marked "L. S. 2109" , set at the intersection of said Westerly line and the Township line between said Section 31, and said Section 6, said 4-inch square iron pipe being the TRUE POINT OF BEGINNING of this description; thence continuing along said Westerly line, South 250 36' 34" West, 2,846.61 feet to a point from which said 4-inch square iron pipe, set for said Rancho Corner M-24 and said Corner No. 11 of San Bernardino City Boundary, bears South 250 36' 34" West, 630.72 feet; thence leaving said Westerly line, South 830 27' East, 271.16 feet; thence along the following courses: South 060 West, 191.05 feet; South 440 14' East, 265.19 feet; East, 350.00 feet; North 410 II' East, 106.30 feet; North 280 04' East, 34.00 feet; North 110 38' East, 69.43 feet; North 500 43' West, 28.42 feet; North 130 52' East, 158.62 feet; North 060 45' East, 93.65 feet; North 320 37' East, 59.36 feet; North 020 15' East, 153.12 feet; North 280 31' East, 52.35 feet; North 050 43' East, 80.40 feet; North 210 14' East, 129.81 feet; North 370 42' East, 27.80 feet; -2- Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A North 470 53' East, 70.09 feet; North 410 II' East, 21.26 feet; North 300 East, 40.00 feet; North 160 42' East, 34.82 feet; thence South 740 45' East, 121.75 feet to a point in that certain course recited as "South 060 54' 40" West, 332.42 feet", in the Westerly line of Parcel 1 of the Easement to the State of California, recorded May 25, 1967, in Book 6826, page 86 of Official Records, in the office of said County Recorder; thence along said Westerly line, the following courses: North 060 54' 40" East, 288.14 feet to a 3/4-inch iron pipe with brass plug, marked "Sl-72"; North 020 21' 12" West, 730.62 feet to a 3/4-inch iron pipe with brass plug, marked "Sl-71"; North 620 54' 16" East, 483.01 feet to a 3/4-irich iron pipe with brass plug, marked "Sl-70"; thence leaving last said Westerly line, North 320 31' 32" West, 863.30 feet to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM, any portion lying wi thin Tract No. 13436, shown on a map recorded in Book 197, pages 29 through 31, inclusive, of Maps, in the office of said County Recorder. The centerline of said right of way strip, 30.00 feet wide, is described as follows: BEGINNING at a point in the Northerly line of Kendall Drive, said point being South 570 49' 30" East, 3.00 feet from a found 1-1/4-inch iron pipe, open, and accepted as the Southwest corner of Lot 24, Tract No. 2404, as shown on map recorded in Book 34, pages 52 and 53 of Maps, in the office of the County Recorder of said County, said iron pipe being North 570 49' 30" West, 899.87 feet, measured along the Northerly line of Kendall Drive, as shown on said Tract No. 2404, from a found San Bernardino County Flood Control District brass cap monument in concrete clay, accepted as the Southeasterly corner of Lot 16 of said Tract No. 2404; thence along the following courses: North 320 10' 30 East, 2,171.63 feet; North 230 22' 23 West, 970.79 feet; North 460 12' 07 East, 795.02 feet; North 030 15' 18 West, 467.04 feet; North 370 22' 14 East, 812.66 feet; North 270 37' 02 East, 525.04 feet; North 230 49' 12" East, 480.08 feet, to a point, said last mentioned point being South 240 30' 35" East, 897.64 feet from a found I-inch iron pipe wi th tag missing, accepted as Sherer's Corner #10, as shown on map of Tract No. 13436, recorded in Book 197, pages 29 through 31, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County; thence continuing the following courses: North 130 12' 43" West, 1,093.97 feet; North 180 48' 08" East, 1,228.56 feet; North 100 OS' 55" West, 723.40 feet; North 480 15' 22" East, 334.10 feet; South 730 10' 36" East, 69.85 feet to a point, said last mentioned point being North 300 12' 32" West, 2,152.98 feet from a found 4-inch by 4-inch steel post, concrete filled, set at a point in the Muscupiabe Rancho Line, and shown as Corner No. 26, as said corner is shown on Plat Map of said Muscupiabe Rancho, recorded in Book 7, page 23 of Maps, in the office of the County Recorder of said County, said found 4-inch by 4-inch steel post being South 070 26' 36" West, 2,726.59 feet, measured along said Muscupiable Rancho Line from the Northeast corner of said Section 6. -3- Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A Approved as to description / /) / ,I Signed (, ,t :0"~ ~AJeU-. Date / '1' Ie;, //'90 , .{ Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, anyone or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantee shall have the right to construct roads, use existing roads and make such additions thereto, on lands of Grantor wi thin and/or adj oining said right of way strip, as sha 11 be neces- sary or convenient to Grantee's access to and use of its right of way strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress from said right of way strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event al ternate public roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said right of way strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said right of way strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted. Grantor reserves for Grantor and Grantor's successors and assigns, across (but not longitudinally along) said right of way strip, rights for (I) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, that the exer- cise of such rights does not interfere wi th or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee. It is further understood and agreed that no other ease- ment or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of Grantee. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefi t of the successors and assigns of Grantor and the successors and assigns of Grantee. -4- Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A IN WITNESS WHEREOF, Grantor has caused this instrujIlent to be executed by its officers thereunto duly authorized, this Jd~day of (~fib.iA., 19 -f!2- · THE CITY OF a municipal ~~~ Bya~ ~ \.... Secr ary ~~ COUNTY OF ) ) SSe ) STATE OF CALIFORNIA On this day of ,19 , before me, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the , and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the City of San Bernardino, the municipal corporation that executed the wi thin instrument, and acknowledged to me that they executed the same on behalf of such municipal corporation. WITNESS my hand and official seal. -5- RECORDING REQUESTED BY S:OUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY P.O. BOX 410 LONG BEACH, CA 90801 ATTN: REAL PROP. AND ADMIN. SER., LAND RIGHTS SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SO. CALIF. EDISON CO. SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX. FIRM NAME Location: City of San Bernardino A.P.N. 151-241-16, 19 GRANT OF EASEMENT THE CITY OF SAN BERNARDINO, a municipal corporation, organized under the laws of the State of California, hereinafter called "Grantor" , hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of metal towers, wood and/or metal poles, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes in, under, on, over, along and across a strip of land, 30.00 feet wide, hereinafter described and designated as "Right of Way Strip," lying wi thin that certain real property of the Grantor, si tuated in the County of San Bernardino, State of California, described as follows: All those portions of Sections 6 and 7, Township 1 North, Range 4 West within the Muscupiabe Rancho, in the County of San Bernardino, State of California, as said Rancho is shown on a map recorded in Book 7, page 23 of Maps, in the office of the County Recorder of said County, included within the following: BEGINNING at Corner No.1, as established by George E. Sherer, May 15, 1921, said corner being identical with the Northwest corner of the Wiggins's Tract as recorded in Book 3, page 74 of Maps, records of said County; thence North 363.00 feet to Corner No.2, as established by said George E. Sherer, said corner being identical wi th the Southeast corner of said Section 7, (unsurveyed); thence South 890 47' West, measured along the Southerly line of said Section 7, 1,126.30 feet, to Corner No.3, as established by said George E. Sherer, said corner being the Southeasterly corner of tract shown on a map of the Irvington Land and Water Company's Subdivision of a part of the Muscupiabe Rancho, recorded in Book 1, page 32 of Records of Survey, in the office of said County Recorder; thence North 370 30' West, 1,252.68 feet to Corner No.4, as established by said George E. Sherer; thence North 650 00' West, 1,799.8 feet to Corner No.5, as established by said George E. Sherer; thence North 00 19' East, 2,800.66 feet to Corner No.6, as established by said George E. Sherer; thence North 230 25' East, 1,110.47 feet to Corner No.7, as established by said George E. Sherer; thence North 840 34' East, 404.21 feet to Corner No.8, as established by said George E. Sherer; thence North 360 43' East, 744.00 feet to Corner No.9, as established by said George E. RW 201 Rev. 6/79 YOUR copy Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A Sherer; thence North 120 10' East, 1,208.11 feet to Corner No. 10, as established by said George E. Sherer; thence North 740 19' West, 291.58 feet to Corner No. 11, as established by said George E. Sherer, said corner being identical with Corner M-24 of said Rancho Muscupiabe; thence North 250 56' East, 6,309.40 feet to Corner No. 12, as established by said George E. Sherer, said corner being identical wi th Corner M-25 of said Rancho Muscupiabe; thence South 70 23' West, 5,330.70 feet to Corner No. 13, as established by said George E. Sherer, said corner being identical with Corner M-26 of said Rancho Muscupiabe; thence South 00 25' East, 5,212.00 feet to Corner No. 14, as established by said George E. Sherer, from which point, the East Quarter Corner of said Section 7, bears East, 129.47 feet; thence South 210 48' East, 3,234.15 feet to Corner No. 15, as established by said George E. Sherer, said corner being on the Northerly line of said Wiggin's Tract; thence Westerly, along the Northerly line of said Wiggin's Tract, 1,071.28 feet to the BEGINNING. EXCEPTING THEREFROM, that portion of said Section 7, granted to the San Bernardino. County Flood Control District by that certain Grant Deed recorded June 07, 1974 in Book 8447, pages 1163 through 1165, inclusive, of Official Records, in the office of said County Recorder. ALSO EXCEPTING THEREFROM, all that portion of said Section 7, lying Southerly of the Southerly line of said San Bernardino County Flood Control District's property mentioned hereinabove. ALSO EXCEPTING THEREFROM, that portion of said Rancho Muscupiabe described as follows: BEGINNING at a I-inch brass cap, marked "M-25 ", marking Corner M-25 of said Rancho Muscupiabe, set to replace the 4-inch by 4-inch cast iron marker, shown on the Official Plat of said Rancho Muscupiabe; thence from said point of BEGINNING, South 250 35' 39" West, 1,454.83 feet, measured along the Westerly line of said Rancho Muscupiabe, to the intersection of said Westerly line with the Section line in common in Sections 31 and 32, Township 2 North, Range 4 West, San Bernardino Meridian; thence continuing along said Westerly line, South 250 36' 09" West, 1,377.01 feet to a 4-inch square iron pipe with steel plate, marked "L.S. 2109", set at the intersection of said Westerly line and the Township line between said Section 31, and said Section 6, said 4-inch square iron pipe being the TRUE POINT OF BEGINNING of this description; thence continuing along said Westerly line, South 250 36' 34" West, 2,846.61 feet to a point from which said 4-inch square iron pipe, set for said Rancho Corner M-24 and said Corner No. 11 of San Bernardino City Boundary, bears South 250 36' 34" West, 630.72 feet; thence leaving said Westerly line, South 830 27' East, 271.16 feet; thence along the following courses: South 060 West', 191.05 feet; South 440 14' East, 265.19 feet; East, 350.00 feet; North 410 11' East, 106.30 feet; North 280 04' East, 34.00 feet; North 110 38' East, 69.43 feet; North 500 43' West, 28.42 feet; North 130 52' East, 158.62 feet; North 060 45' East, 93.65 feet; North 320 37' East, 59.36 feet; North 020 15' East, 153.12 feet; North 280 31' East, 52.35 feet; North 050 43' East, 80.40 feet; North 210 14' East, 129.81 feet; North 370 42' East, 27.80 feet; -2- ... Grant of Easement The city of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A North 470 53' East, 70.09 feet; North 410 11' East, 21.26 feet; North 300 East, 40.00 feet; North 160 42' East, 34.82 feet; thence South 740 45' East, 121.75 feet to a point in that certain course recited as "South 060 54' 40" West, 332.42 feet", in the Westerly line of Parcel 1 of the Easement to the State of California, recorded May 25, 1967, in Book 6826, page 86 of Official Records, in the office of said County Recorder; thence along said Westerly line, the following courses: North 060 54' 40" East, 288.14 feet to a 3/4-inch iron pipe with brass plug, marked "SI-72"; North 020 21' 12" West, 730.62 feet to a 3/4-inch iron pipe with brass plug, marked "Sl-71"; North 620 54' 16" East, 483.01 feet to a 3/4-inch iron pipe with brass plug, marked "SI-70"; thence leaving last said Westerly line, North 320 31' 32" West, 863.30 feet to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM, any portion lying wi thin Tract No. 13436, shown on a map recorded in Book 197, pages 29 through 31, inclusive, of Maps, in the office of said County Recorder. The centerline of said right of way strip, 30.00 feet wide, is described as follows: BEGINNING at a point in the Northerly line of Kendall Drive, said point being South 570 49' 30" East, 3.00 feet from a found 1-1/4-inch iron pipe, open, and accepted as the Southwest corner of Lot 24, Tract No. 2404, as shown on map recorded in Book 34, pages 52 and 53 of Maps, in the office of the County Recorder of said County, said iron pipe being North 570 49' 30" West, 899.87 feet, measured along the Northerly line of Kendall Drive, as shown on said Tract No. 2404, from a found San Bernardino County Flood Control District brass cap monument in concrete clay, accepted as the Southeasterly corner of Lot 16 of said Tract No. 2404; thence along the following courses: North 320 10' 30" East, 2,171.63 feet; North 230 22' 23" West, 970.79 feet; North 460 12' 07" East, 795.02 feet; North 030 15' 18" West, 467.04 feet; North 370 22' 14" East, 812.66 feet; North 270 37' 02" East, 525.04 feet; North 230 49' 12" East, 480.08 feet, to a point, said last mentioned point being South 240 30' 35" East, 897.64 feet from a found I-inch iron pipe wi th tag missing, accepted as Sherer's Corner #10, as shown on map of Tract No. 13436, recorded in Book 197, pages 29 through 31, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County; thence continuing the following courses: North 130 12' 43" West, 1,093.97 feet; North 180 48' 08" East, 1,228.56 feet; North 100 05' 55" West, 723.40 feet; North 480 15' 22" East, 334.10 feet; South 730 10' 36" East, 69.85 feet to a point, said last mentioned point being North 300 12' 32" West, 2,152.98 feet from a found 4-inch by 4-inch steel post, concrete filled, set at a point in the Muscupiabe Rancho Line, and shown as Corner No. 26, as said corner is shown on Plat Map of said Muscupiabe Rancho, recorded in Book 7, page 23 of Maps, in the office of the County Recorder of said County, said found 4-inch by 4-inch steel post being South 070 26' 36" West, 2,726.59 feet, measured along said Muscupiable Rancho Line from the Northeast corner of said Section 6. -3- .- Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A Approved as to description Signed d-'P~ ~~~44-. Date /9/G./90 r I Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, anyone or more, or all, of the easements and rights, including but not limi ted to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantee shall have the right to construct roads, use existing roads and make such addi tions thereto, on lands of Grantor within and/or adjoining said right of way strip, as shall be neces- sary or convenient to Grantee's access to and use of its right of way strip located on the lands of the Grantor or on lands of others, and the right to use all necessary and convenient means of ingress to and egress from said right of way strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event al ternate public roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said right of way strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said right of way strip, free from explosives, buildings, equipment, brush, combustible material and any .and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted. Grantor reserves for Grantor and Grantor's successors and assigns, across (but not longitudinally along) said right of way strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however, tha t the exer- cise of such rights does not interfere wi th or endanger, in the opinion of Grantee, the operation or maintenance of the electric lines of Grantee, or Grantee's ready access to its said electric lines, or the exercise of any of the rights herein granted to Grantee. It is further understood and agreed that no other ease- ment or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of Grantee. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefi t of the successors and assigns of Grantor and the successors and assigns of Grantee. -4- 4 Grant of Easement The City of San Bernardino, a municipal corporation, to S.C.E.Co., a corp. Serial No. 61006A IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ~OlAday of ~, 19f-!L. THE CITY OF SAN BERNARDINO, a municipal corporatO n Pl. t::::S iuent ;t>t 4- Y p /l. BY~~~rY COUNTY OF ) ) SSe ) STATE OF CALIFORNIA On this day of ,19 , before me, a Notary Public in and for said State, personally appeared , personally known to me {or proved to me on the basis of satisfactory evidence} to be the , and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the City of San Bernardino, the municipal corporation that executed the within instrument, and acknowledged to me that they executed the same on behalf of such municipal corporation. WITNESS my hand and official seal. -5-