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Home My WebLink About2009-002 " , . 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. 2009-2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED PROPERTY LOCATED AT 1298 N. PENNSYLVANIA AVENUE, KNOWN AS ANNE SmRRELLS PARK (APN 0143-211-11). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, a Grant of Easement to Southern California Edison across City owned property, located at 1298 N. Pennsylvania Avenue, known as Anne Shirrells Park, more fully described in the Grant of Easement document attached hereto as Exhibit" 1" and made a part hereof. //1 //1 12/29/2008 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 2009-2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY OWNED PROPERTY LOCATED AT 1298 N. PENNSYLVANIA AVENUE, KNOWN AS ANNE SIDRRELLS PARK (APN 0143-211-11). I HEREBY CERTIFY that the foregoing resolution was du1y adopted by the Mayor and Common Council of the City of San Bernardino at a joint' rpg)I' "r the 20th day of January Council Members: AYES ESTRADA BAXTER BRINKER (VACANT) KELLEY JOHNSON MCCAMMACK meeting thereof held on , 20~, by the following vote, to-wit: NAYS ABSTAIN ABSENT x x x x x x Q'l~ )). ~ City'clerk The foregoing resolution is hereby approved this c:2/.r day of January Approved as to form: 12/29/08 ,20~. ~~ TRI J. MO , yor Ci an Bernardino 2 RFCORDING REQUESTED BY ~ rOISON Recorded In O'flrJaI Record.. Coo_IV or Sail Bernardino ~~ \~ P Counler Doc#: 2009 - 0039503 III """111'11111''''11111/111' LARRY WALKER Audllo,lCentro,re, - Record., 1/28/2009 8;47 AM U 2n09- 2 An ED/SOX lXTF:RS,U'/(},V,'l.L Compuny Tilt.., PlIg.., 8 WHEN RECORDED MAIL TO SOUTHERN CAUFORNIA EDISON COMPANY Corpo,ate Real Estate 14799 Chestnut Street Westminste" CA 92683-5240 Feps 24.0i!\ liJ.i1ltl 0.€I0 524.1110 Taxes ather PAIO----.-- Attn: DistributionffRES 41ttl~lR SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT F Redlands 6531.2357 10# 239902 8.2355 I'::CfI SCE C""""" lSl .01" Dl!a.ARANT ORAGENT DETERMINING TAX FIRM NAMI! flY 227-2202-0 '" 0143.211.11 "","OVED CORPORATE REAL ESTATE SLS/GB 01/14/09 CITY OF SAN BERNARDINO, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as 4'Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of San Bernardino, State of California, described as follows: TWO STRIPS OF LAND LYING WITHIN LOT 7, H.H. LINVILL'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 8, PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP # 1 (6.00 FEET WIDE) COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE EASTERLY LINE OF SAID LOT, SOUTH 00001 '26" EAST 50.00 FEET; THENCE SOUTH 89058'34" WEST 10.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00001'26" EAST 7.25 FEET TO A POINT TO BE HEREINAFTER REFERRED TO AS POINT "A". STRIP #2 (9.00 FEET WIDE) COMMENCING AT SAID POINT "A"; THENCE SOUTH 89058'34" WEST 1.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00001 '26" EAST 14.00 FEET. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730 (c) of the Business & Professions Code. 2009-~ Grantee requests said easemenl for installation of Grantee's underground systems 10 service the new T-Mobile IMS Site I E24775B-Anne Sherrills Park. Consideration for Granlor's granl of easemenllo Granlee is the renl Granlor will receive from the Lease between Granlor and T -Mobile, recorded in the County of San Bernardino on December 15, 2008 as Memorandum of Lease, under Document No. 2008-0553079. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to pennit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above descnbed real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavalion, and shall replace the earth so removed by il and restore the surface of the ground to as near the same condition as il was prior to such excavalion as is practicable. .-.- EXECUTED this ~;:. day of . jo'l"'P/P_j , 20 ,,'/. GRANTOR: ClTY OF SAN BERNARDINO, a municipal corporalion Signa~~~_) (PrinIName) y~~..1z -:J. t-(F~S' Tille ~((lV"" ' GRANTEE: SOUTHERN CALIFORNIA EDISON COMPANY, a corporalion By: Emnlanuel P. Hyppo . e, Supervisor of ECS & Distribulion, Corporate Real Estate Departmenl Date: i Iz 7 ;;~S / I 2 DSE800 190866 6531-2357/8-2355/ TD# 239902 2009- 2 Stale of California ) Countyof SaY! ~dillo )) "-~.t)\t~ILl\ \{\)\'\('...I On ~(J.n '2 '2..l'1beforeme, ,),t\i.e m. ~'Zier- YY\a..+hews ,personally (here insen name and title of the officer) appeared fUf:nc.k. 0'. (Y)M r; 5 who proved to me on the basis of satisfactory evidence to be the person~whose name~ is/lilt. subscribed to the within instrument and acknowledged to me that he/s~~ executed the Same in his/her/their authorized capacityO.,). and that by hisIIJWLt!ltir signature~ on the instrument the personOif. or the entity upon behalf of which the personpiQ acted, executed the instrument. I cenif)' under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. '~ffkA~~...v (This area for notary stamp) State of California .CI_' ..1,.... .....,.... . C.' ... I r ~ ...~-=.. - J~ ) ) Countyof Orn...". ) onJq,~1'l 11,JOO'lbeforeme, MOl'\iCfA cJ.....,~ :t',O-\(la...H?IJl)"\c:. V (here insen e and title of the omcer) appeared ~<>AI\ve1 j). \\~ ff'O \. t€ who proved to me on the basis of salisfattory evidence to be the person~ whose name(!)~ subscribed to the within instrument and acknowledged to me that 1Ii'~~y executed the same ~/!Jl6r authorized capacity~, and that by ~/tbEir signaturel'Q on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. , personally I cenif)' under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Q MC>P'-' QUltoeA .' comm'lSlon II 17..... I. Nola" PublIC ,e...."'J.... I .' 01__ C-'Y l _ _ .'$iW_~I~ Signature~' ~~ (This area for notary stamp) 3 DSE800 190866 6531-2357/8-23551 TD# 239902 1 NOTARY CLARITY Under the provisions of Govl?rnment Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: - Place of Execution: j c)li e. let. ~\((1Z.Jf'2.. - ~\Cl~ htu:,-~ , 'lllq6~ cll., Name of Notary: Commission #: Date Commission Expires: n lLj \~~ ;'tlCl./~'1G '61 'leI) ) Print Name: )Clll . ~;A I J( C~ Q~;2C(=0 C. "0, C...lll" - . L I;T , ('.)() (, Date: Signature: .~ NOTARY CLARITY Under the provisions of Govt;!rnment Code 27361.7, ! certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: . , Name of Notary: ~'c. eX. ~L~' ,-eg0- Commission #: I 'l 'ill q C) L I -g Place of Execution: C mv Ci Date Commission Expires: \:) ei'_ l \ j '!.... 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