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RESOLUTION NO. 2010-25
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA (METROPOLITAN) AND THE CITY OF
SAN BERNARDINO RELATING TO THE INLAND FEEDER PROJECT AND
AUTHORIZING THE CITY CLERK TO ACCEPT A PERMANENT EASEMENT DEED
FROM METROPOLITAN FOR KENDALL DRIVE RIGHT-OF - WAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute the attached
Memorandum of Understanding between the Metropolitan Water District of Southern California
(Metropolitan) and the City of San Bernardino relating to the Inland Feeder Project, attached and
incorporated herein as Attachment "A", on behalf of the City.
SECTION 2. The City Clerk is hereby authorized and directed to accept the copy of a
Permanent Easement Deed from Metropolitan for Kendall Drive right-of-way, a copy of said
Permanent Easement Deed being attached hereto and incorporated herein as Attachment "B" on
behalf of the City.
SECTION 3. The authorization to execute the above referenced Agreement is rescinded
if it is not executed within ninety (90) days of the passage of this resolution.
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2'010-25
1 RESOLUTION. . . APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN
2 CALIFORNIA (METROPOLITAN) AND THE CITY OF SAN BERNARDINO
3 RELATING TO THE INLAND FEEDER PROJECT AND AUTHORIZING THE CITY
CLERK TO ACCEPT A PERMANENT EASEMENT DEED FROM METROPOLITAN
4 FOR KENDALL DRIVE RIGHT-OF -WAY.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held
7 on the 16th day of February
,2010, by the following vote, to wit:
8
9
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
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12
13
14
15
16
17
18
19
20
21
22
x
BAXTER
x
BRINKER
~
SHORETT
x
KELLEY
x
JOHNSON
x
MC CAMMACK
x
~~b.~
Rac el Clark, City Clerk
The foregoing resolution is hereby approved this /f/H day of _ February _,2010.
23
Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
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27
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B~~\2~
-2-
2010-25
ATTACHMENT "A"
MEMORANDUM OF UNDERSTANDING BETWEEN
THE METROPOLiTAN WATER DISTRICT OF SOUTHERN CALiFORNIA AND
THE CITY OF SAN BERNARDINO
RELATING TO THE INLAND FEEDER PROJECT
This Memorandum of Understanding (MOU) is entered into this ~ day of February
2010, between The Metropolitan Water District of Southern Califomia (Metropolitan) and the
City of San Bernardino (City) as follows:
RECITALS
A. Metropolitan is a public agency existing pursuant to The Metropolitan Water District Act
(West's Water Code, App., section 109 et seq.) for the purpose of developing, storing and
distributing water for domestic and municipal purposes. In the furtherance of its public
purposes, Metropolitan constructed the Inland Feeder Project (Project) consisting of
approximately 43 miles of tunnels and pipelines connecting the State Water Project at Devil
Canyon to Metropolitan's storage and delivery facilities throughout southern California.
B. City is a charter city of the State of California.
C. Construction of the Project necessarily required that Metropolitan utilize streets owned
and maintained by City for construction-related purposes, including the hauling of pipe segments
to tunnels located in the San Bernardino Mountains north of the City.
D. Use of the City streets by Project-related construction traffic has contributed to wear and
tear and deterioration of the streets used.
E. Metropolitan and City desire to enter into this MOU for the purpose of establishing the
terms and conditions for reimbursing the City for damage caused by use of the City's streets for
Project related purposes.
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1
January 5, 2010
"
2010-25
ATTACHMENT "A"
NOW, THEREFORE, Metropolitan and City mutually agree as follows:
1. Metropolitan shall reimburse City for Project-related damage to the City's streets by
conveying a street easement as described in Paragraph 2, below, and making a monetary
payment, as described in Paragraph 3, below, with a combined total value of Seventy-Five
Thousand Dollars ($75,000.00).
2. As part of the reimbursement to be made by Metropolitan to City, Metropolitan shall
convey to City a street easement in the form attached hereto as Exhibit A, for the future widening
of Kendall Drive by the City. Metropolitan and City agree that the street easement has a value of
Three Thousand Six Hundred Dollars ($3,600.00). Within ten (10) days after execution of this
MOU, City shall provide Metropolitan with an executed original certificate of acceptance as
required for recording of the deed by Govemment Code section 27281. Within thirty (30) days
following receipt of the certificate of acceptance, Metropolitan shall cause the street easement
deed to be recorded in the official records of the County of San Bernardino, and shall cause a
conformed copy of the recorded easement deed to be conveyed to the City Engineer of the City.
3. Within thirty (30) days after execution of this MOU, Metropolitan shall deliver to the
City Engineer of the City a check payable to City of San Bernardino in the sum of Seventy-One
Thousand Four Hundred Dollars ($71,400.00).
4. Conveyance of the street easement described in Paragraph 2 and payment of the sum
provided in Paragraph 3 shall constitute full reimbursement by Metropolitan to City for Project-
related damage to the City's streets and satisfaction of any Metropolitan obligation to City to
repair or reimburse City for the repair of the City's streets. City accepts the conveyance of the
street easement and the payment as full compensation for all damage to the City's streets
resulting from their use in connection with the Project.
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January 5, 2010
2010-25
ATTACHMENT "A"
MEMORANDUM OF UNDERSTANDING
RELATING TO THE INLAND FEEDER PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the date first written
above.
CITY OF SAN BERNARDINO
THE METROPOLITAN WATER DISTRICT
OF SOU ERN CALIFORNIA
By:
By:
APPROVED AS TO FORM:
BJ6~?~
lame F. Penman
City Attorney
By:
anderhorst
eputy General Counsel
ATTEST:
BY:-.-f2~ h.~
Racbtrt Clark
City Clerk
3
January 5, 2010
.
Recorded at the Request of and Mail to:
~ p ''"''"
Ooc#: 2010- 0096458
111111111111111
LARRY WALKER
Auditor/Controller - Recorder
311112010
1:34 PM
BGJ
Recorded In Official Records, County ot San Bernardino
THE METROPOLiTAN WATER DISTRICT
OF SOUTHERN CALiFORNIA
Post Office Box 54153
Los Angeles, CA 90054
Attention: Right of Way and Title Engineering
Tilles: 1 Pages: 6
Fees 0.130
Taxes 13.139
ather 1.130
PAID $1.00
DOCUMENTARY TRANSFER TAX $ None
(ExemptnSection 11922, California
Revenue and Taxation Code)
RECORDING FEES $ None
(Exempt-Section 27383 of the Government Code)
PERMANENT EASEMENT DEED
RIAL TO PIPELINE
MWD Parcel No. 1606-29-5 (Ptn.)
APN 266-031-11 (Ptn.)
R.L. 2892
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a
public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF SAN
BERNARDINO, hereinafter referred to as Grantee, a permanent easement for street purposes
over and across real property of Grantor located in the City of San Bernardino, State of
California, hereinafter referred to as Property. Said Property is described on Exhibit "A" and
shown on Exhibit "B," attached hereto and incorporated herein by reference.
This easement is granted subject to the following terms and conditions:
1. It is subject to Grantor's paramount right to use the Property for the purposes for
which it was acquired.
2. Grantee shall submit, in advance, all plans for installation and construction or
reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall
show the location and size of Metropolitan's rights-of-way and the location and size of
Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted,
any trees on the Property.
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.
4. Any street improvements within the easement area constructed by Grantee shall
be so constructed as not to interfere with Grantor's access to adjoining property.
Permanent Easement -2-
MWD Parcel No. 1606-29-5 (Ptn.)
Street improvements constructed within the easement area shall conform to final
plans approved in writing by Grantor, which show the location, character, dimensions, and
details of the work to be performed; and (b) after initial construction is completed, any future
changes to the street shall require the prior written approval of Grantor, which approval shall not
be unreasonably withheld.
5. Grantor's access over and across this easement shall be reasonably maintained by
Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to
place its lock on any gates constructed hereon.
6. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds,
trash and debris, and shall comply with all applicable laws and regulations concerning the use of
Property.
7. Grantor purchased the Property in fee for its existing facility and/or future
appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and
use of the existing and/or future facilities and appurtenances on Property and/or Grantor's
adjacent property attributable to the presence of Grantee's improvements shall be borne by
Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected
as a consequence of the easement, Grantee shall bear all related costs.
8. Grantor shall not be required to contribute any part of the costs of street
improvements on the Property, and, furthermore, if Grantor is included in an assessment district
to pay such costs, Grantee shall reimburse Grantor for any assessment levied upon it.
9. 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
cascmcnt, or usc by Grantcc ofthc cascmcnt or any adjoining land used with thc easement.
10. In the event of abandonment by Grantee of the rights granted herein, they shall
terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition
as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a
quitclaim of such rights.
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Permanent Easement -3-
MWD Parcel No. 1606-29-5 (Ptn.)
Dated:
/ //3 j/o
I ,
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Jeffrey Kightlinger
General Manager
~/: ..../~.. - -
/ <"k .
By 2.,:; .ti./~ L.-f!-"
Ralph'T. cks, Manager C
Real Property Development and
Management Group
Authorized by MWD Administrative Code Section 8230
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles} ss.
On ----W.zI' 0
before me,
Li-z.<<'" O\G\0.J~ , Notary Public,
personally appeared ~"'\9h T. ~C" "- c:,. , who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person 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.
WITNESS my hand and official seal.
L1ZEll4 OLAGUE
. comml"lon " 1700M'
Notary PubliC - califOrnia
t Lot Angele. County J
~c:onm~~~~I~
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Sig ature of No y Public
j:\ W A5057PermanentEasement.docx
ATTACHMENT "B"
EXHIBIT A
RL 2892
1606-29-5 (portion)
PERMANENT EASEMENT
MWD to the
City of San Benwdino
The most northeasterly 10.00 feet that parcel ofland in the City of San Bernardino, County
of San Bernardino, State of California, conveyed to The Metropolitan Water Distriet ofSouthem
California, by Grant Deed, recorded July 26, 1971, in Book 7717, page 201, of Official Records, in
the Office of the County Recorder of said County, as measured at right angles to and parallel with
that certain line shown on map ofRccord of Survey, filed in Book 31, pages 40 through 42,
inclusive, of Records of Survey, in the Office of said County Recorder of said County, having a
bearing and distance ofN 58006'31" W 262.43 feet.
All as shown on Exhibit ''B'' attached hereto and made a part hereof.
Subject" to any BUd all existing uses, licenses, permits, easements, rights olway,
covenants, conditions. and restrictions.
END OF DESCRIPTION
PREPARED UNDER MY SUPERVISION
.
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?I'I / Zt)~8
Date
j:lprojcctslCootblIL__riallo,..pipelincl1uwllegol\1606-29-' _RL2B!l2.docx
"1412008
Page I of!
ATTACHMENT "B"
EXHIBIT B
Page 1 of 1
P01flon ot Block 52. M.8. 3/9,
. CIIy of S.n Semarrtlno,
Counly of San Bern.tdlno, SIlIt8 ot CIIIHoml8
THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION
...........
':
.........
.........~
..........
"
MWD Fee 1606-29-5
O.R. 7717/201, July 26, 1971
AZ
1IAO-
,,53
---
....-
fIT
.IL
,r-
Subject to.ny and aN exlatlng
uaee, Ilcena"!', p.8IIJIIfa,
.._me/lfS, ,~ otway,
COVIIIIlIIIflt, COIJd1ftorrs, and
. restriction&.
NOT TO SCALE
LEGEND
VICINITY MAP
~
PemtanenI EII_
1~ PorIIon
2.5114 ....... feet
PREPARED UNDER
MY SUPERVISION
THE METROPOLITAN WATER DISTRICT
OF 8OlITHl!ffH CMJfOIINIA
foothlU feeder - Rlano PIpeline
PERMANENT EASEMENT
MWD to
City of S.n Bematdlno
1608-28-5 (PorUoll)
(RL 2892)
M.
PLS 7328
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, .
Dldli
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5-,__
CERTIFICATE OF ACCEPTANCE
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 grantee consents to the recordation thereof by its duly authorized officer.
CITY OF SAN BERNARDINO
BY:~c...w. h ~l~~
1 Clerk
Date: /h:t~ f{.. ..t.. D / (/