HomeMy WebLinkAbout2009-317
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RESOLUTION NO. 2009-317
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 ON THE
NORTHEAST CORNER OF PALM A YENUE AND IRVINGTON AVENUE, KNOWN AS
TOM MINOR PARK (APN 0261-691-48).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of thc City of San Bernardino is hereby authorized and
directed to execute on behalfofthe City, a Grant of Easement to Southern California Edison across
City owned property, locatcd on thc northeast corncr of Palm Avenue and lrvington Avenue,
known as Tom Minor Park, morc fully dcscribed in the Grant of Easement document attached
hcreto as Exhibit n I n and made a part hereof.
III
III
04121/2009
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2009-317
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 ON THE NORTHEAST CORNER OF PALM A VENUE AND IRVINGTON
A VENUE, KNOWN AS TOM MINOR PARK (APN 0261-691-48).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting thereofheld on
the 8th
day of September
,20~, by the following vote, to-wit:
Council Membcrs: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER X
BRINKER X
SHORETT X
KELLEY X
JOHNSON X
X
MCCAMMACK
Q<~~ .h. L~~
City Clerk
Thc foregoing resolution is hereby approved this 2.!.:.!... day of September
,20~.
J. MORRIS, ayor
an Bernardino
04/21/09
2
-
2009-317
RECORDING REQUESTED BY
~.I rBT SORN
An EDISON JNTER.vA TlO.VtIl. Com an
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683-5240
Altn: Distribution/TRES
SPACE ABOVE THIS LINE FOR RECOROER'S USE
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX S NONE NALlJE ~-..
AND CONSIDERATION I FSS THAN 5100 om Redlands 6431.5597 8-5500
seE Company "" 253-2193.0 APPROVED:
SIG. OF OEcu.RAIoIr DR AGeNT DETERMINING TAX FIRM NAME ^'. 0261-691-48 CORPORATE SLS/CT 912109
REAl ESTATE
CITY OF SAN BERNARDINO (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "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 "A" OF TRACT NO. 16457, AS PER MAP ON FILE IN BOOK
308, PAGES 19 THROUGH 22, INCLUSIVE, OF MAPS, IN mE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID STRIPS BEING DESCRIBED AS FOLLOWS:
STRIP #1 (9.00 FEET WIDE)
SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE INTERSECTION OF mE CENTERLINE OF PALM AVENUE, WITH THE
CENTERLINE OF IRVINGTON AVENUE, AS SAID INTERSECTION IS SHOWN ON SAID MAP OF TRACT
NO. 16457; THENCE SOUTH 62"24'21" EAST 142.00 FEET ALONG SAID CENTERLINE OF IRVINGTON
A VENUE; THENCE NORm 27"35'39" EAST 30.00 FEET, TO THE TRUE POINT OF BEGINNING IN THE
NORTHEASTERLY LINE OF SAID IRVINGTON AVENUE, SAID POINT ALSO HEREINAFTER REFERRED
TO AS POINT "A"; THENCE soum 62024'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE,
TO A POINT OF ENDING.
STRIP #2 (17.00 FEET WIDE)
SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT SAID POINT "A"; THENCE SOUTH 62"24'21" EAST 41.00 FEET ALONG SAID
NORTHEASTERLY LINE, TO THE TRUE POINT OF BEGINNING: mENCE CONTINUING SOUTH 62"24'21"
EAST 38.00 FEET, TO A POINT OF ENDING.
TIlE ABOVE.DESCRIBED STRIPS OF LAND CONTAIN APPROXIMA TEL Y 1,015.00 SQUARE FEET, MORE
OR LESS.
EXHIBIT "1"
2009-317
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
Grantor agrees for himself, his heirs and assigns. not to erect, place or maintain, nor to penn it the erection, placement
or maintenance of any building, planter boxes, eanh fill or other structures except walls and fences on the above described 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 excavation,
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
Grantee hereby agrees to defend, indemnity, and hold harmless Grantor from and against any and all claims, liability,
and damages arising from Grantee's activities related to said easement, except to the extent that such claims arise from the sole
active negligence or willful misconduct of Grantor, its employees, agents and contractors.
EXECUTED this _ day of
,20_.
GRANTOR
CITY OF SAN BERNARDINO
Signature
Print Name
Title
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation
By:
Emmanuel P. Hyppolite, Supervisor of ECS &
Distribution, Corporate Real Estate Department
Date:
2
DCP800209908
6~31.55971 8.5500
2009-317
RECORDING REQUESTED BY
..J fUi5Rf SORN
An EDISON INTERNATIONAL Com an
CC(Q)~Y
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683-5240
Altn: DistributionffRES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF
EASEMENT
DDCLJMFNTARY TRANSFER TAX S NONE NAllJE c...
AND CONSIDERATION LESS THAN 5100 om Redlands 6431.5597 8.5500
seE Company ,,",253-2193.0 AP~OV'EO: ~,.
SIG. OF OECl..AIW'lT OR AGENT DETERMINING TAX FIRM NAME .eN 0261.691-48 CORPORATE SLS/CT 9/2109
REAL ESTATE
CITY OF SAN BERNARDINO (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, ils successors and assigns (hereinafter referred to as "Grantee"), an easemenl 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 "A" OF TRACT NO. 16457, AS PER MAP ON FILE IN BOOK
308, PAGES 19 THROUGH 22, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID STRIPS BEING DESCRIBED AS FOLLOWS:
STRIP #1 (9.00 FEET WIDE)
SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PALM AVENUE, WITH THE
CENTERLINE OF IRVINGTON AVENUE, AS SAID INTERSECTION IS SHOWN ON SAID MAP OF TRACT
NO. 16457; THENCE SOUTH 62'24'21" EAST 142.00 FEET ALONG SAID CENTERLINE OF IRVINGTON
AVENUE; THENCE NORTH 27"35'39" EAST 30.00 FEET, TO THE TRUE POINT OF BEGINNING IN THE
NORTHEASTERLY LINE OF SAID IRVINGTON AVENUE, SAID POINT ALSO HEREINAFTER REFERRED
TO AS POINT "A"; THENCE SOUTH 62"24'21" EAST 41.00 FEET ALONG SAID NORTHEASTERLY LINE,
TO A POINT OF ENDING.
STRIP #2 (17.00 FEET WIDE)
SAID STRIP IS LYING NORTHEASTERLY OF AND CONTIGUOUS TO THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT SAID POINT "A"; THENCE SOUTH 62'24'21" EAST 41.00 FEET ALONG SAID
NORTHEASTERLY LINE, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 62"24'21"
EAST 38.00 FEET, TO A POINT OF ENDING.
THE ABOVE-DESCRIBED STRIPS OF LAND CONTAIN APPROXIMATELY 1,015.00 SQUARE FEET, MORE
OR LESS.
2009-317
This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.
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 described 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 excavation,
and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to
such excavation as is practicable.
Grantee hereby agrees to defend, indemnify, and hold hannless Grantor from and against any and all claims, liability,
and damages arising from Grantee's activities related to said easement, except to the extent that such claims arise from the sole
active negligence or willful misconduct of Grantor. its employees. agents and contractors.
EXECUTED this //I7~ay of Sc.c>re/7~h;:;-; ,20t17
GRANTOR
CITY OF SAN BERNARDINO
G~"'~
1177eItl.c V rtoGe/S
Print Name
/Jl/-l yC)~
Title '
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation
By:
Emmanuel P. Hyppolite, SupervisorofECS &
Distribution, Corporate Real Estate Department
Date:
2
DCP800209908
6431.5597/8.5500
2009-317
State of California
County of ~'''I &t~"""
)
)
)
On ~r 1\ ,'too 'i before me, J" /; < fYI. 1<='fJ..i..."./YI....t\...u) ,N.-4,,_ V.I.\"... , personally
(here insert name and title of the office})
appeared ~ 'co Ie::.... .-:- yy\ '" r .: ~
who proved to me on the basis of satisfactory evidence to be the person whose nam~ is/aK...subscribed to the within
instrument and acknowledged to me that he/~/tj)cy executed the same in hislher/their authorized capacity~ and that
by hi~tXIr signatur~ on the instrument the person<)t or the entity upon behalf of which the perso~acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
WIlNESS my hand and official seal.
r-"---~tt~rR'~
. MIl M. R.M/i
Commllllon # 17...M
- NoIaty PublIc . Callfomla
I Ian lehlClfCllno Counlr I
~..' ~S1.21111
(This area fnr notary stamp
';~'15L, iYI.!.-r M.:ll-,
State of California
County of
)
)
)
On
before me,
, personally
(here insert name and title of the officer)
appeared
who proved to me on the basis of satisfaclory evidence to be the person(s) whose name(s) is/are subscribed to the wilhin
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws oflhe State of California that the foregoing paragraph is true and
correct
WITNESS my hand and official seal.
Signature
(This area for notary stamp)
3
DCP800209908
6431-5597/8-5500