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HomeMy WebLinkAbout1980-094 II I ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9,0 - 91 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A STORM DRAIN EASEMENT FROM THE SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION CONCERNING PROPERTY GENERALLY LOCATED EAST OF STATE STREET AND NORTH OF MORGAN ROAD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and City Clerk of the City of San Bernardino are hereby authorized and directed to execute and accept on behalf of said City a Storm Drain Easement from the Southern California Edison Company, a corporation, a copy of which is attached hereto and incorporated by '. reference herein as fully as though set forth at length, marked Exhibit "AIl~ and more particularly described in said easement and concerning that certain real property in the City of San Bern,ardino, County of San Bernardino, State of California, generally located East of State Street, North of Morgan Road, and said City consents to recordation thereof by its duly authorized officer. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a I A01Jj gal meeting thereof held on the 3d day of)n(JAr~ 1980 by the following vote, to-wit: AYES: Councilmen NOES: ~ (\)\9 ABSENT: fli111}< co: 0,..,,,,-. ~ c~df:rf ~N/ The foregoing resolution is hereby approved this day of ~\\~<;;, , 1980. Approved as to form: ~lUr~ ty Atto ey - \ " " " \ , , ... . \. \ \. Location: City of San Bernardino STORM DRAIN EASEMENT SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Grantor", does hereby grant to CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "Grantee", an easement for storm drain purposes, in, on, under, over, along and across that certain real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: ~'~ -./.i1l :so ~ ~~ g ~tts '<: '" il:! ~ u '" ~ ~ "'~ -:, ~ 5'" c ~, ~ ~~ 1i1 9!:l ~ :~ "'~>} M-9.. ~t\"l ~I.?li !-i "'cO!; bj..;Ei: A strip of land, 5.00 feet wide, lying within that portion of Lot 7, Block 4, Wiggins Tract, as shown by Map on file in Book 3 of Maps, page 74, records of San Bernardino County, California, including that portion of an unnamed road, lying South of and adjacent to said Lot 7, as now abandoned by the San Bernardino County Board of Supervisors on April 18, 1949 described in the deed to Southern California Edison Company recorded December 16, 1964 as Instrument No. 97 in Book 6293, page 546, of Official Records in the office of the County Recorder of said San Bernardino County, the Easterly sideline of said strip of land, 5.00 feet wide is described as follows: Beginning at the Southeast corner of said land described in the deed to Southern California Edison Company, said corner being the intersection of the Southerly prolongation of the Easterly line of said Lot 7 and the centerline of said abandoned unnamed road; thence Northerly along said Southerly prolongation and along said Easterly line 71.01 feet. SUBJECT TO covenants, conditions, restrictions, reser- vations, exceptions, encumbrances, rights, easements, leases and licenses, affecting the above described real property or any portion thereof, whether of record or not. The foregoing grant is made subject to the following terms and conditions: 1. The said Easement is granted subject to the right of Grantor to construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/or remove in, on, over, under, through, along and across the above described real property, electric transmission and distribution lines and communication lines, together with supporting structures and appurtenances, for conveying electric energy for light, heat, power and communication purposes, and pipelines and appurtenances for the transportation of oil, petro- leum, gas, water, or other substances, and conduits for any and all purposes. .. .~. , ,=:,xt-ll\3IT A' . , . , , Storm Drain Easement S.C.E.Co., a corp., to City of San Bernardino, a municipal corp. Serial No. 53035A 2. The said Easement shall be exercised so as not to endanger or interfere with the construction, maintenance, use, oper- ation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits. 3. Grantor shall have full unobstructed access to its facilities at all times and the right to clear, keep clear, and re- move any and all obstructions of any kind at all times. 4. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights ,of Grantee created by this Easement grant. 5. The above described real property is to be used only for the purposes specified herein and in the event: (a) said real property is not so used; (b) said real property shall be vacated as a storm drain right of way; or (c) the project for which this Easement is being granted is abandoned, the Easement shall thereupon, ipso facto, revert to and merge in the interest of Grantor in the above described real property. 6. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within thirty (30) days after service of a written demand therefor, a good and suf- ficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and ter- minating this Easement shall, after ten (10) days from the date of re- cordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given. . 7. AS a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that the im- provement for which the Easement is given, regardless of the time performed, and any other work or improvement commenced within two years from the date of recording of this Easement (which improvement and other work or improvement are hereinafter sometimes collectively called "Improvement") shall be done without any cost or expense what- soever to Grantor, and that in the event a special assepsment or as- sessments is ~r are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the bindin~ obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor. . ~- ", Storm Drain Easement S.C.E.CO., a corp., to City of San Bernardino, a municipal corp. Serial No. 53035A 8. Grantee hereby recognizes Grantor's title and interest in and to the above described real property and agrees never to assail or resist Grantor's title or interest therein. 9. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent (90%). 10. The rights hereby granted are not necessary or useful in the performance of the duties of said Grantor to the public. 11. By the acceptance hereof, the Grantee agrees to in- demnify Grantor, its officers, agents, and/or employees, from any and all liability, loss, or damage to which Grantor, its officers, agents, and/or employees may be subjected as the result of any act or omission by Grantee, its officers, agents or employees arising out of the exercise by Grantee, its officers, agents, or employees, of any of the rights granted to it by this instrument. 12. The use of the neuter gender herein will, when appro- priate, be construed to mean either the masculine or feminine gender or both. Unless expreSSly provided elsewhere, herein to the contrary, the terms, covenants and conditions of this Easement inure to the bene- fit of and are binding upon the heirs, successors, representatives and assigns of the parties hereto. " IN WITNESS WHEREOF, said Southern California Edison Company has caused its corporate name and seal to be affixed hereto and this instrument to be executed by the Manager of Right of ~f.Y ,End Land and ASSis~t~1J~J~r~'l~~~~to duly authorized this _~!~ day of ~~==~ SOUTHERN CALIFORNIA EDISON C(M~ By ~~. ------- - --.,...-------.-- C. J. Lowerlson, Jr. Manager of Right of BY====-~ _ ~_~____ Asslstant Secretary . , .. -3- / . . ~., ;orm Drain Easement ,.C.B.Co., a corp., to ~ity of San Bernardino, a municipal corp. serial No. 53035A CITY OF SAN BERNARDINO does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions. DATED as of this day of , 19 CITY OF SAN BERNARDINO By By________ STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) ~~ On this ~).I_ day of ~~~______ __, 19J7~, before me, a Notary Public In and for saId State, per nally appeared C. J. Lowerison, Jr., known to me to be Manager of the Right of Way and Land Department of Southern California Edison Company, the corporation that executed the withiri instrument, known ~o me to be the person who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that such corpora- tion executed the same, pursuant to its by-laws or a resolution of its board of d i r~ et s . !!.illllllllllllHlllI!l!:FlHi:II1I~I::r!il"IIlIIIIJltIIII,I~I(:ilil!f.i;lllj',lIi,llIi~:I~lii:i:!~IJII:II:J~il:,;;jill<lilihil WI TN S ffiyr_d, official seal. - OFFlC:ALSEAL ~ ~==~c_-,', JOM~ E. VDGEI FR ~ NOT/\RY r-'~HUC-;>' r~( ;:'\':,[' ~ ______ Pf.\f[\lCII-'c": ':,;-j':" '~ lOSM,jC;i-.!;:-"(. ',~'y O~ My CGmrniss:on Expires n ',;':::int<;I . l~~:}l ; jl~:iHIWIH Iliil"l i:'; ',:'lri' '; 'I :":' t':; ':':i~~ ;"! I~ :'J' I,:,::il,':' :' ,I:i "i:,;:! ,,!' :,; :!.;ff: . STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this ~~___ day of _~~__, 19~_, before me, a Notary Public In and for said State, pe~nally appeared R ~~~~ ' known to me to be an Assistant Secretary of Southern-caIlIornla-Edison Company, the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws or a resolution of its board of directors. ~ W~ESS my hand and official seal. -~~~7;r"r-------- "-~""Liot..~.. ..__~_~....._.................. ~ '._,~ OFFICIAL SEAL J '~l'"'>?:f, VErlA MONTEMAYOR } .'i7(:~ ".~'. t.lorAIlY PUBUC - CALIFORNIA " ,::;'~l/:if./ ,Pf~rNCJPAL OFFICE:. 1111 ,~ . -" LOS ANGEI.ES (;GUN~~' " .' Mr.c:ommf"lo~~xpi"S_AUg~,l~, 1~8J ( .~.....-fv~ r..."....,.""~, ~.,...~. ...y....lr -4- / , - . . , ~orm Drain Easement ,.C.E.CO., a corp., to City of San Bernardino, a municipal corp. Serial No. 53035A COUNTY OF --------- ) ) ss. ) STATE OF CALIFORNIA On this day of , 19 , before me, a Notary Public-rn and for-saId state,-personalIyappeared , known to me to be the ana------- , known to me-Io-oe-rne----- -------------or-fne City oX-San-Bernardino, the municipal corpora- tion 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-