HomeMy WebLinkAbout24-Water Department
.
OR ! 1'\1 II ~ L
.... . ,l
li~illJii
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 29, 2001
Subject: Resolution Granting a
Permanent Non-Exclusive Easement
and Right-of-Way to the Santa Ana
Watershed Project Authority for
Construction, Operation and
Maintenance of the Santa Ana Regional
Interceptor on City-Owned Property.
From: Bemard C. Kersey, General
Manager
Dept: Water Department
Synopsis of Previous Council Action:
NONE
Recommended Motion:
ADOPT RESOLUTION
J.,,~,.t~~
/ Signature
Contact person: Bemard C, Kersev
Phone: (909) 384-5091
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: NA
Source: (Acct. No.) NA
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
;lJ;ii}D J
:JJi
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
A Resolution of the Mayor and Common Council of the City of San Bernardino granting a
permanent non-exclusive easement and right-of-way to the Santa Ana Watershed Project
Authority for the Santa Ana Regional Interceptor Sewer Pipeline across a portion of City owned
property.
Backl!:round:
The cities of San Bernardino and Colton jointly developed, through the Santa Ana Watershed
Project Authority (SA WP A), an advanced water reclamation facility known as the Rapid
Infiltration Extraction (RIX) Project, The RIX facility is located in the City of Colton east of
Riverside Avenue and adjacent to Agua Mansa Road. In order to deliver secondary effluent
from the City of San Bernardino Regional Water Reclamation Facility at 399 Chandler Place,
over six miles of large diameter pipeline was installed from the City's facility to the RIX site,
Concurrent with the installation of the RIX pipeline installation, the Santa Ana Regional
Interceptor (SARI), a pipeline to carry non-reclaimable wastewater was installed, The section of
the SARI line that SA WP A installed in this reach extended from the San Bernardino Regional
Water Reclamation Facility down to approximately the Mission Bridge in the City of Riverside,
This extension of the SARI line completed the line so those cities in the upper reaches of the
watershed have access to the line. Access to the non-reclaimable waste line is important to
certain types of industries and for future desalinization facilities that will be constructed in the
upper portions of the watershed to improve water quality. The City of San Bernardino, by and
through its Board of Water Commissioners, has purchased two (2) million gallons of capacity in
the SARI line for future use.
A portion of the RIX and SARI pipelines are installed in city owned property that is adjacent to
the Water Reclamation Plant and is currently leased to 1.G, Golfing as part of the San Bernardino
Public Golf Course. The lines have been installed, and the legal description for granting a
permanent, non-exclusive easement and right-of-way to construct and maintain their pipeline to
SA WP A is complete.
FINANCIAL IMP ACT:
None.
RECOMMENDATION:
Adopt the resolution granting a permanent non-exclusive easement and right-of-way to the Santa
Ana Watershed Project Authority for construction, operation and maintenance of the Santa Ana
Regional Interceptor.
1
,,.. 2
'"", 3
4
5
6
7
~(Q)~W
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AN
RIGHT-OF-WAY TO THE SANTA ANA WATERSHED PROJECT AUTHORITY FO
THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE ACROSS
PORTION OF CITY OWNED PROPERTY.
WHEREAS, the City of San Bernardino is the owner
8 certain real property located at 399 Chandler Place; and
9 WHEREAS, said property has been dedicated for
10 Department use for sewer purposes, and a portion of the propert
11 is under lease and utilized as a part of the San Bernardin
12 Public Golf Course; and
13 WHEREAS, the Santa Ana Watershed Project Authority has
14 installed a portion of the Santa Ana Regional Interceptor,
Co,
."
15 sewer pipeline to carry non-reclaimable wastewater from
16 upper portions of the Santa Ana Watershed to the ocean; and
17 WHEREAS, the sewer pipeline crosses a portion of city
18 property which is fully described and depicted in Exhibit "1",
19 attached hereto and made a part hereof, and the city is desirous
20 to grant a permanent non-exclusive easement and right-of-way t
21 the Santa Ana Watershed Project Authority to construct, operat
22 and maintain their facility; and
23 WHEREAS, the Santa Ana Regional Interceptor provides long-
24 term benefits to the city for economic development.
25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMO
26 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
27 The Mayor and Common Council of the City of San Bernardino
(:
28 hereby grants to the Santa Ana Watershed Project Authority a
7Lo, 2/ I
Z./2lJ /0/
A RESOLUTION GRANTING A PERMANENT NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO THE SANTA
ANA WATERSHED PROJECT AUTHORITY FOR THE SANTA ANA REGIONAL INTERCEPTOR SEWER PIPELINE
ACROSS A PORTION OF CITY OWNED PROPERTY.
,- I permanent non-exclusive easement and right-of-way to construct,
"'. operate, maintain and repair, pipeline within tha
2 a sewer
3 certain real property more fully described and depicted i
4 Exhibit "1", attached hereto and made a part hereof.
20
day of , 2001.
21
22
23
24 Approved as to form
and legal content:
25 JAMES F. PENMAN,
26 City Attorney
( 27
\ ~
28
5
6
7
8
9
10
11
12
13
I' 14
100"
15
16
17
18
19
I HEREBY CERTIFY that the foregoing Resolution was dul
adopted by the Mayor and Common Council of the City of Sa
Bernardino at a
meeting thereof, held on the
da
of
, 2001, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
2
~
l'
,
.'
PLEASE COMPLETE TllIS INFORMATION
RECORDING REQUESTED 8Y,
SANTA ANA WATERSHED
PROJECT AUTHORITY
AND WHEN AECORDED MAIL TO:
SANTA ANA WATERSHED
PROJECT AUTHORITY
c/o AKLUFI & WYSOCKI
3403 Tenth St., #610
Riverside, CA 92501
---.,
9~f-4;?
-,
ReCOrded in Official Record., county of
San Bernardino, Larry WalkMr. RMcorder
No Fee
Doc No. 20010086796
1:27pm 03/08/01
5
1011" II 'VI ClToCD TIWIS TAX
6_
IIA alIIO lUll
EXEMPT FROM RECORDING FEE
PER GOV'T. CODE, SEC. 27383
EASEMENT
Title of Document
THIS AREA FOR
RECORDER'S
USE ONL'i
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
SlC-SC$O 9MlI (Ae-I 8/11)
7() -:JC\H..J
T "''1nc I M ("II>- IH T ...In,''ll-I
CTQ77QQCDC
OC:nT TaQ7/qa/ba
'-",.'.-
" .
,"REQUEaTED BY AND
. WHEH RECORDED Mj\IL TO:
r,
'"
SANTA ANA WATERSHED
PROJECT AUTHORITY
c/o Aklufi and Wysocki
3403 Tenth Street, Ste. 610
Riverside, CA 92501
,
,
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN
BERNARDINO, a municipal corporation, ("GRANTOR"), hereby grants to the SANTA ANA
WATERSHED PROJEcr AUTHORITY, a public agency, ("GRANTEE"), a permanent, nOil-exclusive
easement and right of way, to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and
remove a sewer pipeline, with all its connections thereto, together with the right of ingress and egress, across,
along, over, under, through and within that certain real property in the County of San Bernardino, State of
California, more fully described and depicted in EXHIBITS "A" and lOB", attached hereto and made a part
hereof,
GRANTOR and/or GRANTOR's successors and assigns reserve the right to occupy and use the surface and
subsurface of the easement area provided that any such use shall not endanger or damage GRANTEE's
pipeline and connectiona thereto, or unreasonably impair or interfere with the present and prospeetive
exercise of any of the rights herein granted to GRANTEE. GRANTOR may also grant any other easement or
easements across, along, over, under, through or within the easement and right-of-way described herein as
long as such easements do not endanger or damage GRANTEE's pipeline and connections thereto, or impair
or interfere with the present or prospective exercise of any of the rights herein granted to GRANTEE.
GRANTOR:
CITY OF SAN B.JlRNARDINO,
a municipal c~ration
ALLES, Mayor
Dated: H:e/Z.....Alt'12-2 ZOO \
,
IT T:
~d~"
RA L CLARK, City Clerk ~ "
bu.. xlalltlu.,;}11idiltlL', J:lrii/;;)
(l;ANDRA MEDINA, Deputy !it;(/'
Clerk
FCt '1"l"rl
T\ol""lnC:,l.,M (l....IH T ..In'''\.lH
c TC770f:lCn,-
f"\f"' ..... T T""''''''''''' ''''''-' ,....,...,
(,
~
ACKNOWLEDGEMENT OF GRANTOR(S);
,
STATE OF CALIFORNIA
COUNTY OF &4'1 ~K.IlA~
~ ~~Ol ~fo
Notary blic, personally appeared
personally known to me ( eon e IS ) to ~ the person(s) whose
name(l) isll\l't subscribed to the within instrument and acknowledged to me that ~shel~ elcecuted -the
same in ~/her/~ authorized capacity(i~, and that by hiMter/~r signatur~ on the instrument the
person(() , or the entity on bebalf ofwhicb person(s) acted, executed the instrument.
)
) S,S,
)
,
WITNESS my hand and official seal.
(L.
Notary Public in and for said County and S
(SEAL)
Ei188.n C. Go;:J8Z
Co",",. 11145083
"..v F'U81.fC . CA
&AN U.......DINO COUNTY ()
Comm fllp. Jut)" 2, 2001 ..
...n Jr......_l
-...........!-'
I
2
3
4
S
6
7
8
9
10
II
12
13
14
l'
16
17
18
19
20
21
22
23
24
2S
26
27
28
29
30
31
32
33
34 ij
".--.
.--...
PSOMAS
Job No.: 2CHMOI02.06
Dale; March 16, 2000
Page I of2
LEGAL DESCRIPTION
EXHIBIT "A"
PERMANRNT EASEMENT
A strip of land 45.00 feet wide over that portion of Lot 14, Block S4 of Rancho San Bernardi~o.
in thc City of San &rnardino, County of San Bernardino, State of California as shown on the "
Map flied in Book 7, Page 2 of Maps recorded in the Office of the Recorder of said County, the
centerline of said strip described as follows:
Beginning at the point of intersection of the southerly line of said Lot 14 and the northerly right-
of-way line of the San Beman1ino County Flood Control District right-of-way as described in
document recorded in Book 9191. Page 1770 of Official Records, in the Recorcicr's Office of said
County; thence North Sgo 24' 15>> Bast, 16.'9 feet along Aid SOUthllrly line to THE TRUE
POINT OF BEGINNING; said point also being the beginning of a non-tangent curve concave
northwesterly having a radius of 997.00 fcct to which point a radial line bears
South 33026' 52" East; thence leaving said southerly line northeasterly 157.13 feer along said
~ethrough acentralang1eof~OI' 47>>; thence North 470 31' 21>> East. 176,35 feet to a point
on a curve concave northwesterly having a radius of 947.00 feet; thence northeasterly 203.14 feet
along said curve through a central angle of 120 17' 2'''; thence North 350 13' 56>> East, 39.48 feet
to a point ona curve concave SOIItheastedy having a radius of 953.00 feci; thence northeasterly
311.54 feet along said curve throup a eentral angle of 180 43' 48>>; thence
Nonh 530 57' 44" East, 97.88 feet to a point on a curve concave northwesterly and having a
radius of 197,00 feet; thence northeasterly and northerly 183,97 fcct along said curve through a
central ansIe of 530 30' IS": thence Nonh 00' 27' 26" West, 33,34 reet to the point of tenninus
. of this dCsciiptlon,
The sidelines of said strip shall be lengthened or shortened so as to tenninatc southwesterly al
said South line of said Lot 14 and at right angles from said tenninus.
Excepting that portion lying within the right-of-way of Ihe San Bernardino County Flood Control
District right-of-way as described in document recorded in Book 9191. Page 1770 of Official
Records. in the Recorder's Office of said County.
S.,"CH~I\CH2MHIl.LIll.EPORTSIk,.U~I<l2 06.dol
~0 "39"'-"
T\.l.......nC:).M (lldH T .In,'-JH
r T......,....,.,...,,..,r.-,....
r
..----.
PSOMAS
Job No,: 2CHMOt02.06
Date: March 16, 2000
Page 2 of2
2
3
EXHIBIT "A"
(Continued)
4 See Exhibit "8" auached hereto and made a pari hereof.
5
6
7
8
9
This legal description is not iDlended for use in the division and/or conveyance of land in
violation of the Subdivision Map Act of the State of California.
f
,
Prepared under the direction of:
~}gQ. j\il
to
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
4-/ rt /00
J
Date
Donald L. Whiteley, L.S. 6422
License expires: 12131/2002
30
31
32
S:,~('II~ 1\('111\11111.t.!< l:!'{ )I('rs',h:~:II_::!.1)111~ 11(..dm
an "'Jt:lI-l..J
T ~"",r;c 1 M ",,, 11-1 T -1""',,1-1
c'TQ77QQl:.ClC,
QC~hT T~~7/Q~/b~
EXHIBIT "B"
[b@'iJ 4J~
~[b@~~ ~~
~~INI~I}{)@ ~~INI
~~~INI~ ~[Q)OINl@
lMJ.~. "tl/'?2
CIL EASEMENT
} S'L Y LINE LOT 14
(~'L Y R.O.W. LINE
.... AN BERNARDINO
FLOOD CONTROL
DISTRICT
DET AIL
", TP,O.8.
'<:~.~,;? ~_~12'_5_~'~I;;_-'-B8P.J
N89024'15"E
16.59'
NOOO 27'26"W
33.34'
P.O.8.
CITY OF
SAN BERNARDINO
141-311-07
6-53" 30'18"
R=197,OO'
L=183.97'
N53057'44"E
97.88'
6=18043'48"
R-953.00'
L=311.54'
"
I
I.....,
N35'13'56"E
39.48'
CITY OF
SAN BERNARDINO
( 141-311-06 )
6-12017'25"
R=947.00'
L-203.14'
,,~
'\
,,'1.- ,
o 'J 'J~
tx" ..,(Q'
"" '\'
6-9001'47"
R=997.00'
L=157.13'
SEE DETAIL
// N'L Y R.O.W. LINE
SAN BERNARDINO
FLOOD CONTROL
DISTRICT
'jlrwOSE: PERMANENT 45.00' WIDE EASEMENT
\.... IN THE COUNTY OF SAN BERNARDINO.
"
NOT TO SCALE
--
2510 R.d Hi....vll"".
Santo Ano. CoIilornia 92705
SHEET 1 OF 1
SCALE N. T.5.
DRAFTED RTN
CHECKED DL W
DATE 3/15/2000
JOB
I NUMBER 2~HMO'02.06
CH2M HILL
PSOMAS
:>pROVED:
DONALD L. WHITELEY
L.S. NO. 6422
E'<P. 1:?/31102
J18TRHHI_.-l!lO
Co,l" ........c..,or.... ~l526
-""ll!1'.l.11J
I'H'.'~.~IlI!~ 're..
r
........
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the easement dated February 22, 2001 from the CITY OF
SAN BERNARDINO, a municipal corporation, to the SANTA ANA
f
WATERSHED PROJECT AUTHORITY, a public agency, is hereby acCepted
by the undersigned General Manager of the SANTA ANA WATERSHED
PROJECT AUTHORITY pursuant to the authority conferred by the
action of the Commission of the SANTA ANA WATERSHED PROJECT
AUTHORITY on August 8, 2000, and the Grantee consents to the
recordation thereof.
Dated: March ~ , 2001
By
AUTHORITY
SANTA
.....r'l -,c.l;-IJ
T 'U......f""'IC' 1 M (1" IH T .In''''''''H
(:. TQ77QQj:.Gll::,
q~:bT T~~7./q~/~0
"
~
AKLUfI S WYSOCKI
AT1'ORNEV,S AT LAW
3403 TENTH STR.EE.T. SUITE (UO
RIVEtutDE.. CALIFORNI^ 92S01
JO$Il!PH S. AKlUFI
DAVID L. wYSOCK.I
D^NlfL 1\. AKLUF'I
TE.LEPHONE
(90S) &82-!5480
fACSIMIL.t,
CEIVE ')~~)'(8f:tM
TELECOPIER TRANSMITTAL
I APR 20 A9 :31
000 ,t@ ~ 0 Wi J.r~.;:.l
I d,'"
;::1;
! APR 62001 :I~
I I!--'
.' I
L~,,_'
~Bi'!1\l1l - ,.~
GENERAL MANAGER'S OmCE
From: DAV(ol L. W'f~\C.kc'
Date: ...6f~:1 ~) Q.c::, C (
Time: 3~ S-~ f ~,
Transmit to:
Name:
MA~@ k"Sl2.~~I'~ O-t:K'E
Telecopier No.:
:3 <6 L-f - 'S 2. I ..;-
Re:
R~{Dt2..Jfd..
E" ASEnfi2"ii\- R. I X RE.lmd
Total number of pages sent (including transmittal):
:Y
Please review and call
>< Per your request
~ Original will not follow
r
Original will follow
For your information
Message:
cc~ Gordon Maqnuson, SAWPA Cbnsultant
Les Fogassy, City Real Property
Michelle Tavlor, City Clerk's Office
John Perry;.. wRP
Stac~y A1dstadt (w'oa&ku~ for fi1el
4-17-01
c.uTIDN-eowFIDlWTIAL: THE OOCUMENT BEING TELECoPlED To YOU MAY CONTAIN INfORMATION PROTECTED BY THE ATTORNEY'
ClJENT/WOIK PRODUCT PRIVILEGE. It is intended only for the person to whom it is .ddr~ssed_ If you .re not
the intended recipient or en authorfzed agent, then this is notice to you that dissemination. distribUtion or
copying of this ~ument is prohibited. If thi& was received in error, please tall us at once .nd destroy the
dot;\lMnt.
IF YOU EXPERIENCE ANY DIFFICULTY WITH THE QUALITY OR COMPLETENESS OF THIS TRANSMISSION, PLEASE CALL
(909)68~'5480.
HI 39\!d
I~80S^M aN\! I~n,~\!
&192:2:8%0&
9S:P1 1002:/90/P0
r T "'J'J,..,,,r nr
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Vote:
Ayes
\-'\
-e-
Abstain
-e-
~oO\-4",
Absent b-
Meeting Date (Date Adopted):
Item #
2.4
Resolution #
Change to motion to amend original documents:
Reso. # On Attachments: -==-
Contract term:
NullNoid After:
Note on Resolution of Attachment stored separately:::::=::..-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Dale":(Tl. A1ti2<1tJ See Attached:.:=
Date Sent to Mayor: '2.-"2\-0 \
Date of Mayor's Signature: ?-2-z.-,0\
Date of Clerk/CDC Signature: "2. -"2.<'--<:'>1
Reso. Log Updated: v
Seal Impressed: ,/
Date Memo/Letter Sent lor 54;llGl.....~:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: Date Returned:
~
See Attached: _
Request for Council Action & Staff Report Attached: Y es ~
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No ~ By
No -<-L- By
No ,/ By
No ~ By
Copies Distributed to:
City Attorney ./
Parks & Rec,
Water
EDA
./
Finance
MIS
Code Compliance
Dev. Services
Police Public Services
Others:
Notes:
,:<, Ct.Q"1\fllcO Cc>Plio$ Of ~() T D\U5 /:;--w.;;~rncNl fr-Ic S<-Arr -"1D m~ kI'<fLII,j 7 - '-:,.01
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: 2-2.{..,-O\