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HomeMy WebLinkAbout1986-432 RESOLUTION NO. 86-432 1 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A PERMANENT EASEMENT DEED FROM THE METROPOLITAN 3 WATER DISTRICT OF SOUTHERN CALIFORNIA FOR LANDSCAPING PURPOSES CONCERNING PROPERTY GENERALLY LOCATED ADJACENT TO AND 4 SOUTHEASTERLY OF PINE AVENUE, SOUTH OF BELMONT AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 SECTION 1: The City Clerk of the City of San Bernardino i s hereby authorized and directed to accept on behalf of said City a Permanent Easement Document from The Metropolitan Water District of Southern California, a copy of which is attached hereto and incorporated by reference herein as fully as though set forth at length, marked Exhibit "A", for landscape purposes, 12 more particularly described in said Permenant Easement Deed and 13 14 15 16 concerning that certain real property in the City of San Bernardino, County of San Bernardino, State of California, generally located adjacent to and Southeasterly of Pine Avenue, South of Belmont Avenue, and sa i d City consents to recordation 17 thereof by its duly authorized officer. 18 I HEREBY CERTIFY tha t the foregoing Resolution was duly 19 adopted by the Mayor and Common Council of the City of San 20 Bernardino at a regular mee tin g thereof he 1 d on the 21 30th da te of October 1986, by the 22 following vo te , to-wit: 23 AYES: 24 25 NOES: 26 ABSENT: 27 28 Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler None None 1 1 2 3 4 5 6 The ~//'(M~ ,/ C 1 ty C e r foregoing resolution is hereby approved this c:</..,if day 0 f 7 Approved as to form 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~~D ~ ~-? Cl y Attorney , 1986. no 2 s' ~I ,- ZOO g-t ~a.. 51..U 1U) :) ~ \< C6 ~ ,>~ ~ " REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY HALL 300 North "D" Street San Bernardino, California 92418 PERMANENT EASEMENT DEED 1606-29-13 and 1606-30-1 (Portions) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. a pUblic corporation. hereby grants to CITY OF SAN BERNARDINO. a municipal corporation. a permanent easement for landscaping purposes over the real property in the City of San Bernardino. County of San Bernardino. State of California. described as follows: Those certain parcels of land herein designated Parcel A and Parcel B in that certain portion of Block 40 and 41 in the Town of Irvington and the Land of Irvington Land and Water Company. in the County of San Bernardino. State of California. shown on map recorded in Book 3. page 9. of Maps. in the office of the County Recorder of said County of San Bernardino. said certain portion being shown as Parcel Nos. 1 and 13 per map filed in Book 31. page 40 through 42. inclusive. Record of Surveys in the office of said County Recorder. said certain parcels of land being more particularly described as follows: exH'81T .^. ~I ~~. a._ ~oo ~~ . ~ Q.. ~ ~ -1.&.1 . 5 (I) ~ ' ~ C):' Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -2- Parcel A The northwesterly 50 feet of Parcel 1 of said Record of Surveys. Excepting therefrom all that portion thereof included within those certain parcels of land conveyed to the City of San Bernardino by deed recorded August 5, 1983, as Instrument No. 83-177968, and by deed recorded August 5, 1983, as Instrument No. 83-177969, both o[ official records in the office of said County of San Bernardino. Parcel A containing 1.40 acres, more or less. PARCEL B The northwesterly 50 feet of the northeasterly 290 feet of Parcel 13 of said Records of Surveys. Said 290-foot dimension being, measured at right angles, from the northeasterly line of said Block 41. Parcl B containing 0.33 acre, more or less. Parcel A and Parcel B, in the aggregate, containing 1.73 acres, more or less. This easement is granted subject to the fOllowing terms: 1. It is subject to Grantor's paramount right to use the above-described property for the purposes for which it was acquired. 2. Grantee shall submit in advance all plans for installation of Grantee's landscaping and related irrigation system improvements to Grantor for review and written approval. 3. Grantee shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of Grantor. &lCH,e'T .A' -1 Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -3- 4. Grantor purchased the above-described property in fee for its existing 121 1/2-.inch-inside-diameter Foothill Feeder-Rialto Pipeline and for a future pipeline facility. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and future pipelines, attributable to the presence of Grantee's improvements, shall be borne by Grantee. 5. Grantee shall not plant trees within 15 feet of the centerline of Grantor's future pipeline. Any of Grantee's trees located within 15 feet of the center line of Grantor's future pipeline, shall be removed by Grantee at no expense to Grantor. No deep-rooting trees shall be allowed in Grantor's rights-of way. However, trees with shallow root systems, or shrub-type landscaping, will be considered upon Grantee's submittal of landscape plans for Grantor's review and written approval. Grantee's landscaping plans must contain prOV1Slon for Grantor's vehicular access at all time along its pipelines and to structures or facilities appurtenant to the pipelines. 6. Grantor shall not be required to contribute any part of the cost of landscaping on the above-described property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 7. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counselor by Grantor's starr attorneys, resulting from injury to or death of any person, or damage to any property, including property o[ Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation, which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. ex~J8'T ~ l Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -4- 8. In the event of abandonment by Grantee of the rights granted herein. they shall terminate, and the Grantee shall thereupon. without cost to Grantor. deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Dated: SEP 2 3 1986 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Carl Boronkay General Manager "11 4/LJ By \"t-" . ,"\_~). \'\c,--<_.k.,~ Assistant General Manager ~ " ./ ;,?j~ PRS/emm . . , ..... '- Authorized by MWD Administrative Code Section 461.8.1 This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino, California. a municipal corporation, is hereby accepted by order of the City Council, and the grantee consents to the recordation thereof by its duly authorized officer. Dated ____________u __ ______ __ __________ __ ______________ CITY OF SAN BERNARDINO By u_ -- - -------- ---- ________ _________________________ City Clerk La cat i a n _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ ___ _ __ __ __ __ _______ __ __ _ ____ File N a. u_________________ ____________________________________________ . e.ff,e,T "A (Holburt) COUNTY STATE OF CALIFORNIA ~ 1/.7~ /';--J On this 23 if day of S; k:te,,~:l , ) ) SSe ) , in the year /"9 $ , W1U.IA1'^ E. V Al.2.ANA before me, , a Notary Public, personally appeared M. B. HOLBURT, personally known to me to be the person who executed this instrument as Assistant General Manager of The Metropolitan Water District of Southern California, a pUblic corporation, and acknowledged to me that The Metropolitan Water District of Southern California executed it. f WITNESS my hand and official seal. OFFICIAL SEAL WILLIAM E VAZZANA NOTARY PUBLIC - CALIFORNIA . LOS ANGELES COUNTY My comm. expires MAY 16, 1987 (Seal) Signature J . Bxf.llSI" A fit" ~I ~ ~- ~ zOO 0,","", . ~ a.. GO "- \'-J' ~LU ~~ ~(/) ~'1" RECORDED IN OFFICIAL RECORD~:, '~95 OCT 29 Pt~ 1: 02 :~ /~. ('1 b L ~::\ N A H 0 I N 0 CO.. CALIF. RecordeJ at the Request o( TIE~ METE\OPOLITJ\.N WATEl-: DISTl{lCT OF SOUTHERN CALIFORNIA 86=319286 When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNI^ Post Office Box 54153 Los Angeles. C~lifornia 90054 DOCUMENTARY TRANSFER TAX $ None (Exempt-Section 11922. California Revenue and Taxation Code) DD,'U't "::-::~ lJi I I I I SVl ('(',:' ,",v-.J \ ~ 1Y~A ~~l ~~.~ L.ll...- - PERMANENT EASEMENT DEED 1606-29-13 and 1606-30-1 (Portions) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. a pUblic corporation. hereby grants to CITY OF SAN BERNARDINO. a municipal corporation. a permanent easement for landscaping purposes over the real property in the City of San Bernardino. County of San Bernardino. State of California. described as follows: Those certain parcels of land herein designated Parcel A and Parcel B in that certain portion of Block 40 and 41 in the Town of Irvington and the Land of Irvington Land and Water Company. in the County of San Bernardino. State of California. shown on map recorded in Book 3. page 9. of Maps. in the office of the County Recorder of said County of San Bernardino. said certain portion being shown as Parcel Nos. 1 and 13 per map filed in Book 31. page 40 through 42. inclusive. Record of Surveys in the office of said County Recorder. said certain parcels of land being more particularly described as follows: ex""8lT ~.. I ~~ .-f . 0.. ~,q '-l L&J . ,~ Cf) ~ \{ 86-319286 Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -2- Parcel A Surveys. The northwesterly 50 feet of Parcel 1 of said Record of Excepting therefrom all that portion thereof included within those certain parcels of land conveyed to the City of San Bernardino by deed recorded August 5. 1983. as Instrument No. 83-177968. and by deed recorded August 5. 1983. as Instrument No. 83-177969. both of official records in the office of said County of San Bernardino. Parcel A containing 1.40 acres. more or less. PARCEL B The northwesterly 50 feet of the northeasterly 290 feet of Parcel 13 of said Records of Surveys. Said 290-foot dimension being. measured at right angles. from the northeasterly line of said Block 41. Parcl B containing 0.33 acre. more or less. Parcel A and Parcel B. in the aggregate. containing 1.73 acres. more or less.- terms: This easement is granted subject to the following 1. It is subject to Grantor's paramount right to use the above-described property for the purposes for which it was acquired. 2. Grantee shall submit in advance all plans for installation of Grantee's landscaping and related irrigation system improvements to Grantor for review and written approval. 3. Grantee shall not change the existing grade or otherwise modify the topography of property affected by this easement without prior written consent of Grantor. &lCH,e'T .A' 86-319286 Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -3- 4. Grantor purchased the above-described property in fee for its existing 121 1/2-inch-inside-diameter Foothill Feeder-Rialto Pipeline and for a future pipeline facility. Any additional costs incurred for construction. reconstruction. maintenance and use of the existing and future pipelines. attributable to the presence of Grantee's improvements. shall be borne by Grantee. 5. Grantee shall not plant trees within 15 feet or the centerline of Grantor's future pipeline. Any of Grantee's trees located within 15 feet of the center line of Grantor's future pipeline. shall be removed by Grantee at no expense to Grantor. No deep-rooting trees shall be allowed in Grantor's rights-of way. However. trees with shallow root systems. or shrub-type landscaping. will be considered upon Grantee's submittal of landscape plans for Grantor's review and written approval. Grantee's landscaping plans must contain prOV1Slon for Grantor's vehicular access at all time along its pipelines and to structures or facilities appurtenant to the pipelines. 6. Grantor shall not be required to contribute any part of the cost of landscaping on the above-described property. and. furthermore. if Grantor is included in an assessment district to pay such costs. Grantee shall reimburse Grantor for any assessment therefor levied upon it. 7. Grantee assumes all risk of loss to itself. which in any manner may arise out of the use of the easement. Further. Grantee shall indemnify and defend Grantor and its directors. officers. and employees against any liability and expenses. including the reasonable expense of legal representation whether by special counselor by Grantor's staff attorneys. reSUlting from injury to or death of any person. or damage to any property. including property of Grantor. or damage to any other interest of Grantor. including but not limited to suit alleging noncompliance with any statute or regulation. which in any manner may arise out of the granting of this easement. or use by Grantee of the easement or any adjoining land used with the easement. ex~J~'T ~ 86-319.286 Permanent Easement Deed 1606-29-13 and 1606-30-1 (Portions) -4- 8. In the event of abandonment by Grantee of the rights granted herein. they shall terminate. and the Grantee shall thereupon. without cost to Grantor, deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Dated: SEP 2 3 1986 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Carl Boronkay General Manager By -,A - (~ ~-t- l "" <<\- . If ~ a tt}: i/ Assistant General Manager PRS/emm Authorized by MWD Administrative Code Section 461.8.1 This is to certify that the interest in real property conveyed by the within instrument to the City of San Bernardino, California, a municipal corporation, is hereby accepted by order of the Ci ty Counci I, and the grantee consents to the recordation thereof by its duly authorized officer. Dated -~.J~_Lf~.e..___________________ CfTY OF SAN BERNARDINO By ~ff~_______________ City Clerk Lo cat i on ______ ____ ___ _ _ __ _______ ____ __ ____ ____________ ___________ _ ____ F He No. _______________________________________________________________ . el("U~'T .A (Holburt) 86-319286 COUNTY STATE OF CALIFORNIA ~ 1/7~/'~ On this 2"3 if day of S;k:Ce~\ , ) ) SSe ) . in the year /9,U' . WILLlM^ E. V Al.2.ANA before me. . a Notary Public. personally appeared M. B. HOLBURT. personally known to me to be the person who executed this instrument as Assistant General Manager of The Metropolitan Water District of Southern California. a pUblic corporation. and acknowledged to me that The Metropolitan Water District of Southern California executed it. l- WITNESS my hand and official seal. OFFICIAL SEAL WlltlAM E V AZZANA NOTARY PUBLIC - CALIFORNIA . LOS ANGELES COUNTY My comm. expires MAY 16, 1987 (Seal) Notary Public . for said S Signature J eXHIBIT .,...