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HomeMy WebLinkAbout1988-108 " 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. 88-108 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE GRANTING OF A GRANT OF EASEMENT BY THE CITY OF SAN BERNARDINO TO THE CALNEV PIPE LINE COMPANY. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: That the City of San Bernardino enter into and grant a Grant of Easement to the Calnev Pipe Line Company, 11 its successors and assigns, the right and easement at any time 12 or times to construct, excavate for, maintain, inspect, operate, 13 protect, replace, change the size of, and remove a pipe line or 14 pipe lines, control facilities, and other appurtenances for the 15 transportation of oil, oil products, gas, water, and other 16 fluids, along a route to be selected by the Calnev Pipe Line 17 Company, with the continuous right of ingress and egress to and 18 from said pipe line or pipe lines and appurtenances, over and 19 through and in the lands situated in the County of San Bernar- 20 dino and State of California, set forth and described in the 21 Grant of Easement marked Exhibit "An attached hereto and made a 22 part hereof. 23 SECTION TWO: The Mayor of the City of San Bernardino is 24 hereby authorized to execute said Grant of Easement on behalf of 25 the said City of San Bernardino. 26 I HEREBY CERTIFY that the foregoing resolution was duly 27 adopted by the Mayor and Common Council of the City of San 28 Bernardino at a meeting thereof held on regular RESOLUllION: GRANT OF EASEMENT TO CALNEW PIPELINE COMPANY - CAJON CREEK PROPERTY , . 1 the 4th day of April , 1988 by the following vote 2 to wit: 3 4 5 6 7 8 9 10 11 12 13 AYES: Council Members: Estrada, Reillv, Flores. Maudsley, Minor, Pope-Ludlam. Miller NAYS: None ABSENT: None ~/~ SHAUNA CLARK, CITY CLERK The foregoing Resolution is hereby approved this tc-i- day of .l\pr; 1 , 1988. /;~?tY~-er/ MAYOR OF THE C TY OF SAN~ERNARDINO 14 15 16 17 18 APPROVED AS TO FORM 19 AND LEGAL CONTENT: 20 21 22 23 24 25 26 27 28 -2- i\tct~ ' REOORDm:; REQJFSI'E.) BY " CAI..NEV PIPE LINE aMPANY WHEN REOORDrn MAIL TO Ri:LORDED IN OFFICIAL RECORDS 'gee MA Y I 6 PH I: 4 , SAN BERNARDINO CO.. CAL IF. -JUN 2 0 198P R/w rb. SB-46A Title rb. CAl.NEV PIPE LINE CCMPANY P. O. Box 6346 San Bernardino, California 92412 1 FE!: "~'I'\'''~I' 'n.;, 4lN I: i.,....;I,:' J ,) , :, ---.....-.. .......-- -~ 88~153749' 3 GRANT:~ OF FA5EMENI' 5 SVY 5__,__ DTT fi __ . Fffi A VALUABLE CDNSIDERATION, receipt of which is hereby acknowledged, (-I CITY OF SAN BERNARDINO, a municipal corporation hereinafter called ''Grantor'' (whether one or more), hereby GRANTS to CALNEV PIPE LINE Ol1PANY a ~laware corporation, hereinafter called "Grantee", its successors and assigns, those permanent easements and rights of way 30 feet in width, within that certain strip of land hereinafter referred to as l'Right of Way Strip", including the right to rerrove any improvements, structures, trees, shrubs, vines and other growth thereon, unless otherwise herein provided, and at any time and from time to time to lay, construct, reconstruct, maintain, operate, repair, renew, change the size of, increase the ntnnber of, and renxwe or abandon a line or lines of pipe of whatever nature, cath:xi- ic protection thereof, valves and fittings with all appendages, facilities, and equip- ment now installed or to be installed or used by Grantee in connection with any of the above-mentioned facilities, together with adequate protection therefore, for the trans- portation of oil, oil prcxructs, gas, water , and/or other fluids, in, on, over, under, through and across said ''Right of Way Strip" located in the Q)unty of San Bernardi no , State of Ca 1 i forni a " , and described as follows, to wit: A PORTION OF THE RANCHO MUSCUPIABE, IN THE COUNTy OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, SAN BERNARDINO COUN1Y RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 30.00 FOOT WIDE EASEr~ENT LYING 15.00 FEET EACH SIDE OF THE FOLLOHING DESCRIBED LINE: COMMENCING AT POINT M-I1 ON THE PATENTED BOUNDARY OF RANCHO MUSCUPIABE, SAID POINT BEIrJG A 411 X 411 IRON POST FILLED ~HTH CONCRETE AND MARKED IIRM" ON THE EAST SIDE, "R5W a29" ON THE SOUTH SIDE AND IIT2N SBFR 4211 ON THE WEST SIDE; THENCE, NORTH 09 19' 0911 EAST ALONG SAID PATENTED BOUNDARY, 1022.96 FEET; THENCE, NORTH 880 32' 4711 EAST ALONG THE SOUTHERLY LINE OF LOT IIAII AS SHOHN ON MAP IIBII DEVORE TRACT RECORDED IN BOOK 20 05 MAPS AT PAGE 57, SAN BERNARDINO COUNTY RECORDS, 488.06 FEET; THENCE, SOUTH 49 08' 1711 EAST ALONG THE SOUTHERLY LINE OF LOTS IIAII and IIDII Ob SAID MAP IIBII, 1005.04 FEET TO THE TRUE POINT OF BEG I NN I NG; THEr~CE SOUTH 17 14 I 11" WEST, 701.04 FEET. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTEr~ED SO AS TO TERMINATE IN THE LAND OF THE GRANTOR. ~re said land is under cultr~ation at the time of construction, said pipelines shall be laid so that the tops thereof will be not less than N/ A inches be- low the surface of the grotmd. REV: 8/31/83 I O~<6;A Grant of Easement Page 2 Sfl .!! r:I)7A9 l~rn' J.lJ,..l ; j.. Grantor also grants to Grantee the right of ingress to and egress from said easements and rights of way for the purpose of exercising and using the rights herein granted, and to the extent of Grantor's interest therein, the easements ana rights of way for the purposes above described in, under, along and across roads, streets and alleys adjacent to or adjoining the said land of Grantor. Grantor reserves the right to use and enjoy said premises in any manner not inconsistent with the rights herein granted, provided that ~~ Grantor shall not construct or maintain the whole or any part of any structure on said ''Right of Way Strip" change the grade of, or in any other manner impair, endanger, or interfere with the present or prospective exercise of any of the rights herein granted. ibe easements and rights of way herein granted may be assigned in whole or in part, and the provisions hereof shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, devisees, administrators, successors and assigns. IN WITNESS WHEREOF, these presents are hereby signed this of ClrL . 199~ _ /1 ~ .,t. t \..-- --"-.:: ./ -' day Executed in the presence of CITY OF SAN BERNARDINO a municipal corporation By: ,t;4~)f~ GRANTOO. (OFFICIAL SEAL) J. LORR,~.!NE VELARDE r-w i IJ.f: '; f' :.::: ~ !;:: . C.^.: ,; ~lR:J IA St.:.; ~'r::'.:,\:.:'):';[' !..1:.l:\' I V (.,\~ -it: 3. t71(i tJ lJ () '.. 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) SSe On this 25th day of April , in the year 1988, before me J. Lorraine Velarde) Notary Public personally appeared Evlyn Wilcox , personally known to me to be the person who executed this instrument as Mayor of the CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, and acknowledged to me that the CITY OF SAN BERNARDINO executed it. ~~J~ J. Lorraine Velarde .,