HomeMy WebLinkAbout1988-445 ! ~ " ..~ 1 2 3 4 5 6 7 .. RESOLUTION NO._~~~~2_ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL, CITY OF SAN BERNARDINO, GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FOR RELOCATION OF ELECTRIC SERVICE AT WATER DEPARTMENT FACILITIES AT THE WASTEWATER TREATMENT PLANT, SAN BERNARDINO, CALIFORNIA. 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 execute a 8 Grant of Easement to Southern California Edison Company, a 9 corporation, for transmission of electrical energy and 10 appurtenant facilities. 11 SECTION TWO: That the said Grant of Easement referred to 12 herein, a copy of which is attached hereto, marked Exhibit nAn, 13 and is hereby referred to and made a part hereof as fully as 14 though set forth at length herein, is hereby approved. 15 16 of San Bernardino are hereby authorized and directed 17 18 19 SECTION THREE: That the Mayor and City Clerk of the City to execute said Grant of Easement on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Council of and City the Common of San 20 Bernardino at a _____~~g~La~_____________ meeting thereof held on 21 the _~~__ day of ___~2~gill~e~_____, 1988 by the following vote to 22 wit: 23 24 25 26 27 28 AYES: Councilmen __~~~~~~_B~~U~~_~~~~~~~2~~~~~~________ _______~W~~~~~~l~L_______________________________ NAYS: ______tl..~___________________.____________________ ABSENT: _______~QP~~ii~~~Q~~~2~~~L~El~~____________________ SHAUN~RK--------- }. . Easement to Southern California Edison Company for relocation of electric service at the Wastewater Treatment Plant ~ 1 The foregoing Resolution is hereby approved this ~~2~_ 2 day of ______~2Y~~~~______, 1988. 3 4 5 6 7 8 APPROVED AS TO FORM 9 AND LEGAL CONTENT: 10 , 7~__ 11 12 Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11-17-88 -2- -~~!- - ~_2lAk:____ EVLY~MAYOR --------7- CITY OF SAN BERNARDINO ....-- ,--- I ! .'~ I 0-:: 4 '*" :." ;'t I.~ C' ~ ,~' '.:: ~ I, ;~. ;,.j ~ .:, t" .:. --l '~ ~ ,j't ~~ ~ ~"'~ ~~~ ~ "'" \" \~ ~ . .~ . ~ kJ .~ ::;:) C<J ~ ~ '!~ /:- .:;.::.. , .' ~RECORDING REQUESTED BY ,,; HERN 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. 141-301-01 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 that certain real property in the City of San Bernardino, County of San Bernardino, State of California, described and designated as right of way and anchor strip on the Exhibit "A" attached hereto and by this reference made a part hereof, lying within that certain real property of the Grantor described as follows: That portion of Lots 13, 14, 23 and 24 of Block 54 of Rancho San Bernardino, as per Map recorded in Book 7, page 2 of Maps, in the office of the County Recorder of said County, more particularly shown as the Remainder Parcel of Parcel Map No. 5284, as per map recorded in Book 51, pages 3 and 4 of Parcel Maps, in the office of the County Recorder of said County. 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. RW 201 Rev. 6/79 ~::.. ..\: :' .,. Grant of Easement City of San Bernardino, a municipal corp., to S.C.E.Co., a corp. Serial No. 59769A 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, and (2) roads, provided, however, that the exercise of such rights 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. The Grantee agrees, by acceptance hereof, that in the event Grantee relocates existing facilities from the herein described right of way strip into a new location and Grantee receives easement rights which, in the sole opinion of Grantee are good and sufficient easement rights, Grantee agrees to quitclaim within ninety (90) days of a written request to do so, any such portion or portions the right granted herein as are no longer required or necessary in the performance of the Grantee's duty to the public. It is further understood ment or easements shall be granted way strip by Grantor to any person, previous written consent of Grantee. and agreed that no other ease- on, under or over said right of firm or corporation without the The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, Grantor has caused this instrument to bee x e cut e d by its 0 f f ice r s the r e u n to d u 1 y aut h 0 r i zed, t his ,;;!.2), /( day of Cf),J.t~, 19~. The City of San Bernardino, a municipal corporation By!~/l4 M~ynr By 064:'/?$~~ / City Clerk -2- EXHIBIT "A" LEGAL DESCRIPTION Serial No. 59769A RIGHT OF WAY That portion of Lot 23 and 24 in Block 54 in the Rancho San Bernardino, as shown on Map recorded in Book 7, page 2 of Maps, in the office of the County Recorder of said County, lying within a strip of land, 25 feet wide, the centerline of said strip of land being described as follows: BEGINNING at a found 2-inch Iron pipe with L.S. tag, number not legible, accepted as Northeast corner of said Lot 23 as shown on Map recorded in Book 25, page 12 of Record of Survey Maps, in the office of the County Recorder of said County, said 2-inch iron pipe bears South 890 47' 00" West, 293.40 feet from a found l~-inch iron pipe with a San Bernardino County Flood Control District Brass Cap, marked "1958" set at the intersection of the North line of said Lot 24 and the West line of the 400 foot wide San Bernardino County Flood Control Channel Right of Way as shown on said Record of Survey Map; thence South 000 53' 28" East, 379.89 feet to the TRUE POINT OF BEGINNING; thence South 000 29' 16" East, 187.25 feet, to a point hereinafter referred to as Point "3"; thence South 110 25' 49" East, 131.70 feet, to a point hereinafter referred to as Point "4"; thence South 000 22' 14" East, 183.32 feet to a point hereinafter referred to as Point "5"; thence South 050 35' 21" West, 230.40 feet, to a point in the existing Southern California Edison Company Transmission line, said point bears South 140 12' 35" west, 1144.94 feet from said 1~-inch iron pipe, with a San Bernardino County Flood Control District Brass Cap. ANCHOR STRIPS Strip 1 That portion of said Lot 23, lying within a strip of land, 4 feet wide, the centerline of said strip of land being described as follows: BEGINNING at Point "3" hereinbefore described; thence South 890 30' 44" West, 15.00 feet. Strips 2 and 3 Those portions of said Lot 24, lying within 2 strips of land, each 4 feet wide, the centerline of said Strips 2 and 3, respectively, are described as follows: BEGINNING at Point "4" hereinbefore described; thence North 89037' 46" East, 15.00 feet. BEGINNING at Point "5" hereinbefore described; thence North 890 37' 46" East, 15.00 feet. Approved as to description: Signed (--reV,A\ \-L-cQ~ \' / \ c:) /'3 '0 -Lf- I Date /,?/o ~ In -J < l.l..J I- w 0 OHnONO..,. 0 CONl"(rl....cn If:l ~I cnl"-I"'lOoq- l"CO(rlCO(rl.... 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